United States · United States Congress · 30 January 1996
Commends the men and women who have served or are presently serving in the American Foreign Service and honors those who have given their lives in the line of duty. Designates the first Friday in May 1996 as American Foreign Service Day.
United States · United States Congress · 23 January 1996
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal.
United States · United States Congress · 22 December 1995
Accountable Pipeline Safety and Partnership Act of 1995 - Amends Federal natural gas and hazardous liquid pipeline safety transportation law to revise the exclusion from the meaning of the term "transporting gas" (thus from coverage by such law) of the gathering of gas in a rural area outside a populated, non-rural area to specified locations outside the limits of any incorporated or unincorporated city, town, or village. Extends coverage, however, to the movement of gas through regulated lines, regardless of location. (Sec. 4) Repeals the mandate that Federal minimum safety standards for pipeline transportation and pipeline facilities to include a requirement that all individuals responsible for the operation and maintenance of pipeline facilities be tested for their qualifications. Requires only that they be qualified. Requires such qualifications to address the ability to recognize and react to abnormal operating conditions that may indicate a dangerous situation or a condition exceeding design limits. Directs the Secretary of Transportation, in prescribing minimum safety standards for pipeline transportation and pipeline facilities, to: (1) consider compliance costs and any comments and recommendations received; (2) prepare a risk assessment document assessing costs and benefits under such standards; and (3) submit each such document to either the Technical Pipeline Safety Standards Committee or the Hazardous Liquid Pipeline Safety Standards Committee, as appropriate. Requires such committees, serving as peer review panels, to evaluate and report to the Secretary on such documents. Directs the Secretary to review such evaluations and certify that the incremental benefits of a standard will likely justify its incremental costs. Authorizes the Secretary to suspend the application of a standard during an emergency. Requires a report from the Secretary to the Congress on the implementation of the risk assessment requirements of this section. Directs the Secretary, to the extent appropriate and practicable, to update incorporated industry standards that have been adopted as part of the Federal pipeline safety regulatory program. (Sec. 5) Directs the Secretary to establish risk management demonstration projects under which owners and operators of gas pipeline and hazardous liquid pipeline facilities voluntarily demonstrate applications of risk management. Authorizes the Secretary, during a demonstration project, to waive the applicability of all or a portion of safety standards that would otherwise apply. Outlines demonstration project requirements. (Sec. 6) Eliminates the application of certain inspection and maintenance requirements to persons who transport gas or hazardous liquids. Repeals the requirement of biennial pipeline facility inspections (leaving their frequency to the Secretary's discretion). (Sec. 7) Requires the Secretary to prescribe regulations that establish criteria by which operators of hazardous liquid pipeline facilities and gathering lines shall identify each such facility or line that crosses waters where a substantial likelihood of commercial navigation exists. (Currently, such requirement applies to all navigable waters, regardless of such likelihood.) Requires the Secretary, when identifying an area as unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident, to consider including locations that are critical to drinking water, as well as critical wetlands, national parks, wilderness and wildlife preservation areas, wild and scenic rivers, and critical habitat areas for threatened or endangered species. Repeals the mandate to consider earthquake and landslide zones, freshwater lakes, rivers and waterways, and river deltas and other areas subject to soil erosion or subsidence from flooding. (Sec. 8) Authorizes the Secretary to adopt industry accepted performance standards for the performance of excess flow valves used to protect lines in a natural gas distribution system. (Sec. 9) Repeals the requirement that the Secretary promote the adoption of measures to improve the safety of customer-owned natural gas service lines. (Sec. 10) Redesignates the one-call notification system as the underground facility damage prevention program. Repeals the requirement for criminal penalties in regulations establishing a one-call notification system with respect to the safety of pipeline facilities. (Sec. 11) Requires the Technical Pipeline Safety Standards Committee and the Technical Hazardous Liquid Pipeline Safety Standards Committee to serve as peer review committees. Deems such service to be in compliance with the requirements of other applicable Federal statutes. Requires committee members to be experienced in risk management. Requires at least one of the individuals selected for each committee from the natural gas or hazardous liquid industry and from the general public to have education, background, or experience in risk assessment and cost-benefit analysis. Requires the Secretary, when presenting each committee each standard proposed for transporting gas and hazardous liquid and for gas and hazardous liquid pipeline facilities, to include a risk assessment document and other supporting analyses. Requires each committee to meet with the Secretary at least four times (currently, twice) annually. (Sec. 12) Requires each owner or operator of a natural gas pipeline facility to provide a program for educating the public on the use of an underground facility damage prevention program prior to excavation. Repeals the requirement that persons transporting gas conduct public education programs. (Sec. 13) Authorizes the Secretary to enter into grants and other cooperative agreements with any State, local government, or private entity to carry out pipeline safety programs, including the development, improvement, and promotion of "one-call" damage prevention programs, research, risk assessment, and mapping. (Sec. 14) Deems owners and operators of pipeline facilities who participate in risk management demonstration projects to be in compliance with safety standards or regulatory requirements prescribed under such project. (Sec. 15) Subjects to civil and criminal penalties any person who knowingly and willfully excavates and subsequently damages a pipeline facility and does not report such damage promptly to the operator of the pipeline facility and other appropriate authorities. (Sec. 16) Changes from annual to biennial certain required reports from the Secretary to the Congress concerning gas and hazardous liquid transportation safety requirements. (Sec. 17) Directs the Secretary to make available to the appropriate official of each State the land use recommendations contained in the special report entitled "Pipelines and Public Safety." Requires the evaluation and implementation of recommendations contained in such report. (Sec. 18) Directs the Secretary to analyze and report to the Congress on the assessment of pipeline safety user fees based solely on mileage and the Secretary's determinations with respect to such assessment. (Sec. 19) Prohibits any person from excavating for unauthorized disposal (dumping) of solid waste within the right-of-way of an interstate gas or hazardous liquid pipeline facility. (Sec. 20) Authorizes the Secretary to conduct promotional activities relating to prevention of damage to gas and hazardous liquid pipelines. (Sec. 22) Extends and increases annually through FY 1999 the authorization of appropriations for gas and hazardous liquid pipeline safety programs and activities carried out through the Department of Transportation.
United States · United States Congress · 22 December 1995
Continues existing average fuel economy standards for passenger and non-passenger automobiles until such standards are specifically amended or changed by law.
United States · United States Congress · 20 December 1995
Antimicrobial Pesticide Registration Reform Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to exclude: (1) bacteria from the definition of "fungus"; and (2) liquid chemical sterilant products for use on a critical or semi-critical medical or dental device from the definition of "pesticide." Directs the Administrator of the Environmental Protection Agency to: (1) coordinate data requirements, test protocols, timetables, and standards of review and reduce burdens and redundancy caused to the registrant, whenever data in support of a pesticide registration is requested by one or more State or Federal agencies; and (2) develop a process to identify and assist in alleviating future disparities between Federal and State data requirements. Provides, with respect to the labeling of an antimicrobial pesticide product, that: (1) a registrant may modify the labeling to include relevant information on the product's efficacy, composition, or container or other characteristics unrelated to a pesticidal claim or activity; (2) such labeling shall not be false or misleading or in conflict with statements required as a condition of registration and be substantiated upon request; (3) modifications shall be subject to a notification and approval process; and (4) different cautionary statements for use dilutions may be included in the labeling upon approval of the Administrator. Directs the Administrator, to the maximum extent practicable, to identify and evaluate changes to the process for registration of antimicrobial pesticides that will reduce current time periods for review. Details rulemaking requirements regarding the review of such pesticides. Requires an annual report to the Congress on measures taken to effect such changes. Exempts from applicability of certain FIFRA storage, disposal, transportation, and container requirements household, industrial, or institutional antimicrobial products that are not subject to regulation under the Solid Waste Disposal Act, unless the Administrator determines that their application is necessary to prevent an unreasonable adverse effect on the environment.
United States · United States Congress · 12 December 1995
TABLE OF CONTENTS: Title I: Peanut Price Support and Production Adjustment Program Title II: Peanut Standards Peanut Program Improvement Act - Title I: Peanut Price Support and Production Adjustment Program - Amends the Agricultural Adjustment Act of 1938 to extend peanut program national and farm poundage quota and acreage allotment provisions through crop year 2002. Eliminates seed and includes import considerations in national poundage quota determinations. Sets a minimum 70 percent (of quota support rate) support rate for transferred additional peanuts. (Sec. 102) Revises and extends sale, lease, or transfer of farm poundage quota provisions through crop year 2002. Authorizes acreage allotment transfers to owners or operators within any county of a State. States that fall transfers shall no affect farm quota histories nor poundage quotas. Sets forth provisions for in-State farm poundage quota sales in large-quota States (10,000 tons or greater). (Sec. 103) Extends experimental and research, and marketing penalty provisions through crop year 2002. Applies penalty provisions to reentered (after export) peanut products made from additional peanuts. (Sec. 105) Amends the Agricultural Act of 1949 to revise and extend peanut price support provisions through crop year 2002. Makes peanuts produced outside New Mexico ineligible for New Mexico pools. Revises loss provisions. Subjects imported peanuts to domestic peanut quality standards. Extends marketing assessment provisions (at 1.2 percent) through crop year 2002. Treats imported peanuts as additional peanuts. Includes importers within the definition of "first purchaser." States that marketing assessment funds shall be used to offset the cost of the peanut price support program. (Sec. 107) Suspends specified permanent peanut program provisions. Title II: Peanut Standards - Directs the Secretary of Agriculture to provide for the warehouse inspection and grading of all peanut and peanut products sold in the United States. Requires the separation of imported and domestic peanut lots. Requires: (1) country-of-production labeling; (2) nutritional labeling; and (3)inspection and testing for grade and quality, pesticide residues, and plant diseases.
