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
TABLE OF CONTENTS: Title I: General Provisions Title II: Federal Aviation Administration Streamlining Programs Title III: System to Fund Certain Federal Aviation Administration Functions Air Traffic Management System Performance Improvement Act of 1995 - Title I: General Provisions - Amends Federal Aviation Act of 1958 to delineate the powers and duties of the Administrator of the Federal Aviation Administration (FAA) and the Secretary of Transportation with respect to the FAA. (Sec. 104) Authorizes the Administrator to issue, rescind, and revise regulations as necessary to carry out the FAA functions. Prohibits the Administrator, without prior approval of the Secretary, from issuing a proposed or final regulation that is significant or is likely to result in the expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $50 million or more in any year. Excepts emergency regulations from such prohibition, but subjects them to rescission if the Secretary fails to ratify them. Requires the Administrator to review any unusually burdensome regulations, which would result in the annual expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $25 million or more (adjusted annually for inflation) in any year. (Sec. 105) Authorizes the Administrator to utilize personnel of other Federal agencies. (Sec. 107) Amends Federal transportation law to revise FAA budget provisions to require the Administrator, after the first fiscal year in which the FAA is funded entirely by user fees, to prepare a budget for the FAA for each fiscal year. Directs the Secretary to review such budget, recommending modifications to it to ensure consistency with the needs of the national transportation system. (Sec. 110) Directs the Administrator to establish a select panel to review and report to the Congress regarding a limited innovative program to fund specific facilities and equipment projects, and to provide limited additional funding alternatives for airport capacity development. (Sec. 112) Directs the Administrator to establish the Federal Aviation Management Advisory Council which shall: (1) provide advice and counsel to the Administrator on issues which affect or are affected by the Administrator's operations; and (2) function as an oversight resource for management, policy, spending, and regulatory matters. (Sec. 113) Requires the Administrator, in order to protect the public health and welfare from aircraft engine emissions, to prescribe air pollutant emission standards for aircraft engines. Title II: Federal Aviation Administration Streamlining Programs - Directs the Administrator to develop an innovative program for air traffic control modernization using an acquisition management system for FAA procurement of goods and services. (Sec. 202) Requires the Administrator to terminate programs funded under the Facilities and Equipment account, and to consider the termination of substantial acquisitions, that fail meet specified established project criteria. (Sec. 203) Directs the Administrator to develop an innovative personnel management system for the management, compensation, and advancement of FAA employees. Title III: System to Fund Certain Federal Aviation Administration Functions - Directs the FAA to submit to the Congress a performance-based fee system for various FAA services. (Sec. 303) Directs the FAA to enter into an agreement with the Department of Defense (DOD) for the reimbursement to the FAA of the net cost of air traffic control services provided to DOD. (Sec. 304) Directs the FAA to submit to the Congress a proposed fee system for air traffic control services. (Sec. 306) Increases for FY 1998 and 1999 Airport and Airway Trust Fund spending caps for certain direct costs for air navigation facilities and joint air navigation services. (Sec. 307) Requires the multiyear appropriation of funds (not less than three years) for Trust Fund activities.
United States · United States Congress · 13 September 1995
National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to: (1) establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved; (2) review proposals for national commemorative events submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed. Prohibits the Commission from issuing a recommendation to the President for approval of an event which commemorates: (1) a commercial enterprise, industry, specific product, or fraternal, political, business, labor, or sectarian organization; (2) a particular State or any political subdivision, city, town, county, school, or institution of higher learning; or (3) a living person. Bars: (1) the Commission from designating for commemoration of an event of any date or time period which begins more than one year after its designation date; or (2) an event which is commemorated by a specified period of time designated by the Commission from being commemorated by another designation within a single calendar year.
United States · United States Congress · 12 September 1995
Access to Emergency Medical Services Act of 1995 - Requires a health plan that provides any emergency services coverage to cover emergency services furnished to a plan enrollee without regard to: (1) whether the provider has an arrangement with the plan; and (2) prior authorization. Mandates prompt payment in a reasonable and appropriate amount and prohibits cost-sharing greater for hospital emergency services than for other settings. Requires specified measures relating to the timeliness of prior authorization determinations regarding needed care identified in initial evaluations. Prohibits plans from discouraging appropriate use of the 911 emergency telephone number or from denying coverage or payment for an item or service solely on the basis that an enrollee uses the number. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require health maintenance organizations, competitive medical plans, and managed care plans to meet the requirements of this paragraph. Allows State laws that provide protections exceeding those of this Act. Provides for civil money penalties for violations.
