United States · United States Congress · 13 March 1996
Independent Contractor Tax Simplification Act of 1996 - 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, a payor shall not be treated as an employer, and compensation paid or received for such service shall not be treated as paid or received with respect to employment if certain conditions are met.
United States · United States Congress · 13 March 1996
Expresses: (1) admiration of the legacy of the late Israeli Prime Minister Yitzhak Rabin and his contribution to the special relationship between the United States and Israel; and (2) the sense of the Congress that the American Promenade in Israel be named in memory of him.
United States · United States Congress · 7 March 1996
Ward Valley Land Transfer Act - Directs the Secretary of the Interior to convey to the California Department of Health Services specified lands in San Bernardino County, California, known as the Ward Valley Site, upon the tendering to: (1) the Secretary of the Treasury of $500,100 on behalf of California; and (2) the Chairman of the Nuclear Regulatory Commission of a written commitment by California to carry out environmental monitoring and protection measures, based on recommendations of the National Academy of Sciences, subject to Federal oversight by the Commission.
United States · United States Congress · 6 March 1996
Deplores the missile tests that the People's Republic of China (PRC) will conduct from March 8 through 15, 1996, as a threat to the peace, security, and stability of Taiwan and as not being in the spirit of the three U.S.-China Joint Communiques. Calls for the Government of the PRC to cease its bellicose actions directed at Taiwan and enter into meaningful dialogue with the Government of Taiwan at the highest levels with an eye toward decreasing tensions and resolving the issue of the future of Taiwan. Urges the President to consult with the Congress on an appropriate U.S. response to the tests and to reexamine the nature and quantity of defense articles and services that may be necessary to enable Taiwan to maintain a sufficient self-defense capability in light of the heightened threat.
United States · United States Congress · 27 February 1996
TABLE OF CONTENTS: Title I: General Provisions Title II: Assistance for Education of All Children with Disabilities Title III: Systems Change Title IV: Research and Personnel Preparation Title V: Technical Assistance, Support, and Dissemination of Information Title VI: Infants and Toddlers with Disabilities Individuals with Disabilities Education Act Amendments of 1996 - Revises the Individuals with Disabilities Education Act (IDEA) and extends its authorization of appropriations through FY 2002. Title I: General Provisions - Revises IDEA to declare that the right to equal educational opportunities for all children with disabilities is guaranteed by the equal protection clause of the 14th Amendment to the Constitution. (Sec. 103) Allows the Office of Special Education Programs to accept voluntary and uncompensated services. (Sec. 104) Revises requirements for: (1) prescribing regulations; (2) eligibility for financial assistance; and (3) discretionary grant programs. Requires the Secretary of Education to develop and implement a comprehensive plan for activities under titles IV and V of this Act. Provides for specified enhanced services to children with disabilities. Lists entities eligible for awards. Authorizes the Secretary to limit, without rulemaking, competitions to projects that give priority to one or more targeted areas, if each project addresses the needs of children with disabilities and their families. Provides for application management, including a peer review process. Authorizes the Secretary to use certain funds for: (1) payments to nonfederal entities for administrative support; (2) Federal employees to monitor projects; and (3) evaluation of program activities carried out under these programs. (Sec. 107) Repeals IDEA provisions for: (1) acquisition of equipment and construction of necessary facilities; and (2) grants for the removal of architectural barriers. Title II: Assistance for Education of All Children with Disabilities - Revises entitlements and allocations for assistance for education of all children with disabilities. (Sec. 201) Authorizes States to determine whether to make subgrants smaller than a specified minimum amount to some local education agencies (LEAs). (Sec. 202) Revises and consolidates State eligibility and planning provisions. Provides that, if a child with a disability qualifies for special education, that child does not have to be classified by a specific impairment or condition. Requires the State educational agency (SEA) to: (1) examine data to determine if significant racial disproportionality is occurring in the identification or placement of children under IDEA; and (2) review and revise policies accordingly. Provides that, if a hearing officer agrees with the parents' unilateral placement of a child with a disability in a private school, the LEA may be required to reimburse the parents. Requires a non-educational agency, if it is responsible for services necessary to ensure a free appropriate public education for children with disabilities, to pay for or provide such services directly or by contract or other arrangements. Requires States to: (1) ensure that interagency agreements or other mechanisms are in effect between educational agencies and non-educational agencies for defining respective financial responsibilities, resolving interagency disputes, and interagency coordination; and (2) establish a mechanism by which LEAs may seek reimbursement from agencies for the costs of providing related services. Revises requirements for a comprehensive system of personnel development. Allows LEAs to use appropriately trained and supervised paraprofessionals. Requires States to: (1) establish performance goals and indicators for children with disabilities; (2) ensure that these children participate in general State and district-wide assessments, with appropriate accommodations, where necessary; and (3) develop guidelines for participation in alternative assessments for those children who cannot participate in such general State and district-wide assessments. Consolidates funding and public participation requirements. Revises requirements for State advisory panels and their duties. Repeals requirements for three-year State plans. (Sec. 203) Revises LEA and SEA eligibility and maintenance of effort requirements, with specified exceptions. Allows specified activities, regardless of certain excess cost and noncommingling of funds requirements, including: (1) incidental benefits to non-disabled students; (2) simultaneous services on a space-available basis to non-IDEA-eligible children with disabilities protected under the Americans with Disabilities Act (ADA); (3) a coordinated services system that links education, health, and social welfare services, systems, and entities to improve educational and transitional results for all children and their families; and (4) a school-based improvement plan. Revises requirements for LEA involvement with a State's Comprehensive System of Personnel Development. (Sec. 204) Revises and consolidates specified requirements for State and local administration of evaluations, reevaluations, individualized education programs (IEPs), and educational placements. Revises IEP content to: (1) focus on measurable annual objectives; and (2) emphasize ensuring that each child, as appropriate, has the opportunity to progress in the general curriculum, and to participate with nondisabled children in various environments. Requires consideration of transition services needs: (1) for all students with disabilities beginning at age 14 (or younger, under specified circumstances); (2) under the applicable components of the IEP; and (3) in light of the student's participation in the general curriculum. Provides for transfer of rights at the age of majority. (Sec. 205) Repeals certain IDEA provisions relating to Elementary and Secondary Education Act of 1965 (ESEA) State agencies. (Sec. 206) Revises procedural safeguards, including provisions for written notices to parents. Requires States to make mediation available to parents of children with disabilities in disputes with LEAs on any matter regarding the identification, evaluation, or educational placement of a child or the provision of free appropriate public education. Permits the transfer of parental rights to a student with disabilities upon reaching the age of majority under State law. Requires the State to have procedures for appointing the parent or another person to represent the student's interests if, under State law, such a student is determined not to have the ability to provide informed consent. (Sec. 207) Revises requirements for: (1) withholding of payments to non-compliant States and judicial review of such determinations; (2) rulemaking on compliance and eligibility; (3) evaluation and program information; (4) preschool grants; and (5) payments. (Sec. 209) Requires the Secretary to: (1) conduct studies and evaluations to assess the effectiveness of efforts to provide free appropriate public education and early intervention services, including assessing the placement of children with disabilities by disability category; and (2) conduct a longitudinal study that measure the educational and transitional services provided to and results achieved by children with disabilities under IDEA. Title III: Systems Change - Establishes a program to promote systems change to improve educational and transitional services and results for children with disabilities. Authorizes competitive grants to SEAs, in partnership with LEAs and other interested individuals, agencies, and organizations, to improve such services and results on a system-wide basis. Allows grant recipients to collaborate in systems change activities with those in other States, through joint arrangements with institutions of higher education and sharing of staff and consultants. Requires coordination with this program of activities under titles IV and V. Authorizes appropriations. (Sec. 302) Extends authorities and authorizations of appropriations relating to centers and services to meet special needs of individuals with disabilities, including regional centers for the deaf. Title IV: Research and Personnel Preparation - Establishes a new program (in part by consolidating certain current activities) for improving early intervention, educational, and transitional services and results for children with disabilities through coordinated research and personnel preparation. (Consolidates current part D personnel preparation provisions and current part E research provisions.) (Sec. 401) Authorizes research and innovation grants and contracts for: (1) new knowledge production in learning styles, instructional approaches, behavior management, assessment tools, assistive technology, program accountability and personnel preparation models; (2) integration of research and practice, through demonstration and dissemination of successful practice; and (3) improvement in the use of professional knowledge by teachers, parents, and others in their classrooms and other learning settings. Authorizes personnel preparation grants and contracts in the areas of: (1) high incidence disabilities, such as learning disabilities, mental retardation, and behavior disordered groups; (2) leadership preparation; (3) low-incidence disabilities, such as sensory impairment, multiple disabilities, and severe disabling conditions; and (4) projects of national significance. (Sec. 402) Makes conforming amendments to the Higher Education Act of 1965, Goals 2000: Educate America Act, and the Rehabilitation Act of 1973. (Sec. 403) Extends the authorization of appropriations for training personnel for the education of individuals with disabilities. Title V: Technical Assistance, Support, and Dissemination of Information - Establishes a new program (in part by consolidating certain current activities) for improving early intervention, educational, and transitional services and results for children with disabilities through coordinated technical assistance, support, and dissemination of information. (Sec. 501) Authorizes grants and contracts for: (1) parent training and information centers and community programs; (2) coordinated technical assistance, support, and dissemination; and (3) technology and media activities. Authorizes appropriations. (Sec. 502) Makes conforming amendments to IDEA and the Developmental Disabilities Assistance and Bill of Rights Act. (Sec. 503) Extends various authorities and authorizations of appropriations. Title VI: Infants and Toddlers with Disabilities - Revises the program for infants and toddlers with disabilities, with respect to: (1) encouraging States to expand opportunities for infants and toddlers with disabilities who are at risk of having substantial developmental delays if early intervention services are not provided; (2) continuing eligibility; (3) statewide system requirements; (4) the individualized family service plan; (5) allocation and use of funds; (6) procedural safeguards; (7) State Interagency Coordinating Council duties; and (8) Federal Interagency Coordinating Council (FICC) membership and duties. (Sec. 615) Directs the FICC to convene a panel of experts to develop recommendations for a model definition of developmental delay. Allows the use of funds for referring at risk infants and toddlers, in those States not currently serving them, to other IDEA services. Permits planning for transition to preschool services to begin up to six months before the child's third birthday, if parents and agencies agree. (Sec. 616) Authorizes appropriations.
