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 · 13 June 1995
Amends the Internal Revenue Code to add use in diesel-powered boats to the list of nontaxable uses for diesel fuel, effective on the enactment of this Act. Prohibits imposing a penalty on a person who sells or holds for sale dyed fuel for use in, or uses dyed fuel in, any diesel-powered boat and pays the tax imposed on such sale or use, effective on the date of the enactment of the Omnibus Budget Reconciliation Act of 1993.
United States · United States Congress · 7 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation for raising an endowment to support construction of the Memorial.
United States · United States Congress · 7 June 1995
TABLE OF CONTENTS: Title I: Specific Coins Authorized Title II: General Provisions United States Commemorative Coins Act of 1995 - Title I: Specific Coins Authorized - Requires the Secretary of the Treasury to mint and issue ten-dollar gold coins to commemorate the bicentennial of United States gold coinage. (Sec. 102) Requires the Secretary to mint and issue five-dollar gold coins and one-dollar silver coins to commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman. Directs coin sale surcharge distribution to the Harry S. Truman Library Foundation and the U.N. Association. (Sec. 103) Requires the Secretary to mint and issue coins commemorating: (1) the sesquicentennial of the founding of the Smithsonian Institution; (2) the public opening of the Franklin Delano Roosevelt Memorial, Washington, D.C.; (3) the 125th anniversary of the establishment of the first U.S. National Park, Yellowstone National Park; and (4) the sacrifices of law enforcement officers and their families in preserving public safety, with surcharge proceeds paid to the National Law Enforcement Officers Memorial Fund, Inc. Title II: General Provisions - Mandates that the design for the coins be: (1) selected by the Secretary after consultation with recipient organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee.
United States · United States Congress · 23 May 1995
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
United States · United States Congress · 17 May 1995
Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a certified historic structure which has been substantially rehabilitated and which is owned by the taxpayer and used as his or her principal residence. Allows the credit for such expenditures to be taken by a purchaser of the rehabilitated home. Permits, in lieu of the credit, a historic rehabilitation mortgage credit certificate, which shall be transferred to a lender in exchange for a reduction in the rate of interest on the loan secured by the building.
United States · United States Congress · 16 May 1995
Civilian Marksmanship Program Privatization Act - Provides that, on and after October 1, 1995, the Civilian Marksmanship Program of the Department of the Army shall be operated as a nonappropriated fund instrumentality within the Department of Defense. Requires the Program to be under the general supervision of a National Board for the Promotion of Rifle Practice and Firearms Safety, which shall replace the current National Board for the Promotion of Rifle Practice. Limits Program expenditures for any fiscal year to $5 million. Authorizes the Secretary of the Army to reserve for the Program all remaining M-1 Garand rifles and ammunition. Requires participants in Program activities to sign an affidavit that they: (1) have never been convicted of a firearms violation under Federal or State law; and (2) are not members of any organization which advocates the violent overthrow of the U.S. Government. Authorizes the commander of a major command of the armed forces (currently, either the President or the Secretary of the Army) to detail certain military officers and enlisted personnel to duty as instructors at rifle ranges for training civilians in the safe use of military arms. Authorizes the payment of travel and per diem costs for such personnel.
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 · 9 May 1995
Expresses the sense of the Congress that economically targeted investments violate specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA) relating to a fiduciary's responsibility to serve the interests of employee benefit plan participants and beneficiaries exclusively. Requires that the application of such ERISA provisions to employee benefit plan asset investments be determined without regard to a specified Department of Labor (DOL) interpretive bulletin or any other similar directive regarding economically targeted investments. Prohibits DOL officers or employees from traveling, lecturing, or otherwise expending DOL resources to promote, directly or indirectly, economically targeted investments. Amends ERISA to prohibit Federal agencies or instrumentalities from establishing or maintaining any clearinghouse or other database relating to economically targeted investments for employee benefit plans. Directs Federal agencies and instrumentalities to immediately terminate contracts or other arrangements which violate this Act.
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 · 7 April 1995
Oil Recycling Incentives Act - Requires producers or importers of lubricating oil to recycle for a period of ten years an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator of the Environmental Protection Agency. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Requires producers and importers to report annually to the Administrator on the amount of oil produced or imported by such persons. Requires a producer or importer to be treated as having recycled two units of used oil for each unit of re-refined oil or lubricant base stock purchased. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually for ten years. Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) specified records to be kept by recyclers and by importers or producers; and (2) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, industrial specification used oil, or re-refined oil. Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations.
