United States · United States Congress · 22 June 1995
Interim Waste Act - Instructs the Secretary of Energy to: (1) accept spent nuclear fuel and high-level radioactive waste beginning not later than January 31, 1998; and (2) design, construct, and operate interim storage facilities for spent nuclear fuel. Mandates: (1) licensure of interim storage facilities by the Nuclear Regulatory Commission; (2) commencement of operations by January 31, 1998; and (3) location of the facilities at the Savannah River Nuclear site and the Hanford Nuclear site.
United States · United States Congress · 22 June 1995
Domestic Violence Victims Insurance Protection Act of 1995 - Prohibits insurers from denying or cancelling insurance coverage for individuals solely on the basis that the individual is or has been the subject of an act of domestic violence.
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 · 16 June 1995
Amends rule XIII of the Rules of the House of Representatives to abolish the Consent Calendar and establish the Corrections Calendar. Sets forth procedures for consideration of bills on such Calendar on the second and fourth Tuesdays of each month. Requires a three-fifths vote to pass any bill called from such Calendar. Prohibits the sustaining of any point of order against or the rejection of such bill from causing it to be removed from the Union or House Calendar to which it was originally referred.
United States · United States Congress · 15 June 1995
Natural Disaster Protection Partnership Act of 1995 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act) to: (1) require a State to pay or agree to pay at least five dollars per resident, as determined by the latest official census, before such State or local government receives Federal assistance for the repair, restoration, reconstruction, or replacement of public facilities damaged or destroyed by a major disaster in the State; and (2) revise the formula used to determine the Federal share of such assistance as well as the Federal share for debris and wreckage removal from publicly and privately owned lands resulting from such disaster. Allows an increase of such assistance only upon the enactment of a joint resolution not designated as an emergency under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). (Sec. 5) Adds provisions concerning disaster mitigation. Requires the Director of the Federal Emergency Management Agency to establish and carry out natural disaster hazard mitigation (mitigation) programs that support natural disaster research, technology, and education. Gives the effect of law to a specified executive order relating to earthquake design and construction standards for federally leased, assisted, or regulated buildings. Requires the Director to enter into an arrangement with the National Academy of Sciences to study and report to the Congress on the feasibility of establishing: (1) national minimum building construction standards for residential and commercial building construction; and (2) standards for the training and licensing of home inspectors and for using such inspections as a means of promoting mitigation for residential property. Requires the Director to define which States should be classified as natural disaster-prone for purposes of the Act. Requires each natural disaster-prone State to either: (1) adopt multihazard building and safety codes for all new and substantially modified building construction in that State; or (2) certify that the State's local communities have adopted and are enforcing building codes which meet the appropriate minimum mitigation requirements of that State. Requires each State designated as flood-prone to either adopt relevant flood protection standards or certify that its flood-prone local communities are in compliance with appropriate State flood protection standards. Requires each natural disaster-prone State to either develop a multihazard mitigation plan or designate an existing plan which includes specified compliance and response requirements. Outlines provisions concerning State compliance with the establishment, adoption, and implementation of appropriate mitigation plans. Provides penalties for noncompliance. Requires the Director, after crediting premiums from the Natural Disaster Insurance Corporation (established under this Act), to allocate funds from a Mitigation Account (established under this Act) to States which comply with all mitigation requirements under this Act. Provides an allocation formula. Requires such funds to be used to support mitigation activities, especially those necessary to bring a State into compliance with building and safety code requirements enumerated under this Act. Requires audits of fund uses. Exempts a State, under specified conditions, from a particular mitigation requirement if it receives inadequate funds from the Account to cover the costs of complying with such requirement. Encourages each private insurer that participates in the Natural Disaster Insurance Corporation to take mitigation measures into account in setting rates and deductibles for its property insurance. Establishes the Natural Disaster Insurance Corporation as a not-for-profit membership corporation to provide primary insurance coverages and reinsurance coverage for hurricanes, earthquakes, volcanic eruptions, and tsunamis. Requires the Corporation's Board of Directors (Board) to: (1) develop a plan of operation describing the Corporation's administration and the provision of the insurance coverages it provides; and (2) develop and adjust, when necessary, actuarially sound rates for such coverages. Establishes an independent Natural Disaster Insurance Board of Actuaries (Independent Board) to review and approve such plan and rates. Requires the Board to file with each State insurance regulator information copies of the initial material and future revisions to its insurance rates, terms, or conditions. Requires the Corporation to establish and maintain a: (1) primary insurance coverage trust account to pay qualifying claims and loss adjustments expenses to private insurers acting as service providers of the primary insurance coverages; and (2) reinsurance coverage trust account to pay qualifying claims to private insurers which purchased such coverage. Outlines provisions concerning the Corporation's use of funds from other accounts and funds to pay for losses in excess of trust account funds or funds raised by issuing obligations in the private market (requiring repayment of funds borrowed from such accounts or funds). Requires the trust accounts to be kept separate. Prohibits: (1) the borrowing of monies between such accounts; and (2) the authorization or appropriation of Federal funds for Corporation activities. Requires the Comptroller General to audit and report to the Congress on Corporation and Independent Board activities. Requires the Corporation to: (1) issue primary insurance coverages that insure against physical damages and losses to residential property, including debris removal, additional living expenses incurred as a result of direct damage to such property, and ordinance and law coverages, resulting from the natural disasters enumerated in this Act that meet specified terms and conditions; and (2) make, under certain conditions, excess reinsurance coverage available to private insurers and State insurance pools for residential losses (including quota-share amounts retained by the private insurers under this Act not already insured by the Corporation under the primary insurance coverage policies) and commercial losses that are proximately caused by specified natural disaster perils. Prohibits making or renewing any federally-related mortgage loan secured by residential property located in an earthquake, volcanic eruption, tsunami, or hurricane-prone State unless the property is covered by: (1) primary insurance coverages; or (2) coverage issued by a private insurer which has equivalent terms, conditions, and rates as such coverages for seismic perils and that meets such terms and conditions as those required for the hurricane peril. Provides an escrow requirement with respect to insurance premiums for such coverage. Outlines requirements that must be met by residential property owners in natural disaster-prone States before the owners can receive any financial assistance under the Act or any similar Federal disaster assistance. Requires the Director and the Corporation to jointly report to the Congress on any additional sanctions or other measures deemed necessary to assure that policyholders purchase Federal flood insurance pursuant to the National Flood Insurance Act of 1968. Requires private insurers which exclude coverage for physical damage caused by flooding to include in the contract a specified warning statement to that effect (or an appropriate alternative warning statement). Establishes in the Treasury the Natural Disaster Protection Fund. Establishes within the Fund a separate Private Loss Account, Public Loss Account, and Mitigation Account. Requires the three accounts to be kept separate and prohibits the borrowing of monies between them. Requires the Private Loss Account to provide direct Federal loans to cover shortfalls in the Corporation's primary insurance and reinsurance accounts. Requires the Public Loss Account to: (1) retain reserve funds sufficient to cover the anticipated costs resulting from natural disasters up to the annual ten-year historical average of disaster relief provided by the Director; and (2) provide grants to States for the repair or restoration of critical facilities and lifelines, public facilities, and infrastructure damaged or destroyed by natural disasters and for pre-natural disaster mitigation. Allows the Federal share of such grants to be increased only upon the enactment of a joint resolution not designated as an emergency under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985. Requires: (1) the Mitigation Account to provide funds to States for appropriate mitigation efforts described in this Act; and (2) the Corporation to pay a specified percentage of the annual net premiums collected for the primary insurance coverages and the reinsurance coverages for mitigation purposes. Provides for appropriate transfers and credits to the Public Loss Account and the Mitigation Account. Authorizes appropriations to such Accounts.