United States · United States Congress · 27 February 1996
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
United States · United States Congress · 9 February 1996
Urges the Government of Iran to extend to the Baha'i community the rights guaranteed by the Universal Declaration of Human Rights and the international covenants on human rights. Calls upon the President to continue to: (1) assert the U.S. Government's concern regarding Iran's violations of the rights of its citizens, including members of the Baha'i community, along with expressions of concern regarding the Iranian Government's support for international terrorism and its efforts to acquire weapons of mass destruction; (2) emphasize that the United States regards the human rights practices of the Iranian Government, particularly its treatment of the Baha'i community and other religious minorities, as a significant factor in the development of U.S.-Iranian relations; (3) urge the Iranian Government to emancipate the Baha'i community by granting those rights guaranteed by the Universal Declaration of Human Rights and the international covenants on human rights; and (4) encourage other governments to continue to appeal to the Government of Iran, and to cooperate with other governments and international organizations, in efforts to protect the religious rights of the Baha'is and other minorities in Iran.
United States · United States Congress · 7 February 1996
Title I: Small Reclamation Water Resources Project Act of 1995 - Requires any Federal water resources development project sponsor applying for assistance under this Act to submit a project proposal to the Secretary of the Interior. Requires the payment of certain fees with such proposal. Outlines proposal contents, including the requirement of a plan and estimated cost comparable to those included in preauthorization reports required for a Federal reclamation project. Directs the Secretary to require each project sponsor to contribute toward the cost of a project at least 25 and no more than 40 percent of total project costs. Provides various time limitations with respect to proposal determinations. Limits loan terms to no less than 15 and no more than 25 years, unless agreed to by both parties. (Sec. 106) Outlines contract terms and conditions, to be negotiated by the Secretary, upon approval of any project proposal. Authorizes the head of any Federal department or agency to make available to the project sponsor any appropriate information and material useful to the planning, design, construction, or operation and maintenance of the project concerned. Requires project planning and construction to be in compliance with the Fish and Wildlife Coordination Act. (Sec. 111) Authorizes appropriations for FY 1998 through 2007. Title II: Small Reclamation Water Resources Partnership Program - Establishes within the Department of the Interior's Bureau of Reclamation the Small Reclamation Water Resources Management Partnership Program for a small grant and loan program. Limits grants to $5 million for a single project, to be matched on a 50-50 basis. Authorizes appropriations for FY 1998 through 2002 for such loans and grants. Limits loans to $1.5 million per project, requiring them to be repaid within a five-year period into a revolving loan fund to be established in the Treasury. (Sec. 204) Makes the following activities eligible for grants or loans under this title: (1) water conservation; (2) fish and wildlife enhancement; (3) public safety; (4) public outdoor recreation; and (5) archaeological surveys. Authorizes the Secretary to add to such list as considered appropriate, requiring 60 days' prior notice and publication of the proposed additions. Requires each applicant to submit a Notice of Intent to the appropriate Regional Director of the Bureau outlining the proposed project and public benefits thereof. Requires the Regional Director to approve or reject such application within 90 days. Outlines required contents of project proposals. Makes the applicant solely responsible for planning, constructing, operating, and maintaining an approved project.
United States · United States Congress · 7 February 1996
Amends the Small Reclamation Projects Act of 1956 to authorize the Secretary of the Interior to provide loan guarantees to the developers, including non-governmental entities, of water supply, conservation, quality, and transmission projects. Limits the maximum contingent liability outstanding at any time pursuant to such guarantees in the aggregate to $500 million.
United States · United States Congress · 1 February 1996
Amends the Fair Labor Standards Act of 1938 to exempt from minimum wage and overtime compensation provisions employees of nonprofit institutions who: (1) are employed to serve as houseparents for abused, neglected, delinquent, homeless, or emotionally impaired children residing at facilities of such institutions; (2) reside with such children at such facilities for at least 72 hours a week; (3) receive free board and lodging from such enterprises; and (4) are compensated at an annual rate of at least $8,000.
United States · United States Congress · 26 January 1996
Clinical Research Enhancement Act of 1996 - Amends the Public Health Service Act to direct the President to establish the President's Clinical Research Panel, as part of the Office of Science and Technology Policy (OSTP), to evaluate the status of the U.S. clinical research environment. Authorizes appropriations. Requires the Advisory Committee to the Director (of the National Institutes of Health (NIH)) on Clinical Research to report to the Director and to the Panel and to implement recommendations as the Committee determines necessary to remedy NIH clinical research deficiencies. Terminates the Committee five years after enactment of this Act. Requires the OSTP to review the compositions, functions, and outcomes of study section activities at all Federal agencies as such activities relate to clinical research proposals for investigator-initiated support. Authorizes appropriations. Requires the Director to undertake activities to: (1) support and expand NIH's clinical research involvement; (2) support and expand available resources; and (3) establish certain peer review mechanisms. Mandates grants for: (1) the establishment of general clinical research centers to provide the infrastructure for clinical research training and career enhancement; (2) clinical research career enhancement awards; and (3) innovative medical science awards to support individual clinical research projects. Authorizes appropriations. Increases the maximum aggregate number of contracts that may be made under existing provisions relating to: (1) undergraduate scholarships regarding professions needed by NIH; and (2) loan repayments regarding clinical researchers (currently, clinical researchers from disadvantaged backgrounds). Authorizes appropriations for the loan repayment program. Requires a health plan to cover the participation of individuals in investigational therapy in specified circumstances.
United States · United States Congress · 26 January 1996
Agricultural Market Transition Act of 1996 - Subtitle A: Agricultural Market Transition Program - Authorizes the Secretary of Agriculture (Secretary) to enter into production flexibility contracts through crop year 2002 with eligible agricultural operators and owners with respect to conservation, wetlands, and planting flexibility requirements. Requires contracts to be entered into by April 15, 1996, with certain exceptions for conservation reserve lands. Defines eligible "owners and operators" and "farmland." Sets forth: (1) contract payment amounts for each of FY 1996 through 2002 and allocation amounts for wheat, corn, grain sorghum, barley, oats, upland cotton, and rice; and (2) annual payment rate factors. Permits any commodity or crop to be planted on contract acreage with special provisions and limitations for fruit and vegetables, haying and grazing, alfalfa, and legumes. (Sec. 14) Directs the Secretary to make nonrecourse marketing assistance loans for crop years 1996 through 2002 to producers of wheat, feed grains (corn, grain sorghum, barley, and oats), upland and extra long staple cotton, and oilseeds (sunflower, canola, rapeseed, safflower, mustard, flaxseed, and other oilseeds). Sets forth commodity loan rate, term, and repayment provisions. Directs the Secretary to make loan deficiency payments to producers (of other than extra long staple cotton) who forego obtaining such nonrecourse loans in an amount equal to the difference between a commodity's loan rate and repayment level. Establishes special marketing loan provisions for upland cotton, including: (1) cotton user marketing certificates; (2) a special import quota; and (3) a limited global import quota for upland cotton. (Sec. 15) Establishes fiscal year payment limitations for individuals of: (1) $40,000 for flexibility contracts; and (2) $75,000 for marketing loan and loan deficiency payments. (Sec. 16) Directs the Secretary to: (1) make nonrecourse loans available to quota peanut producers at $610 per ton and to additional peanut producers at appropriate rates; (2) make related warehouse storage loans available; (3) provide for marketing area pools for quota and additional peanuts, with separate pools for New Mexico-produced Valencia peanuts; (4) require that all domestic and export peanuts comply with specified quality standards; and (5) provide for a nonrefundable marketing assessment. Provides that: (1) net gains from each marketing pool shall be distributed only to pool producers; and (2) losses in quota pools shall be covered using a specified order of priority. Prohibits the Secretary from making quota peanut loans if producers have disapproved poundage quotas. Amends the Agricultural Adjustment Act of 1938 with regard to the peanut program to: (1) extend peanut quota provisions through crop year 2002; (2) eliminate the minimum national poundage quota; (3) eliminate seed peanuts from the national poundage quota determination; (4) create a temporary quota allocation for seed peanuts; (5) eliminate the Texas increased quota allocation; and (5) authorize transfers of additional peanuts to the quota pool where natural disasters prevented quota poundage harvesting and marketing. (Sec. 17) Directs the Secretary to make recourse loans available to processors of domestically grown sugarcane and sugar beets at 18 cents per pound and 22.9 cents per pound, respectively. Sets loan terms at the earlier of nine months or the end of the fiscal year, with supplemental loans available for loans made in the last three months of a fiscal year. Authorizes the Secretary to provide nonrecourse loans when the imported tariff rate quota for sugar imports exceeds 1.5 million short tons raw value. Sets forth first processor sugarcane and sugar beet marketing assessment rates for FY 1996 through 2003, which shall be collected monthly and remitted to the Commodity Credit Corporation (CCC). Sets forth enforcement and reporting provisions. Amends the Agricultural Adjustment Act of 1938 to repeal marketing allotment provisions. Makes this section applicable to the 1996 through 2002 crops of sugarcane and sugar beets. (Sec. 18) Directs the Secretary to carry out the provisions of this subtitle through the CCC. (Sec. 19) Repeals the Agricultural Act of 1949, with specified sections transferred to the Agricultural Adjustment Act of 1938. (Eliminates permanent price support authority.) Makes conforming amendments to the Agricultural Act of 1938. Subtitle B: Conservation - Amends the Food Security Act of 1985 to provide mandatory FY 1996 through 2002 funding through the CCC for the conservation reserve and wetlands programs, and the livestock environmental assistance program. Establishes the livestock environmental assistance program to provide FY 1996 through 2002 technical assistance and cost-sharing and incentive payments to livestock producers who enter into land management and structural contracts to protect water, soil, and related resources from livestock-related degradation. (Makes waste management facility construction ineligible for cost-sharing payments.) Replaces wetlands reserve program permanent easement authority with 15-year easement authority. Limits conservation reserve program total acreage enrollment to 36.4 million acres. Authorizes producers to terminate program participation. Prohibits new acreage enrollment in 1997. Subtitle C: Agricultural Promotion and Export Programs - Amends the Agricultural Trade Act of 1978 to: (1) authorize specified FY 1996 through 2002 appropriations for the market promotion program; and (2) authorize specified FY 1996 through 2002 funding from the CCC for the export enhancement program. Subtitle D: Miscellaneous - Amends the Federal Crop Insurance Act to authorize the Secretary, in consultation with insurance providers, to offer catastrophic risk protection in a State (or portion of a State) through local Department of Agriculture offices if the Secretary determines insufficient coverage is otherwise available. Provides for the transfer of current policies to private insurers. States that beginning with the spring-planted 1996 crop catastrophic coverage shall not be required for agricultural program benefits if the producer signs a written emergency crop loss assistance waiver. Extends crop insurance provisions to seed crops. (Sec. 52) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize the Secretary to collect fees to cover the costs of providing import quarantine and inspection services. Establishes in the Treasury the Agricultural Quarantine Inspection User Fee Account. (Sec. 53) Increases the CCC interest rate applicable to agricultural commodity loans by 100 basis points.
