United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Child Tax Credit Title II: Capital Gains Reform Subtitle A: Taxpayers Other Than Corporations Subtitle B: Corporate Capital Gains Subtitle C: Capital Loss Deduction Allowed with Respect to Sale or Exchange of Principal Residence Title III: Estate and Gift Provisions Title IV: Savings Incentives American Family Tax Relief Act - Title I: Child Tax Credit - Amends the Internal Revenue Code to allow a credit of $500 per child. Reduces such credit incrementally as income increases above threshold amounts. Title II: Capital Gains Reform - Subtitle A: Taxpayers Other Than Corporations - Provides for taxpayers, other than corporations, a deduction of 50 percent of net capital gain. Provides that, in the case of an estate or trust, the deduction shall be computed by excluding the portion of the gains from sales or exchanges of certain capital assets includible in gross income by the income beneficiaries as gain derived from the sale of capital assets. Excludes collectibles gain from the computation of net capital gain. Sets forth a formula for determining the maximum rate on nondeductible capital gain. Allows the deduction in computing adjusted gross income. (Sec. 202) Provides that for taxpayers, other than corporations, the indexed basis of an asset shall be substituted for its adjusted basis in determining gain on the disposition of an indexed asset, if held more than three years. Defines an indexed asset as: (1) common stock in a C corporation; and (2) tangible property which is a capital asset used in a trade or business. Defines the indexed basis as: (1) the adjusted basis of the asset, increased by; (2) the applicable inflation adjustment. Defines applicable inflation adjustment. Suspends treatment of an asset as an indexed asset during any period in which a taxpayer enters into an agreement which substantially reduces the risk of loss of holding the asset. Provides for the treatment of short sales. Permits such substitution, subject to stated exceptions, to any qualified investment entity. Permits stock in a regulated investment company or a real estate investment trust to be an indexed asset as specified. Provides for pass-through in the case of: (1) a partnership to partners; (2) an S corporation to shareholders; and (3) a common trust fund to participants. Makes the provisions of this section inapplicable to a disposition of property between related persons, except to the extent that the basis of such property in the hands of the transferee is a substituted basis. Sets forth rules concerning: (1) improvements; (2) assets which are not indexed assets throughout the holding period; (3) treatment of certain dispositions; (4) acquisition date where there has been a prior application of this section; and (5) collapsible corporations. Applies the provisions of this section to the disposition of property the holding period of which began after December 31, 1996. (Sec. 203) Repeals the minimum tax preference applicable to the sale of certain small business stock. Doubles the amount of assets a qualified small business may have and remain eligible for reduced rates. Repeals the per-issuer limitation on a taxpayer's eligible gain. Requires that certain working capital of a small business must be expended in five (currently, two) years to be treated as actively in business. Subtitle B: Corporate Capital Gains - Provides for a reduction in the alternative capital gains tax for corporations. Subtitle C: Capital Loss Deduction Allowed With Respect to Sale or Exchange of Principal Residence - Treats as a deductible capital loss a loss from the sale or exchange of a principal residence. Title III: Estate and Gift Provisions - Increases, over an eight year period, the unified estate and gift tax credit. (Sec. 302) Establishes estate tax rules for qualified family-owned business interests, if such interests exceed 50 percent of the adjusted gross estate. Excludes, subject to specified requirements, from the value of such an estate the lesser of: (1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includible in the estate, or; (2) the sum of $1.5 million, plus 50 percent of the excess of the adjusted value of such interests over $1.5 million. Subjects such exclusion to recapture, if specified events occur. (Sec. 303) Extends from 10 to 20 years the amount of time permitted to an estate for making installment payments of the estate tax in an estate consisting largely of interest in a closely held business. Revises provisions concerning the payment of interest on such tax to make a certain portion interest-free. Title IV: Savings Incentives - Increases incrementally, through the year 2000, the adjusted gross income phaseout limits for IRA (individual retirement account) contributions. Repeals, after the year 2000, such limits. Permits a spouse who is not an active IRA plan participant to make a deductible IRA contribution of up to $2,000 without regard to such limits. (Sec. 403) Permits an individual to create an IRA Plus Account into which limited nondeductible contributions can be made. Excludes a qualified distribution from gross income. Defines a qualified distribution as any distribution made: (1) after age 59 and one-half; (2) to a beneficiary after the death of the owner of the account; (3) because of disability; or (4) as a qualified special purpose distribution (medical expenses, long-term unemployment, etc.). Prohibits distributions made within five years of establishing (or, of rolling over into) such an account as being treated as qualified distributions. (Sec. 404) Permits tax-free withdrawals from an individual retirement account for: (1) business start-up costs; (2) long-term (more than 12 weeks) unemployment; or (3) higher education expenses of the taxpayer or the taxpayer's spouse or child.
United States · United States Congress · 21 January 1997
Paycheck Protection Act - Amends the Federal Election Campaign Act to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities. States that an authorization shall remain in effect until revoked and may be revoked at any time.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Safe and Drug-Free Schools Initiative Subtitle A: Student Opportunity and Safety Subtitle B: Common Sense School Safety Title II: Amendments to the Elementary and Secondary Education Act of 1965 Title III: Tax Incentives for Higher Education Title IV: Funding for Part B of the Individuals With Disabilities Education Act Title V: Adult Education and Family Literacy Subtitle A: Adult Education Act Subtitle B: Demonstration Programs and Projects to Promote Literacy Subtitle C: National Commission on Literacy Safe and Affordable Schools Act of 1997 - Title I: Safe and Drug-Free Schools Initiative - Subtitle A: Student Opportunity and Safety - Student Opportunity and Safety Act - Authorizes appropriations for the grants program established under this subtitle and for program evaluation. (Sec. 115) Directs the Secretary of Education to make grants to eligible entities for 20 to 30 demonstration projects under which low-income parents receive education certificates for the costs of enrolling their eligible children in a choice school. Gives priority to eligible entities that: (1) are conducting a school choice program, involving public or private schools, on the date of enactment of this Act; and (2) operate a school choice program, involving public and private schools, that is authorized by Federal law. Requires 90 percent of such grants (85 percent the first year) to be used for providing education certificates to low-income parents to pay tuition, fees, allowable transportation costs, and costs of certain special programs, for their eligible children to attend a choice school. Allows the remainder to be used for administration of the demonstration project. Declares that such education certificates shall be considered as: (1) aid to parents, not to the choice school. States that such education certificates shall not be considered income to an eligible child or its parent for Federal, State, or local tax purposes, or for determining eligibility for any other Federal program. Subtitle B: Common Sense School Safety - Common Sense School Safety Act - Chapter I: Pupil Safety and Family Choice - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow students, who are program-eligible or who attend a program-eligible school, to switch schools if they have been victims of violent crimes in or on the grounds of their schools. Authorizes the local educational agency (LEA) to use program funds to pay certain supplementary costs for such students to attend any other public or private elementary school or secondary school, including a sectarian school, in that State, that is selected by the student's parent. (Sec. 151) Authorizes States, State educational agencies (SEAs), or LEAs to transfer any non-Federal public funds associated with the education of a student who is a victim of a violent criminal offense while in or on the grounds of a public elementary school or secondary school served by an LEA to another LEA or to a private elementary school or secondary school, including a sectarian school. Chapter II: Victim Assistance Programs - Amends the Victims of Crime Act of 1984 to authorize: (1) use of victim compensation program grant funds for compensation to students who are victims of school violence; and (2) grants for a demonstration project or for training and technical assistance services to a program that assists LEA programs designed to protect victims of and witnesses to incidents of school violence. Chapter III: Innovative Programs to Improve Unsafe Schools - Authorizes appropriations for the grants program established under this chapter. (Sec. 175) Authorizes the Secretary to award grants to States, SEAs, and LEAs for innovative programs to improve unsafe elementary schools or secondary schools. Gives priority to programs that: (1) provide parent and teacher notification of crimes or drug activity occurring at school; (2) provide for the suspension, delay, or restriction of driving privileges of persons under age 18 who have a conviction, an adjudication in a juvenile proceeding, or a finding in a school disciplinary proceeding, involving illegal drugs; (3) link local educational agencies with community-based mentoring programs; (4) include cooperative efforts between the Secretary and the Secretary of Defense to share the training and salary costs of former members of the Armed Forces who are hired as teachers and assigned to teach in public elementary schools and secondary schools, especially in communities adversely affected by the recent closing or substantial downsizing of a military base or facility; and (5) enhance school security measures. Chapter IV: Notification for Juvenile Justice and Law Enforcement Purposes - Directs the Secretary to prepare and distribute to SEAs and LEAs a notice regarding the extent of permissible disclosure of educational records under the General Education Provisions Act and related regulations. Title II: Amendments to the Elementary and Secondary Education Act of 1965 - State Education Flexibility Act - Amends ESEA to include under targeted uses of LEA innovative education assistance funds: (1) programs using scholarships or vouchers provided to a parent by an LEA that permit the parent to select the public or private, including sectarian, school that the parent's child will attend; (2) education reform projects that provide same gender schools, as long as comparable educational opportunities are offered for students of both sexes; and (3) education reform projects that reward teachers, administrators, and schools with cash bonuses and other incentives for significantly improving the academic performance of their students. Title III: Tax Incentives for Higher Education - Affordable College Act - Amends the Internal Revenue Code with respect to qualified State tuition programs to provide for Bob Dole Education Investment Accounts. Limits contributions to such an account to $1,000 in cash per calendar year for an account holder under age 18. Exempts such accounts from Federal income taxation, except the tax on the unrelated business income of charitable organizations. (Sec. 301) Prohibits the establishment of such an account for the benefit of more than one individual. Provides that, if at any time during a calendar year, two or more education investment accounts are maintained for the benefit of an individual, only the account first established shall be treated as a Bob Dole education investment account (except where more than one account exists solely by reason of a rollover contribution). (Sec. 302) Extends permanently the tax exclusion for educational assistance programs provided by employers. Allows such programs to include assistance for graduate education. (Sec. 303) Revises the tax treatment of qualified State tuition programs to exclude from gross income any distributions used for qualified higher educational expenses, including room and board. (Sec. 304) Allows a tax deduction for up to $2,500 per year of interest on education loans, with specified reductions for taxpayers whose adjusted gross income exceeds certain amounts. Allows such deduction whether or not the taxpayer itemizes other deductions. Requires specified tax returns from persons (including governmental units) which have received education loan interest in the course of trade or business from individuals. (Sec. 305) Excludes from gross income any payments received under a Federal work study program. Title IV: Funding for Part B of the Individuals With Disabilities Education Act - Amends the Individuals with Disabilities Education Act to extend the authorization of appropriations for Assistance for Education of All Children with Disabilities. Title V: Adult Education and Family Literacy - Subtitle A: Adult Education Act - Amends the Adult Education Act (AEA) to revise and consolidate AEA programs for adult education and family literacy, and to extend the authorization of appropriations for such programs. (Sec. 511) Revises requirements for Grants to Eligible Agencies, National Programs, and the National Institute for Literacy. Renames the National Institute Board the National Institute for Literacy Advisory Board. Directs the Secretary of Education to carry out a program of national leadership activities to enhance the quality of adult education and family literacy programs nationwide, including specified types of assistance, evaluation, and demonstration activities. (Sec. 512) Extends the authorization of appropriations for the functional literacy and life skills program for State and local prisoners. (Sec. 513) Revises specified provisions of the Refugee Education Assistance Act of 1980 and ESEA to conform to the amendments made to AEA. Subtitle B: Demonstration Programs and Projects to Promote Literacy - Amends ESEA title X (Programs of National Significance) to authorize the Secretary of Education to make grants to and contracts and cooperative agreements with SEAs, LEAs,, institutions of higher learning, and other public and private organizations to establish Demonstration Partnerships to Promote Literacy. Authorizes appropriations. Subtitle C: National Commission on Literacy - National Commission on Literacy - Establishes the National Commission on Literacy to review and report to the President and the Congress on the social and economic impact of illiteracy in the United States and any correlation between such impact and welfare costs, juvenile delinquency, special education, adult literacy programs, drug addiction, and underemployment. Authorizes appropriations.