United States · United States Congress · 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 · 14 June 1995
Safety and Health Improvement and Regulatory Reform Act of 1995 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise provisions for OSHA standards. Requires promulgation and modification of such standards to be based of certain analyses and criteria, including a specified type of regulatory impact analysis, as well as a risk assessment and a cost-benefit analysis which are industry-specific. (Sec. 2) Repeals provisions for separate rules for toxic materials or harmful physical agents. Deems a variance to have been issued as of the date the application for it was filed,if the Secretary has failed to approve or disapprove such application within 90 days of such filing (unless the Secretary of Labor and the applicant agree to a longer period). Sets forth requirements relating to such regulatory impact analyses (both a preliminary and a final one), risk assessments, and cost-benefit analyses. Directs the Secretary, within seven years of the effective date of this Act, to review each OSHA standard in effect as of such effective date under specified criteria, and to modify or revoke such standards as appropriate. Allows each person affected by a promulgated OSHA standard to petition the Secretary to modify or revoke such standard pursuant to this review process. Sets forth substantive and procedural requirements relating to such provisions. Repeals the mandate that, in determining the priority for establishing OSHA standards, the Secretary give due regard to: (1) the urgency of the need for such standards for particular industries, trades, crafts, occupations, businesses, workplaces, or work environments; and (2) the recommendations of the Secretary of Health and Human Services regarding such need. Directs the Secretary, upon determining that a rule should be promulgated or modified to serve OSHA objectives, to appoint an independent and external peer review panel to review the scientific and economic data which forms the basis for such standard and such data's relevance to industries and workers that would be affected by it. (Sec. 3) Revises provisions for notices of violations and citations. Directs the Secretary to give notices of violations, with specified periods for abatement (at least 30 days, except that a reasonable shorter period may be ordered if the condition constitutes a direct threat to employees). Authorizes the Secretary to issue citations after a follow-up inspection if the violation remains and the abatement period has expired. Provides that such notice of a violation before issuance of a citation shall not be required in cases of alleged violations causing death or serious injury, or constituting an imminent danger, to an employee. (Sec. 4) Directs the Secretary to establish an office to promote, administer, and coordinate the following worksite-based incentives programs and activities. Exempts from general OSHA inspections workplaces which: (1) the employer certifies have been reviewed under a Federal-State consultation services program or a workplace review provided by a certified person; or (2) the Secretary chooses to certify as having significant involvement of their employees in their safety and health program. Directs the Secretary to establish programs to: (1) certify persons to conduct such reviews; (2) give special recognition (including exemption from random OSHA inspections) to worksites, companies, and other organizations which have implemented particularly effective programs addressing occupational safety and health in the workplace; and (3) provide education, training, and technical assistance to employers and employees in providing safe and healthful workplaces and complying with OSHA requirements. Reserves at least one-half of the annual appropriation under OSHA for such worksite-based incentives programs, effective in the first fiscal year beginning three years after the effective date of this Act. (Sec. 5) Makes certain restrictions under the National Labor Relations Act and the Railway Labor Act inapplicable to employee participation on certain committees, teams, or other arrangements dealing with employers concerning health and safety of working conditions or related matters. (Sec. 6) Revises provisions for inspections. Revises provisions relating to employee requests for inspections to: (1) eliminate such requests by employee representatives; and (2) make a special inspection discretionary rather than mandatory, while having the Secretary make an inquiry with the employer, upon determination that there are reasonable grounds that the alleged violation or danger exists and that the employer has failed to correct it. Requires that certain inspections be conducted by at least one individual who has technical expertise by training or experience in the industry or types of hazards being inspected. Directs the Secretary to: (1) enter into agreements with other Federal agencies and with States to train inspection personnel of agencies which inspect employers to inspect places of employment to determine if employee fire protection is adequate; and (2) establish a system for referral of fire hazards to the Secretary after notification to the employer, if the employer fails to take corrective actions. Prohibits the Secretary from conducting routine inspections of (or enforcing any OSHA standard, rule, regulation, or order with respect to): (1) any person engaged in a farming operation that does not maintain a temporary labor camp and is employing ten or fewer employees; and (2) any employer of not more than 50 employees that has an occupational injury or a lost work day rate less than the national average. Sets forth certain exceptions from such exemption. (Sec. 7) Adds employer defenses of employee misconduct, or alternative safe methods, or other inconsistent or conflicting requirements. (Sec. 8) Revises OSHA penalties. Eliminates provisions relating to willful and repeated violations. Directs the Occupational Safety and Health Review Commission to: (1) assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors; and (2) not assess a penalty greater than that proposed by the Secretary. Allows reduction of a civil penalty by the cost to the employer of correcting the violation. Authorizes the Secretary to propose that a special assessment penalty of up to ten times greater be applied in the circumstances of employee fatalities, or an excessive history of serious injuries to employees, caused by violations of certain OSHA standards. Prohibits penalties where no standard or regulation exists. Provides for jurisdiction for prosecution under State and local criminal laws. (Sec. 9) Revises enforcement procedures with respect to Commission review of the Secretary's citations or proposed penalties