United States · United States Congress · 3 August 1995
Family Business Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate, for estate tax purposes, specified portions of the adjusted value of the qualified family-owned business interests of the decedent.
United States · United States Congress · 2 August 1995
Constitutional Amendment - Requires a three-fifths majority of the whole number of each House of the Congress to pass any bill to levy a new tax or increase the rate or base of any tax. Allows the Congress to waive the requirement when a declaration of war is in effect and when the United States is engaged in military conflict that causes an imminent and serious threat to national security and is so declared by a joint resolution, adopted by a majority of the whole number of each House, that becomes law. Makes a bill passed under waiver effective for no longer than two years. Requires all votes under this amendment to be by roll call.
United States · United States Congress · 1 August 1995
Wamp Congress Act of 1995 - Amends the Federal Election Campaign Act of 1971 to: (1) place equal ($2000) contribution limits on multicandidate political committees and other persons generally; and (2) limit House of Representatives election contributions from persons other than in-State individual residents.
United States · United States Congress · 31 July 1995
Utility Consumer Service Protection Act of 1995 - Amends Federal transportation law to declare that certain requirements relating to establishing maximum driving and on-duty time for drivers of motor vehicles shall not apply to utility service vehicles or utility drivers, or employers engaged primarily in the business of providing a utility service, or to such vehicles or drivers during a utility emergency. Defines: (1) "utility service vehicle" to mean a motor vehicle that is used in any activity related to the ultimate delivery of public utility services to customers; and (2) "utility driver" to mean any employee of a utility provider or other operator of a utility service vehicle while such vehicle is being used in an activity related to the provision of a utility service.
United States · United States Congress · 28 July 1995
Commercial Revitalization Tax Act of 1995 - Amends the Internal Revenue Code to allow an investment tax credit equal to a percentage of expenditures for depreciable property in connection with the rehabilitation or reconstruction of a nonresidential building located in: (1) an empowerment zone or enterprise community; (2) an area established pursuant to a consolidated planning process for the use of Federal housing and community development funds; or (3) a low-income commercial revitalization district specially designated by a State or local government which is not primarily a nonresidential central business district. Requires, for qualification of such expenditures, that they exceed 25 percent of the fair market value of the building before rehabilitation. Imposes a State ceiling on the availability of the credit.
United States · United States Congress · 20 July 1995
Directs the Secretary of Labor to issue a final rule within one year to amend the exemption from child labor restrictions under the Fair Labor Standards Act of 1938 for minors between 16 and 18 years of age who operate automobiles or trucks under a certain weight. Eliminates the requirement that such operation be only occasional and incidental to the minor's employment. Requires that such operation not be the primary duty of the minor's employment.
United States · United States Congress · 13 July 1995
George Washington Commemorative Coin Act of 1995 - Requires the Secretary of Treasury to mint and issue five-dollar gold coins emblematic of George Washington. Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Provides for the distribution of coin sale surcharges to the Mount Vernon Ladies' Association.
United States · United States Congress · 12 July 1995
TABLE OF CONTENTS: Title I: Rechargeable Battery Recycling Act Title II: Mercury-Containing Battery Management Act Mercury-Containing and Rechargeable Battery Management Act - Directs the Administrator of the Environmental Protection Agency to establish a program to provide information on the proper handling and disposal of used regulated batteries and rechargeable consumer products with nonremovable batteries. Defines a "regulated battery" as a rechargeable battery that contains a cadmium or lead electrode or contains other electrode chemistries and is the subject of a specified determination by the Administrator. Establishes civil penalties for violations of this Act. Sets forth recordkeeping requirements and establishes access authorities for the Administrator. Authorizes appropriations. Title I: Rechargeable Battery Recycling Act - Rechargeable Battery Recycling Act - Prohibits any person from selling for use in the United States a regulated battery or a rechargeable consumer product ready for retail sale and manufactured on or after 12 months after this Act's enactment date unless the battery is easily removable from the product or is sold separately. Sets forth labeling requirements, including that the label contain a statement that the battery must be recycled or disposed of properly. Authorizes the Administrator, upon determining that other rechargeable batteries having electrode chemistries different from regulated batteries are toxic and may cause substantial harm if discarded for land disposal or incineration, to promulgate requirements for: (1) labeling such batteries and related products; and (2) easy removability of regulated batteries from rechargeable consumer products designed to contain such batteries. Provides for exemptions from this Act's requirements under certain conditions. Title II: Mercury-Containing Battery Management Act - Mercury-Containing Battery Management Act - Prohibits the sale or offering for sale or promotional purposes of: (1) alkaline-manganese batteries manufactured on or after January 1, 1996, with a mercury content that was intentionally introduced (limits the content in alkaline-manganese button cells to 25 milligrams of mercury per button cell); (2) zinc carbon batteries manufactured on or after January 1, 1996, that contain mercury that was intentionally introduced; (3) button cell mercuric-oxide batteries for use in the United States on or after January 1, 1996; and (4) any mercuric-oxide battery on or after January 1, 1996, unless the manufacturer identifies a collection site that has all required Federal, State, and local government approvals, to which persons may send such batteries for recycling or disposal and informs its purchasers of such site and of a telephone number to get information about sending such batteries for recycling or disposal. Authorizes the Administrator, upon the petition of a person that proposes a new use for a battery technology or the use of a battery described in this title in a new product, to exempt such new use or product from this title if there exist safeguards to ensure that the battery or product will not be disposed of in an incinerator, composting facility, or landfill (other than a facility regulated under subtitle C of the Solid Waste Disposal Act).
United States · United States Congress · 12 July 1995
Access to Medical Treatment Act - Permits any individual to be treated by a health care practitioner with any medical treatment that the individual desires, or that is authorized by the legal representative of the individual, if: 1) the practitioner agrees to treat the individual; and 2) the administration of such treatment does not violate licensing laws. Authorizes health care practitioners to provide any method of treatment to such an individual: 1) there is no evidence that the treatment is a danger to the individual; and 2) if the treatment has not been approved, the individual has been informed that the treatment has not been approved and the food, drug, or device contains a warning to that effect. Requires a practitioner, after administering such treatment and discovering it to be a danger to an individual, to submit a report to the Secretary of Health and Human Services. Requires the Secretary to properly disseminate information with respect to the danger of the medical treatment. Requires a practitioner to immediately report to the Office of Alternative Medicine the positive effects of an unconventional medical treatment for a life-threatening medical condition including: 1) the nature of such treatment; 2) the results of such treatment; and 3) the protocol of such treatment.