United States · United States Congress · 21 January 1997
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House. Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Transfer of Alien Prisoners Title II: Exclusionary Rule Reform Subtitle A: Exclusionary Rule Reform Subtitle B: Confession Reform Title III: Violent Crime, Drugs, and Terrorism Subtitle A: Criminal Penalties and Procedures Subtitle B: International Terrorism Subtitle C: Commissions and Studies Title IV: Community Protection Subtitle A: Law Enforcement Assistance Subtitle B: Citizens' Assistance Title V: Criminal Procedure Improvements Subtitle A: Equal Protection for Victims Subtitle B: Firearms Subtitle C: Federal Death Penalty Title VI: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors Title VII: Combating Violence Against Women and Children Subtitle A: General Reforms Subtitle B: Domestic Violence Title VIII: Violent Crime and Terrorism Subtitle A: Violent Crime and Terrorism Subtitle B: Courts and Sentencing Subtitle C: White Collar Crime Subtitle D: Miscellaneous Provisions Title IX: Prison Reform Subtitle A: Prison Litigation Reform Subtitle B: Federal Prisons Title X: Miscellaneous Provisions Title XI: Violent and Repeat Juvenile Offenders Subtitle A: Juvenile Justice Reform Subtitle B: Juvenile Gangs Subtitle C: Juvenile Crime Control and Accountability Omnibus Crime Control Act of 1997 - Title I: Transfer of Alien Prisoners - Transfer of Alien Prisoners Act of 1997 - Directs the Attorney General to begin transferring undocumented aliens who are incarcerated in the United States and whose convictions have become final to the custody of the government of the alien's country of nationality for service of the duration of the alien's sentence in that country, except for aliens who are nationals of a foreign country that the Secretary of State (Secretary) has determined has repeatedly provided support for acts of international terrorism. (Sec. 103) Directs the Secretary to: (1) renegotiate all treaties requiring the consent of such an alien to such a transfer; and (2) withdraw the United States as a party to any such treaty requiring such consent if the Secretary is unable to negotiate a new treaty that would go into effect by December 31, 1998. Specifies that the consent of an alien covered by this title shall not be required before such alien may be designated for transfer or before such alien may be transferred to the country of nationality of that alien. (Sec. 104) Directs the President, by March 1 of each year, to submit to the Congress: (1) a certification as to whether each foreign country has accepted, and has confined for the duration of their sentences, such persons; and (2) a report describing the operation of the provisions of this title, particularly with regard to the ten countries having the greatest number of their nationals incarcerated in the United States. (Sec. 107) Provides for the withholding of bilateral assistance, opposition to multilateral development assistance, and withholding of visas with respect to countries refusing to accept at least 75 percent of such nationals designated for transfer or to confine such persons for at least 85 percent of their sentences, with exceptions. Sets forth provisions regarding certification procedures, waivers, congressional review, and denial of assistance for countries decertified. (Sec. 108) Directs: (1) the Secretary to begin to negotiate and renegotiate bilateral prisoner transfer treaties; and (2) the President to submit to Congress an annual certification as to whether each such treaty in force is effective. Title II: Exclusionary Rule Reform - Subtitle A: Exclusionary Rule Reform - Exclusionary Rule Reform Act of 1997 - Amends the Federal criminal code (the code) to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that the search or seizure was in conformity with the Fourth Amendment. Specifies that the fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless the exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Provides that evidence which is otherwise excludable under such provision shall not be excludable where the search and seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the pertinent statute, administrative rule or regulation, or rule of procedure. Subtitle B: Confession Reform - Amends the code to direct the Attorney General to require the Department of Justice (DOJ) to enforce, and defend nationally, the legality of confession reform provisions and, specifically, to pursue the admission into evidence of confessions that are voluntarily given. Provides that, in determining the issue of voluntariness: (1) DOJ shall consider all the circumstances surrounding the confession; (2) the presence or absence of any of certain listed factors shall not be conclusive; and (3) the fact that the defendant had not been advised, prior to questioning, of his or her right to silence and to the assistance of counsel shall not be dispositive. Title III: Violent Crime, Drugs, and Terrorism - Drug Investigation Support and Antiterrorism Act of 1997 - Subtitle A: Criminal Penalties and Procedures - Amends the code to: (1) make it a Federal offense to murder a person during and in relation to any international Olympic Games held in the United States; and (2) include among "internationally protected persons" any participant or guest attending any international sporting event sponsored and sanctioned by the International or United States Olympic Committee. (Sec. 312) Directs the Attorney General to supervise other Federal authorities and personnel in the provision of security services (including conducting a comprehensive review of plans for the housing of athletes and other eligible guests) by establishing an Olympic Security Task Force. Sets forth provisions regarding task force composition, requests for assistance, agreements and regulations, and expedited review of housing arrangements. (Sec. 313) Amends: (1) the Antiterrorism and Effective Death Penalty Act of 1996 (Antiterrorism Act) to include within provisions regarding malicious destruction by fire or explosives specified activities against any institution or organization receiving Federal financial assistance; and (2) related provisions under the code to cover such activities at public places. (Sec. 314) Makes it a Federal offense to knowingly develop, produce, acquire, stockpile, retain, transfer, own or possess any chemical weapon without lawful authority. Sets forth provisions regarding jurisdiction, payment to the United States of incidental expenses incident to seizure or destruction, criminal forfeiture, warrants for seizure, forfeiture orders, execution of such orders, disposition of seized property, authority of the Attorney General, bars on intervention, jurisdiction to enter orders, depositions, third party interests, and substitute assets. Subtitle B: International Terrorism - Urges the President to commence diplomatic efforts to establish a multilateral sanctions regime against each country that the Secretary determines to have repeatedly provided support for acts of international terrorism. Directs the President to include in the annual report on patterns of global terrorism a description of the extent to which such efforts have been carried out, the degree of their success, and a plan of action for inducing each such country to cease support for acts of international terrorism. (Sec. 322) Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require the annual country reports on terrorism to include with respect to each foreign country from which the U.S. Government has sought cooperation during the preceding five-year period in the investigation or prosecution of an act of international terrorism against U.S. citizens or interests, information on the extent to which the government of such country is cooperating with the U.S. Government in apprehending, convicting, and punishing each individual responsible and in preventing further acts of terrorism against U.S. citizens in the foreign country. (Sec. 323) Directs the Secretary to submit to specified congressional leaders annual classified and unclassified reports on international terrorism, including a detailed assessment of the efforts of individual countries to take effective action against countries determined to have repeatedly supported acts of international terrorism. (Sec. 324) Amends the State Department Basic Authorities Act of 1956 to replace the current Department of State rewards program with one under which the Secretary may pay a reward to any individual who furnishes information leading to: (1) the arrest or conviction in any country of any individual for the commission of an act of international terrorism against a person or property, for conspiring or attempting to commit such act, for specified narcotics-related offenses, or for aiding or abetting the commission of such acts; or (2) the prevention, frustration, or favorable resolution of such acts. Sets forth provisions regarding coordination with DOJ. Authorizes appropriations. Sets limitations on rewards. Makes an officer or employee of a governmental entity who, while performing official duties, furnishes such information ineligible for a reward under this section. Sets forth reporting requirements. Excludes from judicial review determinations by the Secretary regarding whether to authorize, or the amount of, a reward. Urges the Secretary to pursue additional means of funding the program. Subtitle C: Commissions and Studies - Establishes the National Commission on Terrorism. Title IV: Community Protection - Community Protection Initiative of 1997 - Subtitle A: Law Enforcement Assistance - Amends the code to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed firearms. Subtitle B: Citizens' Assistance - Citizens' Assistance Act of 1997 - Grants congressional consent to States to enter into compacts or agreements for cooperative effort in enabling individuals to carry concealed firearms. (Sec. 423) Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to authorize State and local use of drug control and system improvement grant funds to train members of the public in the safe possession, ownership, handling, carrying, and use of firearms, subject to specified restrictions on the collection and use of data about any program participant; and (2) the Brady Handgun Violence Prevention Act to allow the sale, delivery, or transfer of a handgun to a person protected under a court order regarding harassment, stalking, threatening, or related conduct with respect to an intimate partner or such partner's child. Title V: Criminal Procedure Improvements - Subtitle A: Equal Protection for Victims - Amends: (1) rule 24 of the Federal Rules of Criminal Procedure (FRCP) to provide for six peremptory challenges by each side and rule 23 to allow six-member juries under specified circumstances; and (2) rule 404 of the Federal Rules of Evidence (FRE) to permit rebuttal of attacks on the victim's character. (Sec. 504) Amends the code to repeal a requirement that notice of release of prisoners be used only for law enforcement purposes. (Sec. 505) Amends the Federal judicial code regarding the balance in the composition of rules committees. Subtitle B: Firearms - Imposes the following minimum penalties: (1) five years for using or carrying a firearm during the commission of a Federal crime of violence or drug trafficking crime; (2) ten years if the firearm is discharged; and (3) life imprisonment or punishment by death if the death of a person results. (Sec. 522) Provides mandatory penalties of ten or twenty years' imprisonment, respectively, for firearms possession by persons with one or two prior convictions for violent felonies or serious drug offenses. (Sec. 523) Makes specified mandatory penalties applicable when firearms are used in connection with counterfeiting or forgery offenses. (Sec. 524) Prohibits possession of an explosive during the commission of a felony. (Sec. 525) Doubles the penalty for a second offense of using an explosive to commit a felony. (Sec. 526) Amends: (1) the Controlled Substances Import and Export Act (CSIEA) to require the court to sentence a person convicted of specified acts of international drug trafficking (importation offense) consisting of bringing into the United States a mixture or substance equal to 100 usual dosage amounts of such mixture or substance, to life imprisonment without possibility of release (or death, for repeat violations); and (2) the code to make a second or subsequent importation offense consisting of bringing a controlled substance into the United States an aggravating factor in determining whether a death sentence is justified. Subtitle C: Federal Death Penalty - Revises Federal death penalty standards and procedures, including by requiring the jury (or the court, as applicable) in determining whether a death sentence is justified, to consider and determine (as an aggravating factor) whether the defendant: (1) used or possessed a firearm during and in relation to the commission of the offense or in escaping or attempting to escape apprehension; or (2) has previously been convicted of a Federal or State offense punishable by a term of imprisonment of more than one year involving the use of a firearm against another person. Requires the defendant to give notice of mitigating factors that will be relied upon in a capital sentencing hearing. Permits the information presented by the Government in support of factors concerning the effect of the offense on the victim and the victim's family to include oral testimony, a victim impact statement, and any other relevant information. Directs the jury to recommend a sentence of death if it unanimously finds at least one aggravating factor and no mitigating factor, or if it finds one or more aggravating factors that outweigh any mitigating factors. Repeals Controlled Substances Act (CSA) provisions establishing death penalty procedures specifically for persons convicted of engaging in a continuing criminal enterprise where the Government seeks the death penalty. Amends the code to include death during commission of another crime as an aggravating factor for homicide. Adds many other such aggravating factors, such as that the victim of a capital offense was pregnant, handicapped, or a custodial parent of a child under age 18. (Sec. 542) Includes murder of a witness as an aggravating factor to be considered in determining whether a death sentence is justified. (Sec. 543) Provides for imposition of the death penalty for murders committed in the District of Columbia. Title VI: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors - Amends the CSA and CSIEA to decrease the quantities of methamphetamine necessary to trigger specified trafficking penalties. (Sec. 602) Amends the code, the Federal judicial code, and FRCP 35 to authorize a reduction of sentence for providing substantial assistance in an investigation of any offense. (Sec. 603) Revises death penalty provisions under the code pursuant to regulations to be promulgated by the Attorney General. Directs a U.S. marshal charged with supervising the implementation of a death sentence to use appropriate Federal facilities for that purpose. (Sec. 604) Limits the term of office of the Administrator of the Drug Enforcement Agency to a single ten-year period, with an exception. (Sec. 605) Makes serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. (Sec. 606) Amends the CSA to set mandatory minimum prison sentences for persons who use minors in drug trafficking activities or who sell drugs to minors. Increases penalties for committing drug offenses in drug-free zones. (Sec. 607) Amends the CSA and CSIEA to increases penalties for trafficking in listed chemicals. Title VII: Combating Violence Against Women and Children - Subtitle A: General Reforms - Makes religious organizations eligible to participate in any grant program authorized pursuant to the Violence Against Women Act of 1994 (VAWA) which allow for the participation of nongovernmental entities, programs, or agencies, or private organizations. Prohibits Federal or State governmental agencies receiving funds under any such program from discriminating against an organization on the basis that such organization has a religious character. (Sec. 702) Authorizes appropriations for FY 1999 under: (1) the Safe Streets Act for domestic violence arrest grants; (2) the VAWA for rural domestic violence and child abuse enforcement assistance; and (3) the Runaway and Homeless Youth Act for runaway, homeless, and street youth assistance grants. Subtitle B: Domestic Violence - Amends the code to authorize the death penalty for fatal interstate domestic violence offenses and fatal interstate violations of protective orders. (Sec. 713) Amends FRE 404 to allow the admission of evidence of the defendant's disposition toward the victim in domestic violence and other cases. (Sec. 714) Amends the code to provide for testing for the human immunodeficiency virus (HIV) in sexual assault cases. Directs the United States Sentencing Commission (the Commission) to amend the Federal sentencing guidelines to enhance the sentence in such cases where the offender knew he or she was infected, except if the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Amends Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) provisions regarding payment of the cost of testing for sexually transmitted diseases to authorize the Government to obtain an order requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome (AIDS). Title VIII: Violent Crime and Terrorism - Subtitle A: Violent Crime and Terrorism - Amends the Antiterrorism Act to apply enhanced penalties for the use of explosives or arson crimes to damage or destroy the property of any institution or organization receiving Federal financial assistance. Redefines: (1) "biological agent" to include bacteria, fungi, rickettsiae, protozoa, or any synthesized component of any microorganism or infectious substance; and (2) "toxin" to include the toxic product of plants, animals, microorganisms, or a synthesized molecule. (Sec. 802) Includes within the scope of the kidnapping offense abductions when an individual travels in interstate or foreign commerce, or when the mail or a facility in interstate or foreign commerce is used, in furtherance of the offense. (Sec. 803) Expands provisions regarding violent crimes in aid of racketeering activity to cover all violent crimes in aid of racketeering activity and to increase penalties for specified attempt and conspiracy offenses. (Sec. 804) Amends: (1) the Brady Handgun Violence Prevention Act to provide that a person who conspires to commit an offense under the Act shall be subject to the same penalties (including the death penalty) as prescribed for the offense; and (2) the Antiterrorism Act to provide for the death penalty for conspiracies involving explosives. (Sec. 805) Includes as a "serious drug offense" (and a predicate offense under the Armed Career Criminal Act) an offense under State law which would have been punishable by a maximum term of at least ten years' imprisonment; (1) if it had been prosecuted as a CSA violation at the time of the offense; and (2) because of the type and quantity of the controlled substance involved. (Sec. 806) Increases penalties for violence in the course of a riot. (Sec. 807) Eliminates as a requirement for carjacking that the offense be committed with intent to cause death or serious bodily harm. (Sec. 808) Sets penalties for: (1) criminal offenses committed by persons formerly serving with, presently employed by, or accompanying the armed forces outside the United States; (2) the use of interstate commerce facilities in the commission of felony crimes of violence for hire; and (3) specified felony offenses directed at buildings or property in Indian country. (Sec. 810) Enhances penalties for offenses resulting in death involving assault on mail delivery people, robberies and burglaries involving controlled substances, interstate domestic violence, animal enterprise terrorism, and racketeering. Subtitle B: Courts and Sentencing - Amends the code, the Federal judicial code, and FRCP 35 to authorize a reduction of sentence for providing useful investigative information although not regarding a particular individual. (Sec. 822) Amends the code to: (1) allow appeals by the United States in a criminal case to lie to a court of appeals under specified circumstances as to any part of any count; and (2) repeal a requirement that the U.S. attorney certify to the district court that the appeal is not taken for purpose of delay and that the evidence is substantial proof of a fact material in the proceeding. (Sec. 824) Amends: (1) VCCLEA to direct the Commission to promulgate, or amend existing, guidelines to provide sentencing enhancements of not less than three offense levels for offenses that the court at sentencing (currently, the finder of fact at trial) determines beyond a reasonable doubt are hate crimes; and (2) the code to authorize the court to impose a sentence of probation or supervised release with or without conditions when reducing a sentence of imprisonment in certain cases. Subtitle C: White Collar Crime - Sets penalties for larceny involving post office boxes and postal stamp vending machines. (Sec. 843) Makes provisions regarding transportation of stolen vehicles, and sale or receipt of stolen vehicles, applicable to vessels (certain watercraft). (Sec. 844) Defines "subpoena for records," for purposes of provisions regarding obstruction of criminal investigations, to include a Federal grand jury subpoena for customer records that has been served relating to