United States · United States Congress · 11 August 1995
Amends the Internal Revenue Code to permit tax-exempt financing of transportation facilities used in connection with the transport of cargo to or from docks and wharves.
United States · United States Congress · 10 August 1995
TABLE OF CONTENTS: Title I: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act Subtitle A: Registration of Pesticides Subtitle B: Minor Use Crop Protection Subtitle C: Conforming Amendments Title II: Data Collection and Improved Procedures to Ensure that Tolerances Safeguard the Health of Infants and Children Title III: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act - Subtitle A: Registration of Pesticides - Amends Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) reregistration provisions to require the Administrator of the Environmental Protection Agency (EPA), as soon as the Administrator has sufficient information with respect to the dietary risk of a particular active ingredient (but no later the date of a reregistration determination), to: (1) reassess each associated tolerance (or tolerance exemption) issued under Federal Food, Drug, and Cosmetic Act (FDCA) provisions regarding pesticide residues in raw agricultural commodities; (2) determine whether the tolerance or exemption meets FDCA requirements and whether additional such tolerances or exemptions should be issued; and (3) commence proceedings under both FIFRA and FDCA as are warranted. Establishes a science review board to assist the scientific advisory panel that comments on decisions of the Administrator to cancel a pesticide's registration or change its classification and on regulations issued under FIFRA. Revises the definition of "unreasonable adverse effects on the environment" to include among such effects a human dietary risk from residue that results from use of a pesticide inconsistent with the standard determined by the Administrator to be adequate to protect the public health under FDCA. Subtitle B: Minor Use Crop Protection - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, any one of the alternatives poses greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or any one of the alternatives poses greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Subtitle C: Conforming Amendments - Makes conforming amendments to FIFRA related to pesticide minor uses. Title II: Data Collection and Improved Procedures to Ensure That Tolerances Safeguard the Health of Infants and Children - Directs the Administrator and the Secretaries of Agriculture and Health and Human Services to establish procedures to ensure that pesticide tolerances adequately safeguard the health of infants and children based on the recommendations of a specified report prepared by the National Research Council of the National Academy of Sciences. Directs the Secretary of Agriculture: (1) to collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, to implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title III: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 10 August 1995
TABLE OF CONTENTS: Title I: Antidumping and Countervailing Duty Laws Title II: Adjustment to Import Competition Title III: International Unfair Trade Practices Title IV: Provisions Relating to Imports Title V: Negotiating Authority Title VI: Miscellaneous Provisions Economic Revitalization Act - Establishes the Economic Security Council in the Executive Office of the President. Directs the Council to advise the President with respect to the integration of national and international policies relating to economics and trade. Title I: Antidumping and Countervailing Duty Laws - Amends the Tariff Act of 1930 to revise the authority of the administering authority and the International Trade Commission (ITC) to make proprietary information available to interested parties to antidumping duty or countervailing duty investigations under a protective order. (Sec. 102) Declares that "downstream dumping" means a course of conduct in which a product is routinely used as a significant part in the manufacture of merchandise subject to an antidumping duty investigation and such product is purchased at a price: (1) lower than the generally available price in the country of manufacture or production; or (2) lower than such price but for the artificial depression of the generally available price by reason of any subsidy or other sales at below foreign market value. Requires the administering authority to include the amount attributable to the downstream dumping in calculating the amount of any antidumping duty on such merchandise. Requires the administering authority to consider, when deciding whether to impose an antidumping duty on imported merchandise, any determination that an industry producing a product used in the manufacture of such merchandise has been materially injured or threatened with material injury, or the establishment of such an industry in the United States has been materially retarded. (Sec. 103) Provides for treatment of counteravailable subsidies to enterprises or industries in nonmarket economy countries. (Sec. 104) Revises factors to be