United States · United States Congress · 30 June 1995
Independent Contractor Tax Simplification Act of 1995 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, and a payor shall not be treated as an employer if: (1) a service provider has a significant investment in assets and training, incurs significant unreimbursed expenses, agrees to perform the service for a specified amount of time or to complete a specific result and is responsible for damages for early termination without cause, receives payment primarily on a commission basis, or has purchased resale products; (2) the service provider has a principal place of business, does not primarily provide service in the service recipient's place of business, or pays a fair market rent for use of the recipient's place of business or does not have to perform service only for the service recipient and, in the current year or in the proceeding or subsequent years, has performed or has offered to perform a significant amount of service for other persons; and (3) the services by an individual are performed according to a written contract between the service recipient or payor which provides that the individual will not be treated as an employee.
United States · United States Congress · 28 June 1995
Parental Rights and Responsibilities Act of 1995 - Prohibits any Federal, State, or local government or any official of such a government from interfering with or usurping the right of a parent to govern the upbringing of a child of the parent. Disallows any exception to this Act unless the government or official is able to demonstrate, by appropriate evidence, that such interference or usurpation is valid to accomplish a compelling government interest, in which case only the least amount of interference may be used.
United States · United States Congress · 16 June 1995
TABLE OF CONTENTS: Title I: Abolition of Department of Education Title II: Education Program Subtitle A: Elementary and Secondary Education Subtitle B: Conforming Amendments to the Individuals with Disabilities Education Act Subtitle C: Higher Education Programs Subtitle D: Miscellaneous Provisions Title III: General Provisions Title IV: Statements of Policy Back to Basics Education Reform Act - Eliminates the Department of Education and redefines the Federal role in education. Title I: Abolition of Department of Education - Abolishes the Department of Education. (Sec. 102) Establishes (and sunsets) an Office of Economic Opportunities in the Department of Health and Human Services. Provides that the Office shall be: (1) headed by a Director for Economic Opportunities, who shall be appointed by the President and confirmed with the advice and consent of the Senate; and (2) administered under the supervision and direction of the Assistant Secretary for the Administration for Families and Children. Transfers Department of Education functions to the Office. Abolishes the Office and all of its functions upon the expiration of the authorization for the programs under its jurisdiction. (Sec. 103) Directs the Secretary of Health and Human Services to appoint as principal officers of the Office: (1) an Assistant Director of Childhood Schooling; and (2) an Assistant Director of Advanced Schooling. (Sec. 104) Allows the Secretary of Education to serve as Director of the Office until an individual is appointed to such position or until the end of a 120-day period, whichever is earlier. (Sec. 105) Authorizes the Secretary of Health and Human Services, as is necessary or appropriate, to: (1) allocate or reallocate any function of the Office among its officers; and (2) consolidate, alter, or discontinue in the Office any organizational entities that were entities of the Department of Education. Prohibits transfer of any function or personnel of the Office to any agency outside of the Office. (Sec. 106) Directs the President to submit to the Congress a plan for winding up the affairs of the Department of Education in accordance with this Act. (Sec. 107) Directs the Comptroller General to submit to the Congress a report with recommendations for the most efficient means of achieving, in accordance with this Act: (1) the complete abolition of the Department of Education; and (2) the termination, transfer, or other continuation of functions of the Department of Education. (Sec. 110) Limits Federal expenditures in each fiscal year for the administration of a function transferred by this Act to not more than 70 percent of the total amount expended for the administration of that function during fiscal year 1995. Title II: Education Programs - Subtitle A: Elementary and Secondary Education - Chapter 1: Elementary and Secondary Education Block Grant - Authorizes the Director of the Office to provide an elementary and secondary education block grant to the Governor of each State that complies with specified requirements. (Sec. 202) Authorizes such block grant program, and sets forth provisions for State eligibility, general State requirements, amount of State allotment, local fiscal accountability, and participation of children enrolled in private schools. (Sec. 209) Authorizes appropriations. Chapter 2: Other Elementary and Secondary Education Programs - Repeals: (1) titles I, II, III, IV, V, VI, VII, X, XI, XII, XIII, XIV, and parts B and C of title IX of the Elementary and Secondary Education Act of 1965 (ESEA); (2) the Goals 2000: Educate America Act; (3) the School-to-Work Opportunities Act; (4) specified provisions of the General Education Provisions Act; and (5) the National Education Statistics Act of 1994. Amends ESEA provisions relating to impact aid. Requires that impact aid programs provided under title VIII of ESEA be administered by the Department of Defense through the Assistant Secretary for Force Management Policy. Provides that Indian education programs under part A of title IX of ESEA shall be administered by the Department of the Interior through the Assistant Secretary for Indian Affairs. Subtitle B: Conforming Amendments to the Individuals with Disabilities Education Act - Amends the Individuals with Disabilities Education Act (IDEA) to transfer authority from the Department and Secretary of Education to the Department and Secretary of Health and Human Services. (Sec. 212) Amends IDEA definitions of excess costs and of native language. (Sec. 213) Transfers of IDEA administering authority to the Office. (Sec. 214) Revises IDEA provisions relating to outreach services for certain institutions of higher education. Subtitle C: Higher Education Programs - Chapter 1: Elimination and Reduction of Programs - Repeals the Higher Education Act of 1965, with exceptions for its short title and provisions relating to Pell Grants, the Federal Family Education Loan Program, Perkins Loans, needs analysis, certain general provisions, definitions, and the program integrity triad. (Sec. 221) Provides that such repeal of HEA provisions shall not affect Federal authority to collect loans. Discontinues Federal contributions for FY 1997 or any succeeding year to student loan funds established under Perkins Loans provisions of HEA. Limits Federal funds for Howard University under specified Federal law and the Howard University Endowment Act to: (1) specified maximum amounts and uses in fiscal years through FY 2000; and (2) nothing for FY 2001 and thereafter. (Sec. 222) Amends the Congressional Budget Act to revise the Federal Credit Reform Act with respect to defining the cost of a direct loan. (Sec. 223) Amends HEA to provide for the sale of Federal Direct Student Loan (FDSL) loan portfolios. (Sec. 224) Makes a statement of policy that the Federal student loan programs should be reviewed to evaluate whether reforms need to be made based on the principles of risk sharing, market-based orientation, privatization, and deregulation. (Sec. 225) Eliminates in-school interest subsidies under HEA guaranteed loan programs. Chapter 2: Higher Education Block Grant - Authorizes block grants to States to assist institutions of higher education to improve access to higher education and the quality of educational programs. (Sec. 232) Sets forth such block grant program provisions for