for employers. Revises judicial review provisions to require upholding, if reasonable, of the Commission's conclusions of law with respect to the construction of OSHA, or regulations, rules, standards, or orders adopted under OSHA. Increases Commission membership from three to five, and quorums from two to three members. Requires at least one Commission member to have expertise or experience in mining. Revises provisions for Commission hearings and records to provide that, if the parties so agree, there shall not be required any formal proceedings, including requests for production of documents or requests for admissions, interrogatories, or depositions. (Sec. 10) Repeals OSHA provisions for: (1) the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it; (2) NIOSH research and related activities; and (3) NIOSH training and employee education activities. (Sec. 11) Repeals OSHA provisions relating to the already terminated National Commission on State Workmen's Compensation Laws. (Sec. 12) Revises OSHA conditions for approval of State plans. Makes certain conditions inapplicable if the State has adopted alternative performance measures to assure that its program is at least as effective as the Federal program in assuring safe and healthful employment and places of employment. (Sec. 13) Revises procedures for discrimination protection for whistle-blowers under OSHA. (Sec. 14) Provides for OSHA coverage of Federal agencies. (Sec. 15) Repeals provisions for separate occupational safety and health programs for Federal agencies. (Sec. 16) Authorizes employers to establish alcohol and substance abuse testing programs where there is a reasonable probability that any employee's safety or health could be endangered because of use of alcohol or a controlled substance in the workplace. Requires such programs to conform to specified Federal guidelines. Allows employer pre-employment testing for alcohol or substance abuse under specified circumstances. Authorizes the Secretary to test employees for use of alcohol or controlled substances during any investigation of a work-related fatality or serious injury. (Sec. 17) Repeals titles I, II, III, and V of the Federal Mine Safety and Health Act of 1977 (FMSHA). Transfers the functions, responsibilities, and authorities of: (1) the Mine Safety and Health Administration to the Assistant Secretary of Labor for Occupational Safety and Health; and (2) the Federal Mine Safety and Health Review Commission to the Occupational Safety and Health Review Commission. Deems FMSHA standards to have been promulgated under OSHA. Prohibits the Secretary from enforcing any other standards promulgated prior to the effective date of this Act, with respect to activities, conditions, or processes which were subject to FMSHA. Repeals specified parts of the Code of Federal Regulations (CFR). Prohibits requirements of a specified part of CFR from being enforced with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine. Establishes OSHA requirements for mine safety inspections, enforcement orders, and penalties. Requires the National Mine Health and Safety Academy to be: (1) maintained as an agency of the Department of Labor; and (2) responsible for training of mine safety and health inspectors and technical support personnel, and for any other training programs for mine inspectors, mining personnel, or other personnel designated by the Secretary. (Sec. 18) Revises specified OSHA provisions for recordkeeping, reporting, and statistics. (Sec. 19) Adds definitions of the terms "serious injury" and "industry." (Sec. 20) Directs the Secretary to: (1) report annually to the Congress regarding activities under OSHA, including recommendations to avoid unnecessary duplication and to achieve coordination with other Federal laws; and (2) provide for a means for certification of equipment safety, to be conducted by nongovernmental agencies, unless such agencies with professional or technical personnel or materials and equipment are not available.
United States · United States Congress · 13 June 1995
Military Construction Appropriations Act, 1996 - Appropriates funds for FY 1996 for military construction, family housing, and base realignment and closure functions administered by the Department of Defense (DOD) in specified amounts for: (1) military construction for the Army, Navy, and Air Force; (2) military construction, DOD (including a transfer of funds); (3) military construction for the Army and Air National Guards; (4) military construction for the Army, Navy, and Air Force Reserves; (5) the North Atlantic Treaty Organization (NATO) Security Investment Program; (6) family housing for the Army, Navy, Marine Corps, and Air Force; (7) family housing, DOD; (8) the DOD Family Housing Improvement Fund (including a transfer of funds); (9) the Homeowners Assistance Fund, Defense; and (10) the Base Realignment and Closure Accounts, Parts II through IV. (Sec. 101) Prohibits the expenditure of funds appropriated by this Act for payments under a cost-plus-a-fixed-fee contract for work to be performed within the United States, except Alaska, where cost estimates exceed $25,000, without the approval of the Secretary of Defense, except for contracts for environmental restoration at an installation that is being closed or realigned where payments are made from a Base Realignment and Closure Account. (Sec. 113) Directs the Secretary of Defense to notify specified congressional committees 30 days in advance of the plans and scope of any proposed military exercise involving U.S. personnel if construction amounts for such exercise are expected to exceed $100,000. (Sec. 118) Provides for the transfer of lapsed unobligated military construction and family housing funds into the Foreign Currency Fluctuations, Construction, Defense account. (Sec. 119) Directs the Secretary to report to the congressional appropriations committees on actions proposed by DOD to encourage other member nations of NATO, Japan, Korea, and U.S. allies in the Arabian Gulf to assume a greater share of the common defense burden of such nations and the United States. (Sec. 120) Authorizes a specified transfer of funds from the DOD Base Closure Account. (Sec. 121) Requires entities receiving assistance under this Act to comply with the Buy American Act in expending such funds or in purchasing equipment or products. (Sec. 123) Authorizes the transfer of funds among specified accounts under the DOD homeowners assistance program to homeowners at or near closed military installations. (Sec. 125) Directs the Secretary of the Army to convey to: (1) the Lake County Forest Preserve District, Illinois, all rights and interest to a specified portion of real property at Fort Sheridan, Illinois; and (2) the Fort Sheridan Joint Planning Committee the remaining surplus property at the Fort.