United States · United States Congress · 7 April 1995
Newsprint Recycling Incentives Act - Amends the Solid Waste Disposal Act to require producers or importers of newsprint to recycle an amount of newsprint equal to the amount determined by multiplying the amount of newsprint produced or imported annually by the recycling percentage established by the Administrator of the Environmental Protection Agency (EPA). Authorizes compliance with this Act by: (1) recycling (through deinking) newsprint; (2) purchasing recycled newsprint to combine with shipments of virgin newsprint; or (3) purchasing recycling credits under this Act. Requires the recycling percentage to be at least 20 percent. Provides for increases in such percentage of two points annually for the next ten years. Requires the Administrator to promulgate regulations to allow newsprint producers or importers to create or purchase recycling credits. Applies recycling requirements to persons who produce or import more than ten tons of newsprint annually. Sets the recycling percentage at 20 percent if the Administrator fails to promulgate such regulations. Prescribes civil penalties for violations of this Act. Directs the Administrator to submit to the Congress and implement a plan for the recycling of post-consumer high grade paper. Authorizes appropriations.
United States · United States Congress · 7 April 1995
Tire Recycling Incentives Act - Amends the Solid Waste Disposal Act to require tire producers or importers to recycle an amount of scrap tires equal to at least the amount determined by multiplying the amount of tires produced or imported that year by the recycling percentage established by the Administrator of the Environmental Protection Agency. Authorizes compliance by: (1) recycling scrap tires through reintroducing the recovered rubber into a manufacturing process to produce new tires or retread old tire casings; or (2) purchasing recycling credits. Directs the Administrator to establish a recycling percentage and provides for annual increases in such percentage. Requires the Administrator to allow recyclers to create credits for tire recycling and tire producers or importers to purchase such credits. Directs the Attorney General to report to the Congress on the effects of the credit system on competition within the tire and scrap tire recycling industries. Considers a scrap tire recycling or disposal facility to be a solid waste disposal facility for purposes of Internal Revenue Code provisions concerning exempt facility bonds. Directs the Administrator to: (1) publish minimum requirements for State scrap tire management and procedures to be incorporated into State solid waste management plans; (2) provide for expedited review of State plans which include scrap tire recycling measures; and (3) establish standards to minimize health and environmental damages from the improper disposal and storage of tires. Directs the Administrator to publish guidelines for States for the issuance of permits to scrap tire collection facilities and for facility emergency plans. Requires all regulated facilities to have appropriate financial responsibility or insurance. Exempts specified persons from permitting requirements. Requires the Secretary of the Interior to implement a plan to remediate tire piles. Directs the Administrator to develop a guideline for Federal procurement of items that make use of scrap or used tires. Directs the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, to publish standards for Federal departments to determine the life-cycle costs and benefits of items that make use of rubber from scrap or used tires. Authorizes appropriations.
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
Subjects veterans' benefits claim decisions made by the Secretary of Veterans Affairs or the Board of Veterans' Appeals to revision on the grounds of clear and unmistakable error. Requires reversal or revision of such decision, by the same party making the original decision, if evidence establishes such error. Allows review requests for determining the existence of such error to be instituted by the Secretary, the Board, or the claimant.
United States · United States Congress · 7 April 1995
Lead Battery Recycling Incentives Act - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to promulgate regulations for persons who generate, transport, store, recycle, or dispose of spent lead-acid batteries. Sets forth required elements of such regulations, including specific requirements for battery storage and transfers and recordkeeping and management practices. Directs battery retailers to accept from customers spent lead-acid batteries of the same type and quantity as the batteries sold. Requires the Administrator to implement education activities to inform the public about the environmental and safety hazards associated with improper handling and disposal of spent lead-acid batteries. Authorizes appropriations. Applies such requirements to batteries which are transported to or managed by a lead-acid battery recycling facility, a secondary lead smelter, or any facility that prepares batteries for recycling. Requires producers or importers of lead-acid batteries to recycle, for the ten-year period beginning 24 months after this Act's enactment, an amount of spent lead equal to at least the amount determined by multiplying the amount of lead in the batteries produced or imported by such persons by the recycling percentage established by the Administrator. Authorizes compliance with such requirement by: (1) reclaiming lead and using it in the production of new batteries; (2) purchasing reclaimed lead from secondary lead smelters to produce new batteries or shielding; or (3) purchasing recycling credits. Sets the recycling percentage at 80 percent. Increases such percentage by two points annually. Authorizes the Administrator to reduce or waive the two percent increase if the rate exceeds 95 percent. Directs the Administrator to allow: (1) producers of lead-acid batteries to create credits for recycling an amount of batteries greater than required; and (2) producers of new batteries to purchase such credits for purposes of complying with this Act. Applies battery recycling requirements to persons who produce or import more than 10,000 pounds of new lead-acid batteries annually. Sets the recycling percentage at 90 percent if the Administrator fails to promulgate recycling regulations.
United States · United States Congress · 7 April 1995
Expresses the sense of the Congress that: (1) Taiwan deserves full participation, including a seat, in the United Nations (UN) and its related agencies; and (2) the U.S. Government should immediately encourage the UN to take action by considering the unique situation of Taiwan in the international community and adopting a comprehensive solution to accommodate Taiwan in the UN and its related agencies.