considered by the ITC with respect to imports subject to an antidumping duty or countervailing duty investigation. (Sec. 105) Revises provisions regarding merchandise subject to an antidumping or countervailing duty order that is assembled with foreign imported parts in the United States or another foreign country than the foreign country to which the order applies. (Sec. 106) Amends the antidumping provision of the Unfair Competition Act of 1916 to revise the predicate of a private cause of action to remove intent to injure or monopolize as a necessary element. Restricts remedies to injunctive relief, or simple damages if injunctive relief cannot be timely provided. Eliminates treble damage awards and criminal penalties. Provides for private enforcement actions. (Sec. 107) Requires the Secretary of Commerce to report annually to the Congress on the antidumping and countervailing duty program. Title II: Adjustment to Import Competition - Amends the Trade Act of 1974 to transfer to the Secretary the responsibilities of the ITC with respect to relief from injury caused by import competition. (Sec. 201) Authorizes a petitioner for import relief to consult with the Secretary (currently, the United States Trade Representative (USTR)) before submitting to him or her a plan to facilitate positive adjustment to import competition. Revises: (1) the method for making "substantial cause" and "affected domestic injury" determinations; and (2) factors the Secretary must take into account when recommending action to relieve a domestic industry from such injury, and help it make a positive adjustment to import competition. Prohibits an investigation for import relief with respect to articles that have been the subject of certain actions with respect to an orderly marketing agreement. Title III: Unfair International Trade Practices - Amends the Trade Act of 1974 to require the USTR to identify U.S. trade liberalization priorities no later than September 30 of each calendar year. Adds specified congressional committees to the list of those to which the USTR must report about such priorities. Makes any of such committees eligible to file a petition with respect to import barriers and market distorting practices of foreign countries whenever it determines (by resolution) that an investigation should be initiated. (Sec. 301) Requires the ITC to take specified trade relief action if it determines that a priority practice constitutes an act, policy, or practice of a foreign country that is unreasonable or discriminatory and burdens or restricts U.S. commerce. (Sec. 302) Authorizes an interested person to request a USTR review to determine whether a foreign country is in compliance with any trade agreement it has with the United States. Requires the USTR to take specified actions with respect to a foreign country's noncompliance with an agreement. (Sec. 303) Requires the National Trade Estimate to include an enumeration of the ten most significant trade deficits between the United States and other countries on an industry-by-industry basis. Title IV: Provisions Relating to Imports - Urges the President to propose to the United Nations Economic and Social Rights Committee that the Convention for the Rights of the Child, which is to be submitted to the General Assembly of the United Nations, include a worldwide ban on trade in products of child labor (employment of children under 15). (Sec. 401) Directs the Secretary of Labor to undertake periodic reviews to identify countries: (1) which have not adopted or are not enforcing prohibitions against child labor in the production of products; and (2) which have exported products of child labor continually to the United States. Authorizes any person to file a petition with the Secretary requesting that a particular foreign country be identified as such a country. Prohibits the Secretary of the Treasury from permitting the entry of any product from such a country, with certain exceptions, during the effective identification period. Sets forth civil and criminal penalties for attempting to enter into the United States a prohibited product. (Sec. 402) Prohibits: (1) the importation or transportation in interstate commerce of products of forced labor in foreign countries (except those vital to national security); and (2) U.S. nationals from investing in, or making loans to, a foreign joint venture involving the use of forced labor. Sets forth civil penalties for violations of such prohibitions. Provides for private enforcement actions, including awards of treble damages to injured domestic competitors. Title V: Negotiating Authority - Amends the Omnibus Trade and Competitiveness Act of 1988 to repeal provisions authorizing the President to proclaim modification or continuance of existing duties, continuance of existing duty-free or excise treatment, or such additional duties to carry out trade agreements regarding unfair trade barriers by foreign countries. (Sec. 502) Amends the Trade Act of 1974 and the Omnibus Trade and Competitiveness Act of 1988 to repeal provisions relating to: (1) congressional "fast track" procedures for implementation