a violation of, or a conspiracy to violate, the CSA, CSIEA, or certain Internal Revenue Code (IRC) provisions. (Sec. 845) Authorizes the Attorney General to commence a civil action in Federal court to enjoin counterfeiting and forgery violations. Directs that a permanent or temporary injunction or restraining order be granted without bond. Requires the court to proceed as soon as practicable to the hearing and determination of such an action and authorizes the court, at any time before final determination, to enter such a restraining order or prohibition or to take such other action as is warranted. Specifies that a proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the FRCP. Subtitle D: Miscellaneous Provisions - Increases penalties for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 862) Makes the prohibition on the use as evidence of intercepted wire or oral communications inapplicable to the disclosure by the United States, a State, or political subdivision in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication, or evidence derived therefrom, the interception of which was in violation of provisions relating to certain interceptions not involving governmental misconduct. (Sec. 863) Amends provisions concerning violations of, or crimes committed while on, probation or parole to violations of, or crimes committed while on, supervised release. (Sec. 864) Includes providing material support to designated foreign terrorist organizations as a predicate offense under money laundering provisions. (Sec. 866) Defines "financial institution" to cover foreign bank branches in a commonwealth, territory, or possession of the United States. Title IX: Prison Reform - Subtitle A: Prison Litigation Reform - Renames the Prison Litigation Reform Act (PLRA) of 1995 (title VIII of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (OCRAA)) as the PLRA of 1996. (Sec. 902) Amends OCRAA provisions with respect to prison conditions to prohibit the court from ordering any prospective relief that requires or permits a government official to exceed his or her authority under State or local law or that otherwise violates State or local law, unless Federal law requires (currently, permits) such relief to be ordered in violation of State or local law and other specified conditions are met. Sets forth provisions regarding orders refusing to impose a stay and court intervention. (Sec. 903) Amends the Civil Rights of Institutionalized Persons Act to provide that no civil action shall be brought regarding prison conditions until the plaintiff has exhausted administrative remedies. Limits recovery of attorney's fees except to the extent that such fees were directly and reasonably incurred in: (1) proving an actual violation of the plaintiff's Federal rights; (2) successfully obtaining contempt sanctions for a violation of previously ordered prospective relief that meets specified standards, if the plaintiff made a good faith effort to resolve the matter without court action; or (3) successfully obtained court ordered enforcement of previously ordered prospective relief that meets such standards, if the enforcement order was necessary to prevent an imminent risk of serious bodily injury to the plaintiff and the plaintiff made a good faith attempt to resolve the matter without court action. Requires the amount of the fee to be proportionately related to the court ordered relief for the violation. Specifies that: (1) if a monetary judgment is the sole or principal relief awarded, the award of attorney's fees shall not exceed 100 percent of the judgment; and (2) no award of attorney's fees shall be based on an hourly rate greater than 150 percent of the hourly rate established for payment of court-appointed counsel or $100 per hour, whichever is less. Authorizes a defendant to waive the right to respond to any complaint in any civil action arising under Federal law brought by a prisoner. Specifies that such waiver shall not waive any affirmative defense available to the defendant and that no relief shall be granted to the plaintiff unless a response has been filed. Authorizes the court to direct any defendant to file a response. (Sec. 904) Amends Federal judicial code provisions regarding proceedings in forma pauperis to require the court to assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of the average monthly deposits to the prisoner's account or the average of the highest monthly balance recorded for the prisoner's account for each of the six months immediately preceding the filing of the complaint or notice of appeal. Directs the agency having custody of the prisoner to forward certain deducted payments to clerk of the court either upon deduction or on a monthly basis, accompanied by appropriate documentation. Authorizes the agency, if the judgment for costs is held by the agency or the agency's employees having custody of the prisoner, to withdraw 20 percent of each deposit to the prisoner's account and apply that amount to payment of the judgment until the judgment is paid in full. (Sec. 905) Authorizes the court, in any civil action brought in Federal court by a prisoner other than a prisoner confined in a Federal correctional facility, to make a finding whether: (1) the claim was filed for a malicious purpose or to harass the party against which it was filed; or (2) the claimant testified falsely or otherwise knowingly presented false evidence or information to the court. Permits the court, upon making such affirmative finding, to: (1) revoke good time credit or the institutional equivalent accrued to the prisoner; or (2) consider such finding in release determinations. (Sec. 906) Amends the PLRA to provide that any damages (currently, any compensatory damages) awarded to a prisoner in connection with a civil action brought against any Federal, State, or local jail, prison, or correctional facility shall be paid directly to satisfy any outstanding restitution orders pending against the prisoner. Repeals a requirement that the remainder of any such award be forwarded to the prisoner. (Sec. 907) Amends the PLRA to authorize the court, in any civil action brought by a person convicted of a crime and confined in a Federal correctional facility, to make a finding whether: (1) the claim was filed for a malicious purpose or to harass the party against which it was filed; or (2) the claimant testified falsely or otherwise knowingly presented false evidence or information to the court. Directs the Bureau, if the court makes such affirmative finding, to revoke unvested good time credit or the institutional equivalent accrued to the prisoner. (Sec. 908) Specifies that: (1) credit that has not been earned may not later be granted and credit that has been revoked (under section 907) may not later be reinstated; and (2) credit awarded may be revoked by the Bureau for noncompliance with institutional disciplinary regulations at any time before vesting. Subtitle B: Federal Prisons - Creates an exemption from wiretapping provisions for: (1) interception by a law enforcement officer of any wire, oral, or electronic communication if at least one of the parties to the communication is an inmate or detainee in the custody of the Attorney General of the United States or is in the custody of a State or political subdivision thereof; or (2) the use of a pen register, trap and trace device, or clone pager if the facility is regularly used by such an inmate or detainee. Directs the Attorney General to promulgate regulations governing such interceptions to protect communications protected by the attorney-client privilege and the right to counsel guaranteed by the sixth amendment. (Sec. 912) Requires the Bureau (with exceptions) to ensure that no prisoner or detainee under its jurisdiction: (1) engages in any physical activity designed to increase or enhance fighting ability or to increase physical strength; and (2) is permitted access to certain television or movie viewing, sexually explicit printed material, or bodybuilding or weightlifting equipment; (3) is permitted possession of any in-cell coffee pot, hot plate, or other heating element; or (4) is permitted use or possession of electric or electronic musical equipment. Requires the Director to ensure that each convicted inmate in the custody of the Attorney General and confined in a Federal prison, correctional facility, jail, or other facility shall be engaged in work. Sets forth provisions regarding determination of type of work, excuse from such requirement, and lack of compensation. (Sec. 913) Directs the Bureau to make available appropriate substance abuse treatment for each prison the Bureau determines has a treatable drug abuse problem, with priority to younger offenders and those who would benefit most from the treatment. Repeals provisions regarding requirements for a phase-in of substance abuse treatment and regarding incentives for prisoners' successful completion of treatment. Title X: Miscellaneous Provisions - Expresses the sense of the Senate that: (1) the Office of National Drug Control Policy should be reauthorized for an additional five years; and (2) prior to any such reauthorization, the Senate Judiciary Committee should conduct an extensive review of the National Drug Control Strategy for 1997 submitted by President Clinton. (Sec. 1002) Directs the Secretary of Health and Human Services to require hospitals or health care service providers that receive Federal Medicare or Medicaid payments, as an additional certification requirement, to certify that none of their physicians or other health care professionals prescribes or recommends a schedule I substance to any person. Sets forth reporting requirements. Directs the Attorney General to revoke the DEA registration of any physician or provider who recommends or prescribes such a substance. (Sec. 1003) Directs the Federal Communications Commission to: (1) coordinate with the President's Commission on Alcohol and Drug Abuse Prevention to develop a comprehensive education and public service program targeting youth drug abuse; (2) encourage the priority use of public service resources dedicated to promoting youth drug abuse prevention and education; (3) contact and encourage the donation of greater public resources dedicated to youth drug abuse programs from specified organizations and industries, such as television, movies, the recording and advertising industries, business, and professional sports; and (4) encourage each of such organizations and industries to assist the implementation of new programs and national strategies for dissemination of information intended to prevent youth drug abuse. (Sec. 1004) Directs the Secretary to review all extradition treaties in force and, if necessary, to renegotiate all such treaties, to ensure that certain offenses involving the sexual exploitation and abuse of children are extraditable offenses. Sets forth provisions regarding tolling of the statute of limitations. (Sec. 1005) Amends the Economic Espionage Act of 1996 to require the Director of the Bureau of Justice Assistance, for FY 1997 through 2001, to make grants to the Boys and Girls Clubs of America (BGCA) to establish clubs facilities where needed, with particular emphasis on establishing clubs in public housing projects and distressed areas. Directs the Attorney General to accept and approve an application for such a grant submitted by BGCA if the application: (1) includes a long-term strategy to establish 1,000 additional clubs and a detailed summary of those areas in which new facilities will be established during the next fiscal year and a plan to insure that there are a total of not less than 2,000 BGCA facilities in operation before January 1, 2000; (2) certifies that there will be appropriate coordination with those communities where clubs will be located; and (3) explains the manner in which new facilities will operate without additional, direct Federal financial assistance. Earmarks specified funds to provide a grant to BGCA for administrative, travel, and other costs associated with a national role-model speaking tour program. (Sec. 1006) Increases penalties for cellular telephone interceptions. Title XI: Violent and Repeat Juvenile Offenders - Violent and Repeat Juvenile Offender Act of 1997 - Subtitle A: Juvenile Justice Reform - Repeals code provisions regarding surrender of juveniles to State authorities by Federal authorities. (Sec. 1112) Requires that a juvenile age 14 or older who is alleged to have committed an act that, if committed by an adult, would be a criminal offense, be tried as an adult at the discretion of the U.S. Attorney in the appropriate jurisdiction upon a finding, which shall not be subject to court review, that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction, if the juvenile is charged with a Federal offense that is a crime of violence or that involves a controlled substance for which the penalty is at least five years' imprisonment. Permits the U.S. Attorney, upon declining prosecution of the charged person as a juvenile, to refer the matter to the appropriate legal authorities of the State or Indian tribe. Directs that offenses tried in U.S. district court under this Act be open to the public, with exceptions (but makes the defendant's status as a juvenile, absent other factors, insufficient to close the proceeding). Grants the U.S. Attorney, in making determinations concerning juvenile prosecution, complete access to prior Federal juvenile records and, to the extent permitted by State law, prior State juvenile records. (Sec. 1113) Lowers the minimum age at which a defendant may be sentenced to death from age 18 to 16. (Sec. 1115) Subjects a juvenile tried as an adult to code provisions regarding detention, speedy trial, and restitution for adults. Specifies that no juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches age 18. (Sec. 1119) Authorizes the release of juvenile records to meet inquiries from any school or other educational institution to ensure public safety and security. (Sec. 1120) Requires the Director of the Bureau of Prisons to ensure that juveniles who are alleged or determined to be delinquent are not confined in any institution in which the juvenile has regular sustained physical contact with adult persons who are detained or confined. (Sec. 1121) Applies to juvenile defendants tried as adults provisions directing the Commission, under specified circumstances, to assure that the Federal sentencing guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized. Subtitle B: Juvenile Gangs - Federal Gang Violence Act - Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement, increasing the offense level by not less than six levels, for any offense committed in connection with, or in furtherance of, the activities of a criminal street gang where the defendant was a member of such gang at the time of the offense. (Sec. 1143) Amends code provisions regarding criminal street gangs to: (1) delete the definition of "conviction"; (2) redefine "criminal street gang" to cover a group whose members have engaged during the previous five-year period in a pattern of criminal gang activity; and (3) define "pattern of criminal gang activity" to mean the commission of two or more predicate gang crimes in connection with the activities of a criminal street gang, on separate occasions, at least one of which crimes was committed after the date of this subtitle's enactment and the first of which was committed not more than five years before the commission of another predicate gang crime. Defines "predicate gang crime" as an offense, including an act of juvenile delinquency that, if committed by an adult, would be: (1) a Federal offense that is a crime of violence, that involves a controlled substance for which the penalty is at least five years' imprisonment, or that is a violation of other specified prohibitions under the code or under the Immigration and Nationality Act; (2) a State offense involving conduct that would constitute such an offense if Federal jurisdiction existed or had been exercised; or (3) a conspiracy, attempt, or solicitation to commit such offenses. Sets penalties for engaging in a pattern of criminal gang activity. (Sec. 1144) Amends the Travel Act to increase: (1) penalties for violations; and (2) the scope of unlawful activities under such Act. (Sec. 1145) Prohibits and sets penalties for soliciting or recruiting persons to participate in criminal street gang activity. (Sec. 1146) Makes: (1) crimes involving the recruitment of persons to participate in criminal street gangs, and acts or conspiracies to violate firearms laws, predicate offenses under RICO; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Increases penalties for firearms prohibitions, including by setting a three-year minimum term of imprisonment for transferring firearms to minors for use in crime. (Sec. 1148) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than two levels, for any crime in which the defendant used body armor. (Sec. 1149) Authorizes appropriations to hire Assistant U.S. Attorneys and attorneys in DOJ's criminal division to prosecute juvenile criminal street gangs. Subtitle C: Juvenile Crime Control and Accountability - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to direct the Administrator of the Office of Juvenile Crime Control and Accountability (replacing the Office of Juvenile Justice and Delinquency Prevention) to develop objectives, priorities, and short- and long-term plans, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile crime control and juvenile offender accountability programs and activities relating to improving juvenile crime control and enhancing accountability by offenders within the juvenile justice system. Sets forth provisions regarding plan contents, annual reviews of plans, duties of the Administrator, budget proposal development and submission, reporting, reprogramming, and recordkeeping requirements, utilization of information, services, and facilities of other agencies, coordination of functions, and annual juvenile delinquency development statements. Directs the Administrator to make grants to States to assist them in planning, establishing, operating, coordinating, and evaluating: (1) projects for the development of more effective investigation, prosecution, and punishment of crimes or acts of delinquency committed by juveniles; (2) programs to improve the administration of justice for and ensure accountability by juvenile offenders; and (3) programs to reduce the risk factors associated with juvenile crime or delinquency. Sets forth provisions regarding: (1) use of grant funds, eligibility requirements, distribution of sums by State offices to eligible applicants, applications to State offices, funding period, grant renewal, and special grants; and (2) allocation of grant amounts. Prohibits reallocation of sums due to the ineligibility or nonparticipation of any State. Limits the use of grant funds, including a prohibition against the use of such funds for: (1) biomedical or behavior control experimentation on individuals or research involving such experimentation; (2) construction, with exceptions; (3) job training; (4) specified lobbying activities; (5) and specified legal actions. Prohibits the Federal Government and States receiving funds from discriminating against religious organizations under specified circumstances. Sets penalties for violating prohibitions under this subtitle. Authorizes appropriations. Allocates funds. Requires States, to receive formula grants, to submit plans which meet specified requirements, such as designation of a State agency as the sole agency for supervising the preparation and administration of the plan, and providing for an analysis of juvenile crime problems and juvenile justice and delinquency prevention needs within the relevant jurisdiction. Sets forth provisions regarding approval of State plans by the State agency and by the Administrator, and reduction of allocations if a State fails to comply with requirements of this subtitle. (Sec. 1163) Amends the JJDPA to: (1) reauthorize appropriations for runaway and homeless youth and missing children programs; and (2) repeal provisions regarding incentive grants for local delinquency prevention programs. (Sec. 1167) Repeals: (1) specified provisions of titles III (Crime Prevention), V (Drug Courts), and XXVII (Presidential Summit on Violence and National Commission on Crime Prevention and Control) of VCCLEA; (2) the Safe and Drug-Free Schools and Communities Act of 1994; (3) the School Dropout Assistance Act; (4) specified provisions of the Public Health Service Act providing for grants to public and nonprofit private entities for projects to demonstrate effective models for the prevention, treatment, and rehabilitation of drug abuse and alcohol abuse among high risk youth; (5) specified programs under the Human Services Reauthorization Act and the Community Services Block Grants Act; and (6) specified provisions of Anti-Drug Abuse Act of 1988 concerning the drug abuse education and prevention program relating to youth gangs and the program for runaway and homeless youth. (Sec. 1168) Requires each State to reserve not more than 30 (currently, 15) percent of the amount of funds allocated in a fiscal year for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities. (Sec. 1169) Requires that a surcharge of 40 percent of the principal amount of a civil monetary penalty be added to each monetary penalty assessed by the United States or any agency thereof at the time the penalty is assessed, except for penalties assessed under the IRC, to be used for Federal programs to combat youth violence.