United States · United States Congress · 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 · 29 March 1995
Minor Use Crop Protection Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (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 fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency 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 12 months of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Directs the Administrator to assure coordination of minor use issues through the establishment of a minor use program. Establishes and authorizes funding for a Department of Agriculture minor use matching fund program. Requires the program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations.
United States · United States Congress · 29 March 1995
TABLE OF CONTENTS: Title I: Establishment and Organization of Authority Title II: Responsibilities of Authority Subtitle A: Establishment and Enforcement of Financial Plan and Budget for District Government Subtitle B: Issuance of Bonds Subtitle C: Other Duties of Authority Title III: Miscellaneous Provisions District of Columbia Financial Responsibility and Management Assistance Act of 1995 - Title I: Establishment and Organization of Authority - Establishes the District of Columbia Financial Responsibility and Management Assistance Authority as an entity within the District of Columbia government. (Sec. 102) Authorizes Federal employees who become employed by the Authority within two months of separation from Federal service to have their Authority service treated as comparable to Federal service with respect to the Federal retirement system. Makes employees who elect the Federal system ineligible to participate in the District government retirement system. (Sec. 103) Authorizes the Authority, notwithstanding the Freedom of Information Act and the Government in the Sunshine Act, to secure information necessary to carry out this Act from Federal agencies. Permits the Authority to seek judicial enforcement of its authority to carry out its responsibilities under this Act. Makes District employees who violate Authority orders or present or certify false or misleading information guilty of a misdemeanor as well as subject to administrative discipline. (Sec. 104) Exempts the Authority from liability for obligations of or claims against the District resulting from actions taken to carry out this Act. (Sec. 105) Requires actions against the Authority to be brought in the U.S. District Court for the District. Provides for expedited consideration of such actions in the courts involved. (Sec. 106) Requires the Authority to submit a proposed budget for each fiscal year to the President for inclusion in the annual budget for the District. Prohibits any amount from being obligated or expended by the Authority unless such amount has been approved by an Act of the Congress. Directs the Authority, as soon as practicable after the appointment of its members, to submit to the Mayor of the District and the President a request for reprogramming of funds previously appropriated for the District for auditing and consulting services and a description of anticipated Authority expenditures for FY 1995. Requires the Mayor to transfer such funds to the Authority for its activities. (Sec. 107) Suspends the Authority's activities upon the expiration of the 12-month period beginning on the date the Authority certifies that all obligations arising from the issuance by the Authority of bonds, notes, or other obligations have been discharged and all borrowings for short-term advances from the Treasury have been repaid. Reactivates the Authority upon initiation of a control period (as described by section 209) by the Appropriations Committees. (Sec. 108) Applies provisions of specified laws regarding open meetings, freedom of information, and conflict of interest to the Authority. Prohibits the District Mayor and the Council from exercising any control, oversight, or review over the Authority. Amends the District of Columbia Self-Government and Governmental Reorganization Act to bar the Council from enacting any act, resolution, or rule with respect to the Authority. Title II: Responsibilities of Authority - Subtitle A: Establishment and Enforcement of Financial Plan and Budget for District Government - Directs the Mayor, for each fiscal year for which the District government is in a control period, to submit a financial plan and budget for the District to the Authority. Lists requirements for the financial plan and budget, including that they be submitted for the applicable fiscal year and next three fiscal years and that they meet standards to promote the financial stability of the District government. Describes such standards as follows: (1) in the case of the financial plan and budget for FY 1996, the District's expenditures for each fiscal year (beginning with FY 1999) may not exceed the District's revenues for such year; (2) during FY 1996 through 1998, the government shall make substantial progress towards equalizing its expenditures and revenues; (3) the government shall provide for the liquidation of the cumulative fund balance deficit; (4) if funds in government accounts dedicated for specific purposes have been withdrawn for other purposes, the government shall fully restore the funds to such accounts; and (5) the financial plan and budget shall assure the continuing long-term financial stability of the government. Repeals a provision of the District of Columbia Appropriations Act, 1995 that requires the District to place portions of Federal payments in escrow to enforce certain spending reductions. (Sec. 202) Sets forth the process for the submission and approval of the financial plan and budget. Provides for review of the financial plan and budget by the Authority. Authorizes the Mayor to submit proposed revisions to the financial plan and budget for a control year (a year in which a financial plan and budget approved by the Authority is in effect) to the Authority at any time during the year. Makes certain requirements under the District of Columbia Self-Government and Governmental Reorganization Act which bar the approval and submission of an unbalanced budget inapplicable in fiscal years which are control years. Permits the separation of employees in the implementation of a financial plan and budget approved under this Act. (Sec. 203) Requires the Council to submit each Act passed by the Council during a control year, together with an estimate of costs to be incurred by the District during the first four years in which the Act is effective, to the Authority. Directs the Authority to review the Act to determine consistency with the approved financial plan and budget and, if consistent, provides for submission of the Act to the Congress for review. Sets forth review and approval procedures with respect to contracts and leases. Directs the Mayor to submit any requests for the reprogramming of amounts provided in an adopted budget for a control year to the Authority for analysis of effects on the financial plan and budget. Prohibits the Council from carrying out such reprogramming until the Authority has provided such analysis. (Sec. 204) Bars the District from borrowing money during a control year unless the Authority provides prior certification that the borrowing and the repayment of obligations are consistent with the financial plan and budget. Applies this section to any borrowing, including borrowing through the issuance of bonds and the authority to obtain funds from the