of trade agreements on tariff and nontariff barriers; (2) bilateral trade agreements on such barriers; and (3) resolutions approving commercial agreements with Communist countries. (Sec. 503) Amends the National Environmental Policy Act of 1969 to require Federal agencies to include an environmental impact statement in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting bilateral and multilateral negotiations with other countries on trade or other matters. (Sec. 504) Amends the Trade Act of 1974 to require the inclusion of representatives of environmental, consumer, and health and safety interests on the Advisory Committee for Trade Policy and Negotiations, specified general policy advisory committees, and certain sectoral or functional advisory committees. Title VI: Miscellaneous Provisions - Directs the Secretary of the Treasury to prohibit for three years any multiple customs law offender from: (1) introducing or attempting to introduce foreign goods into U.S. commerce; or (2) engaging or attempting to engage any other person to introduce, on such offender's behalf, foreign goods into U.S. commerce. (Sec. 602) Amends the Foreign Trade Zones Act to prohibit the Foreign Trade Zone Board from establishing manufacturing subzones unless it finds that certain U.S. trade benefits will result. (Sec. 603) Amends the Trade Expansion Act of 1962 to repeal a provision of procedures for congressional disapproval of presidential action to adjust imports of petroleum that threaten to impair national security. (Sec. 604) Amends the Foreign Agents Registration Act of 1938 to provide that a foreign principal shall be considered to control a person in major part if such principal holds at least 50 percent equitable ownership in such person. Replaces references to: (1) "agent" with "representative"; and (2) "propaganda" with "promotional material." Requires representatives of foreign principals engaging in private and nonpolitical activities who are relying on exemptions to registration requirements to notify the Attorney General. Establishes within the Criminal Division of the Department of Justice a section to enforce the Foreign Agents Registration Act of 1938, provisions of the Federal criminal code added by this Act, and all other laws relating to lobbying activities in the United States. Amends the Federal criminal code to prohibit the President, Vice President, specified Federal officials, members of the uniformed services, and Members of Congress, for specified time periods after their service has ceased, from acting as agents or attorneys for compensation in matters (with specified exceptions) in which the United States is a party or has a direct and substantial interest for: (1) a foreign government or political party; (2) a person outside of the United States, unless such person is a U.S. citizen; or (3) a combination of persons organized under the laws of, or having its principal place of business in, a foreign country. (Sec. 605) Amends the Tariff Act of 1930 to specify additional factors to be considered in determining the "transaction value" and "computed value" of imported merchandise with regard to the imposition of customs duties. (Sec. 606) Directs the Attorney General to take appropriate action to initiate export foreclosure antitrust cases under the Sherman Act and any other appropriate antitrust law. Requires the Attorney General to develop a list of practices that are to be the subject of such actions and the countries in which such practices occur, organized in order of priority based upon their economic impact. (Sec. 607) Amends the Securities Exchange Act of 1934 to eliminate certain quarterly reports that issuers of registered securities must file with the Securities and Exchange Commission. (Sec. 608) Amends the Trade Act of 1974 to require the Secretary of Labor to publish a quarterly report of notices U.S. firms should provide before relocating to a foreign country (runaway plants). (Sec. 609) Amends the Defense Production Act of 1950 to require the President to investigate (conduct an Exon-Florio review) to determine the effects on national security in any instance in which a person seeks to engage in a merger, acquisition, or takeover which could result in control of a person doing business in critical technologies in interstate commerce in the United States. (Sec. 610) Directs the Secretary of the Treasury to increase the number of Internal Revenue Service officers and employees whose primary responsibility is determining taxable income substantially affected by transfer pricing between related entities. (Sec. 611) Transfers ITC functions to the Department of Commerce. Terminates the ITC. (Sec. 612) Transfers the Overseas Private Investment Corporation (OPIC) and the Export-Import Bank of the United States to the Department of Commerce. (Sec. 613) Establishes the National Oceanic and Atmospheric Agency (NOAA) as an independent Federal agency. (Sec. 614) Imposes a ten percent surcharge on imported goods. Amends the Internal Revenue Code to increase, and make permanent, the allowable credit for businesses for increasing research activities.