United States · United States Congress · 13 June 1995
Family Medical Savings and Investment Act of 1995 - Amends the Internal Revenue Code to allow an individual covered under a catastrophic coverage health plan a tax deduction for contributions to a medical savings account. Defines an eligible individual as one who is covered under a catastrophic health plan at any time during such month and is not covered by any other health plan.
United States · United States Congress · 8 June 1995
Reclamation Recycling and Water Conservation Act of 1995 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of the following water reclamation and reuse projects: the North San Diego County Area Water Recycling Project, the Calleguas Municipal Water District Water Recycling Project, the Central Valley Water Recycling Project, the St. George Area Water Recycling Project, the Watonsville Area Water Recycling Project, the Las Vegas Area Water Recycling Project, the Albuquerque Metropolitan Area Water Reclamation and Reuse Study, and the Southern Nevada Water Recycling Project. Limits the federal share to 25 percent of the total design, planning, and construction costs. Authorizes the Secretary to participate in the design, planning, and construction of the Long Beach Desalination and Research Development Project in Los Angeles County, California, and the Las Vegas Area Shallow Aquifer Desalination Research and Development Project in Clark County, Nevada. Limits the federal share of design, planning, and construction costs to 50 percent. Prohibits the Secretary from providing operation and maintenance funds for any of such projects.
United States · United States Congress · 7 June 1995
Validates the conveyances of certain real properties from the Southern Pacific Transportation Company, or its subsidiaries, predecessors, successors, or assigns: (1) on or before January 1, 1995; and (2) made after January 1, 1995, to the Redevelopment Agency, Tulare, California, or the Redevelopment Agency, Reno, Nevada.
United States · United States Congress · 7 June 1995
Directs the Secretary of Labor, in implementing certain requirements of the Occupational Safety and Health Act, to change specified published regulations to require that employers develop and implement specific procedures for the use of respirators in atmospheres where oxygen deficiency or the concentrations of a hazardous chemical are unknown or potentially immediately dangerous to the life or health of the employees. Requires these procedures to include specified provisions.
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 · 7 June 1995
TABLE OF CONTENTS: Title I: Specific Coins Authorized Title II: General Provisions United States Commemorative Coins Act of 1995 - Title I: Specific Coins Authorized - Requires the Secretary of the Treasury to mint and issue ten-dollar gold coins to commemorate the bicentennial of United States gold coinage. (Sec. 102) Requires the Secretary to mint and issue five-dollar gold coins and one-dollar silver coins to commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman. Directs coin sale surcharge distribution to the Harry S. Truman Library Foundation and the U.N. Association. (Sec. 103) Requires the Secretary to mint and issue coins commemorating: (1) the sesquicentennial of the founding of the Smithsonian Institution; (2) the public opening of the Franklin Delano Roosevelt Memorial, Washington, D.C.; (3) the 125th anniversary of the establishment of the first U.S. National Park, Yellowstone National Park; and (4) the sacrifices of law enforcement officers and their families in preserving public safety, with surcharge proceeds paid to the National Law Enforcement Officers Memorial Fund, Inc. Title II: General Provisions - Mandates that the design for the coins be: (1) selected by the Secretary after consultation with recipient organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee.
United States · United States Congress · 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 · 6 June 1995
Amends rule XIII of the Rules of the House of Representatives to abolish the Consent Calendar and establish the Corrections Calendar. Authorizes the Speaker of the House, on the second and fourth Tuesdays of each month, to direct the Clerk to call the bills in numerical order which have been on the Correction Calendar for three legislative days. Sets forth procedures for consideration of such bills. Requires a three-fifths vote to pass any bill called from the Corrections Calendar. Prohibits the rejection of such bill or the sustaining of any point of order against it or its consideration from causing it to be removed from the Calendar to which it was originally referred.
United States · United States Congress · 25 May 1995
TABLE OF CONTENTS: Title I: Management of Grazing on Federal Land Subtitle A: General Provisions Subtitle B: Qualifications and Grazing Preferences Subtitle C: Grazing Management Subtitle D: Authorization of Grazing Use Subtitle E: Civil Violations and Failures of Compliance Subtitle F: Unauthorized Grazing Use Subtitle G: Procedure Subtitle H: Advisory Committees Subtitle I: Reports Title II: Grassland Livestock Grazing Act - Title I: Management of Grazing on Federal Land - Subtitle A: General Provisions - Sets forth findings, objectives, and definitions. States that land use plans shall manage livestock grazing under the principle of multiple use and sustained yield. Subtitle B: Qualifications and Grazing Preferences - Sets forth: (1) mandatory qualifications for grazing use on Federal land; (2) grazing preferences (base property and specifying grazing preference); and (3) allocations resulting from changes in Federal land acreage. Subtitle C: Grazing Management - Requires the creation of allotment management plans and sets forth required plan contents. (Sec. 122) Authorizes Secretary of the Interior-lessees range improvement cooperative agreements. (Sec. 123) States that no water rights shall be acquired or transferred in connection with livestock grazing management unless authorized by State law. Subtitle D: Authorization of Grazing Use - Requires grazing applications to be filed at local Bureau of Land Management offices. Specifies permit and lease terms and conditions. (Sec. 135) Sets forth livestock ownership and identification provisions. (Sec. 137) Establishes a grazing fee based upon the gross value of livestock production. Subtitle E: Civil Violations and Failures of Compliance - Sets forth civil sanctions for specified acts of noncompliance. Subtitle F: Unauthorized Grazing Use - Specifies damages for unauthorized grazing use, including livestock impoundment and sale. Subtitle G: Procedure - Sets forth specified grazing permit or lease procedures. Subtitle H: Advisory Committees - Directs the Secretary to establish: (1) grazing use advisory committees; and (2) resource advisory councils and grazing advisory councils for each grazing district. Subtitle I: Reports - Directs the Secretary to report annually to the Congress regarding grazing revenues, costs, and rangeland management. Title II: Grassland - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to remove National Grasslands and land utilization projects from National Forest System management. Amends the Bankhead-Jones Farm Tenant Act to provide for a program of land conservation and utilization to accomplish livestock grazing purposes.