Treasury. Authorizes the District, without prior Authority approval, to requisition advances from the Treasury during a specified period following appointment of Authority members. Amends the District of Columbia Revenue Act of 1939 to set forth provisions and conditions regarding short-term advances from the Treasury to the District for meeting its general expenditures. Directs the Secretary of the Treasury to require the District to provide security for such advances, including a pledge of specific taxes and revenues and a debt service reserve fund. Sets forth remedies for the District's failure to reimburse the Treasury for advances, including the withholding of annual Federal payments or Federal grants, entitlements, loans, or other payments (other than entitlement or benefit payments to individuals) and the attachment of District revenues. Prohibits the Mayor from requisitioning Treasury advances if the Mayor or the Council has an action pending against the Authority. (Sec. 205) Requires the Secretary, in a control year, to deposit the annual Federal payment to the District into an escrow account held by the Authority which shall allocate funds to the Mayor in accordance with terms appropriate to the implementation of the financial plan. Gives priority to using the payment for cash flow management and the payment of outstanding bills owed by the District. (Sec. 206) Provides for withholding of Federal payments and funding for other Federal programs for the District if the Authority finds that the District's revenues and expenditures during a control year are inconsistent with the financial plan and budget. (Sec. 207) Authorizes the Authority to submit recommendations on actions the District government or the Federal Government may take to ensure compliance with a financial plan and budget or to promote the financial stability, management responsibility, and service delivery efficiency of the District government. Sets forth requirements for the implementation of adopted recommendations. (Sec. 208) Sets forth special procedures for the review and submission of the budget and financial plan for FY 1996. (Sec. 209) Declares that a control period is initiated upon the occurrence of any of the following events: (1) the requisitioning by the Mayor of Treasury advances for the support of the District or the existence of any unreimbursed amounts obtained pursuant to such authority; (2) the failure of the District to provide sufficient revenue to a debt service reserve fund of the Authority; (3) the default by the District with respect to loans, bonds, notes, or other forms of borrowing; (4) the failure of the District to meet its payroll for any pay period; (5) the existence of a cash deficit of the District at the end of any quarter of the fiscal year in excess of the difference between the District's estimated revenues and expenditures during the remainder of the fiscal year or such remainder together with the first six months of the succeeding fiscal year; or (6) the failure of the District to make required payments relating to pensions and benefits for current and former employees or to any entity established under an interstate compact to which the District is a signatory. Terminates a control period upon certification by the Authority that: (1) the District has adequate access to short- and long-term credit markets at reasonable interest rates to meet its borrowing needs; and (2) for four consecutive fiscal years, the District's expenditures did not exceed its revenues. Deems a control period to exist upon this Act's enactment date. Subtitle B: Issuance of Bonds - Authorizes the Authority, at the request of the Mayor pursuant to an act of the Council, to issue bonds, notes, or other obligations to borrow funds to obtain funds for the District's use. Permits the Authority to issue such obligations for the use of District agencies with independent borrowing authority. Provides for the deposit of borrowed funds into an escrow account and requires the Authority to allocate such funds to the District. (Sec. 212) Authorizes the Authority to pledge or grant a security interest in revenues to individuals or entities purchasing bonds, notes, or other obligations issued pursuant to this subtitle. Directs the Authority to require the Mayor to: (1) pledge or direct taxes or other revenues payable to the District to the Authority for purposes of securing repayments of such obligations; and (2) transfer the proceeds of any tax levied for purposes of securing such obligations to the Authority immediately upon collection. (Sec. 213) Requires the Authority to establish a debt service reserve fund as a condition for the issuance of such obligations. Permits amounts in the fund to be used solely for the payment of principal of bonds secured by such fund, the purchase or redemption of bonds, the payment of interest on bonds, or the payment of any redemption premium required to be paid when such bonds and notes are redeemed prior to maturity. Sets forth restrictions on withdrawals and issuance of obligations from the fund to prohibit the fund from falling below a minimum reserve requirement. (Sec. 215) Exempts the United States from liability for the payment of principal or interest on any obligation issued pursuant to this subtitle. Subtitle C: Other Duties of Authority - Lists duties of the Authority beginning on the termination of a control period and ending with the suspension of its activities, including review of District budgets, reporting budget analyses, monitoring and reporting on the District's financial status, and carrying out activities with respect to outstanding obligations. Requires the Mayor to submit budgets for fiscal years which are not control years to the President and the Authority. (Sec. 222) Permits the Authority to undertake cooperative efforts to assist the District government in achieving financial stability and management efficiency. Sets forth miscellaneous reporting requirements. Title III: Miscellaneous Provisions - Includes within the definition of "District revenues" under the District of Columbia Self-Government and Governmental Reorganization Act grants and other financial assistance and any funds administered by the District under cost sharing arrangements. Prohibits reprogramming of amounts in an adopted budget unless the Mayor requests reprogramming from the Council and additional expenditures provided under the request are offset by reductions in expenditures for another activity. Extends the authorization of appropriations for the annual Federal payment to the District through FY 1999. (Sec. 302) Establishes within the executive branch of the District government an Office of the Chief Financial Officer of the District of Columbia. Includes the Office of the Treasurer within the Office. Transfers the functions and personnel of the District Controller, Office of the Budget, Office of Financial Information Services, and Department of Finance and Revenue to the Office. Sets forth duties of the Chief Financial Officer and the Treasurer. Repeals provisions that establish the Office of Financial Management and list the duties of the Treasurer. (Sec. 303) Amends the District of Columbia Procurement Practices Act of 1985 to revise provisions regarding the appointment and duties of the District Inspector General, including to extend the term of office to six years. (Sec. 304) Bars the making of any contract involving expenditures exceeding $1 million in a 12-month period unless the contract is approved by the Council.