United States · United States Congress · 16 November 1995
NAFTA Accountability Act - Requires assessment of the impact of the North American Free Trade Agreement (NAFTA), further negotiation of certain NAFTA provisions, and withdrawal from NAFTA unless specified conditions are met and certified to. Sets forth conditions for continuing U.S. participation in NAFTA, which must be met before the end of 1996. Requires the President to renegotiate the terms of NAFTA to correct trade deficits, currency distortions, and agricultural provisions in specified ways. Requires certifications by certain U.S. officials with respect to NAFTA, relating to: (1) gains in U.S. jobs and living standards (by the Secretary of Labor); (2) increased U.S. domestic manufacturing (by the Secretary of Commerce); (3) health and environmental standards, with respect to food imports and to U.S.-Mexico border areas (by the Secretary of Agriculture, the Administrator of the Food and Drug Administration, and the Administrator of the Environmental Protection Agency); (4) flow of illegal drugs from Mexico and Canada (by the Attorney General); and (5) Mexican democracy and human freedoms (by the President). Directs the President to consult regularly with the Congress regarding such negotiations. Directs the U.S. Trade Representative to consult with appropriate congressional committees in developing technical and conforming amendments that may be required to carry out this Act. Expresses the sense of the Congress that until the conditions set by this Act are met: (1) the President should not engage in negotiations to expand NAFTA to include other countries; and (2) fast-track authority should not be renewed with respect to the approval of any such NAFTA expansion.
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 · 20 October 1995
Regulatory Review Act of 1995 - Terminates the effectiveness of certain covered significant rules according to specified timetables unless they are reviewed, according to specified procedures, by the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget (or, in the case of a Federal banking agency, the head of that agency). Defines significant rule as: (1) one that has resulted in, or is likely to result in, an annual effect on the economy of $100 million or more; (2) a major rule; or (3) a rule issued pursuant to a significant regulatory action. Provides for petitions by adversely affected persons, and requests by congressional committees, for sunset review of non-significant rules. Provides for judicial review of denial of such petitions (but not of such congressional requests). Details the criteria for sunset reviews as well as sunset review procedures, termination dates for covered rules, and agency sunset reviews, notices, and reports. Mandates termination: (1) of existing significant rules in four years, five years, six years, or seven years after enactment of this Act, as specified by the Administrator; and (2) of new significant rules either three years or seven years after issuance, depending on specified circumstances. Requires the head of each Federal agency to designate an agency Regulatory Review Officer who shall be responsible for the implementation of this Act and report directly to the agency head and the OIRA Administrator with respect to that responsibility.
United States · United States Congress · 19 October 1995
Repeals a Federal provision limiting salary increases for Federal judges or Supreme Court Justices to those specifically authorized by Act of Congress. Amends the Federal judicial code to make the cost of living adjustments in judicial salaries effective in the first pay period beginning on or after January 1 each year (currently, such adjustments are triggered by General Schedule adjustments).
United States · United States Congress · 17 October 1995
Amends the Judicial Improvements Act of 1990 to provide that the first vacancy in the office of district judge occurring in the western district of Michigan after December 1, 1995, or in each of other specified judicial districts five years or more after the confirmation date of the judge named to fill a temporary judgeship created by such Act, shall not be filled.
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 12 October 1995
TABLE OF CONTENTS: Title I: Repeal of the Public Utility Holding Company Act of 1935 Title II: Enactment of the Public Utility Holding Company Act of 1995 Title III: Conforming Changes to Other Statutes Public Utility Holding Company Act of 1995 - Title I: Repeal of the Public Utility Holding Company Act of 1935 - Repeals the Public Utility Holding Company Act of 1935 (PUHCA). Title II: Enactment of the Public Utility Holding Company Act of 1995 - Declares that this Act does not apply to persons previously exempted from regulations under the PUHCA. Authorizes the Federal Energy Regulatory Commission (FERC) to institute proceedings to terminate any such exemption if termination would be necessary for regulating the rates of a public utility company and for protecting consumers. Empowers FERC to exempt any person or transaction from this title if it finds that regulation of such person or transaction is irrelevant to the rates of a public utility company. Prescribes procedural guidelines for both FERC and State access to holding company records (including subsidiaries and affiliates). Retains the jurisdiction of FERC and State commissions to determine whether a public utility company may recover in rates any costs of affiliate transactions. Grants FERC certain Federal Power Act enforcement powers. Transfers from the Securities and Exchange Commission (SEC) to FERC all resources that relate primarily to the functions vested in FERC by this Act. Expresses the sense of the Congress that all personnel of the Office of Public Utility Regulation of the SEC should be transferred to FERC. Title III: Conforming Changes to Other Statutes - Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines.
United States · United States Congress · 12 October 1995
Designates the Federal Triangle Project under construction at 14th Street and Pennsylvania Avenue, Northwest, in the District of Columbia, as the Ronald Reagan Building and International Trade Center.
United States · United States Congress · 25 September 1995
Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Nuclear Waste Policy Act of 1995. Instructs the Secretary of Energy (the Secretary) to: (1) develop and operate a repository for the permanent geologic disposal of spent nuclear fuel and high-level radioactive waste; (2) accept spent nuclear fuel and high-level radioactive waste by no later than January 31, 1998, at facilities designated pursuant to certain interim storage facility contracts; (3) provide for the transportation of such wastes (including procuring all systems and components necessary to transport such fuel and waste among facilities comprising the Integrated Management System established by this Act); and (4) pursue expeditiously the development of each component of the integrated management system. Establishes an integrated management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Prescribes guidelines under which the Secretary is charged with the development and operation of a rail spur originating in Lincoln County, Nevada, and terminating at the interim storage facility site. Provides for intermodal transfer pending direct rail access. Sets a deadline by which the Secretary must develop the capability to commence rail to truck intermodal transfer at Caliente, Nevada. Requires the Nuclear Regulatory Commission (NRC) to enter into a Memorandum of Understanding with the City of Caliente and Lincoln County, Nevada, to advise the Commission regarding intermodal transfer and to facilitate on-site representation. Prescribes procedural guidelines for the availability by January 31, 1998 of: (1) railroads; (2) transportation planning and requirements; (3) interim storage facilities; (4) permanent disposal; and (5) land withdrawal. Prescribes guidelines for consultation, financial, and technical assistance between the Secretary and the State of Nevada. Instructs the Secretary to: (1) offer the State of Nevada and the affected local governmental entity an opportunity to designate an on-site oversight representative; and (2) offer to enter into separate benefits agreements with the State of Nevada and certain affected Counties concerning the integrated management system. Establishes a Review Panel to advise the Secretary on the integrated management system. Prescribes a fee schedule for electricity generated by civilian nuclear power reactors and spent nuclear fuel used to generate electricity in a civilian nuclear power reactor. Provides that payment of a one-time fee on either spent nuclear fuel used to generate electricity in a civilian nuclear power reactor, or the high- level radioactive waste derived from it, relieves the responsible party from further financial obligation to the Federal Government for its long-term storage or permanent disposal. Sets forth advance contract prerequisites for utilization or production facility license renewals under the Atomic Energy Act of 1954. Continues the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) issue a final rule establishing the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste from atomic energy defense activities and spent nuclear fuel foreign research reactors; and (2) advise the Congress annually of the amount of spent nuclear fuel and high-level radioactive waste from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Prescribes a prioritization scheme for the allocation of funds: (1) to components of the integrated management system; and (2) from the Nuclear Waste Fund. States that actions authorized by this Act shall be governed solely in accordance with the provisions of specified statutes. Grants the United States courts of appeals original and exclusive jurisdiction over civil actions under this Act. Prescribes guidelines for NRC licensing hearings. Prohibits the Secretary from conducting site-specific activities for a second repository unless the Congress has specifically authorized and appropriated funds therefor. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear power plant personnel. Delineates an acceptance schedule for contract holders' spent nuclear fuel and high-level radioactive waste. Proscribes: (1) subseabed or ocean water disposal of spent nuclear fuel or high-level radioactive waste; and (2) any obligation of funds for any such related activity. Continues the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take action as necessary to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. States that the program is not subject to civil service regulations. Abolishes the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. Requires the Secretary to present annual schedule and timeline status reports to the Congress. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; (2) employ, on an on-going basis, integrated performance modeling regarding site characterization; and (3) report an action plan (and annual updates) to the Congress regarding implementation of this Act and development of the Integrated Waste Management System.
United States · United States Congress · 13 September 1995
Amends the Federal Crop Insurance Act to authorize the Secretary of Agriculture to provide supplemental crop disaster assistance if the Secretary determines that insufficient assistance was provided and that extraordinary circumstances exist.