United States · United States Congress · 25 May 1995
Amends the Fair Debt Collection Practices Act to make it a violation of such Act for the debt collector to fail to disclose the attempt to collect a debt in the first written communication with a consumer (currently, in all communications made to collect a debt). Requires that the consumer notify the debt collector in writing of any dispute within thirty days of receiving a debt notice or the debt will automatically be considered valid. Allows the debt collector to: (1) demand payment of a debt, and attempt to collect it, within the thirty days after giving the consumer notice; and (2) obtain information concerning location, income, asset, or credit of the consumer from any person besides the consumer's lawyer if the lawyer refuses to provide such information. Declares that such Act provides no remedy, liability, or penalty for violations of State law. Excuses a debt collector from liability for violations of such Act resulting from the use of a form of written communication approved by any State or Federal agency. Requires a court, in determining whether a debt collector has failed to comply with such Act, to consider the effect of any act or omission of the debt collector upon a reasonable person.
United States · United States Congress · 23 May 1995
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
United States · United States Congress · 12 May 1995
TABLE OF CONTENTS: Title I: Cancellation and Suspension Title II: Minor Use Crop Protection Act of 1995 Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellations, changes in classifications, or other terms of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Denies registration applications that are not in compliance with this Act. Title II: Minor Use Crop Protection Act of 1995 - Minor Use Crop Protection Act of 1995 - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is less than 300,000 acres; or (2) the Administrator determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, the alternatives pose greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or the alternatives pose greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures - Directs the Secretary of Agriculture, in consultation with the Administrator and the Secretary of Health and Human Services, to coordinate the development and implementation of survey procedures to ensure collection of adequate data on food consumption patterns of infants and children. Requires residue surveillance activities of the Department of Agriculture to provide for the improved surveillance of pesticide residues, including increased sampling of foods most likely consumed by infants and children. Directs the Secretary of Agriculture to: (1) collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 11 May 1995
National Senior Citizens Pet Ownership Protection Act - Amends the Housing and Urban-Rural Recovery Act of 1983 to prohibit owners and managers of federally assisted rental housing from preventing elderly and disabled tenants from owning or having household pets.
United States · United States Congress · 9 May 1995
TABLE OF CONTENTS: Title I: Findings and Purposes; Definitions Title II: Disposition of Locatable Mineral Deposits Title III: Surface Management of Mineral Activities Title IV: Royalty Title V: Abandoned Locatable Minerals Mine Reclamation Program Title VI: Administrative Provisions Mining Law Reform Act of 1995 - Title I: Findings and Purpose; Definitions - Declares that it is the purpose of this Act to: (1) promote mineral exploration and development; (2) ensure land reclamation; and (3) avoid claims of takings of property rights that could require compensation under the Fifth Amendment to the Constitution. Title II: Disposition of Locatable Mineral Deposits - Mandates: (1) an annual $100 maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor; and (2) an initial maintenance fee of $100 for the assessment year which includes the date of location of such mining claim or site. (Sec. 201) Sets forth claim maintenance and assessment work requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Credits the annual claim maintenance fee payments for unpatented mining claim or site against the requisite royalties. Prescribes procedural guidelines for fee adjustments and disposition. Exempts from application of this section any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Repeals the fee requirements of the Omnibus Budget Reconciliation Act of 1993. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. (Sec. 202) Permits waiver of the maintenance fee upon written certification that the owner and all related persons own not more than 25 unpatented mining claims or sites. (Sec. 203) Prohibits the Secretary of the Interior from denying residential occupancy, or requiring removal of equipment or facilities, if a notice of intent or plan of operations shows such occupancy to be reasonably required. Sets forth procedural guidelines for reversion to the Secretary of a patented estate that is used for unauthorized purposes. Amends the Department of the Interior and Related Agencies Appropriations Act, 1995 to repeal its proscription against the obligation of appropriated funds to process patents for mining or mill site claims. Title III: Surface Management of Mineral Activities - Declares that compliance with this title constitutes compliance with specified provisions of the FLPMA and any National Forest System surface management resource standard contained in specified Acts and any other law applicable to Federal lands subject to this title within the National Forest System. States that this Act is applicable only to mineral activities on those Federal lands where the surface estate is managed by the Bureau of Land Management or the U.S. Forest Service. Cites the Federal environmental protection statutes applicable to mining operations under this Act. (Sec. 302) Prescribes procedural guidelines for: (1) authorization of mineral activities and plans of operations requirements (including a reclamation plan that complies with State requirements, and evidence of financial assurance); (2) cooperative agreements for joint administration between the Secretary and the requesting State; and (3) enforcement and administrative and judicial review. Title IV: Royalty - Imposes a royalty of three percent of the net proceeds upon the production and sale of locatable minerals from any unpatented mining claim (and from certain patented claims). Waives the royalty for: (1) any mine with an annual gross yield of less than $500,000; and (2) minerals processed at a facility by the same person which extracted the minerals if a certain urban development action grant has been made. Prescribes royalty payment guidelines. Title V: Abandoned Locatable Minerals Mine Reclamation Program - Requires any State which wishes to receive certain royalty proceeds to establish an interest-bearing abandoned locatable mineral mine reclamation fund. (Sec. 501) Establishes the Abandoned Locatable Minerals Mine Reclamation Fund to consist of certain allocated royalty receipts in a State where a State Fund has not been established. (Sec. 503) Identifies: (1) Federal lands and water eligible for reclamation under this Act; and (2) reclamation uses and objectives for moneys in a State Fund. (Sec. 505) Requires each State with a State Fund to furnish an annual accounting report to the Congress. Title VI: Administrative Provisions - Declares that this Act supersedes the general mining laws only to the extent that they conflict with the requirements of this Act. Sets forth the effect of this Act upon other Federal and State laws.