distribution of funds, State assurances, use of funds, and public disclosure. (Sec. 236) Authorizes appropriations. Subtitle D: Miscellaneous Provisions - Provides that nothing in this Act shall be construed to affect continued funding for Gallaudet University, the American Printing House for the Blind, or the National Institute for the Deaf at FY 1995 levels through FY 2000. (Sec. 242) Directs the Secretary of Health and Human Services to: (1) consult with the Congress before issuing regulations regarding the grants under chapter 1 of subtitle A and chapter 2 of subtitle C of this title; and (2) issue only regulations necessary for the timely distribution of such funds to the States. (Sec. 243) Directs the Secretary of Health and Human Services to provide for a consolidated application for grants under chapter 1 of subtitle A and chapter 2 of subtitle C of this title. Requires that consolidated applications also be permitted at the local level. (Sec. 244) Limits the amount that is authorized to be appropriated for programs under chapter 2 of subtitle A, subtitle B, and chapter 1 of subtitle C to not more than the amount appropriated for such programs for FY 1995. Requires that such programs be authorized through FY 2000. (Sec. 245) Provides that nothing in this title shall be construed to affect the applicability of civil rights laws relating to any program established, transferred, or consolidated under this Act. Sets forth education-related civil rights enforcement and reporting duties of the Secretary of Health and Human Services, the Director of the Office of Civil Rights of the Department of Health and Human Services, and the Assistant Attorney General in charge of the Civil Rights Division of the Department of Justice. Title III: General Provisions - Sets forth requirements relating to certain references, exercise of authorities, savings provisions, transfer of assets, delegation and assignment, authority of the Office of Management and Budget with respect to functions transferred, and proposed changes in law. Title IV: Statements of Policy - Sets forth statements of policy regarding: (1) Federal education funding (review and evaluation as to the feasibility of further enhancing the ability of States and local communities to fund education by reducing the Federal tax burden and commensurately eliminating Federal Government involvement in providing grants for education programs); (2) job training programs (review and transfer all those under jurisdiction of the Department of Education to the Department of Labor and consolidate them into one or more block grants); and (3) Indian education (review programs transferred to the Department of the Interior to ensure that they benefit Native American children who live on reservations).
United States · United States Congress · 14 June 1995
Safety and Health Improvement and Regulatory Reform Act of 1995 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise provisions for OSHA standards. Requires promulgation and modification of such standards to be based of certain analyses and criteria, including a specified type of regulatory impact analysis, as well as a risk assessment and a cost-benefit analysis which are industry-specific. (Sec. 2) Repeals provisions for separate rules for toxic materials or harmful physical agents. Deems a variance to have been issued as of the date the application for it was filed,if the Secretary has failed to approve or disapprove such application within 90 days of such filing (unless the Secretary of Labor and the applicant agree to a longer period). Sets forth requirements relating to such regulatory impact analyses (both a preliminary and a final one), risk assessments, and cost-benefit analyses. Directs the Secretary, within seven years of the effective date of this Act, to review each OSHA standard in effect as of such effective date under specified criteria, and to modify or revoke such standards as appropriate. Allows each person affected by a promulgated OSHA standard to petition the Secretary to modify or revoke such standard pursuant to this review process. Sets forth substantive and procedural requirements relating to such provisions. Repeals the mandate that, in determining the priority for establishing OSHA standards, the Secretary give due regard to: (1) the urgency of the need for such standards for particular industries, trades, crafts, occupations, businesses, workplaces, or work environments; and (2) the recommendations of the Secretary of Health and Human Services regarding such need. Directs the Secretary, upon determining that a rule should be promulgated or modified to serve OSHA objectives, to appoint an independent and external peer review panel to review the scientific and economic data which forms the basis for such standard and such data's relevance to industries and workers that would be affected by it. (Sec. 3) Revises provisions for notices of violations and citations. Directs the Secretary to give notices of violations, with specified periods for abatement (at least 30 days, except that a reasonable shorter period may be ordered if the condition constitutes a direct threat to employees). Authorizes the Secretary to issue citations after a follow-up inspection if the violation remains and the abatement period has expired. Provides that such notice of a violation before issuance of a citation shall not be required in cases of alleged violations causing death or serious injury, or constituting an imminent danger, to an employee. (Sec. 4) Directs the Secretary to establish an office to promote, administer, and coordinate the following worksite-based incentives programs and activities. Exempts from general OSHA inspections workplaces which: (1) the employer certifies have been reviewed under a Federal-State consultation services program or a workplace review provided by a certified person; or (2) the Secretary chooses to certify as having significant involvement of their employees in their safety and health program. Directs the Secretary to establish programs to: (1) certify persons to conduct such reviews; (2) give special recognition (including exemption from random OSHA inspections) to worksites, companies, and other organizations which have implemented particularly effective programs addressing occupational safety and health in the workplace; and (3) provide education, training, and technical assistance to employers and employees in providing safe and healthful workplaces and complying with OSHA requirements. Reserves at least one-half of the annual appropriation under OSHA for such worksite-based incentives programs, effective in the first fiscal year beginning three years after the effective date of this Act. (Sec. 5) Makes certain restrictions under the National Labor Relations Act and the Railway Labor Act inapplicable to employee participation on certain committees, teams, or other arrangements dealing with employers concerning health and safety of working conditions or related matters. (Sec. 6) Revises provisions for inspections. Revises provisions relating to employee requests for inspections to: (1) eliminate such requests by employee representatives; and (2) make a special inspection discretionary rather than mandatory, while having the Secretary make an inquiry with the employer, upon determination that there are reasonable grounds that the alleged violation or danger exists and that the employer has failed to correct it. Requires that certain inspections be conducted by at least one individual who has technical expertise by training or experience in the industry or types of hazards being inspected. Directs the Secretary to: (1) enter into agreements with other Federal agencies and with States to train inspection personnel of agencies which inspect employers to inspect places of employment to determine if employee fire protection is adequate; and (2) establish a system for referral of fire hazards to the Secretary after notification to the employer, if the employer fails to take corrective actions. Prohibits the Secretary from conducting routine inspections of (or enforcing any OSHA standard, rule, regulation, or order with respect to): (1) any