United States · United States Congress · 7 January 1997
Enhancement of Trade, Security, and Human Rights through Sanctions Reform Act - Declares that it is the purpose of this Act to establish an effective framework for consideration by the legislative and executive branches of unilateral economic sanctions. (Sec. 3) Declares that it is U.S. policy to: (1) pursue U.S. interests through vigorous and effective diplomatic, political, commercial, charitable, educational, cultural, and strategic engagement with other countries, while recognizing that U.S. national security interests may sometimes require the imposition of economic sanctions on other countries; (2) foster multilateral cooperation on vital matters of U.S. foreign policy, including promoting human rights and democracy, combating international terrorism, proliferation of weapons of mass destruction, and international narcotics trafficking, and ensuring adequate environmental protection; (3) promote U.S. economic growth and job creation by expanding exports of goods, services, and agricultural commodities, and by encouraging investment that supports the sale abroad of U.S. products and services; (4) maintain the reputation of U.S. businesses and farmers as reliable suppliers to international customers of quality products and services; (5) avoid the use of restrictions on exports of agricultural commodities as a foreign policy weapon; and (6) oppose policies of other countries designed to discourage economic interaction with countries friendly to the United States or with any U.S. national, and to avoid use of such measures as instruments of U.S. foreign policy. States that when economic sanctions are necessary, it is U.S. policy to: (1) target them as narrowly as possible on those foreign governments, entities, and officials that are responsible for the conduct being targeted, thereby minimizing unnecessary or disproportionate harm to individuals who are not responsible for such conduct; and (2) to the extent feasible, avoid any adverse impact of economic sanctions on the humanitarian activities of the United States and foreign nongovernmental organizations in a country against which sanctions are imposed. (Sec. 5) Provides that any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch, and considered by the House of Representatives or the Senate, should: (1) state the U.S. foreign policy or national security objective; (2) terminate after two years unless specifically reauthorized; (3) provide for contract sanctity; (4) provide presidential authority to adjust or waive the sanction in the national interest; (5) target the sanction as narrowly as possible against the parties responsible for the conduct being targeted; and (6) provide for expanded export promotion programs if sanctions are likely to target an export market for American farmers. (Sec. 6) Sets forth a procedure for congressional consideration of any bill or joint resolution that imposes, or authorizes the imposition of, any unilateral economic sanction by the executive branch. Requires the committee of primary jurisdiction reporting such a bill or joint resolution to timely request specified reports: (1) from the President assessing the likelihood that the proposed unilateral economic sanction will achieve its stated objective within a reasonable period of time, as well as the impact of the proposed unilateral economic sanction on U.S. foreign policy, national security, and humanitarian activities; and (2) from the Secretary of Agriculture assessing the extent to which any country or countries proposed or likely to be sanctioned are markets that accounted for more than three percent of all U.S. agricultural export sales in the preceding calendar year, as well as the likelihood that U.S. agricultural exports will be affected by the proposed sanction or by retaliation by any country proposed or likely to be sanctioned, and specific commodities which are most likely to be affected. Considers any bill or joint resolution that imposes any unilateral economic sanction to include a Federal private sector mandate for purposes of the Unfunded Mandates Reform Act of 1995. Requires the Congressional Budget Office, in its report pursuant to such Act, to assess the likely short- and long-term costs of the proposed sanction to the U.S. economy. (Sec. 7) Authorizes the President to implement a unilateral economic sanction under any provision of law not less than 60 days after announcing his intention to do so. Requires any executive sanction to include a clear finding that the sanction is likely to achieve a specific U.S. foreign policy or national security objective within a reasonable and specified period of time. Requires, before imposition of a unilateral economic sanction, that the President and the Secretary of Agriculture report to appropriate congressional committees the same assessments required in connection with any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch. Requires the President to request a report by the U.S. International Trade Commission on the likely short- and long-term costs of the proposed sanction to the U.S. economy, including the potential impact on U.S. competitiveness. Provides, in the case of a national emergency, for allowing the President temporarily to waive most of the requirements for executive action in order to act immediately, generally requiring the waived requirements to be met within 60 days after imposition of the sanction (which shall terminate after 90 days if such requirements are not met). Directs the President to establish an interagency Sanctions Review Committee to coordinate U.S. policy regarding unilateral economic sanctions and provide appropriate recommendations to the President.
United States · United States Congress · 17 September 1996
TABLE OF CONTENTS: Title I: Treatment of Passive Foreign Investment Companies Title II: Treatment of Controlled Foreign Corporations Title III: Other Provisions International Tax Simplification for American Competitiveness Act - Title I: Treatment of Passive Foreign Investment Companies - Amends the Internal Revenue Code to exempt U.S. shareholders of a controlled foreign corporation from passive foreign investment company (PFIC) inclusion. (Sec. 102) Allows a U.S shareholder of a PFIC to elect to include the difference between such stock's fair market value and adjusted basis as income, or the difference between adjusted basis and fair market value or unreversed inclusions as a deduction. (Sec. 103) Modifies the definition of "passive income" and the asset valuation test. Title II: Treatment of Controlled Foreign Corporations - Amends the Code to treat as dividends the gain on certain stock sales by controlled foreign corporations. (Sec. 203) Revises specified indirect (deemed taxes paid) foreign tax credit provisions. (Sec. 204) Excludes certain active finance-related income from inclusion as foreign personal holding company income. (Sec. 205) Repeals the separate foreign tax credit limitation (separate basket rule) for certain noncontrolled U.S.-foreign corporations. Applies "look-thru" rules to such entities. (Sec. 206) Treats European Union countries as a single country for certain controlled foreign corporation income purposes. (Sec. 209) Allows affiliated foreign insurance companies to offset losses. Title III: Other Provisions - Amends the Code with respect to certain foreign tax credit determinations to provide that accrued taxes shall be translated into dollars by using the average exchange rate for the year to which such taxes relate. (Sec. 302) Allows a taxpayer to elect a specified alternative minimum foreign tax credit limitation. (Sec. 303) Provides for recognition of taxable gain with respect to certain property transfers by a U.S. person to a foreign corporation. (Sec. 306) Applies uniform capitalization rules to foreign taxpayers with respect to income connected with the conduct of a U.S. trade or business. (Sec. 307) Extends the excess foreign tax carryover or carryback period. (Sec. 308) Provides for recharacterization of overall domestic loss by treating certain U.S. source income as non-U.S. source income. (Sec. 309) Treats as non-U.S. source income compensation earned by nonresident alien aircraft or vessel crew members for services in the United States. (Sec. 310) Includes computer software within the category of foreign sales corporation (FSC) property. (Sec. 311) Provides special rules with respect to financial services income and interest. (Sec. 312) Excludes from consideration as U.S. property certain assets acquired by securities or commodities dealers.
United States · United States Congress · 2 August 1996
Authorizes the Secretary of Agriculture to exchange certain lands (including a wastewater treatment facility) in the Wenatchee National Forest, Washington, for certain lands owned by Public Utility District No. 1 of Chelan County, Washington.
United States · United States Congress · 2 August 1996
Oroville-Tonasket Claim Settlement and Conveyance Act - Approves the Settlement Agreement between the U.S. Bureau of Reclamation and the Oroville-Tonasket Irrigation District. Authorizes the Secretary of the Interior to conduct all necessary and appropriate investigations, studies, and required Federal actions to implement the Agreement. Provides for consideration by the District to the United States and U.S. responsibilities under such Agreement. Releases the United States from further obligation for removing irrigation facilities under the Oroville-Tonasket Irrigation Project. Authorizes the Secretary to convey to the District all U.S. rights and interest in Project irrigation works. Directs the Secretary to retain title to the Wildlife Mitigation Facilities. Terminates certain prior contracts upon such conveyance. Continues the District's obligation to deliver water to Indian trust lands upon request. Provides liabilities of the District upon conveyance of the irrigation works. Terminates upon the completion of the transfer specified mandates imposed upon the irrigation works under prior reclamation laws.
United States · United States Congress · 2 August 1996
Amends the Fair Labor Standards Act of 1938 to apply an overtime exemption to employees of any establishment (currently, any retail or service establishment) whose regular rate of pay exceeds one and one-half times the minimum wage and more than half of whose compensation represents commissions on goods or services.
United States · United States Congress · 29 July 1996
Defense of Marriage Act - Amends the Federal judicial code to provide that no State, territory, or possession of the United States or Indian tribe shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship. Establishes a Federal definition of: (1) "marriage" as only a legal union between one man and one woman as husband and wife; and (2) "spouse" as only a person of the opposite sex who is a husband or wife.
United States · United States Congress · 10 July 1996
Investment Competitiveness Act of 1996 - Amends the Internal Revenue Code to exempt interest-related dividends received from a regulated investment company from the 30 percent tax on the income of nonresident aliens and foreign corporations not connected with U.S. business. Provides exceptions. Provides for determining: (1) taxable-interest dividends; and (2) taxable estate stock of nonresident non-citizens in regulated investment companies. Applies the special rules for real estate investment trusts on the disposition of investment in U.S. real property to regulated investment companies.
United States · United States Congress · 28 June 1996
Truth in Employment Act of 1996 - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices shall be construed as requiring an employer to employ any person whose primary purpose is to represent a union in an organizational struggle.
United States · United States Congress · 5 June 1996
Federal Trade Commission Reauthorization Act of 1996 - Amends the Federal Trade Commission Act to authorize appropriations for FY 1997 and 1998 for the Federal Trade Commission.
United States · United States Congress · 4 June 1996
NATO Enlargement Facilitation Act of 1996 - Declares that it should be the policy of the United States to: (1) assist the transition to full membership in the North Atlantic Treaty Organization (NATO) of emerging democracies in Central and Eastern Europe; and (2) work to construct a political and security relationship between an enlarged NATO and the Russian Federation. Expresses the sense of the Congress that in order to promote security in Estonia, Latvia, Lithuania, Slovenia, Slovakia, Bulgaria, Romania, Albania, Moldova, and Ukraine: (1) the United States should support the full and active participation of these countries in activities that will qualify them for NATO membership; (2) the U.S. Government should press the European Union to admit as soon as possible any country qualifying for membership; and (3) the United States and NATO should support military and peacekeeping initiatives between and among such countries, NATO countries, and Russia. Designates Poland, Hungary, and the Czech Republic as eligible to receive certain assistance for transition to full membership in NATO. Requires the President to designate as eligible for such assistance other emerging democracies in Central and Eastern Europe that meet specified criteria. Authorizes appropriations for NATO enlargement assistance. Declares that the transfer of excess defense articles to countries intending to participate in NATO (including countries of NATO's southern flank) shall be given priority, to the maximum extent feasible, over the delivery of such articles to other countries, except certain countries specified under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995. Amends the NATO Participation Act of 1994 to establish a presidential and congressional procedure for termination of eligibility for assistance for Partnership for Peace countries which: (1) no longer meet certain eligibility criteria; (2) are hostile to the NATO alliance; or (3) pose a national security threat to the United States.
United States · United States Congress · 23 May 1996
Snoqualmie National Forest Boundary Adjustment Act of 1996 - Directs the Secretary of Agriculture to modify the boundary of the Snoqualmie National Forest to include specified adjacent lands in Washington State.
United States · United States Congress · 8 May 1996
Defense of Marriage Act - Amends the Federal judicial code to provide that no State, territory, or possession of the United States or Indian tribe shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship. Establishes a Federal definition of: (1) "marriage" as only a legal union between one man and one woman as husband and wife; and (2) "spouse" as only a person of the opposite sex who is a husband or wife.
United States · United States Congress · 2 May 1996
Freedom from Government Competition Act of 1996 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, except as specified. Provides for a study and report.
United States · United States Congress · 19 April 1996
Provides for observation of a moment of silence at 9:02 a.m. central daylight time on April 19, 1996, in remembrance of the victims of the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Commends the people of Oklahoma and the aid provided by rescuers, Federal agencies, countless volunteers, and Federal employees. Reaffirms trust in our system of justice to ensure that the perpetrators are convicted and punished.
United States · United States Congress · 15 April 1996
Pays tribute to the remarkable life and career of Ronald H. Brown (the late Secretary of Commerce) and to the contributions of all those who perished in the airplane accident on April 3, 1996, while in service to their country on a mission to Bosnia. Extends condolences to the victims' families.
United States · United States Congress · 13 March 1996
Independent Contractor Tax Simplification Act of 1996 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, a payor shall not be treated as an employer, and compensation paid or received for such service shall not be treated as paid or received with respect to employment if certain conditions are met.
United States · United States Congress · 6 March 1996
Deplores the missile tests that the People's Republic of China (PRC) will conduct from March 8 through 15, 1996, as a threat to the peace, security, and stability of Taiwan and as not being in the spirit of the three U.S.-China Joint Communiques. Calls for the Government of the PRC to cease its bellicose actions directed at Taiwan and enter into meaningful dialogue with the Government of Taiwan at the highest levels with an eye toward decreasing tensions and resolving the issue of the future of Taiwan. Urges the President to consult with the Congress on an appropriate U.S. response to the tests and to reexamine the nature and quantity of defense articles and services that may be necessary to enable Taiwan to maintain a sufficient self-defense capability in light of the heightened threat.
United States · United States Congress · 5 March 1996
Presidential Primary Act of 1996 - Requires that each State hold a presidential primary according to a schedule specified by region for the first election primary cycle after enactment and for subsequent election primary cycles. Sets forth provisions regarding voting at national party conventions by State delegates.