United States · United States Congress · 9 August 1995
TABLE OF CONTENTS: Title I: Maritime Security Title II: Operating Flexibility and Regulatory Relief Title III: Loan Guarantees and Ship Repair Title IV: Miscellaneous Maritime Reform and Security Act of 1995 - Title I: Maritime Security - Amends the Merchant Marine Act, 1936 to mandate establishment of a fleet of active, militarily useful, privately-owned vessels to meet national defense and other security requirements and maintain a U.S. presence in international commercial shipping. Requires that fleet vessels have an operating-differential subsidy agreement and be 25 years old or less (for lighter aboard ship vessels) or 15 years old or less (for other types of vessels). Mandates an operating agreement requiring that vessels be operated in the foreign trade (without restriction, notwithstanding specified existing requirements) or in mixed foreign and domestic trade as allowed under specified registry endorsement provisions. Prohibits otherwise operating them in the coastwise trade. Declares that participation in the Fleet shall not subject a contractor to any requirement under specified provisions. Makes the renewable term of the agreement one year and requires renewal if sufficient funds are available. Mandates, subject to the availability of appropriations, annual payments for each vessel. Establishes an Emergency Preparedness Program under which a fleet vessel, during time of war or national emergency, must make available commercial transportation resources, including vessels or capacity in vessels, intermodal systems and equipment, terminal facilities, intermodal and management services, and other related services as necessary. Requires compensation for resources provided for the commercial diversion period. Allows operation or employment in foreign commerce of a foreign-flag vessel as a temporary replacement for an activated vessel. Authorizes appropriations. (Sec. 102) Prohibits operating-differential subsidy (ODS) payments for a vessel 25 years old or older, unless in the public interest. Prohibits new ODS contracts after enactment of this Act. Continues existing contracts until they terminate by their terms. Makes essential services requirements inapplicable to the ODS program in certain circumstances. Allows a vessel, notwithstanding any other provision of law, to be transferred and registered under a foreign registry in specified circumstances. (Sec. 103) Prohibits, subject to exception, any contractor or related party from receiving payments while it participates in a noncontiguous domestic trade, except with written permission of the Secretary of Transportation. Requires such permission for changes in sailing frequency, capacity, or domestic ports called. Authorizes permission unless the Secretary finds existing service is adequate or the proposed service would result in unfair competition or would be contrary to the objects and policy of the Act. Requires denial of operating agreement payments while unauthorized noncontiguous domestic trade service is provided. Title II: Operating Flexibility and Regulatory Relief - Declares that provisions prohibiting ODS contractors from operating competing foreign-flag vessels do not preclude owning, chartering, or operating (or some combination thereof) a foreign-flag vessel in specified circumstances. (Sec. 202) Amends the Shipping Act, 1916 to modify the circumstances under which, notwithstanding certain provisions of law, a vessel may be placed under a foreign registry with the approval of the Secretary of Transportation. (Sec. 203) Amends the Merchant Marine Act, 1936 to require that, notwithstanding any other provision of law or contract, all restrictions and requirements (under specified provisions) applicable to a liner vessel constructed, reconstructed, or reconditioned with the aid of a construction-differential subsidy terminate 25 years after vessel delivery from the shipyard. (Sec. 204) Makes a liner vessel which is not documented under specified provisions and which meets specified requirements eligible for a certificate of inspection. Declares that a vessel documented as a U.S.-flag vessel under these provisions continues to be eligible for such a certificate by complying with international agreements and associated guidelines. Allows the Secretary of Transportation to rely on a certification from a classification society accepted by the Secretary to establish that a vessel is in compliance with certain requirements. Title III: Loan Guarantees and Ship Repair - Amends Federal ship mortgage insurance provisions to mandate: (1) establishment of a system of risk categories, for obligations guaranteed under the provisions, reflecting specified risk factors; and (2) determination for each category of a subsidy rate equivalent to the average annual cost of obligations in the category. Prohibits guaranteeing obligations when the amount guaranteed, multiplied by the subsidy rate, equals or exceeds appropriated funds. Mandates a fee, determined according to a specified formula, for the guarantee of an obligation. Deems the Secretary of Transportation, for Federal ship mortgage insurance provisions and notwithstanding any other provision of law, to be the "Secretary" with respect to loan guarantee applications to finance the construction, reconstruction, or reconditioning of fishing vessels intended for the export commerce. Prohibits any fishing vessel financed with a Department of Transportation export loan guarantee from engaging in any fishery within the U.S. Exclusive Economic Zone. (Sec. 303) Mandates a pilot program to evaluate the feasibility of using long-term contracts for the maintenance and repair of outported vessels in the Ready Reserve Force to enhance the readiness of those vessels. Requires, subject to appropriations, the award of nine contracts. Title IV: Miscellaneous - Amends Federal law relating to merchant seamen protection and relief to extend veterans' benefits to an individual who served as a member of the U.S. merchant marine between August 16, 1945, and December 31, 1946, and who, during that period, was licensed or documented as a crewmember of a vessel that at the time of service was: (1) operated by the War Shipping Administration or the Office of Defense Transportation, or an agent thereof; (2) operated in waters other than inland waters, the Great Lakes, other lakes, bays, and harbors of the United States; (3) under contract, charter to, or property of, the U.S. Government; and (4) serving the armed forces. (Sec. 402) Amends the Merchant Marine Act, 1936 to entitle a merchant mariner who serves during a war, armed conflict, national emergency, or mobilization need to the same reemployment rights as are guaranteed to a member of a Reserve component of the armed forces who is ordered to active duty. (Sec. 403) Extends the termination date of the authority of the Secretary of Commerce to provide insurance and reinsurance under provisions relating to war risk insurance. (Sec. 404) Amends the Merchant Ship Sales Act of 1946 to modify one of the circumstances under which a vessel in the National Defense Reserve Fleet may be used, requiring that the Secretary of Defense (currently, the Secretary of the Navy) request the use. (Sec. 405) Amends Federal law relating to the general duties and powers of the Secretary of Transportation to direct the Secretary to report to the Congress each even-numbered year (currently, each year) on the conditions of U.S. public ports.