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 · 14 March 1995
Amends the Portal-to-Portal Act of 1947 to provide that an employer does not have to pay minimum wages or overtime compensation to an employee for or on account of such employee's use of employer-owned vehicles for traveling to and from the actual place of performance of the principal activity which such employee is employed to perform (thus relieving the employer of liability and punishment, under the Fair Labor Standards Act of 1938, Walsh-Healey Act, and Davis-Bacon Act, for failure to pay such wage or compensation for the time of such use).
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 · 28 February 1995
Local Governments Flow Control Act of 1995 - Amends the Solid Waste Disposal Act to authorize States and political subdivisions to exercise flow control authority if, before May 15, 1994, such States or political subdivisions adopted a flow control measure that: (1) required the delivery of flow controllable solid waste to a proposed or existing waste management facility; or (2) identified waste management methods necessary for the transportation, management, or disposal of such waste and committed to designate a facility for such methods. Authorizes States and political subdivisions to exercise such authority over voluntarily relinquished recyclable materials generated within their boundaries. Considers flow control measures that implement such authority and contracts that authorize the collection, transportation, or disposal of flow controllable solid waste (but do not involve such authority) to be a reasonable regulation of commerce. Permits such authority with respect to recyclable materials only if: (1) the generator or owner of the materials voluntarily made the materials available to the State or subdivision and relinquished any rights to, or ownership of, such materials; (2) the State or subdivision assumes such rights or ownership; and (3) the State or subdivision complies with requirements to separate or divert recyclable materials for recycling, reclamation, or reuse. Establishes additional conditions on the exercise of flow control authority, including requirements that such authority is necessary to meet current or anticipated waste management needs, such authority is limited to specified waste categories, and revenues derived from the exercise of such authority are devoted primarily to solid waste management services. Permits States and subdivisions to designate a waste management facility only if they implement a competitive designation process. Retains the applicability of certain existing laws and contracts and considers such laws and contracts to be a reasonable regulation of commerce.
United States · United States Congress · 28 February 1995
Authorizes the Alpha Phi Alpha Fraternity to establish a memorial on Federal land in the District of Columbia or its environs to honor Martin Luther King, Jr. Prohibits the United States from paying any expense of establishing the memorial.
United States · United States Congress · 27 February 1995
TABLE OF CONTENTS: Title I: National Advisory Board on Adoption Title II: Adoption Data Collection System Title III: Adoption Education Programs Title IV: Adoption Benefits for Federal Employees and Military Personnel Title V: Adoption Tax Credit Title VI: Maternal Health Certificates Program Title VII: Rehabilitation Grants for Maternity Housing and Services Facilities Title VIII: Sense of Congress Regarding Changes in State Adoption Laws Omnibus Adoption Act of 1995 - Title I: National Advisory Board on Adoption - Establishes the National Advisory Board on Adoption to monitor program implementation under this Act and make recommendations to the Congress. Title II: Adoption Data Collection System - Requires the Secretary of Health and Human Services (the Secretary) to submit a status report to the Congress on implementation of a certain data collection system required under the Social Security Act. Title III: Adoption Education Programs - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award social work graduate school fellowships for work in innovative programs on the effects of adoption on the parties involved. Authorizes appropriations. Directs the Secretary of Education to award grants to the States for implementation of adoption education programs. Authorizes appropriations. Title IV: Adoption Benefits for Federal Employees and Military Personnel - Amends Federal law to set forth adoption benefits for Federal employees and military personnel. Directs the Director of the Office of Personnel Management, the Secretary of Defense, and the Secretary of Transportation to coordinate their efforts in implementing this Act and to consult with the National Advisory Board on Adoption. Title V: Adoption Tax Credit - Amends the Internal Revenue Code to allow adoption expenses as a credit against the individual income tax. Requires married couples to file jointly in order to receive such credit. Title VI: Maternal Health Certificates Program - Directs the Secretary to establish a maternal health certificates program to cover maternity and housing services facility expenses incurred by eligible pregnant women. Authorizes appropriations. Title VII: Rehabilitation Grants for Maternity Housing and Services Facilities - Directs the Secretary of Housing and Urban Development to implement a grant program to assist eligible nonprofit entities to rehabilitate buildings for use as housing and services facilities for eligible pregnant women. Authorizes appropriations. Title VIII: Sense of Congress Regarding Changes in State Adoption Laws - Expresses the sense of the Congress that the States should adopt a specified statutory adoption scheme, including certain health plan benefits.