United States · United States Congress · 8 September 1995
Iran Foreign Oil Sanctions Act of 1995 - Directs the President to impose certain twelve-month economic sanctions against foreign persons who, with requisite knowledge, export goods or technology that would contribute to Iran's ability to extract, refine, produce, store, or transport petroleum or natural gas products. Waives the requirements of this Act if the President certifies to the appropriate congressional committees that Iran has: (1) substantially improved its adherence to internationally recognized standards of human rights; (2) ceased its efforts to develop or acquire a nuclear explosive device, chemical or biological weapons, or missiles or related delivery systems; and (3) ceased support for acts of international terrorism. Sets forth additional criteria for such a waiver. Directs the President to establish a List of Petroleum and Natural Gas-Related Goods and Technology which shall be subject to the export control restrictions of this Act. Requires the President to report periodically to the appropriate congressional committees on Iran's: (1) nuclear and other military capabilities; and (2) support, if any, for acts of international terrorism.
United States · United States Congress · 8 September 1995
TABLE OF CONTENTS: Title I: Cotton Title II: Peanuts Title III: Oilseeds Title IV: General Commodity Provisions Subtitle A: Amendments to Agricultural Act of 1949 Subtitle B: Miscellaneous Commodity Provisions Subtitle C: Application Southern Agricultural Act of 1995 - Title I: Cotton - Amends the Agricultural Act of 1949 (Act) to extend: (1) upland cotton loan, payment, and acreage reduction programs; (2) the extra long staple cotton program; and (3) the cottonseed and cottonseed oil price support program. Title II: Peanuts - Amends the Agricultural Adjustment Act of 1938 to suspend peanut marketing quota and acreage allotment provisions. Extends provisions regarding: (1) poundage quotas (eliminates the special Texas allocation); (2) poundage quota sale, lease, or transfer; and (3) experimental and research programs. Title III: Oilseeds - Amends the Act to extend oilseed and soybean loan and payment provisions. Title IV: General Commodity Provisions - Subtitle A: Amendments to the Agricultural Act of 1949 - Amends the Act to extend authority for: (1) supplemental set-asides and acreage limitations; (2) deficiency and land diversion payments; (3) established price and price support adjustments; (4) optional program participation; and (5) acreage base and payment yields. Subtitle B: Miscellaneous Commodity Provisions - Amends the Food Security Act of 1985 to extend payment limitation authority. Amends the Food and Agriculture Act of 1977 to extend normally planted acreage and target price provisions. Amends the Options Pilot Program of 1990 to extend the options pilot program. Amends the Agriculture and Food Act of 1981 to extend authority for the National Agricultural Cost of Production standards Review Board. Subtitle C: Application - Sets forth application provisions for amendments made by this Act.
United States · United States Congress · 11 August 1995
Freedom and Human Rights for the Enclaved People of Cyprus Act - Directs the President to establish U.S. efforts to: (1) inform the United Nations, foreign governments, and appropriate Federal departments and agencies of the freedom and human rights restrictions on the enclaved people of Cyprus; (2) enlist the United Nations and foreign governments in efforts to end such restrictions; (3) establish U.S. Government programs of assistance to the people of Cyprus and efforts for the elimination of the restrictions; and (4) use funds allocated to the government or ethnic community participating in the imposition of such restrictions on the promotion of freedom and human rights for the people of Cyprus, or in the absence of such funds, establish a foreign assistance program for them. Requires the President to direct the U.S. representative to the United Nations to: (1) urge the U.N. High Commissioner for Refugees to address and solve the plight of those enclaved on Cyprus; and (2) call upon the U.N. Human Rights Commissioner to investigate their plight and implement appropriate corrective action.
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 · 9 August 1995
Anticounterfeiting Consumer Protection Act of 1995 - Makes the following predicate offenses under the Racketeer Influenced and Corrupt Organizations Act: (1) trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging, and copies of motion pictures or other audiovisual works; (2) criminal copyright infringement; (3) trafficking in goods or services bearing counterfeit marks; and (4) interstate transportation of stolen property. (Sec. 4) Extends existing prohibitions and penalties to trafficking in counterfeit labels affixed or designed to be affixed to copies of a computer program or computer program documentation or packaging. (Sec. 5) Requires the Attorney General to include in a report to the Congress, on a district by district basis, certain statistical information relating to criminal counterfeiting actions involving trafficking in counterfeit labels, criminal copyright infringement, and trafficking in goods or services bearing counterfeit marks. (Sec. 6) Directs the court to order that service of a copy of an order with respect to the seizure of counterfeit goods be made by a Federal, State, or local law enforcement officer (currently, by a U.S. marshal or other law enforcement officer). (Sec. 7) Authorizes the plaintiff to recover specified statutory damages as an alternative to actual damages in cases involving the use of counterfeit trademarks. (Sec. 8) Repeals a provision permitting the re-export of articles seized as violating copyright provisions. (Sec. 9) Amends the Tariff Act of 1930 to: (1) require that all counterfeit merchandise seized be destroyed unless the trademark owner consents to some other disposition and the merchandise is not a threat to health or safety; (2) set civil penalties for any person who is in any way involved in the importation of counterfeit merchandise for sale or public distribution; (3) extend existing manifest disclosure requirements to information found in aircraft manifests; and (4) direct the Secretary, in prescribing regulations governing the content of entry documentation, to require that such documentation contain information necessary to determine whether the imported merchandise bears an infringing trademark. (Sec. 13) Revises the definition of "contraband" to include: (1) a counterfeit label for a phonorecord, computer program or documentation, or packaging or copy of a motion picture or other audiovisual work; (2) a phonorecord or copy in violation of criminal copyright infringement provisions; or (3) any good bearing a counterfeit mark.
United States · United States Congress · 3 August 1995
Prohibits any judicial officer from being held liable under the Federal criminal code or provisions regarding proceedings in vindication of civil right for costs, including attorney's fees, in any action brought against such officer for an act or omission taken in such officer's judicial capacity, unless such action was clearly in excess of that officer's jurisdiction. Prohibits the granting of injunctive relief in any civil action for deprivation of rights brought against a judicial officer for an act or omission taken in such officer's judicial capacity unless a declaratory decree was violated or declaratory relief was unavailable.
United States · United States Congress · 1 August 1995
TABLE OF CONTENTS: Title I: Criminal Law Title II: Judicial Financial Administration Title III: Judicial Process Improvements Title IV: Judiciary Personnel Administration, Benefits, and Protections Title V: Federal Courts Study Committee Recommendations Title VI: Criminal Justice Amendments Title VII: Places of Holding Courts Title VIII: Miscellaneous Federal Courts Improvement Act of 1995 - Title I: Criminal Law - Amends the Federal criminal code to authorize probation and pretrial services officers, if approved by the district court, to carry firearms under such rules as the Director of the Administrative Office of the United States Courts may prescribe. (Sec. 102) Authorizes any U.S. judge or magistrate, when ordering a person released on a condition of his subsequent appearance before that court or any Federal court in another judicial district in which criminal proceedings are pending, to direct the U.S. marshal to arrange or furnish: (1) transportation expenses to enable a defendant who is financially unable to provide transportation to get to the place where his appearance is required, to consult with his attorney, or to return to the place of his arrest or bona fide residence; and (2) lodging and subsistence expenses during the defendant's travel to his destination during any proceedings at which an appearance is required or while consulting with counsel, not to exceed the amount authorized as a per diem travel allowance. (Sec. 103) Amends the Contract Services for Drug Dependent Federal Offenders Treatment Act of 1978 to reauthorize appropriations. Title II: Judicial Financial Administration - Amends the Federal judicial code to provide that in FY 1995 and each fiscal year thereafter a specified amount shall be transferred annually to the judiciary into a special fund of the Treasury (special fund) for specified expenses incurred in: (1) adjudication of civil and criminal forfeiture proceedings; (2) representation of offenders whose assets have been seized in forfeiture proceedings; and (3) supervision by U.S. probation officers of offenders under home detention or other forms of confinement outside of Bureau of Prisons facilities. (Sec. 202) Increases: (1) the fee for filing a civil action; and (2) the amount taken from such fees, or as part of a judgment for costs, to be deposited into the special fund. (Sec. 203) Provides that: (1) beginning in FY 1995 and each fiscal year thereafter, of each fee collected for admission of an attorney to practice, $30 of that portion of the fee exceeding $20 shall be deposited into the special fund; and (2) any portion exceeding five dollars of the fee for a duplicate certificate of admission or certificate of good standing shall be deposited into the special fund. (Sec. 204) Directs that, upon an election by a bankruptcy judge or magistrate judge, all of the accrued employer contributions and accrued interest on those contributions made on behalf of the bankruptcy judge or magistrate judge to the Civil Service Retirement and Disability Fund shall be transferred to the special fund, with exceptions. (Sec. 205) Sets forth provisions regarding: (1) the use of unclaimed funds deposited in court; and (2) interpreter performance examination fees. Title III: Judicial Process Improvements - Amends the Federal judicial code to expand the duties of a magistrate on an emergency assignment. (Sec. 302) Authorizes: (1) only a person charged with a misdemeanor that is not a petty offense to elect to be tried before a judge of the district court for the district in which the offense was committed; and (2) the magistrate judge, in a petty offense case involving a juvenile, to exercise powers granted to the district court. Prohibits a magistrate judge from proceeding to try a case unless specified conditions are met. (Sec. 303) Sets forth provisions regarding: (1) removal of cases under the Employee Retirement Income Security Act; (2) elimination of in-State plaintiffs in diversity jurisdiction cases; and (3) extension of statutory authority for magistrate judge positions to be