person engaged in a farming operation that does not maintain a temporary labor camp and is employing ten or fewer employees; and (2) any employer of not more than 50 employees that has an occupational injury or a lost work day rate less than the national average. Sets forth certain exceptions from such exemption. (Sec. 7) Adds employer defenses of employee misconduct, or alternative safe methods, or other inconsistent or conflicting requirements. (Sec. 8) Revises OSHA penalties. Eliminates provisions relating to willful and repeated violations. Directs the Occupational Safety and Health Review Commission to: (1) assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors; and (2) not assess a penalty greater than that proposed by the Secretary. Allows reduction of a civil penalty by the cost to the employer of correcting the violation. Authorizes the Secretary to propose that a special assessment penalty of up to ten times greater be applied in the circumstances of employee fatalities, or an excessive history of serious injuries to employees, caused by violations of certain OSHA standards. Prohibits penalties where no standard or regulation exists. Provides for jurisdiction for prosecution under State and local criminal laws. (Sec. 9) Revises enforcement procedures with respect to Commission review of the Secretary's citations or proposed penalties for employers. Revises judicial review provisions to require upholding, if reasonable, of the Commission's conclusions of law with respect to the construction of OSHA, or regulations, rules, standards, or orders adopted under OSHA. Increases Commission membership from three to five, and quorums from two to three members. Requires at least one Commission member to have expertise or experience in mining. Revises provisions for Commission hearings and records to provide that, if the parties so agree, there shall not be required any formal proceedings, including requests for production of documents or requests for admissions, interrogatories, or depositions. (Sec. 10) Repeals OSHA provisions for: (1) the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it; (2) NIOSH research and related activities; and (3) NIOSH training and employee education activities. (Sec. 11) Repeals OSHA provisions relating to the already terminated National Commission on State Workmen's Compensation Laws. (Sec. 12) Revises OSHA conditions for approval of State plans. Makes certain conditions inapplicable if the State has adopted alternative performance measures to assure that its program is at least as effective as the Federal program in assuring safe and healthful employment and places of employment. (Sec. 13) Revises procedures for discrimination protection for whistle-blowers under OSHA. (Sec. 14) Provides for OSHA coverage of Federal agencies. (Sec. 15) Repeals provisions for separate occupational safety and health programs for Federal agencies. (Sec. 16) Authorizes employers to establish alcohol and substance abuse testing programs where there is a reasonable probability that any employee's safety or health could be endangered because of use of alcohol or a controlled substance in the workplace. Requires such programs to conform to specified Federal guidelines. Allows employer pre-employment testing for alcohol or substance abuse under specified circumstances. Authorizes the Secretary to test employees for use of alcohol or controlled substances during any investigation of a work-related fatality or serious injury. (Sec. 17) Repeals titles I, II, III, and V of the Federal Mine Safety and Health Act of 1977 (FMSHA). Transfers the functions, responsibilities, and authorities of: (1) the Mine Safety and Health Administration to the Assistant Secretary of Labor for Occupational Safety and Health; and (2) the Federal Mine Safety and Health Review Commission to the Occupational Safety and Health Review Commission. Deems FMSHA standards to have been promulgated under OSHA. Prohibits the Secretary from enforcing any other standards promulgated prior to the effective date of this Act, with respect to activities, conditions, or processes which were subject to FMSHA. Repeals specified parts of the Code of Federal Regulations (CFR). Prohibits requirements of a specified part of CFR from being enforced with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine. Establishes OSHA requirements for mine safety inspections, enforcement orders, and penalties. Requires the National Mine Health and Safety Academy to be: (1) maintained as an agency of the Department of Labor; and (2) responsible for training of mine safety and health inspectors and technical support personnel, and for any other training programs for mine inspectors, mining personnel, or other personnel designated by the Secretary. (Sec. 18) Revises specified OSHA provisions for recordkeeping, reporting, and statistics. (Sec. 19) Adds definitions of the terms "serious injury" and "industry." (Sec. 20) Directs the Secretary to: (1) report annually to the Congress regarding activities under OSHA, including recommendations to avoid unnecessary duplication and to achieve coordination with other Federal laws; and (2) provide for a means for certification of equipment safety, to be conducted by nongovernmental agencies, unless such agencies with professional or technical personnel or materials and equipment are not available.
United States · United States Congress · 8 June 1995
Medicaid Certification Act of 1995 - Makes certain technical corrections to title XIX (Medicaid) of the Social Security Act, allowing, among other changes, for physician reimbursement for certified osteopathic physician services provided to children and pregnant women enrolled in Medicaid. Makes this Act effective as if included in the Omnibus Budget Reconciliation Act of 1990.
United States · United States Congress · 8 June 1995
Amends the Federal Food, Drug, and Cosmetic Act to repeal the saccharin notice requirement for products that contain saccharin that are not for immediate consumption.
United States · United States Congress · 25 May 1995
Patent Application Publication Act of 1995 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner of Patents. Prohibits, upon request by certain independent inventors, the publication of rejected applications, with specified exceptions, until three months after the Commissioner notifies the applicant. Requires the applicant to certify that no application was or will be filed for the invention in a foreign country. Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim therefor and a certified copy of the original foreign application, specification, and drawings upon which it is based are filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner. Allows the Commissioner to consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim. Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period from publication of the application until issue of the patent: (1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and (2) had actual notice or knowledge of the published patent application. Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is identical to that claimed in the published application. Specifies the commencement date of the period for obtaining a royalty based upon the international publication of an international application designating the United States. Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States, or in a published international application, before the invention thereof by the applicant. Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees. Provides for the extension of the term of a patent the issue which is delayed due to an unusual administrative delay by the PTO. Limits the total duration of all extensions to ten years. Reduces the extension period equal to the time during the processing or examination of the application leading to the patent in which the applicant failed to engage in reasonable efforts (current law provides a reduction for lack of due diligence) to conclude processing or examination of the application. Prohibits the extension of a patent the term of which has been disclaimed beyond the expiration date of the disclaimer.