United States · United States Congress · 23 January 1996
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal.
United States · United States Congress · 22 January 1996
Prohibition on United Nations Taxation Act of 1996 - Prohibits the U.S. from paying any voluntary or assessed contributions to the United Nations (U.N.) or any of its agencies if the U.N.: (1) attempts to impose a tax on any U.S. person; or (2) borrow funds from the International Bank for Reconstruction and Development (World Bank), International Monetary Fund, or any other similar or regional international financial institution. Prohibits the U.S. from paying any voluntary or assessed contributions to the U.N. or any of its agencies, including the U.N. Development Program, unless the President certifies to the Congress 15 days in advance of such payment that the U.N. or such agency is not engaged in any effort to develop or promote any taxation proposals in order to raise revenue for the U.N. or any such agency.
United States · United States Congress · 20 December 1995
Antimicrobial Pesticide Registration Reform Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to exclude: (1) bacteria from the definition of "fungus"; and (2) liquid chemical sterilant products for use on a critical or semi-critical medical or dental device from the definition of "pesticide." Directs the Administrator of the Environmental Protection Agency to: (1) coordinate data requirements, test protocols, timetables, and standards of review and reduce burdens and redundancy caused to the registrant, whenever data in support of a pesticide registration is requested by one or more State or Federal agencies; and (2) develop a process to identify and assist in alleviating future disparities between Federal and State data requirements. Provides, with respect to the labeling of an antimicrobial pesticide product, that: (1) a registrant may modify the labeling to include relevant information on the product's efficacy, composition, or container or other characteristics unrelated to a pesticidal claim or activity; (2) such labeling shall not be false or misleading or in conflict with statements required as a condition of registration and be substantiated upon request; (3) modifications shall be subject to a notification and approval process; and (4) different cautionary statements for use dilutions may be included in the labeling upon approval of the Administrator. Directs the Administrator, to the maximum extent practicable, to identify and evaluate changes to the process for registration of antimicrobial pesticides that will reduce current time periods for review. Details rulemaking requirements regarding the review of such pesticides. Requires an annual report to the Congress on measures taken to effect such changes. Exempts from applicability of certain FIFRA storage, disposal, transportation, and container requirements household, industrial, or institutional antimicrobial products that are not subject to regulation under the Solid Waste Disposal Act, unless the Administrator determines that their application is necessary to prevent an unreasonable adverse effect on the environment.
United States · United States Congress · 20 December 1995
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project (project) to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided through DOD to certain Medicare-eligible covered military beneficiaries. Requires the project to be conducted in one or more regions in which the TRICARE program (a DOD managed health care program) has been implemented. Allows such project to be conducted for up to two years. Requires such Secretaries to jointly submit to the Congress a first annual report and a final report containing specified information concerning project participants and such project's effects on military medical care access, readiness, and training. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs such Secretaries to jointly: (1) establish a base level of TRICARE coverage required in a geographic region for eligibility under the project; (2) determine baseline costs of such care and coverage; and (3) establish upper reimbursement limits. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project. Establishes in the Treasury the Medicare Subvention Fund (Fund) for providing payments to the HHS Secretary for reimbursement of the HHS trust funds and for the payment of all expenses related to the participation of Medicare-eligible covered military beneficiaries in excess of the base level established under this Act, as well as administrative expenses. Authorizes appropriations for FY 1997 and 1998 for deposit into the Fund to carry out the purposes of this Act.
United States · United States Congress · 15 December 1995
Amends the Internal Revenue Code to provide for the nonrecognition of gain for sales of stock of a qualified refiner or processor to an eligible farmer's cooperative. Raises from 30 to 100 percent the amount of stock an employee stock ownership (ESOP) plan or cooperative must hold after a sale. Sets forth provisions concerning the determination of whether any stock in the domestic corporation is a qualified security.
United States · United States Congress · 15 December 1995
TABLE OF CONTENTS: Title I: Equal Protection for Victims Title II: Domestic Violence Victim Rights and Domestic Violence Prevention Act of 1995 - Title I: Equal Protection for Victims - Amends: (1) rule 24 of the Federal Rules of Criminal Procedure to entitle each side to six peremptory challenges if the offense charged is punishable by imprisonment for more than one year; (2) rule 32 regarding the victim's right of allocution in sentencing; and (3) rule 404 of the Federal Rules of Evidence regarding rebuttal of attacks on the victim's character. (Sec. 104) Enacts Rules of Professional Conduct for Lawyers in Federal Practice. (Sec. 105) Amends: (1) the Federal criminal code to repeal a requirement that notice of release of prisoners be used solely for law enforcement purposes; and (2) the Federal judicial code regarding the balance in the composition of rules committees. Title II: Domestic Violence - Amends the Federal criminal code to provide for the death penalty for fatal domestic violence offenses. (Sec. 202) Amends: (1) rule 404 of the Federal Rules of Evidence regarding evidence of the defendant's disposition towards the victim in domestic violence and other cases; and (2) rule 702 of the Federal Rules of Evidence regarding battered women's syndrome evidence. (Sec. 204) Requires: (1) the testing of defendants for the human immunodeficiency virus (HIV) in sexual assault cases, with exceptions, with disclosure of the results to the court, the victim, the attorney for the Government, and the person tested; (2) that test results disclosed be subject to requirements of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA); (3) that any test result of the defendant given to the victim or the defendant be accompanied by appropriate counseling, unless the recipient does not wish to receive such counseling; and (4) the United States Sentencing Commission to amend existing guidelines for sex crime offenses to enhance the sentence if the offender knew that he was infected with HIV, with exceptions. Revises VCCLEA to authorize the Government to obtain an order requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome and that the results be communicated to the victim's parent or legal guardian, as appropriate. Modifies requirements to be met by the victim to obtain an order for such test.
United States · United States Congress · 13 December 1995
Expresses congressional: (1) opposition to President Clinton's decision to deploy U.S. military ground forces into the Republic of Bosnia and Herzegovina to implement the General Framework Agreement for Peace in Bosnia and Herzegovina and its associated annexes; and (2) support for U.S. military personnel who may be ordered by the President to implement such Agreement.
United States · United States Congress · 7 December 1995
Rodeo Freedom Act of 1995 - Prohibits the Secretary of Health and Human Services and the Commissioner of Food and Drugs from having authority under the Federal Food, Drug, and Cosmetic Act to regulate: (1) activities of sponsors or sponsorship programs connected with professional rodeo associations (including the Professional Rodeo Cowboy Association); or (2) advertising used or purchased by or in connection with professional rodeo associations (including the Professional Rodeo Cowboy Association).
United States · United States Congress · 27 November 1995
Amends Rule 31 of the Federal Rules of Criminal Procedure and Rule 48 of the Federal Rules of Civil Procedure to replace the requirement for a unanimous verdict in Federal court with a requirement for a verdict by five-sixths of the jury.
United States · United States Congress · 17 November 1995
Occupational Safety and Health Reform and Reinvention Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to provide that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. (Sec. 3) Revises inspection provisions. Prohibits routine inspections of employers of ten or fewer employees if such employers: (1) are farming operations which do not maintain a temporary labor camp; or (2) are in a category of employers having an occupational injury or a lost workday case rate which is less than the national average. Grants the Secretary of Labor specified types of discretionary authority in determining which employee complaints must receive special inspection responses. (Sec. 4) Directs the Secretary to establish a voluntary compliance program granting partial exemption from certain OSHA safety and health inspections and investigations for employers who either retain certain consultation or certification programs, or have an exemplary safety record and a safety and health program meeting specified criteria, including having an employee participation program. (Sec. 5) Adds employer defenses of employee misconduct or alternative safer methods. (Sec. 6) Prohibits the Secretary from establishing any quotas for subordinates within the Occupational Safety and Health Administration with respect to number of inspections conducted, citations issued, or penalties collected. (Sec. 7) Provides for warnings in lieu of citations. (Sec. 8) Reduces penalties for nonserious violations and where there are mitigating circumstances. Directs the Occupational Safety and Health Review Commission to assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors. Provides for various reductions of penalties for voluntary compliance program participants or exemplary safe worksites under certain conditions. (Sec. 9) Directs the Secretary to enter into cooperative agreements with States for the provision of State consultation services to employers concerning the provision of safe and healthful working conditions. Makes a State eligible to enter into such an agreement only if its approved plan does not include provisions for federally funded consultation to employers. Requires that at least 15 percent of the annual appropriation to carry out OSHA be expended for education, consultation, and outreach efforts. (Sec. 10) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems which include specified required features; and (2) a voluntary protection program, also with specified required features, to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards.
United States · United States Congress · 8 November 1995
Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act to repeal definitions relating to: (1) no-migration determination; (2) retrieval; and (3) test-phase and test-phase activities. (Sec. 3) Declares that existing rights under specified oil and gas leases shall not be affected unless the Secretary of Energy determines that acquisition of such leases is necessary for the long-term protection of the Waste Isolation Pilot Plant (WIPP) (currently, unless lease acquisition is required to comply with final disposal regulations or with the Solid Waste Disposal Act). (Sec. 4) Repeals the mandate for test phase and retrieval plans, and the attendant performance assessment report. (Sec. 6) Authorizes the WIPP to receive from the Secretary transuranic waste which did not result from a defense activity but that is under the Secretary's control on the date of enactment of this Act. (Sec. 7) Revises the requirements for commencement of disposal operations to authorize the Secretary to begin the disposal phase after review and certification by the Administrator of the Environmental Protection Agency (the Administrator) that Department of Energy's (DOE) application reasonably addresses final disposal standards. (Sec. 8) Directs the Secretary to submit transuranic waste disposal recommendations and surveys to the Congress. (Sec. 9) Prescribes criteria under which the Administrator shall certify compliance with disposal regulations. States that the Administrator shall disapprove DOE's application only upon finding that the preponderance of evidence shows that the Secretary has failed to adequately address long-term environmental and human-health related risks. Precludes the Administrator from conducting an independent evaluation of the analyses used to evaluate long-term disposal system performance. (Sec. 10) Instructs the Secretary to determine whether or not engineered barriers, or both (sic), will be required to comply with specified Federal regulations. (Current law requires the use of both engineered and natural barriers.) (Sec. 11) Exempts the Secretary from complying with certain Solid Waste Disposal Act proscriptions against land disposal of specified wastes. Repeals the mandate for: (1) periodic oversight and compliance determination by the Administrator and the State of New Mexico (the State); and (2) determination of noncompliance during disposal and decommissioning phases. (Sec. 12) Repeals retrievability requirements. Declares that it is the intent of the Congress that after completion of the Administrator's review and certification under this Act, the Secretary will begin the disposal phase by June 30, 1997. (Sec. 13) Repeals the mandate for: (1) a WIPP decommissioning plan; and (2) the deadline for the Secretary to develop a management plan for the Withdrawal. (Sec. 15) Revises authorization of appropriations guidelines to authorize payments directly to the State instead of to the Secretary for subsequent payments to the State.