established in the district courts of Guam and the Northern Mariana Islands. (Sec. 306) Repeals a provision authorizing any civil action, not of a local nature, against defendants residing in different districts in the same State to be brought in any of such districts. (Sec. 307) Specifies that a judgment in an action for the recovery of money or property entered in any court of appeals, bankruptcy court, or in the Court of International Trade, as well as any district court, may be registered by filing a certified copy of the judgment, subject to specified requirements. (Sec. 308) Provides that: (1) when the office of clerk of court is vacant, the deputy clerks shall perform the duties of the clerk in the name of the last person who held that office; and (2) when the clerk is incapacitated, absent, or otherwise unavailable to perform official duties, the deputy clerks shall perform such duties. Authorizes the court to designate a deputy clerk to act temporarily as clerk of the court. Repeals a provision allowing the compensation of a deceased Supreme Court clerk to be paid to his personal representatives until his successor is appointed and qualifies. (Sec. 309) Increases the threshold amount in controversy (from $50,000 to $75,000) to qualify for diversity of citizenship jurisdiction. Provides for annual increases in that amount based on the percent change in the Consumer Price Index, effective January 1, 2000. Title IV: Judiciary Personnel Administration, Benefits, and Protections - Amends Federal judicial retirement provisions to list age and service requirements for retaining office but retiring from regular active service for persons age 60 through 64. (Sec. 402) Authorizes: (1) retroactive credit for resumption of a significant workload by a judge under specified circumstances; and (2) aggregation by a justice or judge for partial years worked. (Sec. 403) Revises provisions regarding: (1) the contribution rate for senior judges under the judicial survivors' annuities system; (2) the refund of contributions for deceased deferred annuitants under the judicial survivors' annuities system; (3) disability retirement and cost-of-living adjustments of annuities for territorial judges; (4) Federal Judicial Center personnel compensation; and (5) creditable service for judicial administrative officials' retirement. (Sec. 408) Amends the Bankruptcy Amendments and Federal Judgeship Act of 1984 to provide that: (1) when filling vacancies, the court of appeals may consider reappointing incumbent bankruptcy judges under specified procedures; and (2) all incumbent nominees seeking reappointment may be considered for such a reappointment, pursuant to a majority vote of the judges of the appointing court of appeals under such procedures. (Sec. 409) Authorizes a judicial officer of the United States to carry firearms under regulations promulgated by the Judicial Conference. Grants immunity to any such officer who possesses or uses a firearm carried under the authority of this section and such regulations from any civil suit arising out of such possession or usage to the maximum extent provided by common law. (Sec. 410) Provides that the first vacancy in the office of district judge in each of specified judicial districts, except the Western District of Michigan, occurring five years or more after the confirmation date of the judge named to fill a temporary judgeship created by this Act, shall not be filled. (Sec. 411) Amends the Federal judicial code to consider a court reporter to be a full-time employee during any pay period for which the reporter receives a salary at the annual salary rate fixed for a full-time reporter. (Sec. 412) Repeals a provision barring from jury service members of fire and police departments and public officers actively engaged in the performance of official duties. (Sec. 413) Expands workers' compensation coverage for jurors to cover traveling to or from the courthouse pursuant to a jury summons or sequestration order, or as otherwise necessitated by court order. (Sec. 414) Authorizes: (1) the Director of the Administrative Office to pay a claim by a person summoned to serve or serving as a grand juror or petit juror for loss of, or damage to, personal property that occurs incident to that person's performance of duties; and (2) the presiding judicial officer to appoint a certified or otherwise qualified sign language interpreter to provide services to a participant in a judicial proceeding upon determining that such participant suffers from a hearing impairment. (Sec. 416) Includes the Northern Mariana Islands within the ninth judicial circuit. (Sec. 417) Makes provisions regarding annual and sick leave of Federal employees applicable to positions in the judicial branch designated as court unit executive positions by the Judicial Conference. Title V: Federal Courts Study Committee Recommendations - Amends the Federal judicial code to revise bankruptcy provisions to allow a bankruptcy judge to hear a proceeding that is not a core proceeding but that is otherwise related to a case under title 11. Directs the bankruptcy judge, in such proceeding, to submit proposed findings of fact and conclusions of law to the district court. Directs that any final order or judgment be entered by the district judge after considering the bankruptcy judge's proposed findings and conclusions and after reviewing de novo those matters to which any party has timely and specifically objected. Specifies that: (1) a party shall be deemed to consent to the findings of fact and conclusions of law submitted by a bankruptcy judge unless the party files a timely objection; and (2) if a timely objection is not filed, the proposed findings of fact and conclusions of law submitted by the bankruptcy judge shall become final and the bankruptcy judge shall enter an appropriate order thereon. (Sec. 502) Amends the National Labor Relations Act to authorize the National Labor Relations Board, if any person violates a final order issued by the Board with respect to an unfair labor practice, to petition any U.S. district court in which the practice occurred, or in which such person resides or transacts business, for imposition of a monetary penalty not to exceed $5,000 for each day such person violates the order. Grants the district courts jurisdiction to impose such penalty. (Sec. 503) Amends the Federal judicial code to require the chief judge of the Court of International Trade to be the judge of the court in regular active service who is senior in commission of those judges who: (1) are 64 years of age or under; (2) have served for one year or more as a judge of the court; and (3) have not served previously as chief judge. Sets forth provisions regarding the precedence of judges in acting as chief judge. (Sec. 504) Repeals a provision prohibiting the obligation or expenditure of funds to increase the salary of any Federal judge or U.S. Supreme Court justice, except as specifically authorized by Act of the Congress. Title VI: Criminal Justice Amendments - Amends the Federal criminal code to require that a Federal defender organization be established for any district, part of a district, or combination of districts in which more than 200 persons annually require the appointment of counsel, or where the Judicial Conference determines that: (1) such an organization would be cost effective; or (2) the interests of effective representation otherwise require establishment of such an organization. Authorizes two adjacent districts or parts of districts to establish a defender organization to serve both areas. (Sec. 602) Permits the plan for any district which has not established a Federal defender organization to provide for the establishment of a panel attorney support office to assist the court in managing the panel of attorneys who provide representation pursuant to such plan. Requires such office to provide advice to appointed counsel, maintain a list of members of the panel, review vouchers for compensation before submission to judicial officers for approval, coordinate training of members of the panel, and perform any other duties in administering the plan for the district which the court may delegate. Requires the district court to appoint an administrator to direct such office. Specifies that: (1) the Administrator may be employed on a part-time or full-time basis and may appoint such number of employees as may be approved by the Director of the Administrative Office; and (2) such employees shall be subject to removal by the Administrator. (Sec. 603) Provides for the Judicial Conference to determine: (1) compensation for attorneys appointed by the court; and (2) maximum amounts of compensation for services other than counsel. (Sec. 605) Specifies that the services of paralegals and qualified law students shall be compensated or reimbursed at hourly rates established by the Judicial Conference. (Sec. 606) Amends the Federal judicial code to make provisions of the Tort Claims Act applicable to any claim for money damages for injury, loss of liberty, loss of property, or personal injury or death arising from malpractice or negligence of an officer or employee of a Federal Public Defender Organization in furnishing representational services. Title VII: Places of Holding Court - Amends the Federal judicial code to: (1) direct that court for the Southern District of New York be held at New York and White Plains (as under current law) and in the Middletown-Wallkill area of Orange County or in an appropriate nearby location, and that court for the Sherman Division of the Eastern District of Texas be held at Sherman (as under current law) and Plano; and (2) authorize the Texarkana Divisions of the Western Division of Arkansas and the Eastern Division of Texas to be held anywhere within the Federal courthouse in Texarkana that is located astride the Texas-Arkansas State line. Title VIII: Miscellaneous - Makes technical amendments relating to: (1) the selection of district judges to attend the annual judicial conference; (2) the Director and Deputy Director of the Administrative Office as Federal officers; (3) the filing of a notice of removal of a criminal proceeding from a State court; and (4) Federal Judicial Center retirement provisions.
United States · United States Congress · 18 July 1995
Amends the National Trails System Act to designate the route from Selma to Montgomery, Alabama (traveled during March 1965 to dramatize the need for voting rights legislation), as a National Historic Trail.
United States · United States Congress · 30 June 1995
Farm Credit System Regulatory Relief Act of 1995 - Amends the Farm Credit Act of 1971 to extend the length of time between required Farm Credit Administration examinations of Farm Credit System (FCS) institutions. (Sec. 5) Directs the Farm Credit System Insurance Corporation (FCSIC) to allocate Farm Credit Insurance Fund excess interest earnings to FCS banks. (Sec. 6) Requires FCSIC to implement the least-cost alternative, including liquidation, in providing assistance to troubled FCS banks. (Sec. 8) States that FCSIC may not act as conservator or receiver of a FCS institution. (Sec. 9) Grants FCSIC exclusive authority to examine a FCS institution whose charter has been canceled. (Sec. 10) Sets forth specified FCSIC oversight and regulatory authority, including regulation of golden parachute and indemnification payments. (Sec. 11) Permits FCS associations to establish administrative service entities. (Sec. 12) Sets forth specified requirements for secondary market loan sales, including borrowers' rights. (Sec. 13) Revises certain paperwork, private sector certification, and operating provisions.