United States · United States Congress · 25 May 1995
Amends the Migrant and Seasonal Agricultural Worker Protection Act to provide that where State workers' compensation laws are applicable and provide coverage for a migrant or seasonal agricultural worker, workers' compensation benefits shall be the exclusive remedy for actual damages for loss from an injury or death of such a worker for all cases in which a final judgment has not been entered. Provides that this does not preclude recovery for statutory damages or an injunction under such Act.
United States · United States Congress · 24 May 1995
TABLE OF CONTENTS: Title I: Organization of Corporation Title II: Business of Corporation Title III: Provisions Relating to Government National Mortgage Association and Office of Federal Housing Enterprise Oversight Title IV: FHA Improvements Federal Mortgage Insurance Corporation Charter Act - Title I: Organization of Corporation - Establishes the Federal Mortgage Insurance Corporation (the Corporation) as a tax-exempt, self-supporting, wholly owned Government corporation to promote the single family housing market through expanded opportunities for full mortgage insurance and housing credit. (Sec. 104) Charges the Director of the Office of Federal Housing Enterprise Oversight (OFHEO) with regulatory supervision over the financial safety and soundness of the Corporation. Requires the Corporation to submit an annual budget and business plan to OFHEO. (Sec. 109) Places the Corporation within the purview of the Inspector General of the Department of Housing and Urban Development. Requires the Corporation to establish an annual business plan for review by the Congress and the President. (Sec. 112) Directs the Comptroller General to report to the President and the Congress on the impact upon the Corporation of statutory limitations and safety and soundness requirements. (Sec. 113) Authorizes appropriations in an amount each fiscal year equal to the amount of net income from Corporation operations. Title II: Business of Corporation - Limits Corporation authority to provide mortgage insurance or credit enhancement to property that is a one- to four-family dwelling located in the United States. (Sec. 202) Prescribes guidelines for the Corporation to implement a mortgage insurance program under the same statutory limitations applicable to family dwellings carried out by the Secretary of Housing and Urban Development. Prescribes guidelines under which the Secretary shall transfer to the Corporation all assets and obligations relating to the mortgage insurance program for family dwellings. Sets a termination date for the Secretary's mortgage insurance authority. (Sec. 203) Authorizes the Corporation to: (1) provide full mortgage insurance for family dwellings that is not subject to the National Housing Act strictures; and (2) engage in any other method of enhancing credit for mortgages involving family dwellings. (Sec. 204) Subjects the Corporation to certain limitations on business activity. Title III: Provisions Relating to Government National Mortgage Association and Office of Federal Housing Enterprise Oversight - Amends the National Housing Act to make technical changes reflecting the provisions of this Act. (Sec. 302) Amends the Housing and Community Development Act of 1992 to provide for the supervision and regulation of the Corporation. Vests the OFHEO Director with exclusive supervisory and regulatory authority over the safety and soundness of the Corporation, including a mandate to review any proposed new business activity to determine any potential for undercapitalization. Sets forth the Director's supervisory and enforcement parameters. Title IV: FHA Improvements - Amends the National Housing Act to: (1) modify the mortgage insurance eligibility formula for family dwellings; and (2) prescribe guidelines under which the Secretary may delegate the authority to insure mortgages for family dwellings to a mortgagee.
United States · United States Congress · 23 May 1995
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
United States · United States Congress · 12 May 1995
TABLE OF CONTENTS: Title I: Cancellation and Suspension Title II: Minor Use Crop Protection Act of 1995 Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellations, changes in classifications, or other terms of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Denies registration applications that are not in compliance with this Act. Title II: Minor Use Crop Protection Act of 1995 - Minor Use Crop Protection Act of 1995 - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is less than 300,000 acres; or (2) the Administrator determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, the alternatives pose greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or the alternatives pose greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures - Directs the Secretary of Agriculture, in consultation with the Administrator and the Secretary of Health and Human Services, to coordinate the development and implementation of survey procedures to ensure collection of adequate data on food consumption patterns of infants and children. Requires residue surveillance activities of the Department of Agriculture to provide for the improved surveillance of pesticide residues, including increased sampling of foods most likely consumed by infants and children. Directs the Secretary of Agriculture to: (1) collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 11 May 1995
National Senior Citizens Pet Ownership Protection Act - Amends the Housing and Urban-Rural Recovery Act of 1983 to prohibit owners and managers of federally assisted rental housing from preventing elderly and disabled tenants from owning or having household pets.
United States · United States Congress · 11 May 1995
Sets forth the congressional budget for FY 1996, including the appropriate budgetary levels for FY 1997 through 2002. Sets forth recommended budgetary levels for Federal revenues, total new budget authority, total budget outlays, budget deficits, public debt, and Federal credit activity. (Sec. 3) Sets forth for each major functional category the appropriate levels of new budget authority, budget outlays, new direct loan obligations, new primary loan guarantee commitments, and new secondary loan guarantee commitments for FY 1996 through 2002. (Sec. 4) Requires House committees to submit their recommendations on the budget to the House Budget Committee which shall then report a reconciliation measure to the House of Representatives which shall carry out such recommendations without substantive revisions. (Sec. 5) Expresses the sense of the House of Representatives that legislation should be enacted that: (1) prohibits surplus social security payroll taxes from being used to balance the budget or reduce the deficit; (2) sets aside such surplus funds to protect and preserve the social security system; (3) establishes a bipartisan commission to oversee the protection of these funds; and (4) provides that social security funds that are now part of the public debt be repaid. (Sec. 6) Declares that Congress should enact a plan that balances the budget and pays off the public debt.