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 · 23 February 1995
Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Integrated Spent Nuclear Fuel Management Act of 1995. (Sec. 1) Instructs the Secretary of Energy (the Secretary) to accept spent nuclear fuel and high-level radioactive waste by not later than January 31, 1998. Entitles contract holders to specified remedies for the Secretary's failure to meet service contract obligations, or to accept spent nuclear fuel and high-level radioactive waste as mandated under this Act. States that the Nuclear Waste Fund shall fund the execution of service contract and implementation of the Secretary's responsibilities, including the acceptance of spent nuclear fuel and high-level radioactive waste at contract holder sites and transporting such fuel or waste to a private storage facility. Establishes an integrated spent nuclear fuel management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Prescribes procedural guidelines for the use of: (1) railroads; (2) transportation planning and requirements; (3) multi-purpose canister systems; (4) interim storage facilities; (5) permanent disposal; (6) land withdrawal; and (7) private storage facilities. Prescribes consultation and assistance guidelines between the Secretary and the State of Nevada. Prescribes budget priorities for purposes of annual requests for appropriations from the Waste Fund. Prescribes a fee schedule for electricity and nuclear fuel used to generate electricity in a civilian nuclear power reactor. Sets forth advance contract prerequisites for utilization or production facility license renewals. Reestablishes the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) establish by rule the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Subjects the Secretary to all Federal, State, and local environmental or land use laws and regulations, with specified exceptions. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Provides that upon a contract holder's request, the Secretary shall take title to or possession of spent nuclear fuel or high-level radioactive waste without removing it from the contract holder's designated storage site if the Secretary cannot accept such items within the contract's acceptance schedule. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Reestablishes the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take action as necessary to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. States that the program is not subject to civil service regulations. Abolishes the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. Repeals all references to the Yucca Mountain site. Requires the Secretary to report to the Congress whether particular milestones have been reached with respect to: (1) multi-purpose canister systems; (2) land withdrawals; (3) interim storage facilities; and (4) acceptance of spent nuclear fuel from contract holders. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ on an on-going basis, integrated performance modeling regarding site characterization. (Sec. 2) Sets forth transition provisions for the continuation of: (1) contracts; (2) Nuclear Waste Fund; (3) Office of Civilian Radioactive Waste Management; and (4) Nuclear Waste Technical Review Board. (Sec. 3) Mandates that amounts in the Nuclear Waste Fund be appropriated exclusively for certain authorized purposes cited in the Nuclear Waste Policy Act of 1982. Precludes such appropriations from being taken into account for any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends such Act to provide that appropriations to the Nuclear Waste Fund are not subject to its discretionary spending limits or to a certain allocation of the Energy and Waster Development Subcommittee of the Appropriations Committee. Reduces specified discretionary spending limits under the Congressional Budget Act of 1974.
United States · United States Congress · 23 February 1995
Expresses the sense of the House of Representatives that in order to curb the deficit and to ameliorate the debt burden of future generations, reduction of the Federal deficit should be a very high budgetary priority of the Government and savings from the enactment of spending-reduction legislation should be applied primarily to deficit reduction.
United States · United States Congress · 15 February 1995
James P. Grant World Summit for Children Implementation Act of 1995 - Authorizes appropriations for FY 1996 and 1997 for contributions to the United Nations Children's Fund (UNICEF). Amends the Foreign Assistance Act of 1961 to authorize appropriations for FY 1996 and 1997 for the Child Survival Fund. Earmarks funds for activities that have a direct measurable impact on reducing rates of child morbidity and mortality. Expresses the sense of the Congress that authority should be granted to the President to exercise specified debt forgiveness for least developed countries that are pursuing economic policy reforms to promote long-term development. Earmarks development assistance funds for FY 1996 and 1997 for the Vitamin A Deficiency Program. Authorizes additional appropriations for FY 1996 and 1997 for: (1) iodine and iron fortification programs; (2) prevention, care, and control programs related to human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) in developing countries; and (3) population assistance programs. Earmarks development and economic assistance funds for FY 1996 and 1997 for programs in support of basic education. Expresses the sense of the Congress that specified amounts should be appropriated for FY 1996 and 1997 for migration and refugee assistance. Requires the President to call upon other governments to provide their share of resources required to achieve the World Summit for Children goals by the year 2000.