United States · United States Congress · 20 June 1995
George Washington Commemorative Coin Act - Requires the Secretary of Treasury to mint and issue five-dollar gold coins emblematic of George Washington. Mandates that the design for the coins shall be: (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Provides for the distribution of coin sale surcharges to the Mount Vernon Ladies' Association.
United States · United States Congress · 12 June 1995
Amends the Federal criminal code to provide for drug testing of urine, hair, or blood (current law provides for urine testing) with regard to conditions of probation, supervised release, parole, and residential substance abuse treatment for prisoners.
United States · United States Congress · 6 June 1995
TABLE OF CONTENTS: Title I: Commemorative Coin Programs Title II: National Law Enforcement Officers Memorial Maintenance Fund United States Commemorative Coin Act of 1995 - Title I: Commemorative Coin Programs - Requires the Secretary of the Treasury to mint and issue gold and-or silver coins: (1) emblematic of the Bicentennial of the United States; (2) to commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman; (3) to commemorate the 150th anniversary of the founding of the Smithsonian Institution; (4) to commemorate the public opening of the Franklin Delano Roosevelt Memorial in Washington, D.C.; (5) to commemorate the 125th anniversary of the establishment of Yellowstone National Park as the first National Park in the United States; and (6) to recognize the sacrifices of law enforcement officers and their families in preserving public safety. Provides for the distribution of surcharges from the sale of coins. (Sec. 102) Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the appropriate recipient organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Title II: National Law Enforcement Officers Memorial Maintenance Fund - Establishes the National Law Enforcement Officers Memorial Maintenance Fund as a revolving fund administered by the Secretary of the Interior to be used for specified purposes, including: (1) for the maintenance, security, and repair of the National Law Enforcement Officers Memorial in Washington, D.C.; (2) to periodically add to the Memorial the names of law enforcement officers who have died in the line of duty; and (3) to provide educational scholarships to the immediate family members of law enforcement officers killed in the line of duty whose names appear on the Memorial.
United States · United States Congress · 5 June 1995
Church Retirement Benefits Simplification Act of 1995 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.
United States · United States Congress · 25 May 1995
Wetlands Regulatory Reform Act of 1995 - Amends the Federal Water Pollution Control Act to establish a procedure whereby a person who holds an ownership interest in property, or who has written authorization from such a person, may request the Secretary of the Army to determine whether the property contains U.S. waters, and if so, whether any portion of the waters is wetland and its classification. Directs the Secretary to establish a program under which persons other than Federal employees may be certified to make such determinations. Prohibits the discharge of dredged or fill material into U.S. waters or the draining, channelization, and excavation of U.S. waters that would significantly degrade any U.S. waters unless such activity is undertaken pursuant to a permit issued by the Secretary. Sets forth provisions regarding: (1) extensions; and (2) failure by the Secretary to issue a decision. Requires the Secretary to: (1) issue regulations which shall include standards for the issuance of permits for activities in U.S. waters that are wetland; and (2) consult with the Administrator of the Environmental Protection Agency regarding whether such an activity would have an unacceptable adverse impact on water quality, municipal water supplies, shellfish beds or fishery areas, or wetland-dependent wildlife. Exempts an activity in U.S. waters from the permit requirement if the activity results from a normal farming, silviculture, aquaculture, or ranching activity, or an upland soil and water conservation practice, or is for the purpose of maintenance, and under other specified circumstances. Specifies that such an activity shall not be prohibited or otherwise subject to the permit requirement regarding an approved State permit program if: (1) information on the effects of the activity is included in an environmental impact statement (EIS) for the project; and (2) such EIS has been submitted to the Congress before the activity is carried out in connection with project construction and prior to project authorization or appropriation of funds for the construction. Directs the Secretary, after notice and opportunity for public comment, to issue regulations for the delineation of "wetland." Requires such regulations to provide for such designation if specified conditions are met, including that, in the case of nontidal wetland, water is on or above the surface of the ground for at least 21 consecutive days during the growing season in a year of normal rainfall. Requires the Secretary to classify as: (1) Class A wetlands those that are of critical significance to the long-term conservation of the aquatic system and that meet other specified conditions; (2) Class B wetlands those that provide habitat for a significant population of wildlife or provide other significant wetland functions; and (3) Class C wetlands those that serve marginal functions but exist in such abundance that regulation is not necessary to conserve wetlands functions, are within an intensely developed area, or are located behind a legally constructed manmade structure or natural formation. Provides for the regulation of: (1) Class A wetland based on a sequential analysis that seeks to avoid adverse impacts on wetlands, to minimize the adverse impacts which cannot be avoided, and to mitigate any adverse impacts that cannot be avoided or minimized; (2) Class B wetland under a test that balances the reasonably foreseeable benefits and detriments resulting from the issuance of the permit; and (3) Class C wetland only by the State government at its discretion. Authorizes the Secretary to issue a general permit on a State, regional, or nationwide basis for any activities in U.S. waters for which a permit would otherwise be required upon determining that the activities will cause only minimal or temporary adverse environmental impacts when performed separately, and will cause only minimal cumulative adverse environmental impacts. Sets forth provisions regarding: (1) Alaska native and State of Alaska lands; (2) interagency cooperation; (3) permit compliance; (4) cranberry production; (5) violations (including civil actions by the Secretary and civil and criminal penalties); and (6) administrative appeals. Directs the Secretary to: (1) issue regulations for the establishment, use, maintenance, and oversight of mitigation banks; (2) provide appropriate regulatory relief regarding regulations issued for each activity in U.S. waters that has as the primary purpose to restore degraded wetland; and (3) establish a registry of wetland that has been created or restored voluntarily in an area that, prior to the creation or restoration, did not contain U.S. waters and therefore was not subject to regulation. Sets forth provisions regarding: (1) State permit programs; (2) requirements that information be made available to the public regarding the designation of wetlands; (3) certification requirements; (4) State authority to control activities in U.S. waters; (5) balanced implementation of the Act to achieve specified objectives; and (6) transition provisions.
United States · United States Congress · 24 May 1995
Grants the consent of the Congress to the amendment to articles I, II, and III of the Historic Chattahoochee Compact between Alabama and Georgia which: (1) provide that the purpose of the Compact is to promote the cooperative development of the Chattahoochee valley's full potential for historic preservation and tourism; (2) make such Compact effective immediately as to the States ratifying it whenever Alabama and Georgia have ratified it and the Congress has given its consent; and (3) permit the two States to establish a joint agency to be known as the Historic Chattahoochee Commission.
United States · United States Congress · 19 May 1995
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
United States · United States Congress · 11 May 1995
Minor Use Crop Protection Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, 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.
United States · United States Congress · 9 May 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, tissue residue studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Directs the Secretary of Health and Human Services to consider the following issues when a new animal drug contains more than one active ingredient, or the labeling of the drug suggests use of the drug in combination with another animal drug: (1) whether any active ingredient or any combination of drugs alters the safe concentration of another of the active ingredients or drugs in the combination; (2) whether each of the active ingredients or drugs in the combination have been shown to contribute to the same intended effect; and (3) whether each of the active ingredients or drugs in the combination has an identified target population for which dosing with the active ingredients or combination represents appropriate concurrent therapy. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence"; (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; (3) provide for a conference to make a decision establishing a submission or an investigational requirement; and (4) define the kinds of evidence an applicant may use to establish the contribution of each active ingredient and to establish the appropriateness of concurrent therapy in a new animal drug, or new animal drug used in combination with another drug. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
United States · United States Congress · 9 May 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it is U.S. policy that: (1) Jerusalem should be recognized as the capital of the State of Israel; and (2) construction of the U.S. Embassy in Jerusalem should begin no later than December 31, 1996, and officially open no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1997 and 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the respective fiscal year until the Secretary of State determines, and reports to the Congress, that (for FY 1997) such construction has begun and that (for FY 1999) the Embassy has opened. Limits the availability of specified amounts of such funds in certain fiscal years until they are expended for: (1) costs associated with relocating the U.S. Embassy to Jerusalem; and (2) the costs for its construction. 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 · 26 April 1995
Reaffirms that: (1) the status quo on Cyprus is unacceptable; and (2) all foreign troops should be withdrawn. Welcomes the appointment of a Special Presidential Emissary for Cyprus. Expresses continued support for efforts by the United Nations (UN) Secretary General and the U.S. Government to resolve the Cyprus problem. Insists that all parties to the dispute agree to seek a solution based upon relevant UN resolutions. Supports demilitarization of Cyprus. Encourages the UN Security Council and the U.S. Government to consider alternative approaches to promote a resolution of the dispute based upon relevant Security Council resolutions.