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 · 3 May 1995
False Identification Act of 1995 - Amends the Federal criminal code to reduce the minimum number of documents to three (currently, five) for certain offenses involving fraud and related activity in connection with identification documents. Sets criminal penalties for knowingly sending through the mails or producing, with the intention or knowledge that it will be deposited for mailing, any unverified identification document that bears a birth date showing the individual named in the document to be 21 years of age or older, when in fact that individual has not attained age 21.
United States · United States Congress · 2 May 1995
Family Viewing Cable Television Act of 1995 - Amends the Federal criminal code to impose a fine and up to two years' imprisonment on any person who knowingly disseminates any indecent material on any channel provided to all subscribers as part of a basic cable television package.
United States · United States Congress · 1 May 1995
Amends the National Forest Ski Area Permit Act of 1986 to establish a National Forest System ski area permit fee formula. Withdraws ski areas from the operation of mining and mineral leasing laws.
United States · United States Congress · 7 April 1995
Propane Education and Research Act of 1995 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not to exceed the average annual salary of Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.
United States · United States Congress · 7 April 1995
Consumer Fraud Prevention Act of 1995 - Amends the Federal criminal code to subject to civil forfeiture any property constituting, derived from, or traceable to any proceeds obtained as a result of telemarketing fraud. Directs that any such property or proceeds be used to the extent needed, as determined by the Attorney General, for the national telemarketing fraud information hotline (established under the Violent Crime Control and Law Enforcement Act of 1994) and other enforcement of telemarketing fraud provisions. Directs the court, in sentencing for telemarketing fraud, to order that the offender forfeit to the United States any property constituting or derived from proceeds obtained as a result of the offense. Specifies that the payment of an amount due pursuant to mandatory restitution for telemarketing fraud shall have priority over the payment of fines or the forfeiture of property under criminal forfeiture provisions. Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase by two levels: (1) the vulnerable victim adjustment; and (2) the level for any fraud offense if the defendant conducted activities to further the fraud from a foreign country in order to impede prosecution. Requires any presentence report required under the Federal Rules of Criminal Procedure to include information about the age of each victim of each fraud offense for which a defendant is convicted.
United States · United States Congress · 7 April 1995
Citizens' Protection From Violent Crime Act of 1995 - Amends the Federal criminal code to set mandatory prison terms for possessing, brandishing, or discharging a firearm or destructive device during a Federal or State crime that is a serious violent felony or serious drug offense, with exceptions involving defense of person or property during the course of a crime committed by another person. Sets forth penalties for second or subsequent convictions. Bars the court from imposing probation or a concurrent term of imprisonment for offenses under this Act. Prohibits releasing any such individual for any reason during a term of imprisonment imposed under this Act. Requires the court to sentence a person convicted of transporting, receiving, or possessing a firearm or ammunition in interstate commerce to not less than five years in prison if the person has a prior conviction for a serious violent felony and not less than ten years in prison if the person has two such prior convictions. Makes certain serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Includes within the definition of "crime of violence" specified offenses relating to the possession of explosives and firearms by convicted felons. Directs the Attorney General to establish an armed violent criminal apprehension program. Declares that a person not prohibited by Federal law from receiving a firearm shall have the right to use firearms within a home in defense of self or other persons against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury. Authorizes a person whose right is violated to bring an action in U.S. district court against a person or government. Sets forth provisions regarding attorney's fees and the statute of limitations. Repeals the ban on semiautomatic firearms and on large capacity ammunition feeding devices under the Violent Crime Control and Law Enforcement Act of 1994.
United States · United States Congress · 7 April 1995
Fair Indian Gaming Act - Amends the Indian Gaming Regulatory Act (Act) to shift the burden of proof from a State to an Indian tribe in a compact negotiation-related action initiated by a tribe. (Sec. 3) Includes, under provisions for determining whether gaming activities on newly acquired Indian lands are to be allowed, consideration of communities across State borders that would be seriously affected, as well as consultation with officials of such communities. Transfers primary authority to make such determinations from the Secretary of the Interior to the Governor and the State legislature. Authorizes gaming for newly acknowledged or restored tribes under specified circumstances. (Sec. 4) Requires an individual's physical presence in order to participate in class II or class III gaming on Indian lands. (Sec. 5) Sets forth class II and class III gaming restrictions. (Sec. 6) Excludes video bingo from the definition of class II gaming. Includes video bingo and any other forms of electronic video games or devices within the definition of class III gaming. (Sec. 7) Establishes a two-year moratorium on new class III gaming. (Sec. 8) Specifies that in a State whose constitution specifically authorizes class II or class III gaming such gambling on Indian lands shall be subject to the same laws, terms, and conditions as the State's gambling. (Sec. 9) Increases the membership of the National Indian Gaming Commission. (Sec. 10) Subjects Indian gaming establishments to specified reporting and bookkeeping requirements. (Sec. 11) Directs the Attorney General to conduct related background investigations. (Sec. 12) Amends Federal criminal law to extend current State authority in specified States to gaming violations on Indian lands. (Sec. 13) Amends the Act to prohibit the use of appropriated funds for the Commission. Increases gaming fee limits for Commission funding.
United States · United States Congress · 4 April 1995
Clinical Laboratory Improvement Act Amendments of 1995 - Exempts a physician clinical office laboratory from Public Health Service Act certification requirements, except when such laboratory performs a Pap Smear (Papanicolaous Smear) analysis.
United States · United States Congress · 23 March 1995
Honors the memory of the victims of the Armenian genocide. Calls for the United States to encourage the Republic of Turkey to acknowledge and commemorate the atrocity committed against the Armenian population of the Ottoman Empire from 1915 to 1923.