United States · United States Congress · 26 January 1996
Agricultural Market Transition Act of 1996 - Subtitle A: Agricultural Market Transition Program - Authorizes the Secretary of Agriculture (Secretary) to enter into production flexibility contracts through crop year 2002 with eligible agricultural operators and owners with respect to conservation, wetlands, and planting flexibility requirements. Requires contracts to be entered into by April 15, 1996, with certain exceptions for conservation reserve lands. Defines eligible "owners and operators" and "farmland." Sets forth: (1) contract payment amounts for each of FY 1996 through 2002 and allocation amounts for wheat, corn, grain sorghum, barley, oats, upland cotton, and rice; and (2) annual payment rate factors. Permits any commodity or crop to be planted on contract acreage with special provisions and limitations for fruit and vegetables, haying and grazing, alfalfa, and legumes. (Sec. 14) Directs the Secretary to make nonrecourse marketing assistance loans for crop years 1996 through 2002 to producers of wheat, feed grains (corn, grain sorghum, barley, and oats), upland and extra long staple cotton, and oilseeds (sunflower, canola, rapeseed, safflower, mustard, flaxseed, and other oilseeds). Sets forth commodity loan rate, term, and repayment provisions. Directs the Secretary to make loan deficiency payments to producers (of other than extra long staple cotton) who forego obtaining such nonrecourse loans in an amount equal to the difference between a commodity's loan rate and repayment level. Establishes special marketing loan provisions for upland cotton, including: (1) cotton user marketing certificates; (2) a special import quota; and (3) a limited global import quota for upland cotton. (Sec. 15) Establishes fiscal year payment limitations for individuals of: (1) $40,000 for flexibility contracts; and (2) $75,000 for marketing loan and loan deficiency payments. (Sec. 16) Directs the Secretary to: (1) make nonrecourse loans available to quota peanut producers at $610 per ton and to additional peanut producers at appropriate rates; (2) make related warehouse storage loans available; (3) provide for marketing area pools for quota and additional peanuts, with separate pools for New Mexico-produced Valencia peanuts; (4) require that all domestic and export peanuts comply with specified quality standards; and (5) provide for a nonrefundable marketing assessment. Provides that: (1) net gains from each marketing pool shall be distributed only to pool producers; and (2) losses in quota pools shall be covered using a specified order of priority. Prohibits the Secretary from making quota peanut loans if producers have disapproved poundage quotas. Amends the Agricultural Adjustment Act of 1938 with regard to the peanut program to: (1) extend peanut quota provisions through crop year 2002; (2) eliminate the minimum national poundage quota; (3) eliminate seed peanuts from the national poundage quota determination; (4) create a temporary quota allocation for seed peanuts; (5) eliminate the Texas increased quota allocation; and (5) authorize transfers of additional peanuts to the quota pool where natural disasters prevented quota poundage harvesting and marketing. (Sec. 17) Directs the Secretary to make recourse loans available to processors of domestically grown sugarcane and sugar beets at 18 cents per pound and 22.9 cents per pound, respectively. Sets loan terms at the earlier of nine months or the end of the fiscal year, with supplemental loans available for loans made in the last three months of a fiscal year. Authorizes the Secretary to provide nonrecourse loans when the imported tariff rate quota for sugar imports exceeds 1.5 million short tons raw value. Sets forth first processor sugarcane and sugar beet marketing assessment rates for FY 1996 through 2003, which shall be collected monthly and remitted to the Commodity Credit Corporation (CCC). Sets forth enforcement and reporting provisions. Amends the Agricultural Adjustment Act of 1938 to repeal marketing allotment provisions. Makes this section applicable to the 1996 through 2002 crops of sugarcane and sugar beets. (Sec. 18) Directs the Secretary to carry out the provisions of this subtitle through the CCC. (Sec. 19) Repeals the Agricultural Act of 1949, with specified sections transferred to the Agricultural Adjustment Act of 1938. (Eliminates permanent price support authority.) Makes conforming amendments to the Agricultural Act of 1938. Subtitle B: Conservation - Amends the Food Security Act of 1985 to provide mandatory FY 1996 through 2002 funding through the CCC for the conservation reserve and wetlands programs, and the livestock environmental assistance program. Establishes the livestock environmental assistance program to provide FY 1996 through 2002 technical assistance and cost-sharing and incentive payments to livestock producers who enter into land management and structural contracts to protect water, soil, and related resources from livestock-related degradation. (Makes waste management facility construction ineligible for cost-sharing payments.) Replaces wetlands reserve program permanent easement authority with 15-year easement authority. Limits conservation reserve program total acreage enrollment to 36.4 million acres. Authorizes producers to terminate program participation. Prohibits new acreage enrollment in 1997. Subtitle C: Agricultural Promotion and Export Programs - Amends the Agricultural Trade Act of 1978 to: (1) authorize specified FY 1996 through 2002 appropriations for the market promotion program; and (2) authorize specified FY 1996 through 2002 funding from the CCC for the export enhancement program. Subtitle D: Miscellaneous - Amends the Federal Crop Insurance Act to authorize the Secretary, in consultation with insurance providers, to offer catastrophic risk protection in a State (or portion of a State) through local Department of Agriculture offices if the Secretary determines insufficient coverage is otherwise available. Provides for the transfer of current policies to private insurers. States that beginning with the spring-planted 1996 crop catastrophic coverage shall not be required for agricultural program benefits if the producer signs a written emergency crop loss assistance waiver. Extends crop insurance provisions to seed crops. (Sec. 52) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize the Secretary to collect fees to cover the costs of providing import quarantine and inspection services. Establishes in the Treasury the Agricultural Quarantine Inspection User Fee Account. (Sec. 53) Increases the CCC interest rate applicable to agricultural commodity loans by 100 basis points.
United States · United States Congress · 26 January 1996
Amends the Internal Revenue Code to: (1) prohibit applying certain provisions concerning the maximum amount which may be deferred under deferred compensation plans of State and local governments and tax-exempt organizations to any qualified excess benefit arrangement of a qualified medical entity; and (2) exclude benefits provided under such an arrangement from being used to determine whether any other plan is an eligible deferred compensation plan and the amount which may be deferred under such other plan. Exempts plans maintained by tax-exempt qualified medical entities from the reduction of the limit under such provisions for other elective deferrals. Limits the maximum amount of compensation of any one participant which may be deferred under a qualified excess benefit arrangement to an amount not to exceed the lesser of: (1) $25,000; or (2) 33 and one-third percent of the participant's includible compensation. Defines "qualified excess benefit arrangement."
United States · United States Congress · 20 December 1995
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project (project) to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided through DOD to certain Medicare-eligible covered military beneficiaries. Requires the project to be conducted in one or more regions in which the TRICARE program (a DOD managed health care program) has been implemented. Allows such project to be conducted for up to two years. Requires such Secretaries to jointly submit to the Congress a first annual report and a final report containing specified information concerning project participants and such project's effects on military medical care access, readiness, and training. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs such Secretaries to jointly: (1) establish a base level of TRICARE coverage required in a geographic region for eligibility under the project; (2) determine baseline costs of such care and coverage; and (3) establish upper reimbursement limits. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project. Establishes in the Treasury the Medicare Subvention Fund (Fund) for providing payments to the HHS Secretary for reimbursement of the HHS trust funds and for the payment of all expenses related to the participation of Medicare-eligible covered military beneficiaries in excess of the base level established under this Act, as well as administrative expenses. Authorizes appropriations for FY 1997 and 1998 for deposit into the Fund to carry out the purposes of this Act.
United States · United States Congress · 30 November 1995
Fans Rights Act of 1995 - Declares that it shall not be unlawful by reason of any provision of the antitrust laws for a professional sports league to enforce rules authorizing the membership of the league to decide that a member club of such league shall not be relocated. Sets forth criteria for relocation decisions by leagues, including: (1) fan loyalty; (2) the extent to which the team received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of such support; (3) the adequacy of the stadium in which the team played its home games in the previous season, and the willingness of the stadium, arena authority, or local government to remedy any deficiencies in the facility; and (4) whether the team has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the team. Requires any person seeking to change the home territory of a member team to furnish notice to all interested parties of the proposed change not later than 180 days before the commencement of the season in which the member team is to play in such other location. Sets forth notice requirements. Provides that, during the 180-day notice period, a local government, stadium, arena authority, person, or any combination thereof: (1) may prepare and present a proposal to purchase the member team to retain the team in the home territory; and (2) shall be given the opportunity to prepare and present such a proposal. Requires the response of the owner to any offer made to be in writing and delivered in person or by certified mail, stating in detail the reasons for refusal of any bona fide offer. Directs the league to make a determination with respect to the location of such member team's home territory before the expiration of the notice period, after conducting a hearing at which interested parties are afforded an opportunity to present testimony. Sets forth provisions regarding judicial review. Prohibits making or offering to make a payment, or to provide or arrange with others for the provision of other value, to a league or any of its members in connection with a decision regarding the relocation of a member team.
United States · United States Congress · 17 November 1995
Occupational Safety and Health Reform and Reinvention Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to provide that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. (Sec. 3) Revises inspection provisions. Prohibits routine inspections of employers of ten or fewer employees if such employers: (1) are farming operations which do not maintain a temporary labor camp; or (2) are in a category of employers having an occupational injury or a lost workday case rate which is less than the national average. Grants the Secretary of Labor specified types of discretionary authority in determining which employee complaints must receive special inspection responses. (Sec. 4) Directs the Secretary to establish a voluntary compliance program granting partial exemption from certain OSHA safety and health inspections and investigations for employers who either retain certain consultation or certification programs, or have an exemplary safety record and a safety and health program meeting specified criteria, including having an employee participation program. (Sec. 5) Adds employer defenses of employee misconduct or alternative safer methods. (Sec. 6) Prohibits the Secretary from establishing any quotas for subordinates within the Occupational Safety and Health Administration with respect to number of inspections conducted, citations issued, or penalties collected. (Sec. 7) Provides for warnings in lieu of citations. (Sec. 8) Reduces penalties for nonserious violations and where there are mitigating circumstances. Directs the Occupational Safety and Health Review Commission to assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors. Provides for various reductions of penalties for voluntary compliance program participants or exemplary safe worksites under certain conditions. (Sec. 9) Directs the Secretary to enter into cooperative agreements with States for the provision of State consultation services to employers concerning the provision of safe and healthful working conditions. Makes a State eligible to enter into such an agreement only if its approved plan does not include provisions for federally funded consultation to employers. Requires that at least 15 percent of the annual appropriation to carry out OSHA be expended for education, consultation, and outreach efforts. (Sec. 10) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems which include specified required features; and (2) a voluntary protection program, also with specified required features, to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards.
United States · United States Congress · 6 November 1995
Condemns the assassination of Israeli Prime Minister Yitzhak Rabin. Extends condolences to his family and to all the people of Israel. Expresses admiration for his historic contributions and support for the government of Acting Prime Minister Shimon Peres. Reaffirms a commitment to the process of building a just and lasting peace between Israel and its neighbors. Provides for the adjournment of the Senate as a further mark of respect for Rabin.
United States · United States Congress · 1 November 1995
Cooperator Program Act of 1995 - Amends the Agricultural Trade Act of 1978 to require the Secretary of Agriculture to establish and, in cooperation with eligible trade organizations (ETOs), carry out a foreign market development cooperator program to maintain and develop foreign markets for U.S. agricultural commodities and products. Directs that such program be carried out through multiyear contracts or agreements between the Secretary and ETOs under which cost sharing assistance shall be provided by the Secretary to the ETOs as cooperators for the conduct of foreign market development activities, and to third party cooperators, under specified annual marketing plans. Sets forth provisions regarding: (1) eligibility requirements; and (2) criteria for contract approval. Requires an ETO participating in the program to provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of U.S. agricultural commodities and products through trade servicing, technical assistance, and consumer education. Sets forth specific goals, such as to increase foreign consumer and commercial use of, develop long-term foreign demand for, and help overcome constraints to U.S. exports of, the commodity or product. Requires: (1) a participating ETO to coordinate its activities with those of the Foreign Agricultural Service (FAS) which shall assist ETOs in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for U.S. agricultural commodities and products; and (2) an ETO to consult with the FAS to ensure that the ETO's annual marketing plan is consistent with and complements the FAS's foreign market development activities. Sets forth provisions regarding: (1) annual marketing plans; (2) oversight; and (3) cooperator organizations. Authorizes appropriations.