United States · United States Congress · 6 April 1995
Child Labor Deterrence Act of 1995 - Urges the President to seek an agreement with governments that trade with the United States to secure an international ban on trade in products of child labor (commercial exploitation of children under 15). Requires the Secretary of Labor (Secretary) to identify foreign countries that: (1) do not comply with national laws that prohibit child labor in the workplace; (2) utilize child labor in the export of products; and (3) have on a continuing basis exported such products to the United States. Authorizes any person to file a petition with the Secretary requesting that a particular foreign industry and its host country be identified. Requires the Secretary, before making such identification, to: (1) consult with the U.S. Trade Representative, the Secretary of State, the Secretary of Commerce, and the Secretary of the Treasury; (2) hold at least one public hearing for public comment; and (3) publish notice in the Federal Register, inviting public comment, that such identification is being considered. Prohibits the importation of products which have been produced by child labor. Sets forth civil and criminal penalties. Authorizes appropriations for a U.S. contribution to: (1) the International Labor Organization for the activities of the International Program on the Elimination of Child Labor; and (2) the United Nations Commission on Human Rights for those activities relating to bonded child labor that are carried out by the Subcommittee and Working Group on Contemporary Forms of Slavery.
United States · United States Congress · 6 April 1995
Prostate Cancer Diagnosis and Treatment Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support prostate cancer health services and screening and treatment procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.
United States · United States Congress · 4 April 1995
Designates April 5, 1995, as National 4-H Day. Commends the 4-H Youth Development Program and the children and volunteers who have made the Program a success.
United States · United States Congress · 30 March 1995
TABLE OF CONTENTS: Title I: Reductions in Government Overregulation Subtitle A: The Home Mortgage Process Subtitle B: Amendments to the Community Reinvestment Act of 1977 Subtitle C: Payment of Interest Act Title II: Streamlining Government Regulation Subtitle A: Eliminating Unnecessary Regulatory Requirements and Procedures Subtitle B: Eliminating Unnecessary Costs and Paperwork Burdens Subtitle C: Eliminating Unnecessary Reporting Requirements Subtitle D: Regulatory Micromanagement Title III: Regulatory Impact on Cost of Credit and Credit Availability Subtitle A: Lowering Compliance Costs to Promote Credit Availability Subtitle B: Disincentives to Risk-Taking Subtitle C: Miscellaneous Nonsupervisory Reforms Economic Growth and Regulatory Paperwork Reduction Act of 1995 - Title I: Reductions in Government Overregulation - Subtitle A: The Home Mortgage Process - Part I: Regulatory Simplification and Uniformity - Amends the Truth in Lending Act (TLA) and the Real Estate Settlement Procedures Act (RESPA) to require the Board of Governors of the Federal Reserve System (the Board) to: (1) eliminate, modify, or simplify disclosure requirements if such action results in uniformity with other statutory disclosure requirements relating to credit transactions; and (2) proscribe imposition of any disclosure requirement unless its effect is to eliminate, modify, or simplify any disclosure required under this Act. (Sec. 103) Exempts from TLA disclosure requirements transactions that the Board determines: (1) are not necessary to effectuate its purposes; or (2) do not provide a measurable benefit in the form of useful information or consumer protection. (Sec. 104) Amends RESPA to repeal requirements that: (1) a federally related mortgage lender disclose to a mortgage loan applicant the servicing of any such mortgages the lender has assigned, sold or transferred during the most recent three calendar years; and (2) a lender that does not service federally related loans similarly disclose any intention to assign, sell or transfer such servicing. Repeals the mandate for model disclosure statements. Excises from the definition of "federally related mortgage loan" any loan secured by a subordinate lien on residential real property (thereby removing second mortgages from RESPA requirements). Directs the Board to ensure that regulations pertaining to the business credit exemption from RESPA jurisdiction include all business credit exempted from the TLA. Part II: Clarifications to Reduce Costs and Regulatory Burdens - Amends the TLA to exempt from its disclosure requirements any credit transactions involving consumers with an annual earned income of more than $200,000 or having net assets in excess of $1,000,000 at the time of the transaction. (Sec. 112) Revises disclosure requirements for adjustable rate home mortgages to permit as an alternative to the currently required table illustration, a statement that a monthly payment may increase or decrease significantly due to annual percentage rate increases. Grants creditors the option of disclosing, in any variable interest rate residential mortgage transaction that is not an open end credit plan, either a statement that the monthly payment may change substantially, or an historical example illustrating the effects of interest rate changes implemented according to the loan program. (Sec. 113) Excludes from the determination of the finance charge for any consumer credit transaction fees imposed by third party closing agents (including settlement agents, attorneys, escrow and title companies) that are neither expressly required nor retained by the creditor (thereby exempting such amounts from TLA disclosure requirements). Exempts from the computation of a finance charge, if they are otherwise itemized and disclosed, certain: (1) taxes on security instruments or evidences of indebtedness; and (2) fees for preparation of loan-related documents and attending or conducting settlement. (Sec. 114) Exempts from the right of rescission certain refinancings or consolidations of debt that are secured by a lien on a consumer's principal dwelling. (Sec. 115) Permits finance charge disclosures for certain consumer credit transactions secured by real property or a dwelling to vary within an accuracy tolerance range of $100. Sets guidelines for per diem interest rate disclosures consumer credit transactions. (Sec. 116) Shields a creditor or assignee from liability in connection with disclosures of: (1) certain fees and charges; and (2) finance charges that fall within certain statutory tolerance limits. (Sec. 117) Modifies the guidelines delimiting an obligor's period of rescission to preclude a consumer from asserting rescission in any action after the earlier of: (1) expiration of the three-year period beginning on the transaction consummation date; or (2) the date of the sale of the property securing an extension of credit. (Sec. 118) Modifies assignee liability guidelines to provide that a violation is apparent on the face of the disclosure statement if the disclosure does not use the format required by law. Prescribes guidelines under which the servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as the assignee of such obligation. (Sec. 119) Repeals the bona fide personal financial emergency condition placed upon exercise of the Board's authority to modify or waive rescission rights arising from a consumer credit transaction. Subtitle B: Amendments to the Community Reinvestment Act of 1977 - Amends the Community Reinvestment Act of 1977 (CRA) to prohibit the appropriate Federal regulatory agency, in the course of examining a financial institution, from imposing recordkeeping or reporting requirements that do not have the effect of eliminating, streamlining, or reducing regulatory burdens upon such institution. (Sec. 132) Exempts small-sized banks with total assets under $250 million from CRA jurisdiction. (Sec. 133) Prescribes guidelines under which each appropriate Federal regulatory agency shall: (1) publish its examination schedule; and (2) provide opportunity for community comment. Authorizes the agency to reconsider, upon request, the rating of an institution. (Sec. 134) Defines a "special purpose bank" as one that does not generally accept deposits from the public in amounts less than $100,000, such as a credit card bank or a trust bank. Mandates that, in assessing the record of special purpose banks in meeting community credit needs, the appropriate Federal regulatory agency: (1) take into consideration the nature of the businesses of such banks; and (2) develop standards under which they may be deemed to comply with CRA requirements consistent with the specific nature of such businesses. Requires the agency, in assessing any financial institution, to give positive consideration to investments and loans made by such institutions that provide benefits to distressed communities, regardless of whether or not the communities are located within the service area of the financial institution. Subtitle C: Payment of Interest Act - Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to retitle the Truth in Savings Act as the "Payment of Interest Act". Repeals: (1) the finding of the Congress that uniform disclosure of interest and fees charged on consumer deposit accounts strengthens consumer ability to make informed decisions and verify deposit accounts; and (2) the stated purpose of the Truth in Savings Act requiring clear, uniform disclosure of interest rates payable on deposit accounts and the fees assessable against them. Declares instead that: (1) the Truth in Savings Act created unnecessary paperwork, compliance, and liability burdens for depository institutions without enhancing consumer ability to make informed decisions; and (2) the purpose of the Payment of Interest Act is to repeal unnecessary disclosure requirements while retaining the requirement that interest be paid on the full amount of principal in the account for each day of the stated calculation period at the interest rate disclosed by the depository institution. Repeals: (1) the uniform disclosure requirements for interest rates and fees, including annual percentage yields, minimum account and time requirements, and interest penalties; and (2) the proscription against misleading descriptions of free or no-cost accounts, and misleading or inaccurate advertisements. Repeals current law that a depository institution: (1) maintain and distribute a schedule of fees, interest rates, and account restrictions written in readily understood format for each class of accounts being offered; (2) notify account holders of any changes in the schedule; and (3) clearly and conspicuously disclose with each periodic statement to account holders the annual percentage yield earned, the amount of interest earned, the amount of fees or charges imposed, and the number of days in the reporting period. Repeals civil liability guidelines governing class actions. Modifies depository institution liability regarding: (1) notification and adjustment for errors; and (2) continuing and subsequent depository institution failure to pay interest. Title II: Streamlining Government Regulation - Subtitle A: Eliminating Unnecessary Regulatory Requirements and Procedures - Amends the Bank Holding Company Act of 1956 (BHCA) to set forth financial and managerial criteria under which an acquisition of shares by a bank holding company, or a merger or consolidation between registered bank holding companies, shall be deemed to be approved. (Current law requires prior Board approval). (Sec. 202) Amends the Federal Deposit Insurance Act (FDIA) to set forth conditions under which prior approval is not required for any merger, consolidation, asset acquisition, or liabilities assumption, involving only insured depository institutions subsidiaries of the same depository institution holding company. (Sec. 203) Permits any insured depository institution to participate in optional conversion transactions between members of the Bank Insurance Fund and the Savings Association Insurance Fund without the prior written approval of the responsible agency. Repeals: (1) agency guidelines for approval; and (2) the prohibition against transactions which result in the transfer from one Federal deposit insurance fund to the other. Makes the sole criterion for authorization of a conversion transaction without approval that the acquiring, assuming, or resulting depository institution will meet all applicable capital requirements upon consummation of the transaction. (Sec. 204) Amends the Revised Statutes, the Federal Reserve Act (FRA), and the FDIA to delineate conditions under which prior approval is not required for banks under their purview to establish and operate a branch or seasonal agency. (Sec. 205) Amends the Home Owners' Loan Act to remove from its regulatory purview a bank holding company subject to the BHCA. Revises the definition of "savings and loan holding company" to exclude a bank holding company under BHCA jurisdiction. Provides that acquisition of a savings association by a bank holding company under BHCA jurisdiction obviates approval by the Director of the Office of Thrift Supervision. (Sec. 206) Amends the Revised Statutes to repeal the aggregate minimum capital requirements imposed upon a national banking association and its branches. (Sec. 207) Amends the Revised Statutes and the FDIA to exclude from the definition of "branch" an automated teller