United States · United States Congress · 9 August 1995
TABLE OF CONTENTS: Title I: Transfer of Certain Functions to the Secretary of Transportation Title II: Establishment of United States Transportation Board and Transfer of Certain Functions to that Board Title III: Revisions to Subtitle IV of Title 49, United States Code Title IV: Additional Subtitle IV Provisions Title V: Amendments to Other Laws Title VI: Termination of the Interstate Commerce Commission Transportation Regulatory Streamlining Act of 1995 - Title I: Transfer of Certain Functions to the Secretary of Transportation - Transfers certain functions, personnel, assets, liabilities, contracts, and records of the Interstate Commerce Commission (ICC) to the Secretary of Transportation. Title II: Establishment of United States Transportation Board and Transfer of Certain Functions to that Board - Amends Federal transportation law to establish the United States Transportation Board (Board) within the Department of Transportation. Sets forth the responsibilities of the Board, including jurisdiction over: (1) the rail and pipeline carrier industries; (2) intermodal water-rail or water-motor joint-rate transportation; (3) the rate charged by motor carriers and freight forwarders to individual householders for household goods moves; (4) intercarrier disputes in the intercity bus industry; and (5) resolution of issues related to rate undercharge and overcharge claims for motor carrier transportation. (Sec. 206) Requires the Board to complete a study on the authority necessary to assess and collect fees and annual charges in any fiscal year in amounts equal to all costs incurred by it in that fiscal year. Title III: Revisions to Subtitle IV of Title 49, United States Code - Amends Federal transportation law to transfer jurisdiction currently held by the ICC to the Board. Declares, among other things, that in regulating the railroad industry it is the policy of the U.S. Government to provide expeditious remedies for traffic and facilities lacking effective transportation competition. (Sec. 303) Revises, for purposes of this title, the term "carrier" to mean a pipeline carrier or a rail carrier. (Sec. 304) Declares that the remedies provided under this title are exclusive and preempt the remedies provided under any Federal or State statute. (Currently, such remedies are in addition to any other remedies provided under another law or at common law.) (Sec. 319) Requires the Board to revoke an exemption from the jurisdiction of the Board to the extent that the application of such jurisdiction to the exempt person, class, or transportation is necessary to carry out U.S. rail transportation policy. (Sec. 322) Requires the Board to establish simplified and expedited procedures for the determination of rate reasonableness cases for small shippers in which a stand-alone case presentation is impractical. (Sec. 327) Requires a rail carrier that is a party to an agreement of at least two rail carriers that relates to classifications or rules with respect to car service and car hire, or procedures for joint consideration, initiation, or establishment of them, to apply to the Board for approval of such agreement. (Sec. 329) Sets forth specified factors that the Board shall consider when determining whether a rail carrier rate is reasonable. Authorizes the Board, upon complaint of an interested party, to begin an investigation to determine whether a proposed rate increase is reasonable if such rate results in a revenue-variable cost percentage that is equal to or greater than 20 percentage points above the revenue-variable cost percentage applicable under this title. Requires the Board to set forth its reasons, giving due consideration to specified factors, when determining whether to investigate a rate increase. (Sec. 330) Authorizes the Board, on application of an interested party, to begin a proceeding to determine the lawfulness of any pipeline carrier-proposed new individual or joint rate or individual or joint classification, rule, or practice affecting a rate. (Sec. 331) Requires the Board not to consider the existence of product or geographic competition when making a determination of market dominance in proceedings to determine the lawfulness of a rail carrier rate. Revises provisions with respect to market dominance determinations. (Sec. 333) Requires a summary of each contract between one or more rail carriers and one or more purchasers for the transportation of agricultural commodities and