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 12 October 1995
Safe Drinking Water Act Amendments of 1995 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to make capitalization grants to States to establish State drinking water treatment revolving loan funds. Authorizes State Governors to transfer amounts between such funds and water pollution control revolving funds established under the Clean Water Act. Requires the Administrator to reserve one and one-half percent of drinking water funds for capitalization grants to Indian tribes for the improvement of public water systems. Authorizes the Administrator to make such grants to the District of Columbia and specified U.S. territories. Authorizes: (1) States to reserve a certain amount of such grants for technical assistance for small public water systems; and (2) the Administrator to make grants to Alaska for the benefit of Alaska Native villages. Requires the Administrator, beginning in FY 1999, to withhold a specified percentage (five percent for FY 1999, ten percent for FY 2000, and 15 percent for each subsequent fiscal year) of each capitalization grant made to a State unless the State has met specified requirements under this Act regarding new system capacity. Sets forth provisions regarding: (1) projects eligible for assistance, including assistance for disadvantaged communities, and source water quality protection and capacity development; and (2) State loan fund administration, technical assistance, and management. Requires: (1) States to prepare annual intended use plans for funds; (2) priority for the use of funds to be given to projects that address the most serious risk to human health, that are necessary to ensure compliance with specified requirements (including filtration requirements), and that assist most in need on a per household basis according to State affordability criteria; and (3) each State, after notice and opportunity for public comment, to publish and periodically update a list of projects in the State that are eligible for assistance, including the priority assigned to each project and the expected funding schedule for each project. Directs the Administrator to: (1) conduct annual reviews and audits as the Administrator considers appropriate, or require each State to have the reviews and audits independently conducted, in accordance with specified single audit requirements; (2) submit to the Congress a periodic survey and assessment of the needs for facilities in each State eligible for assistance; (3) conduct an evaluation of the effectiveness of the State loan funds through FY 1999; and (4) publish such regulations and guidance as necessary. Specifies that the failure or inability of any public water system to receive funds, or a delay in obtaining the funds, shall not alter the obligation of the system to comply in a timely manner with all applicable drinking water standards and requirements under the Act. Authorizes appropriations. Directs the Administrator to reserve: (1) $10 million for health effects research on specified drinking water contaminants, giving priority to research concerning the health effects of cryptosporidium, disinfection byproducts, and arsenic and for the implementation of a research plan for subpopulations at greater risk of adverse effects; (2) $2 million to pay the costs of monitoring for unregulated contaminants; and (3) specified sums for small system technical assistance. (Sec. 4) Requires the Administrator to publish a maximum contaminant level goal (MCLG) and promulgate a national primary drinking water (NPDW) regulation for each contaminant (with exceptions) for which a NPDW regulation has been promulgated as of the date of this Act's enactment if the Administrator determines, based on adequate data and appropriate peer-reviewed scientific information and an assessment of health risks, that the contaminant may have an adverse effect on the health of persons and the contaminant is known to occur, or there is a substantial likelihood that it will occur, in public water systems with a frequency and at levels of public health concern. Directs the Administrator: (1) not later than July 1, 1996, to publish and periodically update a list of contaminants that are known or anticipated to occur in drinking water provided by public water systems that may warrant regulation; and (2) at such time as such list is published, to describe available and needed information and research regarding the health effects of the contaminants, their occurrence in drinking water, and treatment techniques and other feasible means to control the contaminants. Requires (with exceptions) the Administrator, by July 1, 2001, and every five years thereafter, to take one of the following actions for not fewer than five contaminants: (1) publish a determination that information available to the Administrator does not warrant the issuance of an NPDW regulation; (2) publish a determination that an NPDW regulation is warranted and proceed to propose an MCLG and NPDW regulation not later than two years after the date of publication of the determination; and (3) propose an MCLG and NPDW regulation. Sets forth provisions regarding insufficient information to make, and the basis for, such determinations. Requires the Administrator to give priority to those contaminants not currently regulated that are associated with the most serious adverse health effects and that present the greatest potential risk to human health due to their presence in drinking water provided by public water systems. Sets forth provisions regarding public comment and judicial review. Authorizes the Administrator to promulgate an interim NPDW regulation for a contaminant to address an urgent threat to public health. Sets forth provisions regarding: (1) schedules for publication of MCLGs and NPDW regulations; (2) substitution of contaminants; and (3) promulgation, by December 31, 1995, of an information collection rule to facilitate further revisions to the NPDW regulation for disinfectants and disinfectant byproducts, including information on microbial contaminants such as cryptosporidium. (Sec. 5) Requires the Administrator, in carrying out the Act, to: (1) use the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices, and data collected by accepted or best available methods; and (2) ensure that the presentation of information on public health effects is comprehensive, informative, and understandable. Directs the Administrator to conduct a cost-benefit analysis for each NPDW regulation containing a maximum contaminant level (MCL) or treatment technique before it is proposed, including consideration of alternative MCLs or treatment requirements. Authorizes appropriations. (Sec. 6) Permits the MCLG for contaminants that are known or likely to cause cancer in humans to be set at a level other than zero if the Administrator determines, based on the best available, peer- reviewed science, that there is a threshold level below which there is unlikely to be any increase in cancer risk and the Administrator sets the MCLG at that level with an adequate margin of safety. Requires the Administrator, at the time he or she proposes an NPDW regulation, to publish a determination as to whether the benefits of the MCL justify, or do not justify, the costs. Authorizes the Administrator to establish an MCL for a contaminant at a level other than the feasible level if the technology, treatment techniques, and other means used to determine the feasible level would result in an increase in the health risk from drinking water by: (1) increasing the concentration of other contaminants in drinking water; or (2) interfering with the efficacy of drinking water treatment techniques or processes that are used to comply with other NPDW regulations. Authorizes the Administrator, if he or she determines that the benefits of an MCL would not justify the cost of complying with the level, to promulgate an MCL for the contaminant that maximizes health risk reduction benefits at a cost that is justified by the benefits, with an exception. Prohibits the Administrator from establishing an MCL in a Stage I or Stage II NPDW regulation for contaminants that are disinfectants or disinfection byproducts, or to establish an MCL or treatment technique requirement for the control of cryptosporidium. Sets forth provisions regarding: (1) judicial review; (2) disinfectants and disinfectant byproducts; and (3) review of standards. (Sec. 7) Requires the Administrator to promulgate NPDW regulations for: (1) arsenic according to a specified schedule and develop and carry out a comprehensive plan for research in support of drinking water rulemaking and take other specified steps regarding assessment, proposed regulation, and final regulation for arsenic; (2) radon, providing for an MCL of 3,000 picocuries per liter; and (3) sulfates. (Sec. 10) Directs the Administrator to propose a regulation that describes treatment techniques that meet the requirements for filtration that are feasible for community water systems serving a population of 3,300 or fewer and noncommunity water systems. (Sec. 12) Directs the Administrator to issue guidance or regulations regarding system treatment technologies. Authorizes the Administrator to make grants to institutions of higher learning to establish and operate not fewer than five small public water system technology assistance centers in the United States. (Sec. 13) Revises the variance provisions of the Act to: (1) allow public water systems to receive a variance on the condition that they install and operate best available treatment technology; and (2) authorize the Administrator (or a State with primary enforcement responsibility for public water systems) to grant to public water systems serving a population of 10,000 or fewer a variance for compliance with a requirement specifying an MCL or treatment technique contained in an NPDW regulation if a system cannot afford to comply with the regulation and adequate protection of public health is ensured. (Sec. 15) Requires each State to: (1) obtain the legal authority or other means to ensure that all new community water systems and new nontransient, noncommunity water systems commencing operation after October 1, 1996, demonstrate technical, managerial, and financial capacity with respect to each NPDW regulation in effect, or likely to be in effect, on the date of commencement of operations; (2) prepare, periodically update, and submit to the Administrator a list of community water systems and nontransient, noncommunity water systems that have a history of significant noncompliance and report to the Administrator; and (3) develop and implement a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity. Directs the Administrator to support: (1) the States in developing capacity development strategies; and (2) the network of university-based Environmental Finance Centers in providing training and technical assistance to State and local officials in developing the capacity of public water systems, including the establishment of a national public water systems capacity development clearinghouse. Authorizes appropriations. (Sec. 16) Requires public water systems receiving assistance from a State Revolving Loan Fund to be operated by a trained and certified operator. Authorizes the Administrator to withhold funds that would otherwise be allocated to the State, or require the repayment of an amount equal to the amount of any such assistance, for noncompliance. (Sec. 17) Directs each State to: (1) delineate the source water protection areas for community water systems in the State using hydrogeologic information considered to be reasonably available and appropriate by the State; and (2) conduct vulnerability assessments in source water areas determined to be a priority by the State. Authorizes States to establish source water quality partnership petition programs to assist in the local development of a voluntary, incentive-based partnership to reduce the presence in drinking water of contaminants and to obtain Federal and State financial or technical assistance. (Sec. 18) Extends the date for submitting State regulations to retain primacy for new or revised drinking water standards. Grants States interim primary enforcement authority. Authorizes appropriations. (Sec. 19) Requires the Administrator to review existing monitoring requirements for not fewer than 12 contaminants within two years. Authorizes: (1) States to establish alternative monitoring programs, except for regulations applicable to a microbial contaminant or an indicator of such a contaminant, subject to specified requirements; and (2) the Administrator or a State to suspend quarterly monitoring requirements applicable to small systems for any contaminant (other than a microbial contaminant or such an indicator that causes an acute effect or a contaminant formed in the treatment process or distribution system) that is not detected during the first quarterly sample in a monitoring cycle. Directs the Administrator to promulgate regulations establishing the criteria for a monitoring program for unregulated contaminants and to list up to 20 contaminants. Requires all systems serving more than 10,000 people to monitor for such contaminants. Authorizes appropriations. Requires the Administrator to establish a national database containing information on the occurrence of regulated and unregulated contaminants. (Sec. 20) Requires each owner or operator of a public water system to give notice to those served by the system: (1) of any failure of the system to comply with an applicable maximum contaminant level or treatment technique requirement of, or a testing procedure prescribed by, an NPDW regulation or to perform required monitoring; (2) if the system is subject to a variance granted for an inability to meet a maximum contaminant level requirement or is subject to a granted exemption, of the existence of the variance or exemption and of any failure to comply with the requirements of any schedule prescribed pursuant to the variance or exemption; and (3) of the concentration level of any unregulated contaminant for which the Administrator has required public notice. Directs the Administrator to prescribe the manner, frequency, form, and content for giving notice. Specifies that such regulations shall provide for different frequencies of notice based on the differences between violations that are intermittent or infrequent and violations that are continuous or frequent and shall take into account the seriousness of any potential adverse health effects that may be involved. Permits a State to establish alternative notification requirements. Sets forth reporting requirements. (Sec. 21) Revises enforcement provisions of the Act to permit enforcement actions to be taken by both EPA and a State with primary enforcement responsibility. Directs the Administrator to notify local elected officials before taking enforcement actions against public water systems in nonprimacy States. Authorizes the Administrator or a State to suspend enforcement action with respect to a violation for a two-year period if the violation is to be corrected through a consolidation or restructuring during that period. Requires States to adopt administrative penalties of at least $1,000 per violation for large systems. Increases the maximum amount for an administrative penalty imposed by EPA from $5,000 to $25,000 per violation, but only after a hearing on the record. (Sec. 22) Waives the sovereign immunity of Federal agencies, subject to specified limitations. Allows citizens and States to seek penalties for all violations of the Act at Federal facilities. (Sec. 23) Authorizes appropriations for research with respect to the safe supply of drinking water. Directs the Administrator to: (1) develop and periodically update an integrated risk characterization strategy for drinking water quality; and (2) develop and carry out a research plan to support the development and implementation of rules regarding enhanced surface water treatment, disinfectant and disinfection byproducts, and ground water disinfection. Sets forth reporting requirements. (Sec. 24) Revises the definition of "public water system" to include water for human consumption through pipes or other constructed conveyances. Excludes from regulation connections to non-piped systems where alternative water supplies or treatment to levels that are equivalent to NPDW regulations is provided before the water is used for drinking or cooking. (Sec. 25) Authorizes the Administrator to makes grants to States for the development and implementation of State programs for the protection of groundwater resources. Prohibits any such grant from being used for more than half of the cost of the program. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the extent and seriousness of contamination of private sources of drinking water that are not regulated under this Act. Authorizes the Administrator to reestablish a partnership between the Robert S. Kerr Environmental Research Laboratory and the National Center for Ground Water Research, a university consortium, to conduct research, training, and technology transfer for groundwater quality protection and restoration. (Sec. 26) Prohibits the use (after June 19, 1986, in the installation or repair of any public water system or in any plumbing in a facility providing water for human consumption) or sale (effective two years after this Act's enactment) of any pipe, or plumbing fitting or fixture, that is not lead free, with exceptions. Directs the Administrator to: (1) provide accurate and timely technical information and assistance to qualified third-party certifiers in the development of voluntary standards and testing protocols for the leaching of lead from new plumbing fittings and fixtures that are intended by the manufacturer to dispense water for human ingestion; and (2) promulgate regulations setting a health effects-based performance standard establishing maximum leaching levels from new plumbing fittings and fixtures that are intended by the manufacturer to dispense water for human ingestion if a voluntary standard is not established within a year. Repeals Federal law encouraging the use of geothermal heat pumps that return water to the distribution lines of public water systems. (Sec. 27) Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to issue a regulation establishing a quality level for each contaminant in bottled water or make a finding that a regulation is unnecessary to protect the public health because the contaminant is contained in water in the public water systems and not in water used for bottled drinking water. (Sec. 28) Directs the Administrator to: (1) identify and rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare; (2) estimate the private and public costs associated with each source of pollution and the costs and benefits of complying with regulations designed to protect against risks associated with such sources and those associated with major Federal actions selected by the Administrator that have the most significant impact on human health or the environment; (3) identify reasonable opportunities to achieve significant risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on human health, the environment, or public welfare; (4) identify, explain, and determine research that would reduce uncertainties associated with the risks; and (5) consider and estimate the monetary and other values of the benefits associated with reducing risk to human health and the environment. Sets forth reporting requirements. Directs the Science Advisory Board to conduct a technical review of Administrator's report in public session before submission to the Congress. (Sec. 29) Authorizes the Chief of the Army Corps of Engineers to modernize the Washington Aqueduct. Authorizes appropriations. Modifies the membership of the National Drinking Water Advisory Council to include two members representing small, rural water systems.
United States · United States Congress · 29 September 1995
Requires the Senate and the House of Representatives to assemble in the Hall of the House on October 11, 1995, to remember the veterans and those who served on the home front in closing the commemoration of the 50th Anniversary of World War II. Designates November 4 through 11, 1995, as a Week of National Remembrance and the Closing of the 50th Anniversary of World War II. Calls for National Days of Prayer on November 4 through 5, 1995, and a World War II Education Day across America on November 8, 1995. Requires commemorations during such week to include the dedication of the future site of the Nation's World War II Memorial in Washington, D.C. Designates Veterans Day, November 11, 1995, as a "National Day of Observance and Celebration of the 50th Anniversary of World War II. Urges each State Governor and chief executive of political subdivisions of each State to issue a proclamation calling upon citizens to participate on November 11, 1995, at 11 o'clock a.m. in the ringing of the Bells of Peace and Freedom 50 times to signify the 50 years without a world war and the world's hope to achieve another 50 years of peace and freedom.
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 · 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 · 7 August 1995
Vancouver National Historic Reserve Act of 1995 - Establishes the Vancouver National Historic Reserve in the State of Washington. (Sec. 5) Authorizes the Secretary of the Interior (Secretary), acting through the Director of the National Park Service, and the Secretary of the Army to participate as members of the Vancouver National Historic Reserve Partnership to oversee the protection, enhancement, and development of the Reserve. Requires the Partnership to: (1) act as a forum for cooperation and coordination among the member agencies; (2) minimize staffing, development, and operational costs to each member agency; (3) promote the coordinated protection, use, and interpretation of the cultural, recreational, and educational resources of the Reserve; (4) identify additional opportunities for appropriate public use and enjoyment of the Reserve; and (5) develop and coordinate implementation of the management plan, including the Pearson Airpark economic viability and mitigation plan, and an interpretive plan for the Reserve pursuant to this Act. Requires the Partnership to: (1) be comprised of a representative of each of the National Park Service, the Historic Preservation Office of the State of Washington, the Department of the Army, the city of Vancouver, and the citizens of Washington State; and (2) prepare and submit to the Secretary for review and approval a cooperative agreement, prepared with public participation, to govern the operations of the Partnership. (Sec. 8) Requires the Partnership to: (1) develop and submit a management plan for the Reserve to the Secretary for review and approval; and (2) as appropriate, submit a revised plan to the Secretary upon evaluating the progress made in implementing the original one. Allows the Partnership to enter into a memorandum of agreement with a State, a political subdivision, or a private person or organization that, at a minimum, establishes procedures for providing notice to the Partnership of actions proposed by such entity that may affect implementation of the management plan. (Sec. 9) Permits general aviation at Pearson Airpark that is permitted to be conducted on National Park Service (NPS) property on the enactment of this Act to continue after the year 2002, provided that: (1) Pearson AirField and Air Museum shall be operated by the city of Vancouver; (2) Vancouver pays the NPS a fee of $1 per year for the continued use and occupancy of the Airpark on NPS property and the appraised fair market land rental value of the portion of such property that is used for development of the Pearson Airpark Historical Museum; (3) all nonhistoric, aviation-related facilities and equipment shall be removed by Vancouver from NPS property by April 6, 2003, except those necessary for navigation and safety; (4) Vancouver shall not be compensated for historic aviation-related facilities or equipment remaining on NPS property, but shall be liable and responsible for continued use and maintenance of such facilities and equipment; (5) approval of the Secretary is required for all improvements and additions to facilities or equipment of the Air Museum located on NPS property; (6) helicopters shall not be based at Pearson Airpark except as necessary to accommodate emergency, disaster, or national security needs; and (7) the number of airworthy aircraft based at the Airpark shall be determined under the Pearson economic plan. Requires the Partnership to prepare and include in the management plan an economic viability and mitigation plan for the Pearson Airpark. (Sec. 10) Authorizes the Secretary to provide financial and technical assistance in preparing, developing, and implementing the management plan. (Sec. 12) Authorizes appropriations. Limits the Federal share of the costs of Partnership activities in a fiscal year to 50 percent.