machine or remote service unit (thus exempting those entities from the approval requirements of such Acts). (Sec. 208) Amends the FRA to prescribe regulatory approval guidelines for investments in bank premises by well capitalized and well managed banks. (Sec. 209) Amends the BHCA to repeal the provision that shares transferred by a bank holding company to a transferee under its control are deemed to be under the holding company's control (thus subject to specified approval requirements). (Sec. 210) Amends the FDIA to repeal the requirement that the appropriate Federal banking agency be notified prior to the appointment or addition of a new director or senior executive officer if the affected insured depository institution or depository institution holding company: (1) has been chartered less than two years; or (2) has undergone a change in control within the preceding two years. Retains such prior notice requirement for troubled insured depository institutions or depository institution holding companies only if the agency determines that prior notice is appropriate. Extends from 30 days up to 90 days the period during which, following notice, the agency may disapprove board of directors or senior executive officer appointments by such institutions or companies. (Sec. 211) Amends the Depository Institutions Management Interlocks Act to revise the prohibition on dual service of management officials to raise the asset-size thresholds of the depository institutions or depository holding companies to which the prohibition applies. Authorizes Federal banking regulatory agencies to adjust such thresholds for inflation. Repeals the 20-year exemption from the dual service prohibition for certain grandfathered directors and management officials (thus permitting them to continue their dual service permanently). Repeals the requirement that each appropriate Federal depository institutions regulatory agency: (1) review according to prescribed criteria the petition of a management official to serve in more than one position (interlocking directorate); and (2) determine whether continuation of such dual service produces an anti-competitive effect. Repeals the criteria governing regulatory approval of management interlocks. (Sec. 212) Amends the FRA to exempt from its proscription against preferential terms in credit extensions to executive officers, directors, or principal shareholders (insider lending) any credit extensions made pursuant to a benefit or compensation program widely available to employees of the member bank. Includes such credit extensions in the Board's authority to waive the proscription against such preferential terms for certain executive officers and directors of controlling nonbank affiliates. Repeals the reporting requirement that: (1) an executive officer of a member bank indebted to another bank submit a written report of such debt to the member bank's board of directors; and (2) a member bank include in its statutory condition of report all loans made since its previous report. Amends the FDIA to repeal Federal banking agency authority to require banks to disclose credit extensions made to their executive officers or principal shareholders. Amends the Bank Holding Company Act Amendments of 1970 to repeal the requirement that bank executive officers and stockholders who own more than a ten percent controlling interest report to the bank's board of directors regarding any credit extensions made to them by a bank maintaining a correspondent account. (Sec. 213) Amends the Federal Financial Institutions Examination Council Act of 1978 to abolish the Appraisal Subcommittee. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to transfer the functions of the Appraisal Subcommittee to the Federal Financial Institutions Examination Council. (Sec. 214) Amends the FDIA to exclude automated teller machines and specified bank branches from the definition of "banking branch" (thus exempting them from Federal bank closure notification requirements). Makes such exemption retroactive to the effective date of the Federal Deposit Insurance Corporation Improvement Act of 1991. (Sec. 215) Amends the International Banking Act of 1978 to replace the Board's authority to order a foreign bank to terminate its branch activities in the United States with authority to recommend to the appropriate Federal or State bank official that such branch's license be terminated. Revises the examination guidelines for foreign banks to: (1) direct the Board to rely upon reports of examinations made by the Comptroller of the Currency, the Federal Deposit Insurance Corporation (FDIC), and State bank supervisors (currently the Board coordinates such examinations); and (2) subject a foreign bank to the same on-site examination schedules and cost-of-examination assessments as are imposed upon U.S. banks. Modifies procedural guidelines for Board review of foreign bank applications to establish a U.S. presence. Subtitle B: Eliminating Unnecessary Costs and Paperwork Burdens - Amends the FDIA to: (1) expand from 18 months to 24 months the discretionary timeframe for mandatory on-site examinations of certain small-sized depository institutions; and (2) increase from $175 million to $250 million the asset-size ceiling on the meaning of "small depository institution" which Federal banking agencies may in their discretion determine for examination purposes. (Sec. 222) Amends the Right to Financial Privacy Act to require a Government authority to reimburse a financial institution for assembling or providing financial records pertaining to corporate customers. (Sec. 223) Directs the Federal Financial Institutions Examinations Council, and each Federal banking agency represented on it, to review and report to the Congress on Federal banking regulations at least every ten years to identify unnecessary regulatory requirements imposed upon insured depository institutions.Requires the Council or the pertinent banking agency to eliminate unnecessary regulations to the extent appropriate. Subtitle C: Eliminating Unnecessary Reporting Requirements - Amends the Community Reinvestment Act of 1977 (CRA) to prohibit the imposition upon financial institutions of: (1) recordkeeping requirements that do not result in eliminating, streamlining or reducing regulatory burdens upon the institutions; or (2) loan data collection and reporting requirements. Prohibits public disclosure of loan data by any Federal financial supervisory agency. (Sec. 232) Amends the Federal Home Loan Bank Act (FHLBA) to exempt financial institutions meeting specified criteria from its community support requirements. (Sec. 233) Amends Federal monetary law to: (1) reduce mandatory identification procedures for monetary transactions; and (2) repeal identification reporting requirements regarding certain financial institution customers of depository institutions. (Sec. 235) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to repeal the mandate that: (1) insured depository institutions include information on small businesses and small farm lending in their annual reports of condition; and (2) the Board publish annually information on credit availability to small businesses. (Sec. 236) Amends the Home Mortgage Disclosure Act of 1975 to increase from $10 million to $50 million the maximum asset-size of institutions exempt from its purview. Authorizes the Board to exempt from the Act's disclosure requirements institutions whose asset-size is at least $50,000000 if the burden of compliance outweighs the usefulness of the requisite information. Declares that a depository institution shall be deemed to have satisfied the public availability requirements with respect to its mortgage loan transactions if its branch offices provide notice of the availability upon request of such information from the home office. (Sec. 237) Amends FDIA guidelines governing a change in control of insured depository institutions to repeal mandatory reporting by financial institutions (or affiliates) of any loans secured by 25 percent or more of any class of shares of an insured depository institution (stock loans). Subtitle D: Regulatory Micromanagement - Amends the Revised Statutes regarding national banking association director qualifications to extend to all such associations the Comptroller of the Currency's authority to waive citizenship requirements for a minority of the association's directors. Allows the Comptroller to waive State residency requirements. (Sec. 242) Sets a deadline by which each Federal banking agency and the National Credit Union Administration Board must eliminate regulations which require insured depository institutions and credit unions to produce unnecessary internal written policies. (Sec. 243) Amends the FDIA to increase the number of members of the FDIC Board of Directors from five to six. Mandates that one director be appointed from among individuals serving as State bank commissioners or supervisors. Limits such appointment to a single two-year term served without compensation. Limits eligibility to serve as Chairperson or Vice Chairperson of the FDIC Board to residentially appointed directors. Title III: Regulatory Impact on Cost of Credit and Credit Availability - Subtitle A: Lowering Compliance Costs to Promote Credit Availability - Amends FDIA guidelines for improved accountability in financial management to: (1) eliminate the use of an independent public accountant to detect and report violations of law by an insured depository institution or depository institution holding company; (2) alter independent audit committee composition from one composed entirely of outside directors independent of institution management, to one composed of a majority of such independent directors; and (3) require each appropriate Federal banking agency to exempt from the independent audit committee requirement any insured depository institution that has encountered hardships in retaining competent directors on such committee. (Sec. 302) Amends the Equal Credit Opportunity Act and the Fair Housing Act to prohibit an enforcing agency from acquiring or using reports generated by any creditor-conducted review of lending operations to determine compliance with such Acts (thereby encouraging creditors to self-test for compliance with the Acts). (Sec. 303) Amends the Home Owners' Loan Act to revise the exemption from certain non-qualified thrift lender restrictions of specialized savings associations serving transient military personnel to repeal a specified requirement with respect to the association's savings and loan holding company. (Sec. 304) Repeals Federal savings association (association) authority to issue credit cards or engage in credit card operations. Permits an association to deal in credit card loans or education loans without being subject to a percentage-of-assets limitation. Raises from ten percent to 20 percent the percentage-of-assets-limitations ceiling placed upon commercial and agricultural loans offered by an association. Restricts loan amounts exceeding ten percent of an association's total assets to loans made to small businesses. Repeals the five-percent-of-assets loan restriction upon education loans offered by an association. Expands the scope of "qualified thrift lender" to include a domestic building and loan association. Redefines "qualified thrift investment" to cover, as assets includible without limit, educational loans, small business loans, and loans made through credit cards or credit card accounts. Removes the ten-percent-of-assets loan restriction placed upon certain personal, family, household or education loans. (Sec. 305) Amends the FRA, with respect to regulations governing payment system risk or intraday credit, to: (1) require them to include net debit caps appropriate to the credit quality of each Federal Home Loan (FHL) Bank (together with normal fees for daylight overdrafts); or (2) exempt FHL Banks from such regulations. (Sec. 306) Amends the FHLBA to: (1) revise the location requirements for FHL Banks to provide for membership-based-on-convenience; (2) mandate that the FHL Banks contract annually for an annual audit with a single auditor; and (3) preclude the Board from participation in any audit or audit contracting process (other than to establish contract and accounting requirements). (Sec. 308) Amends the BHCA to lift the growth cap restrictions placed upon banks controlled by certain bank holding companies not statutorily treated as bank holding companies. Subtitle B: Disincentives to Risk-Taking - Amends the FDIA and the Federal Credit Union Act to: (1) reinstate the requirement of a showing of irreparable and immediate harm as a prerequisite to attachment of assets and other injunctive relief when the FDIC or the National Credit Union Administration Board acts as conservator or receiver; and (2) confer oversight authority to prohibit removal of assets in cease and desist proceedings if it results in immediate and irreparable harm. Subtitle C: Miscellaneous Nonsupervisory Reforms - Amends the TLA to hold a cardholder liable for unauthorized use of a credit card if the liability exceeds $50 and the cardholder fails to timely notify the card issuer of any unauthorized transaction that appears on the account statement. Amends the Electronic Fund Transfer Act to raise from $50 to $500 a cardholder's liability for unauthorized electronic fund transfers if the cardholder substantially contributed to the unauthorized transfer, including writing on or keeping with the card or other means of access a personal identification or other security code.