United States · United States Congress · 6 November 1995
Condemns the assassination of Israeli Prime Minister Yitzhak Rabin. Extends condolences to his family and to all the people of Israel. Expresses admiration for his historic contributions and support for the government of Acting Prime Minister Shimon Peres. Reaffirms a commitment to the process of building a just and lasting peace between Israel and its neighbors. Provides for the adjournment of the Senate as a further mark of respect for Rabin.
United States · United States Congress · 3 November 1995
Emergency Lumber Act of 1995 - Imposes a 25 percent ad valorem duty on imported Canadian wood and lumber products. Requires the administering authority to initiate a countervailing duty investigation with respect to such products. Declares that the President is authorized to negotiate with free trade area countries for the purpose of entering into an agreement to modify certain terms of the North American Free Trade Agreement (NAFTA) and the United States-Canada Free-Trade Agreement to provide that: (1) the exclusive review by binational panels shall not apply to antidumping and countervailing duty determinations involving their merchandise; and (2) such determinations shall be subject to judicial review in the same manner as determinations made with respect to non-free trade area countries. Declares further that: (1) such negotiations shall not affect the rights of the United States or a free trade area country to apply its domestic antidumping and countervailing duty laws to the imports of another country; and (2) if an agreement has been entered into pursuant to such negotiations, the President shall submit implementing legislation to the Congress. Extends "fast track" procedures to such legislation. Applies the requirements of this Act to goods from Canada or Mexico.
United States · United States Congress · 2 November 1995
Fair Debt Collection Practices Amendments Act of 1995 - Amends the Fair Debt Collection Practices Act to limit the exclusion from its purview of debt collection activities by a Federal or State official to collection of debts owed to the Federal or a State government, respectively. (Sec. 3) Permits a debt collector to acquire income, assets, or credit information from a person other than the debtor's attorney if the attorney refuses to provide such information. (Sec. 4) Revises procedural guidelines for: (1) debt validation; (2) legal actions by debt collectors; and (3) limitations on damages, including repeal of the allowance of up to $1,000 in additional damages. Provides that this Act: (1) supersedes any State law creating a private right of action against a debt collector; (2) does not provide a remedy for any violation of State law regarding debt collection practices; and (3) does not establish any liability or penalty for violation of State law unless such violation also constitutes a violation under this Act.
United States · United States Congress · 1 November 1995
Amends Federal law to revise provisions concerning rules and regulations promulgated by the Secretary of Agriculture with respect to the use of motorized and nonmotorized river craft on the Snake River within the Hells Canyon National Recreation Area in Oregon and Idaho to: (1) permit such river craft access to, and use of, the entire River within the Area at all times during the year; (2) provide that concurrent use by motorized and nonmotorized river craft shall not be considered a conflict; (3) allow use of the commercial and private river craft to continue throughout each year at levels not less than those occurring in an average of the three calendar years preceding the enactment of this Act and in daily and seasonal use patterns similar to those experienced in those years; and (4) allow owners of private property to use such river craft on the River within the Area for traveling purposes to or from their property in their usual and accustomed manner.
United States · United States Congress · 1 November 1995
Agricultural Resources Enhancement Act of 1995 - Amends the Food Security Act of 1985 (the Act) to define: (1) "alternative conservation system" as one that achieves a substantial reduction in soil erosion; (2) "conservation system" to mean the conservation measures and practices that are approved for application by a producer to a highly erodible field that provide for cost effective and practical erosion reduction based on local resource conditions and standards contained in the Natural Resources Conservation Service field office technical guide (technical guide); and (3) "frequently cropped agricultural land" to mean agricultural land that exhibits wetland characteristics and that has been used for six of the ten years prior to January 1, 1996, for agricultural production or production of an annual or perennial agricultural crop, an aquaculture product, a nursery product, or a wetland crop. Specifies that a designation of highly erodible land on agricultural land shall be valid until an owner or operator requests a new designation. Directs the Secretary of Agriculture (the Secretary) to provide the designation on the request of the owner or operator. Allows a designation of highly erodible land to be based on the most contemporary science, method, or technology, as determined by the Secretary, for determining soil erodibility that accurately reflects the potential for soil loss. (Sec. 4) Revises provisions of the Act regarding the highly erodible land conservation program to provide that (with exceptions) any participant in an annual program under the Agricultural Act of 1949 after January 1, 1996, who in any crop year after that date produces an agricultural commodity on a field on which highly erodible land is predominate, shall be in violation of such provisions and ineligible for loans or payments in an amount proportionate to the severity of the violation, taking into account the intent of the person and the frequency of the violations. Sets forth or revises provisions regarding: (1) ineligibility for specified loans and payments because of violations; (2) exemptions; (3) the effect on a landlord of ineligibility of a tenant or sharecropper for benefits; (4) a good faith exemption; and (5) failure to apply a conservation plan. Requires the Secretary to ensure that the standards and guidelines contained in a local technical guide applicable to a required conservation plan: (1) allow a person to use an alternative conservation system as a means of meeting the requirements and achieving the goals of the Act with respect to a highly erodible field that has been used in the production of an agricultural commodity after December 23, 1985; and (2) provide for conservation measures and practices that are cost-effective and technically and economically feasible based on local resource conditions and available conservation technology and that do not cause undue economic hardship to the person applying the plan or system. Sets forth provisions regarding: (1) erosion measurement; (2) crop residue measurements; (3) revisions of conservation plans and systems and updating of local technical guides; (4) technical assistance; (5) violations; (6) expedited variances; and (7) persons affiliated with those affected by a reduction in benefits due to violations. (Sec. 5) Revises provisions of the Act regarding wetland conservation to provide that (with exceptions) any person who participates in an annual program under the Agricultural Act of 1949 after January 1, 1996, who in any crop year after that date produces an agricultural commodity on converted wetland shall be in violation of such provisions and ineligible for loans or payments in an amount proportionate to the severity of the violation. Sets forth or revises provisions regarding ineligibility for loans and payments, delineation of wetland and exemptions (including a requirement that the Secretary establish a pilot program for mitigation banking of wetlands to assist owners and operators in complying with wetland conservation requirements), consultation with the Secretary of the Interior, and the effect of a reduction in benefits due to violations on affiliated persons. Amends the Consolidated Farm and Rural Development Act to bar the Secretary from placing a permanent wetland conservation or floodplain easement on any farm property after January 1, 1996. Amends the Federal Water Pollution Control Act to: (1) define "agricultural land" to mean cropland, pasture land, native pasture, rangeland, an orchard, a vineyard, an area that supports a wetland crop, and any other land that is used to produce or support the production of an annual or perennial agricultural crop, an aquaculture product, a nursery product, or a wetland crop; and (2) direct the Secretary to make all determinations concerning the presence of a wetland on agricultural land, the discharge or dredge of fill material from normal farming and ranching activities, and normal farming and ranching practices on agricultural land as provided in provisions permitting the discharge of dredged or fill material from normal farming, silviculture, and ranching activities. (Sec. 6) Revises provisions of the Act to direct the Secretary, during calendar years 1996 through 2002, to establish an environmental conservation acreage reserve program (ECARP) to be implemented through contracts and the acquisition of easements to assist owners and operators of farms and ranches to conserve and enhance soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat. Directs the Secretary to carry out ECARP by providing: (1) for the long-term protection of environmentally sensitive land; and (2) technical and financial assistance to farmers and ranchers to improve the management and operation of the farms and ranches and to reconcile productivity and profitability with protection and enhancement of the environment. Specifies that ECARP shall consist of the conservation reserve, wetlands, reserve, and environmental quality incentive programs. Directs the Secretary to designate watersheds or regions of special environmental sensitivity, including the Chesapeake Bay, Great Lakes, and Long Island Sound regions, as conservation priority areas eligible for enhanced assistance, subject to specified procedures and requirements. (Sec. 7) Revises provisions regarding the purpose and goals of the Act, including specifying that the goals of the conservation reserve program shall be to idle land only on a voluntary basis, conserve the environment, ensure respect for private property rights, and enhance wildlife and wildlife habitat. Modifies Act provisions regarding: (1) eligible lands; (2) enrollment priorities; (3) priority functions; (4) duration of contracts; (5) incidental grazing; (6) determination of annual rental payments to be paid to owners and operators for converting eligible cropland normally devoted to the production of an agricultural commodity to a less intensive use; and (7) ownership and operation requirements. Directs the Secretary, regarding such priority functions, to: (1) enroll in the conservation reserve program at least 1.5 million acres of cropland or pasture land that are contiguous or proximate to permanent bodies of water, tributaries or smaller streams, or intermittent streams that the Secretary determines significantly contribute to downstream water quality degradation; (2) accept offers to enroll up to 1.5 million acres of frequently cropped agricultural land; (3) accept offers to enroll a field containing highly erodible land if specified conditions are met; and (4) ensure that such offers to enroll acreage are accepted so as to maximize wildlife habitat benefits. (Sec. 8) Revises the purposes of the Act to include protecting wetlands for purposes of enhancing water quality and providing wildlife benefits while recognizing landowner rights. Modifies Act provisions regarding: (1) minimum enrollment (provides for enrollment in the wetlands reserve program of not more than 975,000 acres during calendar years 1991 through 2002); (2) eligibility; (3) other eligible lands; (4) easements (specifies that the development of a restoration plan, including any compatible use, shall be made through the local Natural Resources Conservation Service representative in consultation with the State technical committee); and (5) duties of the Secretary regarding easement priorities. (Sec. 9) Revises Act provisions regarding the use of the Commodity Credit Corporation (CCC) to direct the Secretary to use CCC funds, for each of FY 1996 through 2002, to carry out specified programs. Sets forth provisions regarding advance appropriations to the CCC. Makes specified funds available for the environmental quality incentives, wetland reserve, and conservation reserve programs. Sets forth provisions regarding conservation plans, acreage limitations, and tenant protection. (Sec. 11) Encourages the Secretary to promote wildlife benefits to the extent practicable and to the extent that the action does not conflict with the requirements or purposes of the programs.
United States · United States Congress · 1 November 1995
Cooperator Program Act of 1995 - Amends the Agricultural Trade Act of 1978 to require the Secretary of Agriculture to establish and, in cooperation with eligible trade organizations (ETOs), carry out a foreign market development cooperator program to maintain and develop foreign markets for U.S. agricultural commodities and products. Directs that such program be carried out through multiyear contracts or agreements between the Secretary and ETOs under which cost sharing assistance shall be provided by the Secretary to the ETOs as cooperators for the conduct of foreign market development activities, and to third party cooperators, under specified annual marketing plans. Sets forth provisions regarding: (1) eligibility requirements; and (2) criteria for contract approval. Requires an ETO participating in the program to provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of U.S. agricultural commodities and products through trade servicing, technical assistance, and consumer education. Sets forth specific goals, such as to increase foreign consumer and commercial use of, develop long-term foreign demand for, and help overcome constraints to U.S. exports of, the commodity or product. Requires: (1) a participating ETO to coordinate its activities with those of the Foreign Agricultural Service (FAS) which shall assist ETOs in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for U.S. agricultural commodities and products; and (2) an ETO to consult with the FAS to ensure that the ETO's annual marketing plan is consistent with and complements the FAS's foreign market development activities. Sets forth provisions regarding: (1) annual marketing plans; (2) oversight; and (3) cooperator organizations. Authorizes appropriations.
United States · United States Congress · 31 October 1995
Snowbasin Land Exchange Act of 1995 - Requires the Secretary of Agriculture, subject to specified terms and conditions, to transfer certain lands within the Cache National Forest in Utah to the Sun Valley Company in exchange for specified Company lands of approximate equal value to be added to and made a part of the National Forest System and to be administered and managed by the Secretary. Requires the Secretary to implement the Phase I Master Development Plan for the Snowbasin Ski Area dated November 14, 1995. Permits modification of such Plan at any time after such date and by mutual agreement of the Secretary and the Company. Requires the Secretary to report to specified congressional committees that implementation of the Master Development Plan provides sufficient environmental protection.
United States · United States Congress · 31 October 1995
Prohibits any member of the armed forces from being required to wear any uniform item or insignia which indicates an allegiance to or affiliation with the United Nations.
United States · United States Congress · 26 October 1995
Endangered Species Habitat Protection Act of 1995 - Amends the Internal Revenue Code to allow landowners of qualified acreage a credit, for agreement to manage such lands for the preservation of endangered species, in an amount equal to the lesser of: (1) the applicable acreage rate of the qualified acreage; or (2) $50,000. Provides for recapture of the credit if the taxpayer transfers the qualified acreage without also transferring the obligations for such acreage. Prohibits making a payment to an owner under capital gain and loss provisions if that owner has indicated an intention to claim an income tax credit or deduction for participation. Provides for a deduction for the donation of property as a conservation easement. Provides for the valuation of property which provides for the protection of endangered species. Provides an additional deduction on State and local real property taxes paid or accrued on property subject to an endangered species conservation agreement. Prohibits the deduction in certain cases. Authorizes the Secretary of the Interior to cooperate fully with the appropriate States, tribes, and other non-Federal persons, including consultation with such persons before the acquisition or interest of any land or water for the conservation of endangered and threatened species. Sets forth provisions providing for the Secretary to enter into a cooperative management agreement with non-Federal persons for the management of: (1) endangered and threatened species or group of species; or (2) a candidate species or group of candidate species. Directs that a cooperative management agreement shall remain in effect and not be required to be amended to include subsequent listing of endangered or threatened species not applicable to such agreement. Allows the Secretary to provide a habitat conservation grant to certain non-Federal persons for the purpose of conserving, preserving, or improving the habitat of endangered and threatened species. Allows a grant to be transferred to subsequent property owners.
United States · United States Congress · 26 October 1995
Endangered Species Conservation Act of 1995 - Amends the Endangered Species Act of 1973 (the Act) to revise the findings, purposes, and policy of the Act. Declares it to be congressional policy to conserve endangered and threatened species and to equally consider the conservation of listed species, preservation of economic growth, maintenance of a strong tax base, and protection against the diminishment of the use and value of private property. (Sec. 3) Revises definitions under the Act, including the definition of: (1) "critical habitat" to mean the specific areas within the geographic area occupied by an endangered or threatened species, at the time the species is listed, that contain such physical or biological features as are essential to the conservation of the species and the persistence of the species for at least seven human generations (with "human generation" meaning 20 years) and as may require special management considerations or protection; and (2) "endangered species" to mean any species that, if no action were taken under the Act, would be placed on an irreversible course to extinction within two human generations, with exceptions. (Sec. 4) Modifies provisions regarding the determination of an endangered or threatened species to require the Secretary of the Interior (Secretary) to: (1) make such determination on the basis of the best scientific and commercial data available after requesting the Endangered Species Commission (established under this Act) to conduct a scientific review; and (2) give priority to species the conservation of which is most likely to reduce the need to list other species dependent on the same habitat, and consideration to species identified as a known source of pharmaceutical or agricultural biochemicals. Requires the Secretary to designate, and make revisions regarding, critical habitat on the basis of the best new scientific data available. Specifies that: (1) the information shall include data documenting the biological vulnerability of, and threats to, the species or habitat of the species; and (2) failure to so document the information shall result in a presumption that the petition is inadequate. Directs the Secretary, if such a petition is found to present the information, to: (1) provide a copy of the petition to the State having jurisdiction over the area in which the species is believed to occur; and (2) invite the determination of the State as to whether the petitioned action is warranted, promptly request the Commission to conduct a scientific review of any new information presented by the petition with respect to the status of the species, and promptly publish each finding made in the Federal Register. Sets forth or modifies provisions regarding: (1) judicial review of such findings; (2) endangered species determinations with regard to foreign species; (3) notice of regulations (requiring a readily understandable, nontechnical explanation of the reasons for and purpose of the proposed regulation, an analysis concluding that the conservation benefit outweighs any negative conservation impact of the regulation, and a summary of the findings of the assessment team based on the required review); and (4) State review of such regulations (including scientific review of conflicts between the Secretary and the affected State). Requires the Commission to conduct, at least once every five years, a review of all species included in a list of endangered or threatened species and to report the results to the Secretary. Sets forth procedures for changes in the status of a species. Repeals provisions regarding the development and implementation of recovery plans by the Secretary for the conservation and survival of listed species. (Sec. 5) Directs the Secretary, in cooperation with the States having jurisdiction over areas in which listed species are believed to occur, on the basis of the best scientific and commercial data available, and considering the options presented by the Commission, to develop and implement conservation plans to provide for the conservation of the species and the habitats on which the species depend, with exceptions. Requires the Secretary, in developing a conservation objective and plan for a foreign species, to: (1) act in a manner consistent with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Convention); and (2) cooperate with and support any conservation strategy adopted for the species by each foreign nation in which the species occurs. Directs the Secretary, Federal agencies, and the States to minimize adverse social and economic consequences and impacts on private property that may result from the implementation of conservation plans. Sets forth provisions regarding: (1) the establishment of conservation objectives; (2) schedules for conservation plan preparation; (3) priorities of plans; (4) alternative strategies; (5) procedures for the preparation of proposed and final plans; (6) publication of final plans; and (7) participation by other persons in developing and implementing such plans. Directs the Secretary to designate critical habitat that supports the conservation objective of the Secretary for the species and to revise a critical habitat designation. Permits the Secretary to elect not to designate any critical habitat for the species where the designation is not prudent or determinable. Requires that such designation or revision be made on the basis of the best scientific and commercial data available after taking into consideration the availability of substitute habitat in mitigation banks or from other sources and the economic or any other relevant impact. Directs the Secretary to exclude any area from critical habitat for which the Secretary determines that the benefits of the exclusion outweigh the benefits of designating the area as part of the critical habitat, unless the Secretary determines, on the basis of the best scientific and commercial data available, that the failure to designate the area as critical habitat will result in the extinction of the species for which the habitat is designated. Sets forth provisions regarding: (1) revision of critical habitat designation; (2) the effects of agency actions that are consistent with the conservation objective and plan; (3) alternative species protection; (4) interim management prior to publication of a final conservation plan or a conservation objective, the entering into of a cooperative management agreement, or the issuance of an incidental taking permit; (5) suspension of conservation plans or objectives; (6) reporting requirements; and (7) the standard of judicial review of agency decisions. (Sec. 6) Directs the Secretary and the Secretary of Agriculture to encourage persons to apply to exchange lands, waters, or interests therein under their jurisdiction (lands) (other than units of the National Park System, the National Wilderness Preservation System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, and the National Trails System) for lands that are not in Federal ownership and that are affected by the Act, provided that the lands to be exchanged are of approximately equal value. Sets forth provisions regarding: (1) appraisals; (2) environmental assessment; and (3) valuation. (Sec. 7) Requires the Secretary to cooperate to the maximum extent practicable with the States and other non-Federal persons, including consulting as appropriate before seeking to acquire land for the purpose of conserving any endangered or threatened species. Authorizes the Secretary to: (1) enter into cooperative management agreements (CMAs) with any State or group of States, political subdivision of a State, local government, or other non-Federal person for the management of a listed species, species proposed to be listed, or candidate species (i.e., species found warranted to be listed but precluded from listing because of pending proposals to list that are of a higher priority); and (2) designate any non-Federal person participating or assisting in the implementation of a CMA as a volunteer under the Fish and Wildlife Act of 1956. Directs the Secretary to provide technical assistance for the development and implementation of a CMA with a non-Federal person. Exempts the preparation, approval, and entering into of a CMA from specified requirements of the Act and of the National Environmental Policy Act of 1969. Specifies that: (1) except under extraordinary circumstances (in which case the Secretary shall have the burden of demonstrating and clearly documenting the existence of such circumstances), no additional measures to minimize and mitigate impacts on a species that is a subject of a CMA shall be required of a non-Federal party to the agreement that is in compliance with the agreement; and (2) with respect to any species that is a subject of such a CMA, under no circumstances shall a non-Federal party in compliance with the CMA be required to make any additional payment for any purpose, or accept any additional restriction on any parcel of land available for development or land management under the CMA, without the consent of the non-Federal party. Provides that a CMA shall remain in effect and shall not be required to be amended if a species to which the agreement does not apply is determined to be an endangered or threatened species. Sets forth or revises provisions regarding: (1) violations of CMAs; (2) requirements governing acquisition of water; and (3) Federal reclamation projects and contracts. Authorizes the Secretary to: (1) make grants to non-Federal persons, from appropriated funds, for the purpose of conserving, preserving, or improving habitat for an endangered or threatened species; and (2) enter into safe harbor agreements with non-Federal persons who own real property for the purpose of encouraging the voluntary management, restoration, or enhancement of non-Federal lands owned by such persons to conserve listed and candidate species. Requires the Secretary: (1) at the request of a State, to delegate to the State the authority to develop and implement a conservation plan for a listed species unless the Secretary determines that the State lacks authority and capability to carry out the requirements of the Act; and (2) to monitor the actions of States in developing and implementing conservation plans. (Sec. 8) Directs each Federal agency to ensure that any action authorized, funded, or carried out by the agency that affects any endangered or threatened species or designated critical habitat of the species is not likely to jeopardize the continued existence of the species. Sets forth provisions regarding: (1) Federal agency consultation with the Secretary regarding agency actions likely to significantly and adversely affect an endangered or threatened species and regarding guidance on the consistency of an agency action with the conservation plan or objective for, an incidental taking permit for, or a CMA concerning, the species; (2) consideration of information and other law; (3) actions exempt from consultation and conferencing; (4) actions not constituting takings; (5) the resolution of conflicts between the responsibilities of a Federal agency under the Act vis-a-vis any other law, treaty, or interstate compact; (6) the use of mitigation banks; (7) risk assessment; and (8) exemptions from the Act. (Sec. 9) Directs the Secretary and the Secretary of State to act cooperatively with other nations in conserving wildlife. Prohibits such Secretaries, to the extent that the conservation programs of such nations are consistent with the Convention, from obstructing the programs of such nations unless the Secretary demonstrates good cause for the action based on adequate findings supported by substantial evidence. (Sec. 10) Directs the Secretary to limit a finding under the Convention to the purpose of the importation. Bars the Secretary from: (1) duplicating the findings required to be made by the exporting nation that is a party to the Convention except for good cause based on adequate findings supported by substantial evidence; and (2) prohibiting any act that is permitted under the Convention in issuing protective regulations with respect to a foreign species. Sets forth restrictions regarding the publishing of proposed protective regulations. (Sec. 11) Provides that an activity of a non-Federal person shall be deemed not to constitute a taking of a species if the activity: (1) is consistent with the applicable guidance of a conservation plan or objective; (2) complies with the terms and conditions of an incidental taking permit or a CMA; or (3) addresses a critical, imminent threat to public health or safety or a catastrophic natural event. Specifies that provisions prohibiting importation shall not apply to a member of a threatened species: (1) taken for scientific collection, live export for captive breeding, sport hunting, or falconry in accordance with the laws of a foreign nation that is a party to the Convention; and (2) accompanied by an export permit issued by the nation or an equivalent document. (Sec. 12) Authorizes the Secretary to permit specified activities, including: (1) the public display or exhibition of living wildlife in a manner that contributes to the education of the public about the ecological role and conservation needs of the affected species; (2) in the case of foreign species, acts that are consistent with the Convention and with conservation strategies adopted by the foreign nations responsible for the conservation of the species; and (3) acts necessary for captive propagation programs. Sets forth or revises provisions regarding: (1) the use of mitigation banks; (2) the scope of permits; (3) environmental assessments; (4) limits on additional measures required to minimize and mitigate impacts on a species that is a subject of a permit where the permittee is in compliance with the permit; (5) interim permits; (6) permit revocation; and (7) voluntary consultation by non-Federal persons. Authorizes the Secretary, after providing notice and opportunity for public hearing, to issue a general permit on a county, State, regional, or nationwide basis for any category of activities that may affect a listed species upon determining that activities in the category are similar in nature, will cause only minimal adverse effects on the species if performed separately, and will have only minimal cumulative adverse effects on the species generally. Sets forth provisions regarding: (1) educational and propagation permits; (2) the taking of species for inherently limited uses; (3) multiple species non-Federal conservation plans; (4) wildlife bred in captivity; (5) recognition of captive propagation as a means of recovery; and (6) mitigation banks. (Sec. 13) Directs the Secretary or the Secretary of the Treasury to pay reasonable and necessary costs incurred by any person in providing temporary care for any endangered or threatened fish, wildlife, or plant pending the disposition of any civil or criminal proceeding alleging a violation of the Act. Places the burden of proof on the Secretary to demonstrate that a specimen belongs to a species that has been determined to be an endangered or threatened species under the Act or that is included in an Appendix to the Convention. Prohibits the Secretary from detaining a specimen for a period of longer than 30 days for identification purposes, unless the specimen has been substantially changed from the natural appearance of the specimen, in which case it may be retained for an additional 30 days. Requires the specimen to be released if it cannot be identified within that period. Specifies that no refusal of entry, seizure of evidence, or other enforcement action may take place under the Act if the action is based solely on a notification under the Convention or on a resolution of the Conference of the Parties to the Convention. Authorizes any person to: (1) commence a civil suit to remedy any violation of, or regulation issued under, the Act by the United States or any U.S. agency or official or to challenge the Act or a regulation issued thereunder or the implementation thereof; and (2) intervene as a matter of right in any suit brought under the Act that threatens to cause injury to, or relates to any injury sustained by, the person and grants such person the same right to present argument and to accept or reject potential settlements as the parties to the suit have. (Sec. 14) Requires the Commission to review and report to the Secretary on species of plants that, as of the date of this section's enactment, are or may become endangered or threatened within any State and that are known to produce pharmaceutical or agricultural biochemicals. (Sec. 15) Establishes the Endangered Species Commission. Requires the Commission to: (1) study the activities of the United States under laws and international conventions relating to endangered and threatened species, including the Convention and the Act; (2) make recommendations to, and consult with, the Secretary and other Federal officials concerning such measures as the Commission considers necessary or desirable for the protection and conservation of such species, including a range of options; and (3) conduct such scientific reviews and analyses as the Secretary requests or as are otherwise required to be conducted under this Act. Directs the Commission, upon receipt of a request from the Secretary for a scientific review or assessment regarding such a species, to establish an assessment and planning team and, within 30 days, to establish and arrange for the provision of technical assistance to such a team to assist the Commission in making required assessments by providing it with the best scientific and commercial data available and data that have been peer reviewed and verified by field testing. Sets forth provisions regarding: (1) the Commission's response to assessment and planning team recommendations; and (2) reporting requirements. (Sec. 16) Directs the Secretary to provide 30 days' notice of any hearing or other public meeting at which public comment is accepted under the Act. (Sec. 17) Requires the Secretary to: (1) balance achieving the conservation objective for a species and ensuring continuing economic growth, providing essential infrastructure, maintaining strong State and local tax bases, and protecting against the diminishment of the use and value of property; and (2) seek, along with the heads of all other Federal agencies and other Federal officials, to minimize the adverse impacts on the use and value of private property resulting from any requirements imposed on the property. (Sec. 18) Directs the Secretary to: (1) identify methods of alternative dispute resolution (ADR) that may be used for rulemaking to develop standards, rules, and guidelines for the listing or monitoring of species, conservation planning, safe harbor agreements with non-Federal persons, and other specified purposes; and (2) develop and implement a pilot program for ADR to be used for such purposes as consistent with the Negotiated Rulemaking Act of 1990 and the Administrative Dispute Resolution Act. Requires the Secretary to: (1) provide regular training for all employees involved in developing and implementing such program; and (2) evaluate the program and submit a report including recommendations for a permanent program to the Congress and the Administrative Conference of the United States. (Sec. 19) Sets forth provisions regarding Federal cost-sharing requirements for conservation obligations. (Sec. 20) Entitles a non-Federal property owner to receive compensation if a Federal agency takes action under the Act that results in a diminishment of value of any portion of the non-Federal property of the owner. Sets forth provisions regarding: (1) the amount of compensation, a duty of notice to owners, requests for compensation, offers by the Secretary, and responses by property owners; (2) arbitration; (3) civil actions; (4) the source of payment; (5) U.S. obligations to make payment subject to the availability of appropriations; and (6) administrative provisions. (Sec. 21) Authorizes appropriations. Directs the Secretary to study potential revenue sources for a biodiversity trust fund to be used both for domestic endangered and threatened species protected under the Act and for foreign species subject to the Convention. Sets forth reporting requirements. (Sec. 22) Sets: (1) priorities for the development, and a schedule for the adoption, of conservation plans for listed species without recovery plans; and (2) priorities and a schedule for revision of existing plans. Prohibits the Secretary or the head of any other Federal agency from requiring any increase in any measurable criterion contained in a final recovery plan, or any site specific management action in addition to the criteria provided in a final recovery plan, until a conservation plan or conservation objective has been published. Directs the Secretary, in conjunction with the issuance of a conservation plan or objective, to review and reissue certain written opinions of the Secretary relating to the affected species that were issued after January 1, 1995, under the Act.
United States · United States Congress · 26 October 1995
Amends the Internal Revenue Code to allow a deduction from the value of the gross estate of a decedent of an amount equal to the adjusted value of real property included in a gross estate which is subject to an endangered species conservation agreement. Provides for recapture of the benefit in certain cases.
United States · United States Congress · 24 October 1995
TABLE OF CONTENTS: Title I: Individual's Rights Subtitle A: Review of Protected Health Information by Subjects of the Information Subtitle B: Establishment of Safeguards Title II: Restrictions on Use and Disclosure Title III: Sanctions Subtitle A: Civil Sanctions Subtitle B: Criminal Sanctions Title IV: Miscellaneous Medical Records Confidentiality Act of 1995 - Defines "health information trustee" (HIT) to mean a person or entity that creates, receives, obtains, maintains, uses, or transmits protected health information (PHI) and any employee, agent, or contractor of such a person. Title I: Individual's Rights - Subtitle A: Review of Protected Health Information by Subjects of the Information - Requires a HIT to permit an individual who is the subject of PHI to inspect and copy the information, subject to cost reimbursement and exceptions. (Sec. 102) Provides for correction or amendment of PHI, written notice of a HIT's information practices, and development of a model notice. Subtitle B: Establishment of Safeguards - Requires a HIT to maintain: (1) administrative, technical, and physical confidentiality safeguards; and (2) for at least seven years, a record of any PHI disclosure not related to treatment. Title II: Restrictions on Use and Disclosure - Prohibits disclosures except: (1) as allowed under this title; (2) compatible with the purposes for which the information was obtained; and (3) in the minimum amount necessary to accomplish the disclosure's purpose. (Sec. 202) Regulates disclosure authorizations: (1) related to treatment or payment, including providing for revocation or amendment of authorization and development and dissemination of model authorizations; and (2) not related to treatment or payment. (Sec. 204) Allows disclosure to a certified health information service for the purpose of creating nonidentifiable health information. Provides for certification. (Sec. 205) Specifies the circumstances in which disclosure is allowed: (1) to an individual's next of kin; (2) to any other person; and (3) after death. (Sec. 207) Allows disclosure to a health oversight agency for an oversight function authorized by law. (Sec. 208) Allows specified entities to disclose PHI to a public health authority or other person authorized by law for use in a legally authorized disease or injury report, public health surveillance, or public health investigation or intervention. (Sec. 209) Specifies the circumstances in which disclosure to a certified institutional review board is allowed. Provides for certification. (Sec. 210) Allows specified entities to disclose PHI in connection with certain judicial or administrative proceedings. (Sec. 211) Allows specified entities to disclose PHI pursuant to a subpoena if certain procedures are followed. Sets forth challenge procedures. (Sec. 212) Regulates disclosure related to government subpoenas, warrants, and summonses. (Sec. 213) Directs the Secretary of Health and Human Services to promulgate standards for disclosing, authorizing, and authenticating protected health information in electronic form. Title III: Sanctions - Subtitle A: Civil Sanctions - Imposes on HITs a civil penalty for substantial and material failure to comply with this Act. Provides, if the violations have occurred with such frequency as to constitute a general business practice, for a higher civil penalty or exclusion from Medicare and Medicaid (titles XVIII and XIX of the Social Security Act) or any other federally funded health care programs. (Sec. 302) Allows an individual aggrieved by a violation of this title to bring a civil action for preliminary and equitable relief, actual or liquidated damages, and punitive damages. Allows assessment of attorney's fees. Subtitle B: Criminal Sanctions - Provides for criminal fines and imprisonment for violations of this title. Title IV: Miscellaneous - Declares that: (1) this Act, subject to exceptions, preempts State law; and (2) a HIT that makes a disclosure permitted by this title shall not be liable to the individual for the disclosure under common law.
United States · United States Congress · 20 October 1995
Regulatory Review Act of 1995 - Terminates the effectiveness of certain covered significant rules according to specified timetables unless they are reviewed, according to specified procedures, by the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget (or, in the case of a Federal banking agency, the head of that agency). Defines significant rule as: (1) one that has resulted in, or is likely to result in, an annual effect on the economy of $100 million or more; (2) a major rule; or (3) a rule issued pursuant to a significant regulatory action. Provides for petitions by adversely affected persons, and requests by congressional committees, for sunset review of non-significant rules. Provides for judicial review of denial of such petitions (but not of such congressional requests). Details the criteria for sunset reviews as well as sunset review procedures, termination dates for covered rules, and agency sunset reviews, notices, and reports. Mandates termination: (1) of existing significant rules in four years, five years, six years, or seven years after enactment of this Act, as specified by the Administrator; and (2) of new significant rules either three years or seven years after issuance, depending on specified circumstances. Requires the head of each Federal agency to designate an agency Regulatory Review Officer who shall be responsible for the implementation of this Act and report directly to the agency head and the OIRA Administrator with respect to that responsibility.
United States · United States Congress · 19 October 1995
Authorizes the Secretary of Veterans Affairs to make direct loans to enable Native American veterans to refinance existing veterans' housing loans. Allows a loan fee to be charged.
United States · United States Congress · 19 October 1995
Livestock Concentration Report Act of 1995 - Directs the President to appoint a Commission on Concentration in the Livestock Industry to review and report on specified meat packing industry matters, including certain studies, effects of antitrust laws, and prices.
United States · United States Congress · 18 October 1995
Medical Procedures Innovation and Affordability Act - Provides that it shall not be an act of patent infringement for a patient, physician, or other licensed health care practitioner, or a health care entity with which a physician or licensed health care practitioner is professionally affiliated, to use or induce others to use a patented technique, method, or process for performing a surgical or medical procedure, administering a surgical or medical therapy, or making a medical diagnosis. Provides that this Act shall not apply to the use of, or inducement to use, such a patented technique, method, or process by any person engaged in the commercial manufacture, sale, or offer for sale of a drug, medical device, process, or other product that is subject to regulation under the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act.
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 12 October 1995
Safe Drinking Water Act Amendments of 1995 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to make capitalization grants to States to establish State drinking water treatment revolving loan funds. Authorizes State Governors to transfer amounts between such funds and water pollution control revolving funds established under the Clean Water Act. Requires the Administrator to reserve one and one-half percent of drinking water funds for capitalization grants to Indian tribes for the improvement of public water systems. Authorizes the Administrator to make such grants to the District of Columbia and specified U.S. territories. Authorizes: (1) States to reserve a certain amount of such grants for technical assistance for small public water systems; and (2) the Administrator to make grants to Alaska for the benefit of Alaska Native villages. Requires the Administrator, beginning in FY 1999, to withhold a specified percentage (five percent for FY 1999, ten percent for FY 2000, and 15 percent for each subsequent fiscal year) of each capitalization grant made to a State unless the State has met specified requirements under this Act regarding new system capacity. Sets forth provisions regarding: (1) projects eligible for assistance, including assistance for disadvantaged communities, and source water quality protection and capacity development; and (2) State loan fund administration, technical assistance, and management. Requires: (1) States to prepare annual intended use plans for funds; (2) priority for the use of funds to be given to projects that address the most serious risk to human health, that are necessary to ensure compliance with specified requirements (including filtration requirements), and that assist most in need on a per household basis according to State affordability criteria; and (3) each State, after notice and opportunity for public comment, to publish and periodically update a list of projects in the State that are eligible for assistance, including the priority assigned to each project and the expected funding schedule for each project. Directs the Administrator to: (1) conduct annual reviews and audits as the Administrator considers appropriate, or require each State to have the reviews and audits independently conducted, in accordance with specified single audit requirements; (2) submit to the Congress a periodic survey and assessment of the needs for facilities in each State eligible for assistance; (3) conduct an evaluation of the effectiveness of the State loan funds through FY 1999; and (4) publish such regulations and guidance as necessary. Specifies that the failure or inability of any public water system to receive funds, or a delay in obtaining the funds, shall not alter the obligation of the system to comply in a timely manner with all applicable drinking water standards and requirements under the Act. Authorizes appropriations. Directs the Administrator to reserve: (1) $10 million for health effects research on specified drinking water contaminants, giving priority to research concerning the health effects of cryptosporidium, disinfection byproducts, and arsenic and for the implementation of a research plan for subpopulations at greater risk of adverse effects; (2) $2 million to pay the costs of monitoring for unregulated contaminants; and (3) specified sums for small system technical assistance. (Sec. 4) Requires the Administrator to publish a maximum contaminant level goal (MCLG) and promulgate a national primary drinking water (NPDW) regulation for each contaminant (with exceptions) for which a NPDW regulation has been promulgated as of the date of this Act's enactment if the Administrator determines, based on adequate data and appropriate peer-reviewed scientific information and an assessment of health risks, that the contaminant may have an adverse effect on the health of persons and the contaminant is known to occur, or there is a substantial likelihood that it will occur, in public water systems with a frequency and at levels of public health concern. Directs the Administrator: (1) not later than July 1, 1996, to publish and periodically update a list of contaminants that are known or anticipated to occur in drinking water provided by public water systems that may warrant regulation; and (2) at such time as such list is published, to describe available and needed information and research regarding the health effects of the contaminants, their occurrence in drinking water, and treatment techniques and other feasible means to control the contaminants. Requires (with exceptions) the Administrator, by July 1, 2001, and every five years thereafter, to take one of the following actions for not fewer than five contaminants: (1) publish a determination that information available to the Administrator does not warrant the issuance of an NPDW regulation; (2) publish a determination that an NPDW regulation is warranted and proceed to propose an MCLG and NPDW regulation not later than two years after the date of publication of the determination; and (3) propose an MCLG and NPDW regulation. Sets forth provisions regarding insufficient information to make, and the basis for, such determinations. Requires the Administrator to give priority to those contaminants not currently regulated that are associated with the most serious adverse health effects and that present the greatest potential risk to human health due to their presence in drinking water provided by public water systems. Sets forth provisions regarding public comment and judicial review. Authorizes the Administrator to promulgate an interim NPDW regulation for a contaminant to address an urgent threat to public health. Sets forth provisions regarding: (1) schedules for publication of MCLGs and NPDW regulations; (2) substitution of contaminants; and (3) promulgation, by December 31, 1995, of an information collection rule to facilitate further revisions to the NPDW regulation for disinfectants and disinfectant byproducts, including information on microbial contaminants such as cryptosporidium. (Sec. 5) Requires the Administrator, in carrying out the Act, to: (1) use the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices, and data collected by accepted or best available methods; and (2) ensure that the presentation of information on public health effects is comprehensive, informative, and understandable. Directs the Administrator to conduct a cost-benefit analysis for each NPDW regulation containing a maximum contaminant level (MCL) or treatment technique before it is proposed, including consideration of alternative MCLs or treatment requirements. Authorizes appropriations. (Sec. 6) Permits the MCLG for contaminants that are known or likely to cause cancer in humans to be set at a level other than zero if the Administrator determines, based on the best available, peer- reviewed science, that there is a threshold level below which there is unlikely to be any increase in cancer risk and the Administrator sets the MCLG at that level with an adequate margin of safety. Requires the Administrator, at the time he or she proposes an NPDW regulation, to publish a determination as to whether the benefits of the MCL justify, or do not justify, the costs. Authorizes the Administrator to establish an MCL for a contaminant at a level other than the feasible level if the technology, treatment techniques, and other means used to determine the feasible level would result in an increase in the health risk from drinking water by: (1) increasing the concentration of other contaminants in drinking water; or (2) interfering with the efficacy of drinking water treatment techniques or processes that are used to comply with other NPDW regulations. Authorizes the Administrator, if he or she determines that the benefits of an MCL would not justify the cost of complying with the level, to promulgate an MCL for the contaminant that maximizes health risk reduction benefits at a cost that is justified by the benefits, with an exception. Prohibits the Administrator from establishing an MCL in a Stage I or Stage II NPDW regulation for contaminants that are disinfectants or disinfection byproducts, or to establish an MCL or treatment technique requirement for the control of cryptosporidium. Sets forth provisions regarding: (1) judicial review; (2) disinfectants and disinfectant byproducts; and (3) review of standards. (Sec. 7) Requires the Administrator to promulgate NPDW regulations for: (1) arsenic according to a specified schedule and develop and carry out a comprehensive plan for research in support of drinking water rulemaking and take other specified steps regarding assessment, proposed regulation, and final regulation for arsenic; (2) radon, providing for an MCL of 3,000 picocuries per liter; and (3) sulfates. (Sec. 10) Directs the Administrator to propose a regulation that describes treatment techniques that meet the requirements for filtration that are feasible for community water systems serving a population of 3,300 or fewer and noncommunity water systems. (Sec. 12) Directs the Administrator to issue guidance or regulations regarding system treatment technologies. Authorizes the Administrator to make grants to institutions of higher learning to establish and operate not fewer than five small public water system technology assistance centers in the United States. (Sec. 13) Revises the variance provisions of the Act to: (1) allow public water systems to receive a variance on the condition that they install and operate best available treatment technology; and (2) authorize the Administrator (or a State with primary enforcement responsibility for public water systems) to grant to public water systems serving a population of 10,000 or fewer a variance for compliance with a requirement specifying an MCL or treatment technique contained in an NPDW regulation if a system cannot afford to comply with the regulation and adequate protection of public health is ensured. (Sec. 15) Requires each State to: (1) obtain the legal authority or other means to ensure that all new community water systems and new nontransient, noncommunity water systems commencing operation after October 1, 1996, demonstrate technical, managerial, and financial capacity with respect to each NPDW regulation in effect, or likely to be in effect, on the date of commencement of operations; (2) prepare, periodically update, and submit to the Administrator a list of community water systems and nontransient, noncommunity water systems that have a history of significant noncompliance and report to the Administrator; and (3) develop and implement a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity. Directs the Administrator to support: (1) the States in developing capacity development strategies; and (2) the network of university-based Environmental Finance Centers in providing training and technical assistance to State and local officials in developing the capacity of public water systems, including the establishment of a national public water systems capacity development clearinghouse. Authorizes appropriations. (Sec. 16) Requires public water systems receiving assistance from a State Revolving Loan Fund to be operated by a trained and certified operator. Authorizes the Administrator to withhold funds that would otherwise be allocated to the State, or require the repayment of an amount equal to the amount of any such assistance, for noncompliance. (Sec. 17) Directs each State to: (1) delineate the source water protection areas for community water systems in the State using hydrogeologic information considered to be reasonably available and appropriate by the State; and (2) conduct vulnerability assessments in source water areas determined to be a priority by the State. Authorizes States to establish source water quality partnership petition programs to assist in the local development of a voluntary, incentive-based partnership to reduce the presence in drinking water of contaminants and to obtain Federal and State financial or technical assistance. (Sec. 18) Extends the date for submitting State regulations to retain primacy for new or revised drinking water standards. Grants States interim primary enforcement authority. Authorizes appropriations. (Sec. 19) Requires the Administrator to review existing monitoring requirements for not fewer than 12 contaminants within two years. Authorizes: (1) States to establish alternative monitoring programs, except for regulations applicable to a microbial contaminant or an indicator of such a contaminant, subject to specified requirements; and (2) the Administrator or a State to suspend quarterly monitoring requirements applicable to small systems for any contaminant (other than a microbial contaminant or such an indicator that causes an acute effect or a contaminant formed in the treatment process or distribution system) that is not detected during the first quarterly sample in a monitoring cycle. Directs the Administrator to promulgate regulations establishing the criteria for a monitoring program for unregulated contaminants and to list up to 20 contaminants. Requires all systems serving more than 10,000 people to monitor for such contaminants. Authorizes appropriations. Requires the Administrator to establish a national database containing information on the occurrence of regulated and unregulated contaminants. (Sec. 20) Requires each owner or operator of a public water system to give notice to those served by the system: (1) of any failure of the system to comply with an applicable maximum contaminant level or treatment technique requirement of, or a testing procedure prescribed by, an NPDW regulation or to perform required monitoring; (2) if the system is subject to a variance granted for an inability to meet a maximum contaminant level requirement or is subject to a granted exemption, of the existence of the variance or exemption and of any failure to comply with the requirements of any schedule prescribed pursuant to the variance or exemption; and (3) of the concentration level of any unregulated contaminant for which the Administrator has required public notice. Directs the Administrator to prescribe the manner, frequency, form, and content for giving notice. Specifies that such regulations shall provide for different frequencies of notice based on the differences between violations that are intermittent or infrequent and violations that are continuous or frequent and shall take into account the seriousness of any potential adverse health effects that may be involved. Permits a State to establish alternative notification requirements. Sets forth reporting requirements. (Sec. 21) Revises enforcement provisions of the Act to permit enforcement actions to be taken by both EPA and a State with primary enforcement responsibility. Directs the Administrator to notify local elected officials before taking enforcement actions against public water systems in nonprimacy States. Authorizes the Administrator or a State to suspend enforcement action with respect to a violation for a two-year period if the violation is to be corrected through a consolidation or restructuring during that period. Requires States to adopt administrative penalties of at least $1,000 per violation for large systems. Increases the maximum amount for an administrative penalty imposed by EPA from $5,000 to $25,000 per violation, but only after a hearing on the record. (Sec. 22) Waives the sovereign immunity of Federal agencies, subject to specified limitations. Allows citizens and States to seek penalties for all violations of the Act at Federal facilities. (Sec. 23) Authorizes appropriations for research with respect to the safe supply of drinking water. Directs the Administrator to: (1) develop and periodically update an integrated risk characterization strategy for drinking water quality; and (2) develop and carry out a research plan to support the development and implementation of rules regarding enhanced surface water treatment, disinfectant and disinfection byproducts, and ground water disinfection. Sets forth reporting requirements. (Sec. 24) Revises the definition of "public water system" to include water for human consumption through pipes or other constructed conveyances. Excludes from regulation connections to non-piped systems where alternative water supplies or treatment to levels that are equivalent to NPDW regulations is provided before the water is used for drinking or cooking. (Sec. 25) Authorizes the Administrator to makes grants to States for the development and implementation of State programs for the protection of groundwater resources. Prohibits any such grant from being used for more than half of the cost of the program. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the extent and seriousness of contamination of private sources of drinking water that are not regulated under this Act. Authorizes the Administrator to reestablish a partnership between the Robert S. Kerr Environmental Research Laboratory and the National Center for Ground Water Research, a university consortium, to conduct research, training, and technology transfer for groundwater quality protection and restoration. (Sec. 26) Prohibits the use (after June 19, 1986, in the installation or repair of any public water system or in any plumbing in a facility providing water for human consumption) or sale (effective two years after this Act's enactment) of any pipe, or plumbing fitting or fixture, that is not lead free, with exceptions. Directs the Administrator to: (1) provide accurate and timely technical information and assistance to qualified third-party certifiers in the development of voluntary standards and testing protocols for the leaching of lead from new plumbing fittings and fixtures that are intended by the manufacturer to dispense water for human ingestion; and (2) promulgate regulations setting a health effects-based performance standard establishing maximum leaching levels from new plumbing fittings and fixtures that are intended by the manufacturer to dispense water for human ingestion if a voluntary standard is not established within a year. Repeals Federal law encouraging the use of geothermal heat pumps that return water to the distribution lines of public water systems. (Sec. 27) Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to issue a regulation establishing a quality level for each contaminant in bottled water or make a finding that a regulation is unnecessary to protect the public health because the contaminant is contained in water in the public water systems and not in water used for bottled drinking water. (Sec. 28) Directs the Administrator to: (1) identify and rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare; (2) estimate the private and public costs associated with each source of pollution and the costs and benefits of complying with regulations designed to protect against risks associated with such sources and those associated with major Federal actions selected by the Administrator that have the most significant impact on human health or the environment; (3) identify reasonable opportunities to achieve significant risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on human health, the environment, or public welfare; (4) identify, explain, and determine research that would reduce uncertainties associated with the risks; and (5) consider and estimate the monetary and other values of the benefits associated with reducing risk to human health and the environment. Sets forth reporting requirements. Directs the Science Advisory Board to conduct a technical review of Administrator's report in public session before submission to the Congress. (Sec. 29) Authorizes the Chief of the Army Corps of Engineers to modernize the Washington Aqueduct. Authorizes appropriations. Modifies the membership of the National Drinking Water Advisory Council to include two members representing small, rural water systems.
United States · United States Congress · 29 September 1995
Senior Citizens Health Care Freedom to Contract Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to declare that nothing in such title shall prohibit a physician or other provider from entering into a private health services contract with a Medicare beneficiary for which no claim for payment is to be submitted under the program.
United States · United States Congress · 29 September 1995
Requires the Senate and the House of Representatives to assemble in the Hall of the House on October 11, 1995, to remember the veterans and those who served on the home front in closing the commemoration of the 50th Anniversary of World War II. Designates November 4 through 11, 1995, as a Week of National Remembrance and the Closing of the 50th Anniversary of World War II. Calls for National Days of Prayer on November 4 through 5, 1995, and a World War II Education Day across America on November 8, 1995. Requires commemorations during such week to include the dedication of the future site of the Nation's World War II Memorial in Washington, D.C. Designates Veterans Day, November 11, 1995, as a "National Day of Observance and Celebration of the 50th Anniversary of World War II. Urges each State Governor and chief executive of political subdivisions of each State to issue a proclamation calling upon citizens to participate on November 11, 1995, at 11 o'clock a.m. in the ringing of the Bells of Peace and Freedom 50 times to signify the 50 years without a world war and the world's hope to achieve another 50 years of peace and freedom.
![Official portrait of Sen. Craig, Larry E. [R-ID]](https://www.congress.gov/img/member/c000858_200.jpg)