fertilizer to be filed with the Board. (Sec. 336) Prohibits a carrier from subjecting a freight forwarder to unreasonable discrimination (charge a different rate for the same service) whether or not such forwarder is controlled by the carrier. (Sec. 342) Repeals specified current Federal law regarding: (1) payment of common carrier rates; (2) transportation of commodities manufactured or produced by a rail carrier; (3) rail carrier transportation of livestock; (4) exchange of services and limitation on use of common carriers by household goods freight forwarders; and (5) business entertainment expenses. (Sec. 343) Prohibits a carrier from providing transportation of agricultural products or fertilizer (currently, a carrier providing any transportation or service) without a tariff containing the rates, classifications, rules, and practices for such transportation. Requires such tariff to be published and filed with the Board. (Sec. 354) Requires a carrier to provide, upon request, common carrier rates and other common carrier service terms. (Sec. 358) Requires the Board to consult with the grain car council on matters within the charter of that body. (Sec. 371) Requires the Board to collect and keep open for public inspection a railway equipment register. (Sec. 377) Reduces certain filing and evidentiary hearing deadlines with respect to applications involving the merger or acquisition of railroads. (Sec. 380) Repeals specified current Federal law regarding: (1) motor carrier procedure and expedited rail carrier procedure with respect to consolidation, merger, and acquisition of control; (2) temporary operating approval for transactions involving motor and water carriers; and (3) the responsibility of the Secretary in certain transactions. (Sec. 390) Directs the Secretary to deliver to appropriate congressional committees a report on the benefits of revising the terms or applicability of the Carmack Amendment, together with any proposed legislation making those revisions, if any. (Sec. 399F) Directs the Secretary (currently, the ICC) to: (1) find a registrant as a motor carrier unfit if certain safety fitness requirements are not met; and (2) withhold registration. Title IV: Additional Subtitle IV Provisions - Subtitle A: Motor Carrier, Water Carrier, Broker, and Freight Forwarder Provisions - Declares that in order to ensure the development, coordination, and preservation of a transportation system that meets the transportation needs of the United States, it is U.S. policy to provide for the impartial regulation of motor carrier transportation and the transportation of passengers by motor carrier. (Sec. 401) Defines "carrier" to mean a motor carrier, a water carrier, and a freight carrier. Sets forth administrative provisions with respect to: (1) the powers and jurisdiction of the Secretary and the Board over motor carriers, water carriers, brokers, and freight forwarders; (2) certain requirements for rates, classifications, through routes, rules, and practices with respect to the transportation of household goods or passengers by motor carrier or transportation by water carrier; (3) procedures for resolving claims by a motor carrier of property (other than a household goods carrier) or freight forwarder with respect to unfiled, negotiated transportation rates; (4) certain motor carrier, freight forwarder, and motor carrier broker registration requirements; (5) general operation requirements with respect to motor carriers; (6) inspection of records of motor carriers and brokers; (7) reports by motor carriers, brokers, and associations; (8) security interests in motor carrier vehicles; (9) pooling or division of transportation services or earnings by motor carriers; (10) Federal jurisdiction over interstate and intrastate transportation of passengers by motor carrier and transportation by freight forwarders and brokers; (11) State and local tax discrimination against motor carrier transportation property; (12) State and local income taxation of motor carrier employees; (13) enforcement, investigations, rights, and remedies; (14) civil and criminal penalties; and (15) a Motor Carrier Financial Responsibility Information System. Title V: Amendments to Other Laws - Amends specified Federal laws to make conforming amendments. Title VI: Termination of the Interstate Commerce Commission - Declares that, upon the transfer of specified functions of the ICC to the Secretary and the Board, the ICC shall terminate. (Sec. 604) Authorizes appropriations.