United States · United States Congress · 28 March 1995
Ryan White CARE Reauthorization Act of 1995 - Amends title XXVI (HIV Health Care Services Program) of the Public Health Service Act regarding emergency relief for areas with a substantial need for services. Changes requirements for grants to metropolitan areas having large numbers of cases of acquired immune deficiency syndrome (AIDS). Modifies the composition, chairperson requirements, and duties of local human immunodeficiency virus (HIV) health services planning councils. Revises requirements for supplemental grants. Alters the method for determining the amount of each grant, the mandated uses of the grants, and application requirements. Allows a single application for initial and supplemental grants and authorizes both to be made as a single grant. Mandates (currently, allows) technical assistance. Authorizes planning grants. Amends provisions relating to the care grant program to change the uses of HIV care consortia grants and consortium application requirements. Mandates establishment of a recommended minimum formulary of pharmaceutical drug therapies approved by the Food and Drug Administration. Revises: (1) State duties in using grant funds to provide treatments; (2) State application requirements; and (3) planning, evaluation, and administration requirements. Mandates (currently, allows) technical assistance. Mandates grievance procedures to address allegations of egregious violations of title XXVI. Requires coordination of the planning and implementation of Federal HIV programs by the Health Resources and Services Administration, the Centers for Disease Control and Prevention, and the Substance Abuse and Mental Health Services Administration. Amends early intervention services provisions to: (1) require grant recipients to provide a continuum of primary care; and (2) modify other requirements regarding uses of grant funds. Authorizes planning grants to entities that are not direct primary care providers to enable them to provide HIV primary care services. Authorizes appropriations for early intervention grants. Replaces provisions mandating demonstration grants for research and services for pediatric AIDS patients with provisions mandating grants for primary care for out-patient care and support services to children, youth, women with HIV disease, and the families of those individuals and for facilitating the participation of such individuals in research. Requires procedures for the protection of human subjects. Prohibits conditioning services on research participation. Authorizes appropriations. Reserves a specified portion of the amounts appropriated under other parts of title XXVI to administer a special projects of national significance program to award direct grants for special programs for the care and treatment of individuals with HIV disease. Repeals current provisions relating to special projects of national significance. Replaces provisions of the Public Health Service Act authorizing grants and contracts to train the faculty of specified types of health professions schools regarding providing for the health care needs of individuals with HIV disease with provisions authorizing grants and contracts to train health personnel, including community providers, in the diagnosis, treatment, and prevention of HIV infection and disease. Authorizes appropriations. (Sec. 4) Amends title XXVI provisions relating to emergency relief for areas with a substantial need for services to modify the formula for determining the amount of grants. (Sec. 5) Amends provisions relating to the care grant program to change the formula regarding minimum grant allotments. (Sec. 6) Authorizes appropriations to make grants under title XXVI provisions relating to: (1) emergency relief for areas with a substantial need for services; and (2) the care grant program. Mandates development and implementation of a methodology for adjusting the percentages allocated to those parts. Repeals existing authorizations of appropriations for those parts.
United States · United States Congress · 23 March 1995
TABLE OF CONTENTS: Title I: Findings and Purposes Title II: Property Rights Litigation Relief Title III: Alternative Dispute Resolution Title IV: Private Property Taking Impact Analysis Title V: Private Property Owners Administrative Bill of Rights Title VI: Miscellaneous Omnibus Property Rights Act of 1995 - Title I: Findings and Purposes - Proposes, with specified measures, to encourage and protect the constitutional and legal rights of private property owners against any Federal agency's regulatory or administrative action that adversely affects private property. Title II: Property Rights Litigation Relief - Prohibits Federal and State agencies acting pursuant to Federal mandate from taking private property except for public use and with just compensation to the property owner. (Sec. 204) Requires that such compensation be paid out of the congressionally appropriated funds of any Federal agency whose actions (directly or through a State agency) result in a physical invasion or taking of private property for public use without the owner's consent and at least one of several other circumstances pertain, including that the action: (1) does not substantially advance the stated governmental interest to be achieved by the legislation or regulation on which the action is based; (2) deprives the property, temporarily or permanently, of all or substantially all of its economically beneficial or productive use; or (3) diminishes the property's fair market value by 33 percent or more. Measures "just compensation" as the decrease in fair market value, and any business losses resulting from Federal agency action. Prohibits the filing of claims against a State agency for carrying out a regulatory program mandated or funded by Federal law. (Sec. 205) Amends the Federal judicial code to grant concurrent jurisdiction to the United States District Court and the United States Court of Federal Claims to hear civil actions brought under this Act. Title III: Alternative Dispute Resolution - Provides for settlement or arbitration, upon consent of both parties, of such property rights disputes. Declares that: (1) such dispute resolution shall not be a condition precedent to or an administrative procedure to be exhausted before the filing of a civil action; and (2) awards are to be taken from congressional appropriations of the Federal agency whose actions are at issue. Title IV: Private Property Taking Impact Analysis - Declares that, with specified exceptions, Federal agency actions likely to result in the taking of private property shall be preceded by a written impact analysis available to the public including: (1) the purpose of the action; (2) the likelihood of an interference with private property; (3) the potential Federal liability to property owners; and (4) any alternative actions that would fulfill the same objectives less intrusively. (Sec. 404) Prohibits any action reasonably predicted to result in an uncompensated taking. Title V: Private Property Owners Administrative Bill of Rights - Directs Federal agency heads enforcing the Endangered Species Act and the Federal Water Pollution Control Act to: (1) comply with State and tribal laws; (2) act in the manner least intrusive to private property rights; (3) implement rules and regulations to ensure the protection of those rights; (4) refrain from entering private property to acquire information without the written consent and notice of the owner; and (5) refrain from using data collected on privately owned property to implement or enforce such Acts without providing the property owner with access to and the opportunity to dispute such data. (Sec. 506) Amends the Federal Water Pollution Control Act and the Endangered Species Act of 1973 to establish property owner appeal rights. (Sec. 508) Requires agency heads to provide owners of private property adversely affected by agency action with the option of either: (1) selling the property to the agency for fair market value without use restrictions; (2) receiving compensation for any resulting decrease in the property's fair market value resulting from such restrictions; or (3) entering into arbitration. (Sec. 509) Amends the Endangered Species Act of 1973 to require the Secretary of the Interior to notify all private property owners or lessees of property subject to it of any new management agreement with a non-Federal person that establishes restrictions on property use, providing each of them the opportunity to participate in such agreement. Title VI: Miscellaneous - Sets forth severability provisions and the effective date of this Act.
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