United States · United States Congress · 9 May 1995
Job Skill Development Act of 1995 - Amends the Fair Labor Standards Act of 1938 to exempt from minimum wage and overtime requirements individuals who volunteer to perform services for an employer for not more than 1,040 hours or six months, if no regular employee is affected in specified ways and if other conditions are met.
United States · United States Congress · 3 May 1995
False Identification Act of 1995 - Amends the Federal criminal code to reduce the minimum number of documents to three (currently, five) for certain offenses involving fraud and related activity in connection with identification documents. Sets criminal penalties for knowingly sending through the mails or producing, with the intention or knowledge that it will be deposited for mailing, any unverified identification document that bears a birth date showing the individual named in the document to be 21 years of age or older, when in fact that individual has not attained age 21.
United States · United States Congress · 7 April 1995
Propane Education and Research Act of 1995 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not to exceed the average annual salary of Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.
United States · United States Congress · 7 April 1995
Consumer Fraud Prevention Act of 1995 - Amends the Federal criminal code to subject to civil forfeiture any property constituting, derived from, or traceable to any proceeds obtained as a result of telemarketing fraud. Directs that any such property or proceeds be used to the extent needed, as determined by the Attorney General, for the national telemarketing fraud information hotline (established under the Violent Crime Control and Law Enforcement Act of 1994) and other enforcement of telemarketing fraud provisions. Directs the court, in sentencing for telemarketing fraud, to order that the offender forfeit to the United States any property constituting or derived from proceeds obtained as a result of the offense. Specifies that the payment of an amount due pursuant to mandatory restitution for telemarketing fraud shall have priority over the payment of fines or the forfeiture of property under criminal forfeiture provisions. Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase by two levels: (1) the vulnerable victim adjustment; and (2) the level for any fraud offense if the defendant conducted activities to further the fraud from a foreign country in order to impede prosecution. Requires any presentence report required under the Federal Rules of Criminal Procedure to include information about the age of each victim of each fraud offense for which a defendant is convicted.
United States · United States Congress · 7 April 1995
Citizens' Protection From Violent Crime Act of 1995 - Amends the Federal criminal code to set mandatory prison terms for possessing, brandishing, or discharging a firearm or destructive device during a Federal or State crime that is a serious violent felony or serious drug offense, with exceptions involving defense of person or property during the course of a crime committed by another person. Sets forth penalties for second or subsequent convictions. Bars the court from imposing probation or a concurrent term of imprisonment for offenses under this Act. Prohibits releasing any such individual for any reason during a term of imprisonment imposed under this Act. Requires the court to sentence a person convicted of transporting, receiving, or possessing a firearm or ammunition in interstate commerce to not less than five years in prison if the person has a prior conviction for a serious violent felony and not less than ten years in prison if the person has two such prior convictions. Makes certain serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Includes within the definition of "crime of violence" specified offenses relating to the possession of explosives and firearms by convicted felons. Directs the Attorney General to establish an armed violent criminal apprehension program. Declares that a person not prohibited by Federal law from receiving a firearm shall have the right to use firearms within a home in defense of self or other persons against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury. Authorizes a person whose right is violated to bring an action in U.S. district court against a person or government. Sets forth provisions regarding attorney's fees and the statute of limitations. Repeals the ban on semiautomatic firearms and on large capacity ammunition feeding devices under the Violent Crime Control and Law Enforcement Act of 1994.
United States · United States Congress · 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 · 30 March 1995
Citizenship Reform Act of 1995 - Amends the Immigration and Nationality Act do deny automatic U.S. citizenship at birth to children born in the United States to parents who are not U.S. citizens or permanent resident aliens.
United States · United States Congress · 22 March 1995
FDA Export Reform and Enhancement Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to modify the circumstances in which a drug, device, or biological product (including a partially processed biological product) may be exported.
United States · United States Congress · 21 March 1995
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that require employees to pay union dues or fees as a condition of employment.
United States · United States Congress · 16 March 1995
Reaffirms that the status quo on Cyprus is unacceptable and welcomes the appointment of a Special Presidential Emissary for Cyprus. Insists that all parties to the dispute regarding Cyprus agree to seek a solution based upon the relevant United Nations (UN) resolutions and reaffirms that all foreign troops should be withdrawn from the Republic of Cyprus. Encourages the UN Security Council and the U.S. Government to consider alternative approaches to promote a resolution of the dispute regarding Cyprus based upon relevant Security Council resolutions.
United States · United States Congress · 15 March 1995
Highway Mandates Repeal Act of 1995 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal provisions relating to the use of asphalt pavement containing recycled rubber.
United States · United States Congress · 14 March 1995
Amends the Fair Labor Standards Act of 1938 to apply an overtime exemption to employees of any establishment (currently, any retail or service establishment) whose regular rate of pay exceeds one and one-half times the minimum wage and more than half of whose compensation represents commissions on goods or services.
United States · United States Congress · 8 March 1995
Establishes the Deficit Reduction Trust Fund, consisting of amounts contained in deficit reduction lock box provisions of appropriations Acts. Reduces discretionary spending limits by amounts transferred to the Fund. Amends the Congressional Budget Act of 1974 to require that amounts resulting from reduced spending under general appropriations bills be placed in the Fund. Requires the Congressional Budget Office to score all general appropriations measures as passed by the House and Senate and to publish such scorecard in the Congressional Record.
United States · United States Congress · 8 March 1995
Amends the Internal Revenue Code to declare that unrelated trade or business does not include the activity of soliciting and receiving qualified sponsorship payments for purposes of the tax on unrelated business income of charitable and other tax-exempt organizations.
United States · United States Congress · 8 March 1995
Nullifies any executive order or other rule or order that prohibits Federal contracts with, requires the debarment of, or imposes other sanction on a contractor on the basis that such contractor or an organizational unit thereof has permanently replaced lawfully striking workers.
United States · United States Congress · 8 March 1995
Constitutional Amendment - Makes persons who have been elected to the: (1) Senate two times ineligible for election to the Senate; and (2) House of Representatives six times ineligible for election to the House. Provides that election before this article is ratified shall not be taken into account, but makes valid any State limitation on service for Members of Congress, provided such limitation does not exceed the limitation set forth by this amendment.