United States · United States Congress · 3 August 1995
TABLE OF CONTENTS: Title I: Block Grants for Temporary Assistance for Needy Families Title II: Supplemental Security Income Subtitle A: Eligibility Restrictions Subtitle B: Benefits for Disabled Children Subtitle C: Studies Regarding Supplemental Security Income Program Subtitle D: National Commission on the Future of Disability Subtitle E: State Supplementation Programs Title III: Food Stamp Reform Subtitle A: Food Stamp Reform Subtitle B: Anti-Fraud and Trafficking Title IV: Child Nutrition Programs Subtitle A: Reimbursement Rates Subtitle B: Grant Programs Subtitle C: Other Amendments Subtitle D: Reauthorization Title V: Noncitizens Title VI: Child Care Title VII: Workforce Development and Workforce Preparation Activities Subtitle A: General Provisions Subtitle B: Statewide Workforce Development Systems Subtitle C: Job Corps and Other Workforce Preparation Activities for At-Risk Youth Subtitle D: Transition Provisions Subtitle E: National Activities Subtitle F: Repeals of Employment and Training and Vocational and Adult Education Programs Title VIII: Workforce Development-Related Activities Subtitle A: Amendments to the Rehabilitation Act of 1973 Subtitle B: Amendments to Immigration and Nationality Act Title IX: Child Support Subtitle A: Eligibility for Services; Distribution of Payments Subtitle B: Locate and Case Tracking Subtitle C: Streamlining and Uniformity of Procedures Subtitle D: Paternity Establishment Subtitle E: Program Administration and Funding Subtitle F: Establishment and Modification of Support Orders Subtitle G: Enforcement of Support Orders Subtitle H: Medical Support Subtitle I: Enhancing Responsibility and Opportunity for Nonresidential Parents Subtitle J: Effect of Enactment Title X: Reform of Public Housing Work Opportunity Act of 1995 - Title I: Block Grants For Temporary Assistance For Needy Families - Replaces the current Aid to Families with Dependent Children (AFDC) and Job Opportunities and Basic Skills Training (JOBS) programs under parts A and F of title IV of the Social Security Act (SSA) with a program of block grants to the States for temporary assistance for needy families with minor children (TEA program). Gives such program the stated purpose of increasing State flexibility in operating a program with mandatory work and education requirements (as well as certain penalties against adult family members on TEA assistance who refuse to work) as well as adult- supervised living arrangements for unmarried teenage parents designe: o: (1) provide certain time-limited assistance to needy families with minor children that enter into a personal responsibility contract with the State, with certain exceptions involving minor children and hardship situations; (2) provide job preparation and opportunities for such families, including opportunities to participate in State-approved job placement agency services; and (3) prevent and reduce the incidence of out-of-wedlock pregnancies. Denies TEA assistance for fugitive felons and probation and parole violators. (Sec. 101) Expresses the sense of the Congress that: (1) each State operating a TEA program is encouraged to assign the highest priority to requiring adults in two-parent families and adults in single-parent families that include older preschool or school-age children to be engaged in work activities; and (2) prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock births are very important Government interests and the policy contained in the provisions of this title is intended to address the crisis. Establishes in the Treasury a revolving Federal Loan Fund for State Welfare Programs for loans to any loan-eligible State for conducting welfare anti-fraud and other specified activities. Outlines program audit and data collection and reporting as well as certain study requirements. Authorizes the Secretary of Health and Human Services (HHS) to conduct research, evaluations, and national studies with regard to programs funded under this title. Directs the Bureau of the Census to expand the Survey of Income and Program Participation as necessary to obtain such information as will enable interested persons to evaluate the impact of the changes made by this title on a random national sample of recipients of assistance under State programs funded under this title and other appropriate low-income families. Addresses the treatment of existing State AFDC waivers in effect or approved by the Secretary as of October 1, 1995. Provides for the treatment of Indian tribes with regard to grant amounts and other specified program matters affecting Indians. Makes the Assistant Secretary for Family Support within HHS the official responsible for administering SSA title IV part A and D (Child Support and Establishment of Paternity) programs. (Sec. 102) Allows States to contract with charitable, religious, and private organizations to provide services and administer programs established or modified by this Act. (Sec. 103) Prohibits financial assistance provided under such programs from being expended for any sectarian purpose or activity, including sectarian worship or instruction. (Sec. 104) Provides for continued application of current AFDC standards under the Medicaid program under SSA title XIX. (Sec. 105) Specifies reductions in HHS personnel the Secretary must make with regard to positions relating to an activity previously authorized under the former AFDC and JOBS programs. (Sec. 107) Makes conforming amendments to the Food Stamp Act of 1977 and related provisions of other specified Federal laws. Authorizes appropriations. Title II: Supplemental Security Income - Subtitle A: Eligibility Restrictions - Amends SSA title XVI (Supplemental Security Income) (SSI) to: (1) deny SSI by reason of disability to drug addicts and alcoholics; (2) revise representative payee requirements; (3) provide for limited eligibility of certain noncitizens for SSI benefits; (4) deny SSI benefits for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States; (5) deny SSI benefits for fugitive felons and probation and parole violators; and (6) provide for exchange of SSI information with law enforcement agencies. Subtitle B: Benefits for Disabled Children - Revises the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying the medical criteria for evaluation of mental and emotional disorders, and discontinuing the use of individualized functional assessments for children. Requires the Commissioner of Social Security to redetermine the eligibility of any individual under age 18 who is receiving SSI benefits based on a disability as of the date of the enactment of this Act and whose eligibility for such benefits may terminate by reason of the above amendments. (Sec. 212) Provides that not less frequently than once every three years the Commissioner shall review the continued SSI eligibility of each individual who has not attained 18 years of age and is eligible for such benefits by reason of an impairment (or combination of impairments) which may improve (or, which is unlikely to improve, at the option of the Commissioner). Requires a parent or guardian of a recipient whose case is so reviewed to present, at the time of review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition which was the basis for providing benefits under the SSI program. Provides that if an individual is eligible for SSI benefits by reason of disability for the month preceding the month in which the individual attains age 18, the Commissioner shall redetermine such eligibility: (1) during the one year period beginning on the individual's 18th birthday; and (2) by applying the criteria used in determining the initial eligibility for applicants who have attained age 18. Outlines specific requirements governing: (1) continuing disability reviews for low birth weight babies; and (2) benefit payments through representative payees to eligible individuals and their spouses. Subtitle C: Studies Regarding Supplemental Security Income Program - Requires the Commissioner of Social Security to report annually to the President and the Congress regarding the SSI program. (Sec. 222) Requires the Commissioner to issue a request for comments in the Federal Register regarding improvements to the disability evaluation and determination procedures for individuals under age 18 to ensure the comprehensive assessment of such individuals. Directs the Commissioner to review such comments and issue any regulations implementing any necessary changes not later than 18 months after this Act is enacted. (Sec. 223) Requires the Commissioner to make arrangements with the National Academy of Sciences, or other independent entity, to study the disability determination process under SSA titles II and XVI for reports to the President and the Congress. (Sec. 224) Directs the Comptroller General to study and report on the impact of the amendments made by, and the provisions of, this title on the SSI program. Subtitle D: National Commission on the Future of Disability - Establishes the National Commission on the Future of Disability to develop and carry out a comprehensive study of all matters related to the nature, purpose, and adequacy of all Federal programs serving individuals with disabilities, including the programs under SSA titles II and XVI, with resulting recommendations for appropriate action submitted to the President and the Congress. Subtitle E: State Supplementation Programs - Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits. Title III: Food Stamp Program - Subtitle A: Food Stamp Reform - Amends the Food Stamp Act of 1977 (Act) to establish a maximum 24-month food stamp program (program) authorization period for certain households. (Sec. 303) Authorizes States to establish additional criteria for separate household determinations. (Sec. 304) Revises thrifty food plan adjustment requirements. (Sec. 305) Revises the definition of "homeless individual" to limit the length of time a person may temporarily live in another person's residence. (Sec. 307) Revises household income exclusion provisions regarding: (1) students; and (2) Federal energy assistance. (Sec. 309) Revises household income deduction provisions regard: : (1) standard deductions; (2) earned income; (3) dependent care; (4) child support payments; (5) homeless shelter assistance; (6) excess medical expenses; and (7) excess shelter expenses. (Sec. 310) Eliminates specified excludable auto value increases. (Sec. 311) Revises the scope of sponsor-attributed income and resources regarding alien program eligibility. (Sec. 312) Revises work requirement and employment and training provisions. Extends employment and training funding authorizations. (Sec. 315) Authorizes comparable program disqualification based upon welfare or public assistance disqualification. (Sec. 316) Requires at State option: (1) cooperation with child support agencies in order to maintain program eligibility; and (2) program disqualification for child support arrears. (Sec. 318) Disqualifies permanently an individual who participates in the program in two or more States. (Sec. 319) Defines "work program." (Sec. 320) Exempts electronic transfers of program benefits from specified disclosure, protection, and remedy provisions. (Sec. 321) Eliminates annual minimum allotment adjustments. (Sec. 323) Authorizes a combined allotment for expedited households. (Sec. 324) Authorizes program reductions for failure to comply with a public assistance reduction requirement. (Sec. 325) Authorizes program assistance for households residing in a homeless shelter or drug or alcohol treatment center. (Sec. 327) Eliminates certain certification personnel training requirements. (Sec. 328) Provides for the exchange of information with Federal, State, or local law enforcement authorities, including the Immigration and Naturalization Service, under specified circumstances. (Sec. 329) Revises expedited coupon service requirements. (Sec. 330) Authorizes a family to withdraw a fair hearing request. (Sc. 331) Permits States to use income and eligibility verification systems other than the system used in part A (General Provisions) of title XI (General Provisions and Peer Review) of the Social Security Act. (Sec. 130) Directs program overissuances to be collected by: (1) allotment reduction; (2) unemployment compensation withholding; or (3) Federal pay or Federal income tax refund recovery. (Sec. 333) Terminates Federal matching requirements for program informational activities. (Sec. 335) Authorizes States to use funds otherwise available to a participating household for a work supplementation or support program. Sets forth program provisions. (Sec. 336) Authorizes waiver of program requirements as necessary to conduct related pilot projects. Authorizes appropriations. (Sec. 339) Authorizes States to carry out private sector employment initiatives. Sets forth program provisions. (Sec. 340) Authorizes appropriations for: (1) program operations; and (2) Puerto Rico block grants. (Sec. 342) Authorizes States to carry out a Simplified Food Program in lieu of existing program requirements. Sets forth Program provisions. (Sec. 343) Establishes an optional State food assistance block grant program. Sets forth program provisions. Subtitle B: Anti-Fraud and Trafficking - Amends the Act to expand the definition of "coupon." (Sec. 352) Increases penalties for specified food stamp program (program) violations. (Sec. 353) Authorizes the Secretary of Agriculture to establish specific time periods for: (1) retain food stores and wholesale food concerns (stores) to apply for program participation; and (2) prohibition of program participation based on lack of business integrity. (Sec 355) Includes income and sales tax information among the types of eligibility verification information which may be requested. (Sec. 356) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. (Sec. 358) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.) (Sec. 359) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). (Sec. 360) Provides for permanent disqualification of a store that knowingly submits a falsified application. (Sec. 361) Establishes criminal forfeiture penalties for specified program violations. Title IV: Child Nutrition Programs - Subtitle A: Reimbursement Rates - Amends the National School Lunch Act (NSLA) to terminate the additional lunch payment for schools with high percentages of free or reduced price lunches. (Sec. 402) Revises NSLA annual adjustment provisions for: (1) value of food assistance; and (2) lunches, breakfasts, and supplements. (Sec. 404) Revises NSLA service institution payment provisions for the summer food service program for children. (Sec. 405) Amends the Child Nutrition Act of 1966 (CNA) to revise annual adjustment provisions for: (1) the special milk program; and (2) the school breakfast program. (Sec. 407) Conforms reimbursement for CNA school breakfasts with that for NSLA school lunches. Subtitle B: Grant Programs - Amends CNA to: (1) terminate school breakfast startup grants; and (2) reduce annual authorization of appropriations for nutrition education and training programs. Subtitle C: Other Amendments - Amends NSLA and CNA to set forth free and reduced price policy statements for the school lunch program and the school breakfast program. (Sec. 422) Revises NSLA provisions for the summer food service program for children. Allows participating school food authorities to permit a child to refuse not more than one item of a meal that the child does not intend to consume. Provides that a refusal of an offered food shall not affect the amount of payments to a school for the meal. Removes a requirement that States submit a plan or schedule as part of notice to institutions. (Sec. 423) Revises NSLA provisions for the child and adult care food program with respect to payments to certain sponsor employees. Revises provisions regarding day care home reimbursements. Requires reservation of certain funds for grants to States for assistance for family or group day care homes. Requires Federal and State provision of certain data to family or group day care home sponsoring organizations. Disallows certain meal claims. Eliminates certain requirements involving State paperwork and outreach. Requires States to provide training, technical assistance, and monitoring. (Sec. 424) Requires a review of all NSLA and CNA reporting requirements and a report recommending elimination of any that impose a paperwork burden on agencies and schools which cannot be justified by their contribution to program effectiveness. Subtitle D: Reauthorization - Amends the Agriculture and Consumer Protection Act of 1973 to reauthorize appropriations for the commodity distribution program. (Sec. 432) Amends the Emergency Food Assistance Act of 1983 and the Omnibus Budget Reconciliation Act of 1993 to extend authority and reauthorize appropriations for the emergency food assistance program. (Sec. 433) Amends the Hunger Prevention Act of 1988 to reauthorize appropriations for the soup kitchens program. (Sec. 434) Amends the Agriculture and Food Act of 1981 to extend authority for processing of agricultural commodities into food products. (Sec. 435) Amends the Agriculture and Consumer Protection Act of 1973 to extend authority for the commodity supplemental food program. Title V: Noncitizens - Gives States the option of prohibiting the use of any grant funds received under SSA title IV part A, or the new optional State food assistance block grant program established under title III of this Act, for the provision of assistance under the related State programs for an individual who is not a citizen or national of the United States. (Sec. 502) Provides that, for purposes of determining the eligibility of an individual (whether a citizen or national of the United States or an alien) for assistance, and the amount of assistance, under any Federal program of assistance provided or funded, in whole or in part, by the Federal Government for which eligibility for benefits is based on need, certain described income and resources pertaining to the individual's sponsor shall, in spite of any other provision of law, be deemed to be the income and resources of such individual. Applies such requirement for the period for which the sponsor has agreed, in an affidavit or agreement, to provide support for such individual, or for a period of five years beginning on the date such individual was first lawfully in the United States after the execution of such affidavit or agreement, whichever period is longer. Outlines similar deemed income authority for State and local programs of assistance authorized under Federal law for which eligibility is based on need. Exempts from such restrictions eligibility for emergency medical services under Medicaid, short-term emergency disaster relief, assistance or benefits under the National School Lunch Act, assistance or benefits under the Child Nutrition Act of 1966, and public health assistance for immunizations with respect to immunizable diseases and for testing and treatment for communicable diseases under certain conditions. (Sec. 503) Details the limited eligibility of noncitizens for SSI benefits. Title VI: Child Care - Child Care and Development Block Grant Amendments Act of 1995 - Amends the Child Care and Development Block Grant Act of 1990 to consolidate Federal child care programs. (Sec. 602) Extends the authorization of appropriations under the Act. Revises provisions for the lead agency to allow such agency to administer the financial assistance received by the State under the act either directly or through other governmental or nongovernmental agencies. Requires sufficient time and statewide distribution for the notice of the public hearing on child care services provision under the State plan. Revises provisions for the State application and plan. Eliminates a requirement that providers that are not required to be licensed or regulated under State or local law be required to register with the State before payment is made under the Act. Requires the State to implement mechanisms to ensure that appropriate payment mechanisms exist so that proper payments under this subchapter will be made to providers. Directs the Secretary of Health and Human Services to develop minimum child care standards, appropriately reflective of tribal needs and available resources, applicable to Indian tribes and tribal organization receiving assistance under the Act. Reduces from 25 to 15 percent of annual assistance to a State the set-aside for quality of child care and before- and after-school and early childhood development services. Applies such set-aside, however, only to child care quality improvement activities and no longer to early childhood development and before- and after-school care services. Adds a limitation on administrative costs. Requires the sliding fee scale to ensure a representative distribution of funding among the working poor and