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 · 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 · 9 February 1995
Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines.
United States · United States Congress · 8 February 1995
Firefighters Pay Fairness Act of 1995 - Amends Federal law to provide that, for Federal fire fighters, the annual rate of basic pay shall be calculated on the basis of 26 administrative biweekly work periods of up to 106 hours each. Prescribes a formula for computing the basic biweekly pay of Federal employees who are not fire fighters but perform fire fighting duties. Extends existing biweekly pay period and pay computation requirements to Federal fire fighters and employees in and under the judicial branch. Removes employees of the District of Columbia government from coverage by such requirements. Repeals the current exception from such requirements for employees on the Isthmus of Panama in the service of the Panama Canal Commission. Requires compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period by fire fighters subject to the Fair Labor Standards Act of 1938. Prescribes basic rates of pay for fire fighters: (1) promoted to a supervisory position; and (2) selected and assigned for training. Adds certain pay retention rights for Federal firefighters subject to a reduction or termination of a rate of pay established under this Act. Authorizes a Federal agency to pay cash awards of up to five percent of basic pay to fire fighters or other employees performing fire fighting duties who make substantial use of: (1) special skills, such as handling hazardous materials; or (2) a certification or license, such as certification as an emergency medical technician. Requires the Office of Personnel Management to report to the Congress with respect to transition and funding increase plans and regulatory or legislative modifications necessary to prevent diminution in retirement benefits under this Act.
United States · United States Congress · 6 February 1995
Lupus Research Amendments of 1995 - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand and intensify research and related activities of the Institute with respect to lupus. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women. Authorizes appropriations.
United States · United States Congress · 3 February 1995
Expresses the sense of the Congress that the current link should be maintained between: (1) the levels of earnings allowed for blind individuals entitled to disability insurance benefits; and (2) the exempt amounts allowed for purposes of the social security earnings test for individuals who have attained retirement age.
United States · United States Congress · 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.
United States · United States Congress · 31 January 1995
TABLE OF CONTENTS: Title I: Capping the Aggregate Growth of Welfare Spending Title II: Empowering Taxpayers to Participate in Poverty Relief Efforts Title III: Promoting Strong Families and Parental Responsibility Common Sense Welfare Reform Act of 1995 - Title I: Capping the Aggregate Growth of Welfare Spending - Establishes a cap on the growth of total Federal spending on certain welfare programs. (Sec. 101) Subjects to such spending limit the following programs: (1) the welfare block grant program established under this Act; (2) Head Start programs under the Head Start Act; (3) cash, medical, and social services assistance programs for refugees and entrants under Immigration and Nationality Act and the Refugee Education Assistance Act of 1980; (4) the special supplemental food program for women, infants, and children under the Child Nutrition Act of 1966; (5) programs providing general assistance to Indians under the Snyder Act; (6) programs providing Indian health services under the Indian Health Care Improvement Act; (7) programs providing Indian housing improvement grants; and (8) programs providing Indian and Native American employment training. Provides for reconciliation of such spending growth limits through specified procedures for allocations and reductions based on spending caps, and through consultation with specified congressional committees. (Sec. 102) Entitles each State to an annual welfare block grant payment based on a specified formula under a five-year program. Establishes the Welfare Revolving Fund. (Sec. 103) Eliminates certain welfare programs, under the following categories: (1) cash aid (Social Security Act (SSA) programs for Aid to Families with Dependent Children, Supplemental Security Income, foster care and adoption assistance, and grants to territories for aid to the aged, blind, or disabled); (2) medical aid (SSA program for maternal and child health services block grants, and Public Health Service Act programs for community health centers and migrant health centers); (3) food aid (the entire Food Stamp Act of 1977 and its food stamp program, the school lunch program under the National School Lunch Act (NSLA), the entire Emergency Food Assistance Act of 1983 and its emergency food assistance program, nutrition programs for the elderly under the Older Americans Act of 1965, the school breakfast program under the Child Nutrition Act of 1966 (CNA), and other specified child and adult food programs); (4) housing aid (certain rental assistance and public housing programs under the United States Housing Act of 1937, certain interest reduction assistance under the National Housing Act, rent supplement assistance under the Housing and Urban Development Act of 1968, and Housing Act of 1949 programs for specified rural housing and rental assistance); (5) energy aid (the entire Low-Income Home Energy Assistance Act of 1981 and its low-income home energy assistance programs, and the weatherization assistance program under the Energy Conservation and Production Act); (6) education aid (Higher Education Act of 1965 programs for Pell grants, Federal supplemental educational opportunity grants, Federal TRIO programs, grants to States for State student incentives, and grants to institutions and consortia to encourage women and minority participation in graduate education, and Elementary and Secondary Education Act of 1965 programs for improving local education agency basic programs for disadvantaged and for migratory children); (7) jobs and training aid (Job Training Partnership Act programs for adult training, summer youth employment and training, the Job Corps, and Native Americans and migrant and seasonal farmworkers, the older American community service employment program under the Older Americans Act of 1965, and the JOBS program under SSA); (8) social services (SSA block grants to