United States · United States Congress · 15 March 1995
Sexual Crimes Against Children Prevention Act of 1995 - Directs the United States Sentencing Commission to amend the sentencing guidelines to increase the base offense level by: (1) at least two levels for offenses involving the creation of, or trafficking in, child pornography; (2) at least two levels if a computer was used to traffic in, or advertise, child pornography; and (3) at least three levels for an offense involving the interstate transportation of children with intent to engage in criminal sexual activity. Makes specified offenses relating to obscenity and to obscene matter predicate offenses for a violation of the Racketeer Influenced and Corrupt Organizations Act.
United States · United States Congress · 8 March 1995
Nullifies any executive order or other rule or order that prohibits Federal contracts with, requires the debarment of, or imposes other sanction on a contractor on the basis that such contractor or an organizational unit thereof has permanently replaced lawfully striking workers.
United States · United States Congress · 2 March 1995
Provides that, in the administration of the child labor provisions of the Fair Labor Standards Act of 1938, minors under age 18 shall be permitted to load materials into balers or compactors that meet specified safety standards of the American National Standards Institute.
United States · United States Congress · 1 March 1995
Directs the Secretary of the military department concerned to pay an annuity to the qualified surviving spouse of any member of the armed forces who: (1) died before March 21, 1974, and was entitled to retired or retainer pay on the date of death; or (2) was a member of the reserves, died during the period beginning on September 21, 1972, and ending on October 1, 1978, and at the time of death would have been entitled to retired or retainer pay but for the fact that the member was under 60 years of age. Defines a qualified surviving spouse as one who has not remarried and who is not eligible for an annuity under the Survivor Benefit Plan. Provides the annuity amount and reduces such amount by the amount of any dependency and indemnity compensation to which the survivor is entitled.
United States · United States Congress · 28 February 1995
Travel and Tourism Relief Act of 1995 - Amends the Internal Revenue Code to provide that qualified travel agents shall not be treated as employees for purposes of employment taxes. Increases the deduction for business meals and entertainment from 50 percent to 80 percent of allowable expenses. Repeals the scheduled increase in the rate of tax on fuel used in commercial aviation. Allows an itemized deduction for expenses incurred in promoting tourism to the United States by non-U.S. residents. Allows a tax deduction for the attendance at conventions on foreign-flagged cruise ships.
United States · United States Congress · 23 February 1995
Ricky Ray Hemophilia Relief Fund Act of 1995 - Establishes in the U.S. Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. Specifies that any individual who submits to the Attorney General written medical documentation that the individual has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual: (1) has a blood-clotting disorder and was treated with blood-clotting agents between January 1, 1980, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that a claim for payment be filed with the Attorney General by or on behalf of such individual and that the Attorney General determine that the claim meets the requirements of this Act. Specifies that a claim under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. Prohibits the Attorney General from paying claims filed under this Act unless filed within three years after this Act's enactment.
United States · United States Congress · 15 February 1995
Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility which provides water or sewage disposal services that: (1) is a contribution in aid of construction; (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as service charges for starting or stopping services. Determines the depreciation deduction for such property by using the straight line method and provides for a 25-year recovery period.
United States · United States Congress · 15 February 1995
Missing Service Personnel Act of 1995 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Directs the Secretary concerned: (1) if information becomes available on the whereabouts or status of a missing person within three years after the first official notice of the person's disappearance, to appoint a board to conduct an inquiry into such information; and (2) to appoint a board to conduct an inquiry as to the status of any missing person on or about three years after the first official notice of the disappearance of such person and not later than every three years thereafter until a total of 12 years after the first official notice. Allows certain interested persons to request the Secretary to appoint a board to review the status of a person declared dead before five years after the enactment of this Act. Limits the review subjects to those whose deaths were declared to have occurred on or after December 7, 1941. Provides for the conditions under which an appointed board may recommend that a person be declared dead. Requires the Secretary concerned to ensure that the personnel file of each person covered contains all information in possession of the Government relating to the disappearance and whereabouts or status of such person. Provides for judicial review of a person's declared status under this Act. Requires a person in a missing status or previously declared dead who is subsequently found alive to be paid for the full time of their absence. Requires the Secretary concerned, upon the enlistment of a person in an armed force, to require such person to specify in writing the individual(s) to whom information on their whereabouts or status shall be provided in the event of an investigation under this Act. Allows for revision of such choice by the enlisting individual.