United States · United States Congress · 3 March 1995
Medical Procedures Innovation and Affordability Act - Prohibits the issuance of a patent for any invention or discovery of a technique, method, or process for performing a surgical or medical procedure, administering a surgical or medical therapy, or making a medical diagnosis. Provides that if a technique, method, or process is performed by or as a necessary component of a machine, manufacture, or composition of matter or improvement which is itself patentable subject matter, the patent on such machine, manufacture, or composition may claim the technique, method, or process.
United States · United States Congress · 3 March 1995
Constitutional Amendment - Prohibits total outlays in any fiscal year from increasing by a percentage greater than the percentage increase in nominal gross domestic product in the last calendar year ending prior to the beginning of such fiscal year. Prohibits total outlays in any fiscal year from exceeding the ratio of the outlays in the fiscal year at the time of submission of this proposed amendment to the States to gross domestic product in the last calendar year ending prior to the fiscal year at the time of submission to the States, times gross domestic product in the last calendar year ending prior to the fiscal year for which this limitation is being calculated. Declares that total receipts includes all receipts of the United States except those derived from borrowing, and total outlays includes all outlays of the United States, both on-budget and off-budget, except those for the repayment of debt principal. Requires inflation to be measured by the gross domestic product deflator. Declares that total outlays include the cost to any State or local government of engaging in any activity or service mandated by any law of the United States beyond that required by existing law or the Constitution at the time of the submission of this proposed amendment to the States, unless an appropriation is made and disbursed to pay that State or local government for such cost. Requires that for any fiscal year in which total receipts exceed total outlays, the surplus shall be used to reduce the public debt until such debt is eliminated. Requires the President, prior to each fiscal year, to transmit to the Congress a proposed statement of receipts and outlays for such fiscal year consistent with this Act. Authorizes the Congress, following a declaration of an emergency by the President and with a two-thirds vote of both Houses, to authorize a specified amount of emergency outlays in excess of the limit. Prohibits, for each of the first four fiscal years after ratification of this amendment, total grants to States and local governments from being a smaller fraction of total outlays than the average of the three fiscal years prior to ratification. Provides for the enforcement of this amendment by a Member of Congress or the President, in an action brought in the United States District Court for the District of Columbia.
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 · 2 March 1995
TABLE OF CONTENTS: Title I: Consolidation of Federal Employment Assistance Programs Subtitle A: Block Grants to States Subtitle B: Consolidation and Repeal of Certain Federal Employment Assistance Programs Subtitle C: Effective Dates Title II: Notice of Availability of Earned Income Credit Title III: Repeal of Temporary Futa Surtax Employment Enhancement Reform Act - Title I: Consolidation of Federal Employment Assistance Programs - Subtitle A: Block Grants to States - Establishes a block grant program to prepare individuals for employment by increasing their occupational and educational skills. Authorizes the Secretary of Labor to make such grants, for up to five-year periods subject to annual approval and availability of appropriations, to States to provide employment assistance to eligible individuals. Reserves funds for grants to Indian tribes and migrant and seasonal farmworker organizations. (Sec. 103) Allocates such grants to States on the basis of relative numbers of: (1) unemployed in areas of substantial unemployment; (2) excess unemployed; and (3) economically disadvantaged adults. (Sec. 104) Sets forth requirements for applications, use of grants, and conduct of State programs. Requires State programs to provide employment assistance to the following types of eligible individuals: (1) economically disadvantaged and 14 years or older; (2) certain types of dislocated workers; (3) individuals with disabilities; (4) Armed Forces members being separated under other than adverse conditions; (5) unemployed veterans; and (6) displaced homemakers. Requires States to: (1) profile and evaluate individuals to determine the employment assistance services to be provided; (2) notify individuals of other sources of supportive services; (3) provide appropriate employment assistance, within specified limits; (4) monitor rates of individuals successfully obtaining employment after separation from the program, according to specified criteria; and (5) establish one-stop-shop centers throughout the State for program information and profiling and evaluation. Authorizes certain discretionary activities under State programs. (Sec. 107) Directs the Secretary to make biennial determinations of State success in placing individuals in employment. Authorizes reduction or termination of payments when a State has not been successful, and reinstatement or increase of payments when a State implements appropriate modifications of its program. (Sec. 110) Authorizes appropriations. Subtitle B: Consolidation and Repeal of Certain Federal Employment Assistance Programs - Chapter 1: Consolidation of Programs - Amends the Stewart B. McKinney Homeless Assistance Act to eliminate community mental health services demonstration projects for homeless individuals who are chronically mentally ill. (Sec. 112) Amends the Rehabilitation Act of 1973 to add requirements for State collaborative programs of supported employment services for individuals with the most severe disabilities, special recreation activities and services, and projects with industry. Repeals other provisions for special project grants for supported employment programs, special recreational programs, projects with industry, and supported employment services for individuals with severe disabilities. Chapter 2: Repeal of Programs - Repeals Higher Education Act of 1965 provisions for special programs for students whose families are engaged in migrant and seasonal farm work. (Sec. 122) Repeals: (1) the disabled veterans outreach program and the local veterans employment representative program under Federal law relating to veterans; and (2) the homeless veterans reintegration project under the Stewart B. McKinney Homeless Assistance Act. (Sec. 123) Repeals: (1) the Foster Grandparent and Senior Companion programs under the Domestic Volunteer Service Act; (2) employment and training program provisions under the Food Stamp Act of 1977 (but allowing college students who are parents responsible for care of a dependent child under age six to be eligible for the food stamp program); and (3) the older American community service employment program under the Older Americans Act of 1965. (Sec. 124) Repeals the Job Training Partnership Act, except those provisions relating to the Job Corps. Authorizes appropriations for the Job Corps. (Sec. 125) Repeals the Appalachian vocational and other educational facilities and operations program under the Appalachian Regional Development Act of 1965. (Sec. 126) Repeals certain provisions relating to rules for computing the targeted jobs credit under the Internal Revenue Code. (Sec. 127) Repeals the JOBS (Job Opportunities and Basic Skills training) program provisions for recipients of AFDC (Aid to Families With Dependent Children) under the Social Security Act. (Sec. 128) Repeals: (1) the Service Members Occupational Conversion and Training Act of 1992; (2) the Adult Education Act; (3) the Carl D. Perkins Vocational and Applied Technology Education Act; (4) the National Literacy Act of 1991; and (5) the Indian Employment, Training and Related Services Demonstration Act of 1992. (Sec. 133) Repeals special programs relating to adult education for Indians, under the Indian Education Act of 1988. (Sec. 134) Repeals special Social Security Act provisions relating to Indian tribes and JOBS training programs. (Sec. 135) Repeals provisions for the VISTA Literacy Corps under the Domestic Volunteer Service Act of 1973. (Sec. 136) Repeals: (1) the Wagner-Peyser Act (employment agencies); (2) the adult education for the homeless grants program and the job training for the homeless demonstration grants program under the Stewart B. McKinney Homeless Assistance Act; (3) the trade adjustment assistance for workers program under the Trade Act of 1974; (4) FY 1993 and 1994 authorizations of appropriations for certain grants, as well as certain technical assistance conditions, under the Homeownership and Opportunity through HOPE Act; and (5) the State legalization impact-assistance grants program under the Immigration Reform and Control Act of 1986. Subtitle C: Effective Dates - Sets forth effective dates. Title II: Notice of Availability of Earned Income Credit - Amends the Social Security Act and the Food Stamp Act of 1977 to require that notice of availability of the earned income tax credit be provided to applicants for and former recipients of AFDC, Medicaid, or food stamps. (Sec. 202) Amends the Omnibus Budget Reconciliation Act of 1990 to require printing of a notice of the availability of the earned income tax credit and the dependent care tax credit on W-4 forms for employee withholding exemptions. Title III: Repeal of Temporary FUTA Surtax - Repeals the temporary FUTA (Federal Unemployment Tax Act) surtax under the Internal Revenue Code.