recipients of Federal welfare assistance. Expands eligibility criteria to include families earning up to 100 percent (currently 75 percent) of the State median family income. Revises requirements relating to quality improvement activities to include: (1) under resource and referral programs, consumer education, referrals honoring parental choice, and activities to improve quality and availability of child care; and (2) under other activities, increasing availability of care before- and after-school, for infants, and during nontraditional work hours. Repeals a requirement that States expend a specified minimum amount of reserved funds for early childhood development and before- and after-school services. Revises requirements for enforcement and for reports. Authorizes the Secretary to permit an Indian tribe or organization to use certain assistance to construct or renovate facilities that will be used to carry out child care programs. Provides for reallocation of assistance to other Indian tribes or organizations under certain conditions. Allows use of child care certificates as deposits. Includes among eligible child care providers those who care for an eligible great grandchild or sibling (if in the latter case the provider lives in a separate residence). Eliminates certain registration requirements for providers who are relatives. (Sec. 603) Repeals: (1) the State Dependent Care Development Grants Act; and (2) the Child Development Associate Scholarship Assistance Act of 1985. Title VII: Workforce Development and Workforce Preparation Activities - Subtitle A: General Provisions - Workforce Development Act of 1995 - Sets forth congressional findings, purposes of this title, and the definitions of terms used in this title and title VIII. Subtitle B: Statewide Workforce Development Systems - Establishes a program of assistance for Statewide workforce development systems. (Sec. 711) Directs the Governing Board of the Workforce Development Partnership (Federal Partnership, established under this Act) (Governing Board) to make allotments, for program years 1998 and subsequent, to States to help pay costs of establishing and carrying out activities through statewide workforce development systems. (Sec. 712) Sets forth formulae for such State allotments. (Sec. 713) Requires States to apportion such allotment funds by specified percentages among workforce employment activities, workforce education activities, and flexible workforce activities. (Sec. 714) Sets forth requirements relating to State plans describing: (1) the strategic plan for the statewide system, including flexible workforce activities, and, if appropriate, economic development activities; (2) workforce employment activities; and (3) workforce education activities. (Sec. 715) Authorizes Governors of States receiving such allotments to establish State workforce development boards with certain membership requirements and functions. (Sec. 716) Sets forth required and authorized uses of funds under this title. Requires funds for workforce employment activities to be used for: (1) one-stop delivery of specified core services; (2) a statewide comprehensive labor market information system; and (3) a job placement accountability system. Allows such funds to also be used for: (1) specified permissible one-stop delivery activities; (2) other specified permissible activities which may be provided through vouchers, including certain forms of training, supportive, and followup services; (3) staff development and training; and (4) incentive grant awards to substate areas that reach or exceed State benchmarks. Requires State educational agencies to use funds for workforce education activities to carry out, through the statewide system, activities that include: (1) integrating academic and vocational education; (2) linking secondary and postsecondary education (including implementing tech-prep programs); (3) career guidance and counseling at the earliest possible age; (4) literacy and basic education for adults and out-of-school youth, including those in correctional institutions; (5) secondary education completion programs for adults and out-of-school youth; (6) improving vocational education programs; and (7) improving access to quality vocational education programs for at-risk youth. Sets forth certain fiscal requirements for such workplace education activities. Requires States to use a portion of the funds for flexible workforce activities (flex account funds) to carry out school-to-work activities through the statewide system (except that any State that received a grant under specified provisions of the School-to-Work Opportunities Act of 1994 must use such portion to support continued development of the statewide School-to-Work Opportunities system through continuing activities in accordance with such grant). Allows States to use a portion of such flex account funds for workforce employment and workforce education activities. Allows States that meet specified requirements to use a portion of flex account funds for specified economic development activities relating to workforce training and skills upgrading. Sets forth limitations on use of funds and on individual participation under this title. (Sec. 717) Outlines provisions for supporting Indian and Native Hawaiian workforce development activities and associated supplemental services for Indian and Native Hawaiian youth and public assistance recipients on or near reservation areas. (Sec. 718) Directs the Governing Board, using certain funds made available below, to make grants to outlying areas to carry out workforce development activities. (Sec. 721) Provides for local uses of funds under this title, including: (1) local apportionment by activity, distributing 75 percent of workforce employment activities funds to local entities and 80 percent of workforce education activities funds to certain educational entities; (2) distributions for secondary school vocational education, for postsecondary and adult vocational education, and for adult education; and (3) minimal allocations and redistribution. Provides for States to enter into local agreements regarding workforce employment activities, school-to-work activities, and economic development activities to be carried out in each substate area with local partnerships (or, where established, workforce development boards). (Sec. 731) Provides for: (1) accountability; and (2) incentives and sanctions. (Sec. 733) Amends the Social Security Act with respect to the Unemployment Trust Fund to make Federal Unemployment Tax Act (FUTA) revenues available for statewide workforce development systems to the extent they are used to carry out specified core services relating to job search, placement assistance and labor market information provided through the one-stop career centers. (Sec. 734) Authorizes appropriations to carry out this Act (other than subtitle C below). Sets forth certain reservations of funds. Subtitle C: Job Corps and Other Workforce Preparation Activities for At-Risk Youth - Requires a State to use a portion of its allotment for workforce preparation activities for at-risk youth to maintain any Job Corps Center located in that State and carry out specified activities for Job Corps enrollees assigned there, if such center received assistance under the Job Training Partnership Act (JTPA) for FY 1996 and was not closed in accordance with specified provisions. (Sec. 744) Limits eligibility for the Job Corps to at-risk youth. (Sec. 745) Provides for Job Corps: (1) screening and selection of applicants; (2) enrollment and assignment; (3) centers' development, character, activities, operators, and inclusion of Civilian Conservation Centers; (4) program activities; (5) support by States of enrollees through personal allowances; (6) State operating plans; (7) standards of conduct; (8) community participation; and (9) counseling and placement. (Sec. 754) Directs the Secretary of Labor to offer leases and sales of Job Corps centers, for nominal consideration, to States with approved State plans. (Sec. 755) Provides for closure of certain Job Corps centers. Directs the Governing Board to conduct a national Job Corps audit, report to the appropriate congressional committees, and report recommendations to the Secretary of Labor, including identification of 25 Job Corps centers to be closed by September 30, 1997. Directs the Secretary, after reviewing such report, to close 25 centers by such date. (Sec. 756) Amends JTPA to set forth requirements for interim operating plans for Job Corps centers. (Sec. 759) Directs the Governing Board, for program years 1998 and subsequent, to make allotments to States to help pay for carrying out specified workforce preparation activities for at-risk youth. Sets forth provisions for core required activities, permissible activities, allotment formulas, State plans, applications, and within-State distribution. (Sec. 241) Authorizes appropriations to carry out this subtitle. Subtitle D: Transition Provisions - Authorizes the Secretary (of Labor or of Education or of Health and Human Services, depending on the covered activity) to waive, during a transition period, any requirement under any provision of law (or regulation under it) relating to a covered activity for States or localities that request such waivers and comply with specified requirements. Requires States to submit interim State plans to the Governing Board in order for a State or locality to use such transition waivers. (Sec. 765) Authorizes interim appropriations under the Older American Community Service Employment Act, the Carl D. Perkins Vocation and Applied Technology Education Act, and other specified Acts. Subtitle E: National Activities - Establishes the Workforce Development Partnership (Federal Partnership) as a Government corporation, with a Governing Board and an Office of Inspector General, to administer activities under this Act. Authorizes appropriations. (Sec. 772) Directs the Assistant Secretary for Educational Research and Improvement to: (1) conduct a national assessment of vocational education programs assisted under this Act, through studies and analyses conducted independently through competitive awards; and (2) appoint an independent advisory board to advise on implementation of such assessment. (Sec. 773) Directs the Governing Board to oversee development and continuous improvement of a nationwide integrated labor market information system. Sets forth Federal, joint Federal-State, and State responsibilities with respect to labor market information. (Sec. 774) Authorizes the Governing Board to a competitive grant to an institution of higher education, a public or private nonprofit organization or agency, or a consortium to establish a National Center for Research in Education and Workforce Development. (Sec. 775) Transfers to the Federal Partnership, as of June 30, 1998, all functions of the Secretaries of Labor and of Education (including those of their Offices of Inspector General) that relate to a covered activity and are minimally necessary to carrying out Federal Partnership functions. Provides for: (1) determinations of functions by the Board, including Board review of a proposed transition workplan of the Secretaries; (2) personnel, delegation and assignment, reorganization, and rulemaking powers; (3) transfer and allocations of appropriations and personnel; (4) incidental transfers, effect on personnel, and savings provisions; (5) a transition period; and (6) Board recommendations for additional legislation. (Sec. 776) Transfers to the appropriate receiving agency all functions that do not relate to a covered activity, but that the Secretaries of Labor and of Education, acting through the Employment and Training Administration (ETA) and the Office of Vocational and Adult Education (OVAE), respectively, exercised before June 30, 1998. Directs the Secretaries to submit, for Board review, a proposed transition workplan that includes determinations of: (1) ETA and OVAE functions that do not relate to a covered activity; and (2) appropriate receiving agencies for such functions. (Sec. 777) Terminates OVAE and ETA on July 1, 1998 (as well as any authority granted them or any of their units by any reorganization plan). Subtitle F: Repeals of Employment and Training and Vocational and Adult Education Programs - Repeals: (1) the State Legalization Impact Assistance Grant program under the Immigration Reform and Control Act of 1986; (2) specified Federal law to assist workers displaced by the expansion of the Redwood National Park; (3) the Displaced Homemakers Self-Sufficiency Assistance Act; (4) provisions for Appalachian vocational and other educational facilities and operations under the Appalachian Regional Development Act of 1965; (5) the Job Training for the Homeless demonstration program under the Stewart B. McKinney Homeless Assistance Act; (6) specified Federal transportation law for assistance by the Secretary of Transportation for certain human resource programs relating to mass transportation; and (7) specified Federal transportation law provisions for a program of protection and rehiring of certain dislocated airline employees, and assistance for them from an Airline Employee Protective Account administered by the Department of Labor. Repeals as of July 1, 1998: (1) trade adjustment assistance services under the Trade Act of 1974; (2) the Adult Education Act; (3) the Carl D. Perkins Vocational and Applied Technology Act; (4) the School-to-Work Opportunities Act of 1994; (5) the Wagner-Peyser Act (employment services); (6) the Job Training Partnership Act; (7) community service employment for older Americans under the Older Americans Act of 1965; and (8) programs of Adult Education for the Homeless and of Education for Homeless Children and Youth under the Stewart B. McKinney Homeless Assistance Act. (Sec. 782) Makes conforming amendments to various Federal laws, reflecting such immediate and subsequent repeals. Title VIII: Workforce Development-Related Activities - Subtitle A: Amendments to the Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to repeal authorities relating to consolidated rehabilitation plans. (Sec. 805) Authorizes the Commissioner of the Rehabilitation Administration to provide assistance to achieve participation by individuals with disabilities in activities carried out through a statewide workforce development system. (Sec. 808) Revises a declaration of policy to include references to linkages between the RA vocational rehabilitation program and other integral components of the statewide workforce development system. (Sec. 810) Revises provisions for individualized written rehabilitation programs, and renames them as individualized employment plans. (Sec. 811) Revises the scope of vocational rehabilitation services to eliminate surgery from the authorized uses of funds. Removes the qualification that small business operators' disabilities must be most severe in order for them to receive certain management services and supervision from State agencies. (Sec. 812) Provides for linkages between members of State Rehabilitation Advisory Councils and State workforce development boards. (Sec. 813) Requires consistency between RA evaluation standards and performance indicators and State benchmarks established under this Act. (Sec. 814) Repeals authority for Innovation and Expansion Grants (part C of title I Vocational Rehabilitation Services under RA). Subtitle B: Amendments to Immigration and Nationality Act - Prohibits State use of certain funds under the Immigration and Nationality Act for workforce employment activities under this Act. Title: X: Child Support - Subtitle A: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children. (Sec. 902) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family. (Sec. 903) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions. Subtitle B: Locate and Case Tracking - Mandates that the single statewide automated data system include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries. (Sec. 912) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 913) Requires State plans to: (1) provide for a State- operated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires. (Sec. 914) Requires the States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 915) Requires the States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes. (Sec. 916) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) executing child support obligations; and (3) enforcing visitation orders. (Sec. 917) Requires the States to have statutorily prescribed procedures requiring recordation on such documents of the Social Security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) death records. Subtitle C: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 923) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations. Subtitle D: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. (Sec. 933) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support. Subtitle E: Program Administration and Funding - Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs. (Sec. 942) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 944) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 945) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Subtitle F: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to determine the need for consideration by the Congress of national child support guidelines. (Sec. 952) Revises the requirements for State plan procedures for the review and adjustment of support orders. (Sec. 953) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards. (Sec. 954) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for any person knowingly or negligently violating such prohibition. Subtitle G: Enforcement of Support Orders - Amends the Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount. (Sec. 962) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of members of the armed forces. (Sec. 964) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor. (Sec. 965) Requires a State plan for child and spousal support to include specified procedures: (1) to ensure that persons owing past-due support work or participate in work activities the court deems appropriate; (2) to report to credit bureaus the name of the parent in arrears for child support; (3) to provide for liens against real and personal property for the support arrearages of an absent parent; and (4) to implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages. (Sec. 970) Requires the Secretary of State to deny, revoke, or limit a passport upon certification of nonpayment of child support. (Sec. 971) Authorizes the Secretary of State to negotiate reciprocal agreements with foreign nations: (1) regarding international enforcement of child support obligations; and (2) designating the Department of Health and Human Services as the central authority for such enforcement. Subtitle H: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. (Sec. 976) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child. Subtitle I: Enhancing Responsibility and Opportunity for Nonresidential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate absent parents' access to their children. Subtitle J: Effect of Enactment - Sets forth effective dates for the provisions of this Act. Title X: Reform of Public Housing - Amends the United States Housing Act of 1937 with respect to public housing provisions regarding: (1) ceiling rents; and (2) adjusted and earned income. (Sec. 1003) Exempts tenants from certain labor standards provisions. (Sec. 1004) Prohibits increased housing assistance to a family whose benefits under other public assistance programs have been reduced because of noncompliance. (Sec. 1005) Applies the provisions of this title to Indian housing.
United States · United States Congress · 1 August 1995
Directs the Secretary of Labor to issue a final rule within one year to amend the exemption from child labor restrictions under the Fair Labor Standards Act of 1938 for minors between 16 and 18 years of age who operate automobiles or trucks under a certain weight to: (1) eliminate the requirement that such operation be only occasional and incidental to the minor's employment; and (2) add the requirement that such operation not be the primary duty of the minor's employment.
United States · United States Congress · 20 July 1995
Calls upon: (1) the Government of Japan to honor and abide by the terms of the United States-Japan bilateral aviation agreement and immediately authorize U.S. air cargo and passenger carriers which have pending route requests relating to their "beyond rights" to immediately commence service on such routes; and (2) the President to identify countermeasures that could be taken against such Government for its egregious violation of the agreement and to promptly impose appropriate countermeasures to ensure that such Government abides by the terms of the agreement.
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