States for social services, the entire Community Services Block Grant Act (except specified provisions) and its community services block grant program, the entire Legal Services Corporation Act of 1974 and its legal services program, the FEMA emergency food and shelter program under the Stewart B. McKinney Homeless Assistance Act, PHSA programs of research regarding family planning and population issues and of voluntary family planning projects, and the entire Domestic Volunteer Service Act of 1973); and (9) community aid (community development block grants and urban development action grants under the Housing and Community Development Act of 1974, and the entire Appalachian Regional Development Act of 1965 with its Appalachian regional development program (terminating the Appalachian Regional Development Commission)). Revises the Older Americans Act of 1965 with respect to supportive services for older individuals to include a Senior Opportunities and Services program. (Sec. 104) Requires the use for deficit reduction of all savings to the Federal Government resulting from the spending cap imposed under this Act. Prohibits the use of such savings to fund increased spending under any programs that are not subject to the spending cap. Provides that budgetary effects resulting from enactment of this title shall not be counted under the Balanced Budgetary and Emergency Deficit Control Act of 1965 with respect to deficit amounts in excess of the statutory maximum (paygo scorecard) which trigger an offsetting sequestration. Title II: Empowering Taxpayers to Participate in Poverty Relief Efforts - Amends the Internal Revenue Code (IRC) to allow an individual tax credit for charitable contributions to certain private charities providing assistance to the poor. Title III: Promoting Strong Families and Parental Responsibility - Amends the IRC to allow an additional earned income credit for married individuals. (Sec. 302) Directs the Secretary of the Treasury to establish a system for the reporting of information relating to child support obligations of employees. Amends SSA title VI part D (Child Support and Establishment of Paternity) to require a State role in such system. (Sec. 303) Amends SSA title VI part D to require: (1) State registries of child support orders; and (2) certain procedures for accessibility of State information relating to child support. (Sec. 304) Expands the Parent Locator Service. Directs the Secretary of Health and Human Services to establish an Interstate Local Network linking the Parent Locator Service and all State databases relating to child support enforcement. Requires prescription of regulations governing information sharing among States, within States, and between States and the Parent Locator Service. (Sec. 305) Requires certain State procedures for collection and distribution of child support through income withholding. Provides for development of a uniform withholding order. Requires States to have laws requiring employers to withhold child support pursuant to uniform withholding orders. (Sec. 306) Requires development of a uniform abstract of a child support order for use by all State courts to record specified information with respect to each child support order in the registry.
United States · United States Congress · 26 January 1995
Crime Victims Restitution Act of 1995 - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to: (1) order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property, or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment in accordance with this Act. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.
United States · United States Congress · 26 January 1995
Amends the Internal Revenue Code to restore the 25-percent deduction for health insurance costs of self-employed individuals for the taxable year 1994.
United States · United States Congress · 23 January 1995
Staff Protection Act of 1995 - Amends the Federal criminal code to include members of staffs of Federal officials (whether paid or unpaid) within the scope of protections regarding influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member.
United States · United States Congress · 19 January 1995
Independent Contractor Tax Fairness Act of 1995 - Amends the Internal Revenue Code to provide for determining the employment status of individuals as employees for purposes of employment taxes. Requires a written qualified agreement in order for an individual who performs services for another (the service-recipient) to not be treated as an employee and sets forth the following conditions, of which at least one must be met, for the individual to not be treated as an employee and the service-recipient to not be treated as an employer: (1) the individual can realize a profit or loss as a result of services performed for the service-recipient; (2) the individual maintains a separate principal place of business and has a significant investment in facilities or tools, which are not typically maintained by employees, used to perform services; (3) the services performed by the individual are available to the general public and the individual has performed such services other than as an employee for at least one other service-recipient during the year or the preceding calendar year; or (4) the individual is paid exclusively on a commission basis and maintains his or her principal place of business other than at the service recipient's place of business or pays fair market rental value for his or her principal place of business if such place is the service-recipient's place of business. Requires the qualified agreement to specify, among other things: (1) which services will be provided, the duration of such services, and the remuneration to be paid for such services; (2) that the service provider is aware of his or her Federal tax obligations; and (3) that the service-recipient will maintain a separate accounting of the income and expenses related to such agreement. Codifies section 530 of the Revenue Act of 1978, with revisions. Increases the penalty on service-recipients for failure to furnish information returns on services performed by independent contractors. Requires the Secretary of the Treasury to propose legislation to the Congress which specifies objectively measurable criteria for determining whether an individual is an employee. Declares the intent of the Congress that such criteria allow taxpayers maximum latitude in determining employment status. Requires the Secretary to report to the Congress on efforts being made to give taxpayers such latitude.
![Official portrait of Rep. Walsh, James T. [R-NY-25]](https://www.congress.gov/img/member/w000099_200.jpg)