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 · 14 February 1995
TABLE OF CONTENTS: Title I: Seeking Sanctions Against the Castro Government Title II: Assistance to a Free and Independent Cuba Title III: Protection of American Property Rights Abroad Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Title I: Seeking Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; and (2) efforts by any state to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to and relations with such state. (Sec. 102) Reaffirms a provision of the Cuban Democracy Act of 1992 that states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Declares that the President should instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. (Sec. 103) Prohibits any U.S. person from extending any loan or other financing to a foreign person that traffics in property confiscated by the Cuban Government the claim to which is owned by a U.S. person. Terminates such prohibition upon termination of the economic embargo of Cuba. (Sec. 104) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to oppose the admission of Cuba as a member of such institutions until Cuba holds free and fair democratic elections. Requires the President to support Cuba's membership in such institutions during the period that a transition government is in power, subject to the membership taking effect after a democratically-elected government is in power. Reduces U.S. payments to institutions that approve assistance to Cuba over the opposition of the United States. (Sec. 105) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Withholds from assistance allocated for an independent state an amount equal to the assistance and credits provided by such state in support of military and intelligence facilities in Cuba. (Sec. 106) Requires the Director of the U.S. Information Agency to implement a conversion of television broadcasting to Cuba under the Television Marti Service to ultra high frequency broadcasting. (Sec. 107) Directs the President to report annually to the appropriate congressional committees on assistance and commerce received by Cuba from other foreign countries. (Sec. 108) Prohibits the importation into U.S. customs territory of any sugars, syrups, and molasses that are the product of a country that has imported Cuban sugar, syrups, or molasses. Makes such prohibition inapplicable if such country certifies to the President that it will not import Cuban sugar, syrups, or molasses until free and fair elections are held in Cuba. Authorizes the President to reallocate to other countries the quota of sugars, syrups, and molasses allocated to such a country during the period in which a prohibition is in effect. Title II: Assistance to a Free and Independent Cuba - Requires the President to develop a plan for providing economic assistance to Cuba at such time that a transition or a democratically-elected government is in power. Limits assistance for a transition government to humanitarian assistance, specified assistance comparable to that provided under the Foreign Assistance Act of 1961 for the economic and democratic development of the independent states of the former Soviet Union, and military adjustment assistance. Expands assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratically-elected government is in power. (Sec. 202) Requires the President to take steps to: (1) obtain the agreement of other countries, international financial institutions, and multilateral organizations to provide comparable assistance to Cuba; and (2) encourage the Organization of American States (OAS) to create a special emergency fund for deploying human rights observers and election support and observation in Cuba. Withholds up to $5 million of U.S. arrearages to the OAS until the OAS agrees to make available an equivalent amount for the special fund. Directs the President to determine whether to designate Cuba as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act. Permits such designation only after a democratically-elected government is in power. Amends such Act to make Cuba eligible for such designation. Requires the President, upon transmittal to the Congress of a determination that a democratically-elected government is in power, to: (1) enter into a preliminary agreement with Cuba providing for extension of the North American Free Trade Agreement or to seek the creation of an economic community with Cuba; and (2) designate a United States-Cuba Council to ensure coordination between the U.S. Government and private sector in responding to change and promoting market-based development in Cuba and to establish periodic meetings between the U.S. and Cuban private sectors for facilitating bilateral trade. (Sec. 204) Authorizes appropriations. (Sec. 205) Terminates the U.S. economic embargo against Cuba upon the President's transmittal to the Congress of a determination that a democratically-elected government is in power in Cuba. (Sec. 206) Sets forth conditions under which a government in Cuba will be considered transitional or democratic. Title III: Protection of American Property Rights Abroad - Amends the Immigration and Nationality Act to exclude from the United States aliens involved in the confiscation of property owned by U.S. persons. (Sec. 302) Sets forth provisions regarding liability for damages owed to U.S. persons by persons or governments trafficking in confiscated property. Grants U.S. district courts exclusive jurisdiction over such actions. (Sec. 303) Amends the International Claims Settlement Act of 1949 to authorize a U.S. national to bring a claim resulting from expropriation actions of the Cuban Government to the Foreign Claims Settlement Commission for certification of the amount and validity whether or not the U.S. national qualified as a U.S. national at the time of the action. Requires claimants to be U.S. nationals at the time of confiscation in the case of property confiscated after the date of enactment of this section.
United States · United States Congress · 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 · 3 February 1995
Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard.