A resolution designating the month of November 1995 as "National American Indian Heritage Month", and for other purposes.
United States · United States Congress · 1 November 1995
Designates November 1995 as National American Indian Heritage Month.
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United States · United States Congress · 1 November 1995
Designates November 1995 as National American Indian Heritage Month.
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 · 19 October 1995
Expresses the sense of the Senate that: (1) no further loans should be made to Mexico without specific authorization from the Congress; (2) all loans made to Mexico should be repaid in full and on time; and (3) such debts should not be extended, rescheduled, or reduced.
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
TABLE OF CONTENTS: Title I: Repeal of the Public Utility Holding Company Act of 1935 Title II: Enactment of the Public Utility Holding Company Act of 1995 Title III: Conforming Changes to Other Statutes Public Utility Holding Company Act of 1995 - Title I: Repeal of the Public Utility Holding Company Act of 1935 - Repeals the Public Utility Holding Company Act of 1935 (PUHCA). Title II: Enactment of the Public Utility Holding Company Act of 1995 - Declares that this Act does not apply to persons previously exempted from regulations under the PUHCA. Authorizes the Federal Energy Regulatory Commission (FERC) to institute proceedings to terminate any such exemption if termination would be necessary for regulating the rates of a public utility company and for protecting consumers. Empowers FERC to exempt any person or transaction from this title if it finds that regulation of such person or transaction is irrelevant to the rates of a public utility company. Prescribes procedural guidelines for both FERC and State access to holding company records (including subsidiaries and affiliates). Retains the jurisdiction of FERC and State commissions to determine whether a public utility company may recover in rates any costs of affiliate transactions. Grants FERC certain Federal Power Act enforcement powers. Transfers from the Securities and Exchange Commission (SEC) to FERC all resources that relate primarily to the functions vested in FERC by this Act. Expresses the sense of the Congress that all personnel of the Office of Public Utility Regulation of the SEC should be transferred to FERC. Title III: Conforming Changes to Other Statutes - Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines.
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 · 12 October 1995
Designates the Federal Triangle Project under construction at 14th Street and Pennsylvania Avenue, Northwest, in the District of Columbia, as the Ronald Reagan Building and International Trade Center.
United States · United States Congress · 29 September 1995
TABLE OF CONTENTS: Title I: Community Participation Title II: State Role Title III: Voluntary Cleanup Title IV: Selection of Remedial Actions Title V: Liability Allocations Title VI: Federal Facilities Title VII: Natural Resource Damages Title VIII: Miscellaneous Title IX: Funding Accelerated Cleanup and Environmental Restoration Act of 1995 - Title I: Community Participation - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) to direct the Administrator of the Environmental Protection Agency (EPA) to establish Community Response Organizations (CROs) to solicit views on issues affecting remedial action plans. Authorizes technical assistance grants to citizen groups of two or more who may be affected by the release or threatened release of a hazardous substance, pollutant, or contaminant on the State registry or National Priorities List (NPL). Adds provisions designed to improve public participation in the Superfund decisionmaking process and requiring the Administrator to consider community remedial action alternatives in the same manner as alternatives proposed by potentially responsible parties. Title II: State Role - Amends CERCLA to add provisions requiring the Administrator, upon application by a State, to delegate authority to perform functions (including risk analysis, remedy selection, remedial design, remedial operation, allocation of liability, and enforcement) with respect to one or more non-Federal listed facilities in the State. Prescribes application and performance procedures. Provides for the removal of delegated facilities from the NPL and the deposit of recovered costs in the Hazardous Substances Superfund. Directs the Administrator to provide grants to States to carry out delegated functions. Title III: Voluntary Cleanup - Adds new provisions to CERCLA requiring the Administrator to provide technical and other assistance to States to establish and expand qualifying State voluntary response programs, including oversight and enforcement programs. (Sec. 302) Defines "brownfield facility" to mean a parcel of land containing abandoned or underused commercial or industrial property, the expansion or redevelopment of which is complicated by the presence or potential presence of a hazardous substance. Excludes from the definition seven specific categories of facilities, including: NPL facilities, facilities under administrative or judicial cleanup orders, and U.S.-owned facilities. Directs the Administrator to establish a program to provide interest-free loans of up to $200,000 to local government entities and Indian tribes for site characterization and assessment of brownfield facilities. Prescribes loan ranking and application procedures. (Sec. 303) Amends CERCLA's definition of "owner or operator" for purposes of determining cleanup liability to exclude persons not participating in facility management who hold an indicium of ownership primarily to protect a security interest. Adds a definition of "fiduciary" and limits fiduciary liability. Delimits liability of lenders. (Sec. 304) Amends the Federal Deposit Insurance Act to provide that, with specific exceptions, a Federal banking or lending agency shall not be liable under any law imposing strict liability for the release or threatened release of a hazardous substance from a facility acquired through receivership or conservatorship, through a loan or financial assistance, or in connection with a civil or criminal proceeding or administrative enforcement action. Prescribes rules of construction. (Sec. 305) Adds to CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site. (Sec. 306) Limits liability of bona fide prospective purchasers so long as they do not impede response actions or natural resource restoration. (Sec. 307) Requires that the standards developed by the American Society for Testing and Materials (ASTM) be used to determine innocent landholder status. Title IV: Selection of Remedial Actions - Amends CERCLA to add definitions of "actual or planned or reasonably anticipated future use of the land and water resources," "significant ecosystem," and other terms. (Sec. 402) Establishes revised procedures for selection and implementation of remedial actions. Requires selection of the most cost-effective means of achieving the goals of protecting human health and the environment, using specified criteria and allowing for technical impracticability and unreasonable cost. States that a remedial action shall not be required to attain any standard that would be legally applicable under any other Federal or State law except in cases involving the transfer of hazardous waste off-site. (Sec. 403) Adds new provisions regarding the use and requirements of facility-specific risk evaluations. Requires EPA to issue regulations that promote a realistic characterization of risk that neither minimizes nor exaggerates the risks and potential risks posed by a facility or a proposed remedial action. (Sec. 404) Establishes procedures, in lieu of any other law, for conducting remedial investigations, feasibility studies, records of decisions, remedial designs, and remedial actions. (Sec. 405) Prescribes procedures and time frames for final EPA notice of completion of remedial action and delisting of a facility. Provides for release from further liability for facilities available for unrestricted use. Requires seven-year reviews by EPA of facilities not available for unrestricted use. (Sec. 406) Sets forth transition rules for facilities involved in remedy selection on the date of enactment of this Act. (Sec. 408) Revises the National Contingency Plan to prohibit the Administrator, when listing a site on the NPL, from including property at which no release has occurred but to which a contaminant had migrated in groundwater. Title V: Liability Allocations - Adds new provisions allocating liability for multiparty facilities. Differentiates mandatory, requested, and permissive allocations. Prescribes allocation process procedures, including time frames, selections of allocators, reports, orphan shares, and de minimis settlements. (Sec. 502) Excludes response action contractors from the definition of "owner or operator." Amends the national uniform negligence standards. Revises procedures governing EPA decisions to indemnify response action contractors. Limits actions against response action contractors. (Sec. 503) Requires nonconfidential CERCLA records and reports to be released within 14 days after the information is obtained. (Current law provides no time limit for public availability.) (Sec. 505) Adds provisions which include religious, charitable, scientific, and educational organizations as owner-operators. Limits the liability of such organizations. (Sec. 506) Adds provisions limiting the liability of railroad owners or operators of spur tracks. Title VI: Federal Facilities - Amends CERCLA to revise provisions governing the transfer of authorities vested in the Administrator to allow States to apply to exercise such authorities at any U.S. facility located in the State. Prescribes procedures governing such transfers. (Sec. 602) Directs the Secretary of Energy, after providing Federal, State, and local agencies notice and opportunity for comment, to submit to the President annual lists identifying the Department of Energy (DOE) environmental cleanup requirements that cannot be met within the Department's budget request for environmental management activities. Requires inclusion of such information in the President's annual budget request. Allows for one list revision following appropriations funding. States that, with specified exceptions, no action seeking to impose civil or criminal sanctions under any law may be commenced against the United States, its employees, or DOE contractors with respect to failure to comply with DOE environmental cleanup requirements by reason of lack of funds appropriated specifically for such purposes during a fiscal year for which such cleanup requirement was on the list. (Sec. 603) Amends CERCLA to add provisions allowing the President to designate Federal facilities listed on, or proposed for listing on, the NPL to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. (Sec. 604) Amends provisions governing assessment and evaluation of Federal facility listings: (1) to allow notice of uncontaminated parcels; and (2) to include as a factor in determining priorities the extent to which the Federal land holding agency has arranged with the Administrator or a State to respond. Title VII: Natural Resource Damages - Amend CERCLA's definition of "natural resource" to add language that the resource is committed for use by the general public. States that a resource shall be considered to be committed for use by the general public only if, at the time of the act of disposal giving rise to liability, the resource is subject to a public use or to a planned public use, for which there is an authorized and documented legal, administrative, budgetary, or financial commitment. Adds definitions for "baseline," "compensatory restoration," and other terms. Revises provisions governing liability for costs and damages for release, or threatened release, of a hazardous substance, to limit recovery to the restoration of baseline ecological services. Requires that recovered sums shall be used for restoration. (Previous law provided for use to restore, replace, or acquire the equivalent.) Revises the measure of damages to provide that damages shall be limited to the reasonable costs of restoration and of assessing damages, disallowing recovery under CERCLA for impairments of non-use values. Prohibits double recoveries. Prohibits recovery of costs of compensatory restoration for a natural resource injury, destruction, or loss that occurred prior to December 11, 1980. Limits recovery for the costs of primary restoration. Requires selection of the most cost-effective method of achieving restoration. Sets dollar amount limitations on the aggregate liability of all parties for costs of compensatory restoration. Eliminates the rebuttable presumption and imposes revised methods of damage assessment, requiring district courts to try de novo the issue of defendant liability and the issue of the amount of liability. Requires, on judicial review of claims challenging trustee decisions, that the court hold unlawful and set aside actions, findings, and conclusions found to be unsupported by substantial evidence. Revises procedures governing the issuance of regulations for damage assessments, requiring that regulations identify, specify, and take into consideration four specific elements, including the ability of a natural resource to recover naturally and the availability of replacement or alternative resources. Requires biennial review of such regulation. Prohibits the Administrator from selecting a remedial action that goes beyond the measures necessary to protect human health and the baseline ecological services of the environment. Prohibits the imposition of liability for natural resource injuries resulting from a response action or remedial action selected by the Administrator. Revises CERCLA statutes of limitations. Title VIII: Miscellaneous - Revises National Contingency Plan guidelines for the National Hazardous Substances Response Plan to add procedures governing the conduct of response evaluations, including a requirement that such procedures use a results-oriented approach and other expedited actions in order to minimize response time and exposure hazards. (Sec. 802) Limits new NPL listings to 30 sites per year for the next three years. Requires prioritization of and State concurrence with such sites. States that the Administrator's authority to add sites to the NPL expires in three years. (Sec. 804) Amends the Solid Waste Disposal Act to exempt remediation waste from specified regulations, including those that bar storage and land disposal of untreated hazardous waste. Title IX: Funding - Amends CERCLA to authorize appropriations from the Fund of $8.5 billion for FY 1996 through 2000. (Sec. 902) Allows payment of orphan shares as a use of the Fund. (Sec. 903) Authorizes funds for Agency for Toxic Substances and Disease Registry activities. (Sec. 904) Sets limitations for FY 1996 through 2000 of $20 million per year for alternative or innovative technologies research, development, and demonstration programs and training, $20 million for hazardous substance research, and $5 million for university research centers. (Sec. 905) Authorizes appropriations to the Fund through FY 2000. (Sec. 906) Sets limits on funding of qualifying State voluntary response programs, brownfield cleanup assistance, and community response organizations. Specifies that collected recoveries will be credited as offsetting collections. (Sec. 907) Allows use of the Fund to reimburse potentially responsible parties following the results of an audit showing costs are unallowable or should be adjusted.
United States · United States Congress · 29 September 1995
Prohibits the Secretary of Health and Human Services and any other Federal official from: (1) regulating the use of tobacco or tobacco products by the National Association of Stock Car Automobile Racing or other professional motor sports association under the Federal Food, Drug, and Cosmetic Act; (2) taking any action with respect to tobacco, tobacco products, or tobacco advertising used by such associations under the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health and Education Act of 1986; and (3) enforcing any related executive order. States that nothing in this Act or any other Act shall provide the Food and Drug Administration with any tobacco-related regulatory authority.
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 · 26 September 1995
Amends the Solid Waste Disposal Act to define "remediation waste" as a solid waste or any medium generated during implementation of a remedial action plan (RAP) (a document issued, entered into, or approved by the Administrator of the Environmental Protection Agency (EPA) or a program State, as defined in this Act, to ensure that such waste is managed in a manner protective of human health and the environment). Directs a State that has a remediation waste management program authorized under this Act (a "program State") to exercise compliance with respect to a RAP in the program State. Directs the Administrator to exercise such authority with respect to a plan in a nonprogram State. Provides a rule for the management of remediation waste where a RAP provides for management of such waste in a State other than the State in which it is generated. Allows a State with a hazardous waste program authorized under the Act to obtain interim authorization to carry out its remediation waste management program after certifying to the Administrator that the State has the authority to control the management of remediation waste in a manner that is protective of human health and the environment, resources to administer and enforce such authority, and procedures to ensure public notice and opportunity for comment on RAPs submitted to the State. Provides for issuance of final authorization of the State's program by the Administrator not later than 18 months after it submits a certification. Provides a similar, but more extended procedure for remediation waste management programs of States without authorized hazardous waste programs. Provides for issuance by the Administrator of compliance orders for violations of RAP requirements, but requires notice to a State by the Administrator of violations of remedial waste management requirements contained in a RAP before commencing action to enforce compliance. Allows the Administrator to issue an order or commence an enforcement action if after 30 days the State does not take appropriate action to require compliance with RAP requirements. Excepts from hazardous waste classification petroleum-contaminated media and debris that fail the test for toxicity characteristics due to organics issued by the Administrator under hazardous waste identification and listing provisions and that are subject to corrective action under the underground storage tank provisions.
United States · United States Congress · 25 September 1995
Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Nuclear Waste Policy Act of 1995. Instructs the Secretary of Energy (the Secretary) to: (1) develop and operate a repository for the permanent geologic disposal of spent nuclear fuel and high-level radioactive waste; (2) accept spent nuclear fuel and high-level radioactive waste by no later than January 31, 1998, at facilities designated pursuant to certain interim storage facility contracts; (3) provide for the transportation of such wastes (including procuring all systems and components necessary to transport such fuel and waste among facilities comprising the Integrated Management System established by this Act); and (4) pursue expeditiously the development of each component of the integrated management system. Establishes an integrated management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Prescribes guidelines under which the Secretary is charged with the development and operation of a rail spur originating in Lincoln County, Nevada, and terminating at the interim storage facility site. Provides for intermodal transfer pending direct rail access. Sets a deadline by which the Secretary must develop the capability to commence rail to truck intermodal transfer at Caliente, Nevada. Requires the Nuclear Regulatory Commission (NRC) to enter into a Memorandum of Understanding with the City of Caliente and Lincoln County, Nevada, to advise the Commission regarding intermodal transfer and to facilitate on-site representation. Prescribes procedural guidelines for the availability by January 31, 1998 of: (1) railroads; (2) transportation planning and requirements; (3) interim storage facilities; (4) permanent disposal; and (5) land withdrawal. Prescribes guidelines for consultation, financial, and technical assistance between the Secretary and the State of Nevada. Instructs the Secretary to: (1) offer the State of Nevada and the affected local governmental entity an opportunity to designate an on-site oversight representative; and (2) offer to enter into separate benefits agreements with the State of Nevada and certain affected Counties concerning the integrated management system. Establishes a Review Panel to advise the Secretary on the integrated management system. Prescribes a fee schedule for electricity generated by civilian nuclear power reactors and spent nuclear fuel used to generate electricity in a civilian nuclear power reactor. Provides that payment of a one-time fee on either spent nuclear fuel used to generate electricity in a civilian nuclear power reactor, or the high- level radioactive waste derived from it, relieves the responsible party from further financial obligation to the Federal Government for its long-term storage or permanent disposal. Sets forth advance contract prerequisites for utilization or production facility license renewals under the Atomic Energy Act of 1954. Continues the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) issue a final rule establishing the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste from atomic energy defense activities and spent nuclear fuel foreign research reactors; and (2) advise the Congress annually of the amount of spent nuclear fuel and high-level radioactive waste from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Prescribes a prioritization scheme for the allocation of funds: (1) to components of the integrated management system; and (2) from the Nuclear Waste Fund. States that actions authorized by this Act shall be governed solely in accordance with the provisions of specified statutes. Grants the United States courts of appeals original and exclusive jurisdiction over civil actions under this Act. Prescribes guidelines for NRC licensing hearings. Prohibits the Secretary from conducting site-specific activities for a second repository unless the Congress has specifically authorized and appropriated funds therefor. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear power plant personnel. Delineates an acceptance schedule for contract holders' spent nuclear fuel and high-level radioactive waste. Proscribes: (1) subseabed or ocean water disposal of spent nuclear fuel or high-level radioactive waste; and (2) any obligation of funds for any such related activity. Continues the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take action as necessary to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. States that the program is not subject to civil service regulations. Abolishes the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. Requires the Secretary to present annual schedule and timeline status reports to the Congress. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; (2) employ, on an on-going basis, integrated performance modeling regarding site characterization; and (3) report an action plan (and annual updates) to the Congress regarding implementation of this Act and development of the Integrated Waste Management System.
United States · United States Congress · 22 September 1995
Economic Growth and Price Stability Act of 1995 - Amends the Federal Reserve Act to repeal the mandate of the Board of Governors of the Federal Reserve System and the Federal Open Market Committee to maintain long run growth of monetary and credit aggregates in order to promote maximum employment, stable prices, and moderate long-term interest rates. Replaces such mandate with a mandate to: (1) establish an explicit numerical definition of "price stability"; and (2) maintain a monetary policy that effectively promotes long-term price stability. Repeals the mandate of the Board and the Committee to report biannually to the Congress on national economic trends, taking into account unemployment, investment and productivity. Replaces such mandate with a mandate to consult semiannually with the Congress and report on their plans and the time required to achieve price stability. Repeals the Full Employment and Balanced Growth Act of 1978 (Humphrey-Hawkins Act). Amends the Employment Act of 1946 and the Congressional Budget Act of 1974 to reflect the provisions of this Act.
United States · United States Congress · 15 September 1995
Violent and Hard-Core Juvenile Offender Reform Act of 1995 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to include among the: (1) findings of such Act that emphasis should be placed on identifying violent and hard-core juvenile offenders who should be prosecuted as adults; and (2) purposes of such Act to assist State and local governments in protecting public safety by identifying violent and hard-core juvenile offenders and transferring them from the jurisdiction of the juvenile justice system to that of adult criminal court. Defines "serious habitual offender" for purposes of such Act. Requires that State plans (to receive formula grants): (1) require that not less than 75 percent of the funds available to the State be used for purposes including the establishment of serious habitual offender comprehensive action programs; (2) provide for the establishment and maintenance of an effective juvenile justice system that requires the prosecution of juveniles 14 years of age and older as adults in criminal court, rather than in juvenile delinquency proceedings, for specified offenses; (3) provide that a State will ensure that whenever a juvenile is adjudicated in a juvenile proceeding to have engaged in conduct constituting such an offense, a record relating to the adjudication is kept and made available, the juvenile is fingerprinted and photographed, and certain information is transmitted to the Federal Bureau of Investigation (FBI); and (4) provide that the State will ensure that if any juvenile has been adjudicated to be delinquent on two or more separate occasions based on conduct that would be a felony if committed by an adult, the record of the second and all subsequent adjudications shall be kept and made available to the public to the same extent as an adult conviction is open to the public. Requires that serious habitual offender comprehensive action programs be multidisciplinary interagency case management and information sharing systems. (Sec. 4) Requires the U.S. Sentencing Commission to promulgate or amend guidelines to provide that offenses contained in the juvenile record of an adult defendant be considered as adult offenses in sentencing determinations if such juvenile offenses would have constituted a felony had they been committed by an adult. (Sec. 5) Amends the Federal criminal code to direct that juvenile records be released to the extent necessary to meet inquiries from officials of a school, school district, or any post-secondary school where the individual who is the subject of the record seeks, intends, or is instructed or ordered to enroll. (Sec. 6) Amends the Individuals with Disabilities Education Act to make certain provisions under such Act inapplicable to a child with a disability who commits on the property of a school under the jurisdiction of the State or local educational agency a criminal act which would be considered a crime if committed by an adult and such act subsequently becomes the basis for a juvenile adjudication or criminal proceeding involving the child. (Sec. 7) Requires the Director of the FBI, Identification Division, to provide upon request the information received under provisions of the JJDPA to officials of a school, school district, or post-secondary school where the individual who is the subject of such information seeks, intends, or is instructed or ordered to enroll. (Sec. 8) Amends the Federal Juvenile Delinquency Act to require that: (1) with specified exceptions, juvenile defendants 14 years of age or older be prosecuted as adults if charged with specified offenses, including murder or attempted murder, robbery while armed with a dangerous or deadly weapon, forcible rape, and certain serious drug offenses; and (2) whenever a juvenile is adjudicated in a juvenile proceeding to have engaged in conduct constituting such an offense or to be delinquent for conduct which if committed by an adult would constitute a felony, the court shall require that a record relating to the adjudication is kept and made available, that the juvenile is fingerprinted and photographed, and that certain information is transmitted to the Federal Bureau of Investigation.
United States · United States Congress · 15 September 1995
Amends the Internal Revenue Code to allow a deduction for contributions to a medical savings account. Excludes from the gross income of an employee with catastrophic health plan coverage any employer contribution to such an account. Sets forth account requirements. Declares that it is the sense of the Senate that: (1) there should be parity for all health insurance, whether provided or purchased by individuals, self-employed, or employers; and (2) long-term care services and insurance should be provided tax status similar to medical care services and insurance.
United States · United States Congress · 15 September 1995
Family Medical Savings and Investment Act of 1995 - Amends the Internal Revenue Code to allow an individual covered under a catastrophic health plan a deduction in an amount equal to the amount paid by the individual to such individual's medical savings account not to exceed the lesser of: (1) $2,500; or (2) the catastrophic health plan deductible. Allows the deduction whether or not the individual itemizes deductions. Excludes employer-provided coverage under an accident or health plan from the gross income of an employee. Amends Federal law to allow a Government contribution to be made under the Federal Employees Health Benefits program for both a medical savings account and a catastrophic health plan.
United States · United States Congress · 8 September 1995
Iran Foreign Oil Sanctions Act of 1995 - Directs the President to impose certain twelve-month economic sanctions against foreign persons who, with requisite knowledge, export goods or technology that would contribute to Iran's ability to extract, refine, produce, store, or transport petroleum or natural gas products. Waives the requirements of this Act if the President certifies to the appropriate congressional committees that Iran has: (1) substantially improved its adherence to internationally recognized standards of human rights; (2) ceased its efforts to develop or acquire a nuclear explosive device, chemical or biological weapons, or missiles or related delivery systems; and (3) ceased support for acts of international terrorism. Sets forth additional criteria for such a waiver. Directs the President to establish a List of Petroleum and Natural Gas-Related Goods and Technology which shall be subject to the export control restrictions of this Act. Requires the President to report periodically to the appropriate congressional committees on Iran's: (1) nuclear and other military capabilities; and (2) support, if any, for acts of international terrorism.
United States · United States Congress · 7 September 1995
Amends the Bretton Woods Agreements Act to prohibit the authorization of appropriations for any increase in the U.S. subscription of capital stock in the International Bank for Reconstruction and Development (Bank) for use directly or indirectly for the establishment of an emergency financing mechanism (fund) under the control of the International Monetary Fund (IMF) or the Bank (particularly to help bailout banks of member nations). Directs the Secretary of the Treasury to instruct the Executive Directors of the IMF and the Bank to oppose and vote against any proposal to establish such a fund, as proposed by the Group of Seven Nations in Halifax, Nova Scotia on June 16, 1995.
United States · United States Congress · 11 August 1995
Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to allow, notwithstanding specified provisions of the Public Health Service Act (PHSA), dissemination to individuals and entities involved in health care (including practitioners, managed care organizations, insurers, and governmental agencies) written information (or an oral or written summary thereof) concerning: (1) a treatment use for an investigational new drug or an investigational biological product approved for that use; or (2) a use (whether or not the use is contained in the official labeling) of a new drug or a biological product for which a new drug application, an abbreviated new drug application, a certification of an antibiotic drug, or a product license issued under the PHSA has been approved. Sets forth restrictions and requirements. Allows, notwithstanding any other provision of law, dissemination to individuals and entities involved in health care (including practitioners, managed care organizations, insurers, and governmental agencies) written or oral information relating to a use (whether or not described in the official labeling) of a device registered under specified FDCA provisions. Sets forth restrictions and requirements. Declares that, notwithstanding any other provision of law, the dissemination shall not be construed as evidence of a new intended use or considered as labeling, adulteration, or misbranding of the device.
United States · United States Congress · 10 August 1995
TABLE OF CONTENTS: Title I: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act Subtitle A: Registration of Pesticides Subtitle B: Minor Use Crop Protection Subtitle C: Conforming Amendments Title II: Data Collection and Improved Procedures to Ensure that Tolerances Safeguard the Health of Infants and Children Title III: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act - Subtitle A: Registration of Pesticides - Amends Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) reregistration provisions to require the Administrator of the Environmental Protection Agency (EPA), as soon as the Administrator has sufficient information with respect to the dietary risk of a particular active ingredient (but no later the date of a reregistration determination), to: (1) reassess each associated tolerance (or tolerance exemption) issued under Federal Food, Drug, and Cosmetic Act (FDCA) provisions regarding pesticide residues in raw agricultural commodities; (2) determine whether the tolerance or exemption meets FDCA requirements and whether additional such tolerances or exemptions should be issued; and (3) commence proceedings under both FIFRA and FDCA as are warranted. Establishes a science review board to assist the scientific advisory panel that comments on decisions of the Administrator to cancel a pesticide's registration or change its classification and on regulations issued under FIFRA. Revises the definition of "unreasonable adverse effects on the environment" to include among such effects a human dietary risk from residue that results from use of a pesticide inconsistent with the standard determined by the Administrator to be adequate to protect the public health under FDCA. Subtitle B: Minor Use Crop Protection - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, any one of the alternatives poses greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or any one of the alternatives poses greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Subtitle C: Conforming Amendments - Makes conforming amendments to FIFRA related to pesticide minor uses. Title II: Data Collection and Improved Procedures to Ensure That Tolerances Safeguard the Health of Infants and Children - Directs the Administrator and the Secretaries of Agriculture and Health and Human Services to establish procedures to ensure that pesticide tolerances adequately safeguard the health of infants and children based on the recommendations of a specified report prepared by the National Research Council of the National Academy of Sciences. Directs the Secretary of Agriculture: (1) to collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, to implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title III: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 10 August 1995
TABLE OF CONTENTS: Title I: Abolishment of Department of Housing and Urban Development and Disposition of Functions Subtitle A: Abolishment of Department of Housing and Urban Development Subtitle B: Disposition of Particular Programs, Functions, and Agencies of Department of Housing and Urban Development Subtitle C: Miscellaneous Provisions Title II: Tenant-Based Vouchers for Rental and Homeownership Assistance Subtitle A: Block Grants for State Housing Voucher Assistance Subtitle B: Federal Housing Voucher Assistance Program Subtitle C: Determination of State Allocations and Election of Federal or State Voucher Program Subtitle D: Office of Federal Housing Voucher Assistance in Department of Health and Human Services Subtitle E: General Provisions Title III: Transition Provisions Relating to Replacement of Public Housing and Assisted Housing Programs Subtitle A: Replacement of Assisted Housing Programs Subtitle B: Interim Program for Public Housing Block Grants and Deregulation Subtitle C: General Provisions Title IV: Block Grants for Housing and Community Development Opportunities Subtitle A: Block Grants Program Subtitle B: Block Grants for Housing for Special Populations and Indian Housing Subtitle C: General Provisions Relating to Block Grants Subtitle D: Housing and Community Opportunities Agency Subtitle E: Effective Date Title V: Single Family Housing Mortgage Insurance Subtitle A: Federal Home Mortgage Insurance Program Subtitle B: Federal Home Mortgage Insurance Fund Administration Subtitle C: Transition Provisions Subtitle D: General and Miscellaneous Provisions Title VI: Office of Federalism in Office of Management and Budget Housing Opportunities and Empowerment Act - Title I: Abolishment of Department of Housing and Urban Development and Disposition of Functions - Subtitle A: Abolishment of Department of Housing and Urban Development - Reestablishes the Department of Housing and Urban Development (HUD) as the Housing and Urban Development Programs Resolution Agency (Agency) which shall be an independent Executive agency headed by the Resolution Administrator. Terminates the Agency as of September 30, 2000. (Sec. 106) Directs the General Accounting Office to report on the most efficient manner of abolishing HUD and transferring its functions. Subtitle B: Disposition of Particular Programs, Functions, and Agencies of Department of Housing and Urban Development - Sets forth specified transfers of HUD functions. (Sec. 122) Reestablishes the (HUD) Office of Federal Housing Enterprise Oversight as an office in the Department of the Treasury. (Sec. 123) Amends the National Housing Act to terminate the Government National Mortgage Association. Requires the Resolution Administrator to develop a phase-out plan. (Sec. 124) Abolishes the (HUD) Office of Public Affairs. Subtitle C: Miscellaneous Provisions - Sets forth transfer provisions, including authorizing the Office of Management and Budget to make any necessary transfer determinations. Title II: Tenant-Based Vouchers for Rental and Homeownership Assistance - Subtitle A: Block Grants for State Housing Voucher Assistance - Directs the Administrator of the Federal Housing Voucher Agency (established by this Act) to make State block grants for (low-income) housing voucher assistance. Sets forth program provisions, including waiver of voucher program requirements and alternate State grant uses. Subtitle B: Federal Housing Voucher Assistance Program - Establishes a Federal housing voucher assistance program of monthly payments on behalf of renting or first-time owning low-income families. Limits assistance to five years. Provides assistance portability within the same State or metropolitan area. Sets forth program provisions. Subtitle C: Determination of State Allocations and Election of Federal or State Voucher Program - Directs the Administrator (Voucher Administrator) of the Office of Federal Housing Voucher Assistance (established by this Act) to establish: (1) a State housing assistance need formula; and (2) a limit on assisted families per State and a maximum State allocation. (Sec. 252) Authorizes a State to elect State block grant voucher assistance (subtitle A) rather than Federal voucher assistance (subtitle B). Subtitle D: Office of Federal Voucher Assistance in Department of Health and Human Services - Establishes in the Department of Health and Human Services the Office of Federal Housing Voucher Assistance (to be headed by the Voucher Administrator) which shall carry out the housing assistance programs under this title and certain other transferred housing authorities. Subtitle E: General Provisions - Authorizes appropriations for specified provisions of this title. Title III: Transition Provisions Relating to Replacement of Public Housing and Assisted Programs - Subtitle A: Replacement of Assisted Housing - Replaces the following housing programs with a five-year interim public housing block grant program: (1) tenant-based section 8 assistance; (2) project-based section 8 assistance; (3) tenant-based rental assistance for disabled families; (4) rental assistance for persons with AIDS; (5) shelter plus care rental assistance for homeless persons; (6) tenant opportunity program; (7) flexible subsidies; (8) preservation programs; (9) service coordinators for assisted projects; and (10) Indian public housing, childhood development, and rental assistance. (Sec. 312) Provides for the transition of housing assistance from the interim block grant program to the voucher assistance programs. (Sec. 313) Provides for: (1) the transfer of specified remaining HUD authority to the Voucher Administrator; and (2) benefits to families assisted under terminated programs. Subtitle B: Interim Program for Public Housing Block Grants and Deregulation - Terminates the following housing programs: (1) public housing under title I or III of the United States Housing Act of 1937; (2) urban revitalization program; (3) public housing childhood development; (4) perinatal services demonstration; (5) youth sports demonstration; and (6) public and assisted housing drug elimination. (Sec. 322) Provides for the deregulation of public housing authorities (PHAs). Requires PHAs to develop a strategic plan as a condition of assistance eligibility. (Sec. 325) Establishes the Public Housing Block Grant Fund for grants to PHAs for public housing management and operations. Sets forth program provisions, including lead-based paint requirements. States that participation in the Family Self-Sufficiency program shall not be mandatory. (Sec. 330) Authorizes appropriations. Subtitle C: General Provisions - Defines specified terms. Title IV: Block Grants for Housing and Community Development Opportunities - Subtitle A: Block Grants Program - Requires the Director of the Housing and Community Opportunities Agency to make an housing assistance block grant to eligible States, entitlement areas, and Indian tribes. Sets forth program provisions, including at least 90 percent low-income use and one percent set-asides for Indian tribes. Subtitle B: Block Grants for Housing for Special Populations and Indian Housing - Obligates specified block grant funds for State housing programs for low-income special populations (elderly families, disabled families, or persons with acquired immunodeficiency syndrome (AIDS) and their families). (Sec. 422) Obligates specified block grant funds for Indian housing authorities. Subtitle C: General Provisions Relating to Block Grants - Authorizes block grant appropriations. Repeals specified housing and related programs. Subtitle D: Housing and Community Opportunities Agency - Establishes the Housing and Community Opportunities Agency as an independent Executive agency. Subtitle E: Effective Date - Sets forth effective dates for provisions of this title. Title V: Single Family Housing Mortgage Insurance - Subtitle A: Federal Home Mortgage Insurance Program - Establishes in the Treasury the Federal Home Mortgage Insurance Fund (Fund). States that Fund amounts shall be for: (1) payment of losses to qualified mortgage insurers; (2) payment of certain claim notes; (3) investment; and (4) certain annual assessments. (Sec. 502) Authorizes the Fund Administrator to enter into risk-sharing agreements with qualified mortgage insurers for single family home mortgage insurance coverage. Sets forth program provisions. Subtitle B: Federal Home Mortgage Insurance Fund Administration - Establishes within the Department of the Treasury the Federal Home Mortgage Insurance Fund Administration which shall administer the Federal Home Mortgage Insurance Fund. Subtitle C: Transition Provisions - Prohibits new Federal Housing Administration (FHA) loan or mortgage activities. Repeals specified FHA insurance authorities. Provides for the sale of FHA mortgage insurance interests and transfer of remaining authority to the Federal Home Mortgage Insurance Fund. Subtitle D: General and Miscellaneous Provisions - Sets forth miscellaneous and administrative provisions. Title VI: Office of Federalism in Office of Management and Budget - Establishes in the Office of Management and Budget the Office of Federalism whose duties shall include: (1) review of policy and legislation's effect on the Federal-State relationship; and (2) federalism issues liaison services. Authorizes appropriations.
United States · United States Congress · 9 August 1995
Fair Housing Reform and Freedom of Speech Act of 1995 - Amends the Fair Housing Act to permit a restriction relating to the maximum number of unrelated persons in a dwelling if such restriction's purpose is to limit land use to single family dwellings. States that such Act shall not be construed to apply to lawful activity, including a legal action, engaged in solely to: (1) achieve or prevent governmental action; or (2) receive a judicial interpretation of any provision of such Act.
United States · United States Congress · 9 August 1995
Fairness in Musical Licensing Act of 1995 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Provides that a performance or display in a commercial establishment shall not be considered infringement if incidental to the main purpose of the establishment. (Sec. 3) Specifies that if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. (Sec. 4) Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to all other licenses offered by the society to radio broadcasters (including the society's blanket license) for all such broadcasters. Sets forth provisions regarding prices of such licenses. Requires, beginning January 1, 1998, the performance of nondramatic musical works by broadcasters under any per programming period license to be determined on the basis of statistically reliable sampling or monitoring by the society and prohibits the society from requiring the broadcaster to report such performance to the society. Authorizes such broadcasters to bring actions to require compliance with such requirements. (Sec. 5) Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire, copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. (Sec. 6) Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. (Sec. 7) Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space. (Sec. 8) Provides that the transmission of religious services or the recording of copies or phonorecords of a transmission program embodying such services shall not be a copyright infringement.
United States · United States Congress · 9 August 1995
American Family Tax Relief Act of 1995 - Amends the Internal Revenue Code to allow a tax credit of $500 for each dependent child under 18 years old. Mandates increases for inflation.
United States · United States Congress · 8 August 1995
Accounting Standardization Act of 1995 - Directs the President, beginning with FY 1997, to require the heads of agencies to implement and maintain a uniform Federal accounting system established in accordance with this Act and other applicable law. Requires: (1) the Secretary of the Treasury, the Director of the Office of Management and Budget (OMB), and the Comptroller General to agree on proposed Federal accounting standards and interpretations recommended by the Federal Account Standards Advisory Board (FASAB), in accordance with the Memorandum of Understanding dated October 10, 1990, between the Department of the Treasury, OMB, and the General Accounting Office (GAO); and (2) the Comptroller General and the Director to publish such standards. Mandates that the Federal accounting system satisfy existing and future Federal accounting standards as recommended by the FASAB and approved by the Department of the Treasury, OMB, and GAO. Sets forth provisions regarding: (1) interim principles; (2) authority to modify or amend a standard; and (3) consistency of such system with the U.S. Government Standard General Ledger and with Federal management systems requirements. Authorizes: (1) the FASAB to recommend to the Secretary, Director, and Comptroller General the application of Federal accounting standards and Federal financial management systems requirements to specified corporations, agencies, or instrumentalities, or a federally chartered corporation or instrumentality (such entities); and (2) the Secretary, Director, and Comptroller General, upon FASAB recommendation, to require such entities to comply with all or part of such a standard or requirement. Requires each Federal agency to implement and maintain a uniform Federal accounting system in accordance with the requirements, and giving priority in funding and sufficient resources to implementation, of this Act. Permits each Federal agency to implement this Act by utilizing the assistance of private sector firms to develop basic systems, subject to the requirements specified in this Act. Sets forth provisions regarding: (1) audit compliance reporting; (2) penalties for violations; (3) enforcement; and (4) anti-deficiency violation penalties.
United States · United States Congress · 2 August 1995
Taxpayer Debt Buy-Down Act - Amends the Internal Revenue Code to allow individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation of the Federal Old-Age and Survivors Insurance Trust Fund, the Civil Service Retirement and Disability Fund, or the Department of Defense Military Retirement Fund). Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.
United States · United States Congress · 31 July 1995
Amends the Internal Revenue Code to make permanent the income tax exclusion of amounts paid under employee educational assistance programs.
United States · United States Congress · 28 July 1995
American Family-Owned Business Act - Amends the Internal Revenue Code to exclude from the gross estate specified portions of the adjusted value of the qualified family-owned business interests of the decedent.
United States · United States Congress · 27 July 1995
Commends Senator Robert Byrd for becoming the first Senator in history to cast 14,000 votes in the Senate.
United States · United States Congress · 21 July 1995
Amends the Federal criminal code to: (1) include equity skimming as a money laundering offense; and (2) include within provisions pertaining to obstruction of a Federal audit, attempts to influence, obstruct, or impede a Federal auditor in the performance of official duties relating to any property that is security for a mortgage that is insured, guaranteed, acquired, or held by the Secretary of Housing and Urban Development pursuant to specified provisions described in the National Housing Act. Amends such Act to require each contract for mortgage insurance to authorize the Secretary to recover from an owner, agent, manager, or other person (owner) who is otherwise in custody, control, or possession of property that is security for a mortgage note insured, acquired, or held by the Secretary and who is convicted of equity skimming, an amount equal to the sum of any benefit of insurance conferred on the mortgagee by the Secretary with respect to such property and any other losses incurred by the Secretary in connection with such property if the Secretary determines that the violation contributed to such conferred benefit or incurred loss. Specifies that any recovery under this provision shall be in addition to any fine, imprisonment, or other penalty imposed under such Act.
United States · United States Congress · 21 July 1995
Federal Advocacy Reform Act of 1995 - Prohibits from receiving Federal funding certain tax-exempt civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare, or local associations of employees, the membership of which is limited to the employees of a designated person or persons in a particular municipality, and the net earnings of which are devoted exclusively to charitable, educational, or recreational purposes (501(c)(4) organizations under the Internal Revenue Code).
United States · United States Congress · 17 July 1995
Requires a constitutional authority clause to follow the enacting clause of any Act of Congress or the resolving clause of any joint resolution. Requires a similar clause before each title, section, subsection, or paragraph which relies on a different constitutional provision.
United States · United States Congress · 17 July 1995
Amends the Standing Rules of the Senate to require a constitutional authority clause to follow the enacting clause of any Act of Congress or the resolving clause of any joint resolution. Requires a similar clause before each title, section, subsection, or paragraph which relies on a different constitutional provision. Makes it out of order for the Senate to consider legislation that does not comply with this Act.
United States · United States Congress · 29 June 1995
Swain County Settlement Act of 1995 - Directs the Secretary of the Interior to : (1) complete the road along the north shore of the Fontana Reservoir, North Carolina, pursuant to a specified 1943 agreement with the State of North Carolina, the Tennessee Valley Authority, and Swain County, North Carolina; and (2) upon completion of the road, pay a specified sum to Swain County. Authorizes appropriations. Requires the Secretary to allocate funds and personnel to place a suitable historical marker at or near the approach to the Cherokee Qualls Reservation at Soco Gap, North Carolina, in recognition of Soco Gap and the contribution of the Cherokee Nation to North Carolina and the United States.
United States · United States Congress · 29 June 1995
Parental Rights and Responsibilities Act of 1995 - Prohibits the Federal Government or any State or local government, or any official of such a government, from interfering with or usurping the right of a parent to govern the upbringing of a child of the parent. Disallows any exceptions to this Act unless the government or official is able to demonstrate, by appropriate evidence, that such interference or usurpation is valid to accomplish a compelling government interest, in which case only the least amount of interference may be used.
United States · United States Congress · 29 June 1995
Fairness in Federal Contracting Act of 1995 - Prohibits the use of funds, under any appropriations Act for FY 1995, for any executive order, or other rule, regulation, or order, that affects the ability of Federal contractors, subcontractors, or vendors to hire permanent replacements for lawfully striking employees.
United States · United States Congress · 29 June 1995
Amends the Internal Revenue Code to permit the use of the regular depreciation rules for purposes of the alternative minimum tax. Revises provisions relating to credit for prior year minimum tax liability to set forth a special rule for taxpayers with long-term unused credits.
United States · United States Congress · 29 June 1995
Commends Abby Saffold for her lengthy, faithful, and outstanding service to the Senate.
United States · United States Congress · 28 June 1995
TABLE OF CONTENTS: Title I: Amendments to the Securities Laws Title II: Clarification of Antitrust Laws Charitable Giving Protection Act of 1995 - Title I: Amendments to the Securities Laws - Exempts from the jurisdiction of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund deemed not to be an investment company under the Investment Company Act of 1940 (charitable gift annuities). Preempts State law to extend the charitable gift annuities exemption from its jurisdiction over: (1) securities registration or qualification requirements; and (2) any charitable organization regulation. Permits a State to enact a statute that specifically refers to this Act and provides prospectively that it does not preempt its laws. Title II: Clarification of Antitrust Laws - Exempts charitable gift annuities from application of the antitrust laws.
United States · United States Congress · 26 June 1995
Authorizes the Secretary of Defense or the Army to award a military decoration to any person for an act, achievement, or service performed in the Ia Drang Valley (Pleiku) campaign in Vietnam during the Vietnam War while serving on active Army duty. Directs the Secretary of the Army to: (1) review all recommendations for such awards received within 30 days after the enactment of this Act, including those received before such enactment; and (2) report to specified congressional committees concerning review findings, recommendations, and any final actions taken with respect to such awards.
United States · United States Congress · 23 June 1995
1995 Community Protection Initiative - Amends the Federal criminal code to exempt qualified current and former law enforcement officers carrying appropriate written identification of such status from State and local laws prohibiting the carrying of a concealed handgun.
United States · United States Congress · 22 June 1995
Office of Surgeon General Termination Act - Transfers all authorities and personnel of the Office of the Surgeon General of the Public Health Service to the Assistant Secretary for Health of the Department of Health and Human Services. Rescinds all unobligated portions of budget authority allocated for the Office. Terminates the Office and the position of such Surgeon General.
United States · United States Congress · 22 June 1995
TABLE OF CONTENTS: Title I: Capital Gains Reform Subtitle A: Capital Gains Deduction for Taxpayers Other Than Corporations Subtitle B: Capital Gains Reduction for Corporations Subtitle C: Capital Loss Deduction Allowed With Respect to Sale or Exchange of Principal Residence Title II: Small Business Venture Capital Stock Capital Formation Act of 1995 - Title I: Capital Gains Reform - Subtitle A: Capital Gains Deduction for Taxpayers Other Than Corporations - Amends the Internal Revenue Code to make, for noncorporate taxpayers, 50 percent of net capital gains deductible from gross income. Allows the deduction in computing adjusted gross income. Subtitle B: Capital Gains Reduction for Corporations - Revises requirements regarding alternative capital gains taxes for corporations. Subtitle C: Capital Loss Deduction Allowed With Respect to Sale or Exchange of Principal Residence - Allows an individual to deduct losses arising from the sale or exchange of the taxpayer's principal residence. Title II: Small Business Venture Capital Stock - Increases from 50 percent to 75 percent the exclusion of any gain from the sale or exchange of qualified small business stock held more than five years and applies the exclusion to corporate as well as noncorporate taxpayers. Removes provisions including, as an item of tax preference, a specified percentage of gains on the sale of certain small business stock. Increases the dollar gross asset limits domestic C corporations must not exceed in order to qualify for the exclusion as small businesses and institutes an inflation adjustment for those limits. Removes provisions relating to a per-issuer limitation on a taxpayer's eligible gain. Modifies: (1) working capital provisions and the definition of "qualified trade or business," both with regard to meeting the active business requirement; and (2) requirements regarding purchases by a corporation of its own stock. Recognizes, if the taxpayer so elects, eligible gain from the sale of qualified small business stock only to the extent that the amount realized exceeds specified factors.
United States · United States Congress · 21 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the design selected by the Black Revolutionary War Patriots Foundation for the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation to establish an endowment to support construction of the Memorial.
United States · United States Congress · 16 June 1995
TABLE OF CONTENTS: Title I: Regulatory Simplification and Voluntary Compliance Title II: Small Business Responsiveness of Covered Agencies Title III: Financial Accountability of Covered Agencies Relating to Fees and Expenses Small Business Regulatory Fairness Act of 1995 - Title I: Regulatory Simplification and Voluntary Compliance - Directs a Federal regulatory agency that is required to prepare a regulatory flexibility analysis for a rule or group of related rules to publish a compliance guide which: (1) contains a summary of the rules and a citation as to their location; (2) provides a notice to small businesses (small entities) of such rules as well as an understandable explanation of actions necessary for compliance; and (3) is updated as required to reflect rule changes. Requires such guides to be disseminated to small entities, as well as to small business development centers. Prohibits any covered agency from bringing an action against a small entity to enforce a rule for which such a guide has not been published and disseminated. (Sec. 103) Requires covered agencies other than the Federal Trade Commission, the Equal Employment Opportunity Commission, and the Consumer Product Safety Commission to determine within 90 days whether to grant or deny a request by a small entity that no action be taken against such entity with respect to the enforcement of a rule (no action request). Allows a small entity to rely on a no action response from a covered agency in any subsequent action brought against the small entity for a rule's enforcement. (Sec. 104) Makes inadmissible as evidence in an action, as well as outside of the bounds of discovery, any information compiled by a small entity in a voluntary self-audit. Provides exceptions. (Sec. 105) Prohibits the imposition of a fine or penalty against a small entity if the entity proves that: (1) a covered agency rule is vague or ambiguous; and (2) the interpretation of the rule by the small entity is reasonable considering such rule and any applicable compliance guide. Title II: Small Business Responsiveness of Covered Agencies - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to designate in each SBA region a senior SBA employee to serve as the Regional Small Business and Agriculture Ombudsman for such area. Requires the Ombudsman: (1) to solicit and receive comments from small businesses regarding regulatory enforcement activities of covered agencies; (2) based on such comments, to annually publish a small business responsiveness rating to each covered agency; (3) to publish periodic reports compiling the comments received; (4) to coordinate the activities of the Small Business Regulatory Fairness Board established under this title; and (5) to establish a toll-free telephone number to receive comments from small businesses. (Sec. 202) Directs the SBA Administrator to establish in each region a Small Business Regulatory Fairness Board to: (1) advise the Ombudsman on matters of concern to small businesses with respect to the regulatory enforcement activities of covered agencies; (2) conduct investigations of, and issue advisory findings and recommendations concerning, such enforcement activities; (3) review and approve the responsiveness ratings promulgated by the Ombudsman; and (4) prepare written opinions regarding the reasonableness and understanding of rules issued by covered agencies. (Sec. 203) Amends the Act to direct small business development centers to provide specified assistance to, and develop publications and programs for, small businesses with respect to regulatory requirements of covered agencies and compliance guides. Title III: Financial Accountability of Covered Agencies Relating to Fees and Expenses - Directs a covered agency to award fees, costs, and other expenses to a prevailing small entity in an adversary proceeding that raises a successful defense to a regulatory enforcement action or that receives a corrective action or penalty which is less burdensome than that sought or demanded by the covered agency. Limits the rate of payment of attorney's fees to no more than $150 per hour. Waives the payment of such fees, costs, and expenses only in limited special circumstances. Prohibits covered agencies from increasing fees regularly charged for services in order to cover fees, costs, and other expenses required to be paid to a prevailing small entity.
United States · United States Congress · 15 June 1995
TABLE OF CONTENTS: Title I: Abolishment of Department of Commerce Title II: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce Title III: Miscellaneous Provisions Department of Commerce Dismantling Act - Title I: Abolishment of Department of Commerce - Replaces the Department of Commerce (DOC) with the Commerce Programs Resolution Agency (CPRA), which is limited to three years to wind up and terminate the functions and obligations of the DOC before the CPRA itself is abolished. Directs the Comptroller General to report on the most efficient means of abolishing the DOC, and transferring or terminating its functions. Title II: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce - Repeals the Public Works and Economic Development Act of 1965 and transfers all financial obligations, liabilities, and related rights owned by DOC under such Act to the Department of the Treasury. Requires an audit by the Comptroller General of all DOC grants made under such Act in FY 1995. (Sec. 202) Transfers all export control functions of the DOC under the Export Administration Act to the Secretary of Defense, the President, the Secretary of the Treasury, the Attorney General, and the Secretary of State. Authorizes a limited number of specified DOC special agents to the Customs Service. Abolishes the Office of Foreign Availability and the Office of the Under Secretary of Commerce for Export Administration, and provides for the appointment of an Industries Board to advise the Secretary of State. (Sec. 203) Transfers specified national security functions: (1) granted by the Trade Expansion Act to the International Trade Commission; and (2) granted by the Defense Production Act to the Secretaries of Defense and of the Treasury. Directs the President to appoint committees of industry representatives to advise the National Security Council. (Sec. 204) Transfers to the United States Trade Representative (USTR) the functions of the DOC's International Trade Administration, and powers granted by the Uruguay Round Agreements Act. Makes the Secretary of the Treasury chairman and executive officer of the Foreign Trade Zones Board. Renames the United States and Foreign Commercial Service the U.S. Foreign Commercial Service (Commercial Service), abolishes specified functions, and transfers it to the USTR. Conveys all export promotion functions of the DOC to the USTR, authorizing the USTR to require private entities to pay for promotion services. Transfers the authority to collect and evaluate information on international investment and trade services to the Secretary of the Treasury. Abolishes the international economic policy analysis functions of the DOC. Terminates the Committee for the Implementation of Textile Agreements (CITA), and divides CITA's tasks among the USTR, the Commercial Service, and the Secretary of the Treasury. Transfers all DOC functions under the Fair Trade in Auto Parts Act of 1988 to the International Trade Commission. Requires the appointment of industry boards to advise the Secretary of the Treasury and the USTR regarding their new powers. (Sec. 205) Transfers the Patent and Trademark Office to the Department of Justice, and requires that the activities of that Office be funded solely by fees. (Sec. 206) Terminates the Technology Administration and the Office of Technology Policy. Transfers the National Institute of Standards and Technology to the National Science Foundation, and transfers its laboratories to the CPRA to be sold. Eliminates funding for, and requires the sale of assets of, the National Technical Information Service. (Sec. 207) Transfers the Bureau of the Census to the Department of the Treasury. Declares it to be the sense of the Congress that such Bureau should: (1) implement the Census Address List Improvement Act of 1994 in a timely fashion; and (2) streamline census questionnaires to promote savings in the collection and tabulation of data. (Sec. 208) Transfers the Bureau of Economic Analysis to the Federal Reserve System, requiring the director of that Bureau to report to the Congress on: (1) the availability of private resources capable of handling a portion or all of the Bureau's assigned tasks; and (2) the feasibility of a fee system to defray costs. (Sec. 209) Terminates assistance to: (1) public telecommunications; (2) educational television programs; and (3) telecommunications demonstrations. Repeals establishment of the National Endowment for Children's Educational Television (thus abolishing it). (Sec. 210) Transfers specified functions under the National Telecommunications and Information Administration Organization Act to the Chairman of the Federal Communications Commission. (Sec. 211) Terminates: (1) funding of specified fishery assistance programs; (2) the fisheries trade promotion program; (3) the authority to guarantee obligations for fishing vessels and facilities; (4) future compensation for damage, loss, or destruction of fishing vessels or fishing gear; and (5) funding of specified Federal fishery research projects. Eliminates the National Oceanic and Atmospheric Administration (NOAA) Corps and the Office of Oceanic and Atmospheric Research, and conveys specified functions of both to the National Weather Service. Transfers the National Environmental Satellite, Data, and Information System Data Centers in part to the CPRA to be sold, and in part to the National Weather Service. Terminates certain functions of the National Weather Service, and transfers it to the Department of the Interior. Reallocates various specified functions of the National Marine Fisheries Services to the Secretary of Transportation, the Fish and Wildlife Service, and the Secretary of Agriculture. Conveys specified functions of the National Ocean Service to the United States Geological Survey and the Secretary of the Interior. Transfers certain NOAA environmental research laboratories to the CPRA to be sold. (Sec. 212) Abolishes the following DOC agencies and programs: (1) Economic Development Administration; (2) Minority Business Development Administration; (3) United States Travel and Tourism Administration; (4) National Telecommunications and Information Administration; (5) Advanced Technology Program; and (6) Manufacturing Extension Programs. (Sec. 214) Declares the sense of the Congress that the head of each agency performing a function vested by this Act should, wherever feasible, explore and implement user fees for services provided in the performance of such function, to offset operating costs. Title III: Miscellaneous Provisions - Limits annual expenditures for any function not terminated by this Act to 75 percent of FY 1994 expenditures for the performance of such function.