United States · United States Congress · 14 February 1995
TABLE OF CONTENTS: Title I: Seeking Sanctions Against the Castro Government Title II: Assistance to a Free and Independent Cuba Title III: Protection of American Property Rights Abroad Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Title I: Seeking Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; and (2) efforts by any state to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to and relations with such state. (Sec. 102) Reaffirms a provision of the Cuban Democracy Act of 1992 that states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Declares that the President should instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. (Sec. 103) Prohibits any U.S. person from extending any loan or other financing to a foreign person that traffics in property confiscated by the Cuban Government the claim to which is owned by a U.S. person. Terminates such prohibition upon termination of the economic embargo of Cuba. (Sec. 104) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to oppose the admission of Cuba as a member of such institutions until Cuba holds free and fair democratic elections. Requires the President to support Cuba's membership in such institutions during the period that a transition government is in power, subject to the membership taking effect after a democratically-elected government is in power. Reduces U.S. payments to institutions that approve assistance to Cuba over the opposition of the United States. (Sec. 105) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Withholds from assistance allocated for an independent state an amount equal to the assistance and credits provided by such state in support of military and intelligence facilities in Cuba. (Sec. 106) Requires the Director of the U.S. Information Agency to implement a conversion of television broadcasting to Cuba under the Television Marti Service to ultra high frequency broadcasting. (Sec. 107) Directs the President to report annually to the appropriate congressional committees on assistance and commerce received by Cuba from other foreign countries. (Sec. 108) Prohibits the importation into U.S. customs territory of any sugars, syrups, and molasses that are the product of a country that has imported Cuban sugar, syrups, or molasses. Makes such prohibition inapplicable if such country certifies to the President that it will not import Cuban sugar, syrups, or molasses until free and fair elections are held in Cuba. Authorizes the President to reallocate to other countries the quota of sugars, syrups, and molasses allocated to such a country during the period in which a prohibition is in effect. Title II: Assistance to a Free and Independent Cuba - Requires the President to develop a plan for providing economic assistance to Cuba at such time that a transition or a democratically-elected government is in power. Limits assistance for a transition government to humanitarian assistance, specified assistance comparable to that provided under the Foreign Assistance Act of 1961 for the economic and democratic development of the independent states of the former Soviet Union, and military adjustment assistance. Expands assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratically-elected government is in power. (Sec. 202) Requires the President to take steps to: (1) obtain the agreement of other countries, international financial institutions, and multilateral organizations to provide comparable assistance to Cuba; and (2) encourage the Organization of American States (OAS) to create a special emergency fund for deploying human rights observers and election support and observation in Cuba. Withholds up to $5 million of U.S. arrearages to the OAS until the OAS agrees to make available an equivalent amount for the special fund. Directs the President to determine whether to designate Cuba as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act. Permits such designation only after a democratically-elected government is in power. Amends such Act to make Cuba eligible for such designation. Requires the President, upon transmittal to the Congress of a determination that a democratically-elected government is in power, to: (1) enter into a preliminary agreement with Cuba providing for extension of the North American Free Trade Agreement or to seek the creation of an economic community with Cuba; and (2) designate a United States-Cuba Council to ensure coordination between the U.S. Government and private sector in responding to change and promoting market-based development in Cuba and to establish periodic meetings between the U.S. and Cuban private sectors for facilitating bilateral trade. (Sec. 204) Authorizes appropriations. (Sec. 205) Terminates the U.S. economic embargo against Cuba upon the President's transmittal to the Congress of a determination that a democratically-elected government is in power in Cuba. (Sec. 206) Sets forth conditions under which a government in Cuba will be considered transitional or democratic. Title III: Protection of American Property Rights Abroad - Amends the Immigration and Nationality Act to exclude from the United States aliens involved in the confiscation of property owned by U.S. persons. (Sec. 302) Sets forth provisions regarding liability for damages owed to U.S. persons by persons or governments trafficking in confiscated property. Grants U.S. district courts exclusive jurisdiction over such actions. (Sec. 303) Amends the International Claims Settlement Act of 1949 to authorize a U.S. national to bring a claim resulting from expropriation actions of the Cuban Government to the Foreign Claims Settlement Commission for certification of the amount and validity whether or not the U.S. national qualified as a U.S. national at the time of the action. Requires claimants to be U.S. nationals at the time of confiscation in the case of property confiscated after the date of enactment of this section.
United States · United States Congress · 14 February 1995
Amends the Colorado River Basin Salinity Control Act to direct the Secretary of the Interior to implement a basinwide salinity control program. Authorizes the Secretary to carry out such program directly or through contracts, memorandums of agreement, grants, commitments for grants, or advances of funds to non-Federal entities. Specifies that such program shall: (1) consist of cost-effective measures and associated works to reduce salinity from saline springs, leaking wells, irrigation sources, industrial sources, erosion of public and private land, or other appropriate sources; and (2) provide for the mitigation of incidental fish and wildlife values that are lost as a result of such measures. Directs the Secretary to submit planning reports concerning the program to the appropriate congressional committees. Prohibits the Secretary from expending funds for any such implementation program before the expiration of 30 days after the Secretary submits such report. Authorizes appropriations.
United States · United States Congress · 13 February 1995
Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 9 February 1995
Department of Veterans Affairs Mammography Quality Standards Act - Prohibits a mammogram from being performed at a Department of Veterans Affairs facility unless the facility is accredited for such purpose by a private nonprofit organization designated by the Secretary of Veterans Affairs. Requires any such organization to meet the standards for accrediting bodies established under the Public Health Service Act (the Act). Directs the Secretary to prescribe quality assurance and control standards relating to performance and interpretation of mammograms and the use of Department mammogram equipment and facilities consistent with requirements of the Act. Requires the Secretary to provide for an annual inspection of Department mammogram equipment and facilities. Requires any Department mammograms contracted to a non-Department facility or provider to conform to the standards of the Act. Provides for: (1) a deadline for the prescribing of standards; (2) transition provisions covering mammograms performed prior to the enactment of this Act; and (3) an implementation report from the Secretary to specified congressional committees.
United States · United States Congress · 2 February 1995
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to deny SSI benefits for a disability if alcoholism or drug addiction would be a contributing factor material to the determination that the individual is disabled.
United States · United States Congress · 1 February 1995
Amends the Internal Revenue Code to allow an individual income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $1,500 annually (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Permits an exclusion from the gross income of the contributor or the beneficiary of account distributions used to pay educational expenses of the latter. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization), unless a contributor or the beneficiary engages in specified prohibited transactions. Imposes a ten percent surtax on distributions not used for educational purposes. Requires the account trustee to report to the Secretary of the Treasury and to the account's beneficiary concerning the account. Imposes a penalty for failure to report. Allows taxpayers who do not otherwise itemize deductions to deduct for contributions to an education savings account. Imposes penalty taxes in connection with excess contributions or prohibited transactions associated with an account. Exempts from annual contribution limitations distributions from education savings accounts into individual retirement accounts. Excludes from gross income distributions from individual retirement accounts into education savings accounts.
United States · United States Congress · 1 February 1995
Fairness in Musical Licensing Act of 1995 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Provides that a performance or display in a commercial establishment shall not be considered infringement if incidental to the main purpose of the establishment. Specifies that, if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. Sets forth provisions regarding prices of such licenses. Requires, beginning January 1, 1998, the performance of nondramatic musical works by broadcasters under any per programming period license to be determined on the basis of statistically reliable sampling or monitoring by the society and prohibits the society from requiring the broadcaster to report such performance to the society. Authorizes such broadcasters to bring actions to require compliance with such requirements. Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire, copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space. Provides that the transmission of religious services or the recording of copies or phonorecords of a transmission program embodying such services shall not be a copyright infringement.
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