United States · United States Congress · 9 August 1995
TABLE OF CONTENTS: Title I: NOAA Atmospheric and Satellite Programs Title II: NOAA Ocean and Coastal Programs Title III: NOAA Marine Fishery Programs Title IV: Program Administration and Support Title V: Cost Savings and Streamlining National Oceanic and Atmospheric Authorization Act of 1995 - Title I: NOAA Atmospheric and Satellite Programs - Authorizes appropriations for the National Oceanic and Atmospheric Administration (NOAA) for: (1) National Weather Service (NWS) operations and research; (2) public warning and forecast systems; (3) climate and air quality research; (4) atmospheric research; (5) satellite observing systems; and (6) environmental data management systems. States that NWS shall be responsible for: (1) weather and storm warnings; and (2) collection and distribution of meteorological, hydrological, climatic, and oceanographic information, including hydrometeorological guidance and forecast information. Authorizes the Administrator of NOAA to procure specified additional satellites. Amends the Land Remote Sensing Act of 1992 to direct the Administrator to develop an operating plan for the Landsat 7 spacecraft and the processing and distribution of its data, including a related ground system. Authorizes appropriations. Title II: NOAA Ocean and Coastal Programs - Authorizes NOAA appropriations for: (1) mapping, charting, and geodesy activities; (2) observation and assessment; and (3) ocean and Great Lakes research. Amends Federal law to authorize appropriations for the national sea grant college program. National Undersea Research Program Act of 1995 - Directs the Administrator to establish a National Undersea Research Program, which shall be conducted by regional centers. Authorizes appropriations. Amends the Coastal Zone Management Act of 1972 to authorize appropriations for: (1) management program development grants; (2) coastal water protection; (3) State coastal water protection programs; and (4) the Secretary of Commerce (Secretary) for specified activities under the Act. Title III: NOAA Marine Fishery Programs - Authorizes NOAA appropriations for fisheries: (1) information collection and analysis; (2) conservation and management; and (3) State and industry cooperative programs. Authorizes the construction of fisheries research facilities at: (1) Fort Johnson, South Carolina; and (2) Auke Cape, Alaska. Amends the Merchant Marine Act, 1936 to: (1) limit Fishing Vessel Obligation loan guarantees; (2) revise loan guarantee fees; and (3) temporarily prohibit new fishing vessel loan guarantees if vessel construction will increase harvesting capacity within the U.S. exclusive economic zone. Title IV: Program Administration and Support - Authorizes NOAA appropriations for: (1) executive direction and administrative activities; (2) facilities' acquisition and operations; (3) marine services; and (4) aircraft services. Provides for specified reductions in NOAA personnel. Authorizes appropriations for commissioned officers. Title V: Cost Savings and Streamlining - Transfers NOAA aeronautical charting functions to the Federal Aviation Administration. Directs the Secretary to develop plans for NOAA fleet reduction and laboratory consolidation. Directs the Secretary to: (1) convey the National Marine Fisheries Service laboratory in Gloucester, Massachusetts, to Massachusetts; and (2) undertake clean-up activities in the Pribilof Islands, Alaska. Directs the Secretary of the Navy to convey to the Secretary a portion of the Naval Base in Charleston, South Carolina.
United States · United States Congress · 3 August 1995
Medicare Bone Mass Measurement Standardization Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage of bone mass measurements.
United States · United States Congress · 27 July 1995
Directs the President to require the appropriate Federal official to convey, without consideration, to the State of South Carolina, the C.S.S. Hunley, a sunken Confederate submarine located in a harbor close to Charleston, South Carolina.
United States · United States Congress · 21 July 1995
Omnibus Transportation Employee Testing Act Amendments of 1995 - Amends Federal transportation law to eliminate the requirement for preemployment alcohol testing of: (1) mass transit employees responsible for safety-sensitive functions; (2) railroad employees responsible for safety-sensitive functions; (3) operators of commercial motor vehicles; (4) air carrier employees responsible for safety-sensitive functions; and (5) Federal Aviation Administration employees responsible for safety-sensitive functions. Permits the preemployment testing for the use of alcohol by such employees.
United States · United States Congress · 20 July 1995
Calls upon: (1) the Government of Japan to honor and abide by the terms of the United States-Japan bilateral aviation agreement and immediately authorize U.S. air cargo and passenger carriers which have pending route requests relating to their "beyond rights" to immediately commence service on such routes; and (2) the President to identify countermeasures that could be taken against such Government for its egregious violation of the agreement and to promptly impose appropriate countermeasures to ensure that such Government abides by the terms of the agreement.
United States · United States Congress · 13 July 1995
TABLE OF CONTENTS: Title I: Health Care Access, Portability, and Renewability Subtitle A: Group Health Plan Rules Subtitle B: Individual Health Plan Rules Subtitle C: COBRA Clarifications Subtitle D: Private Health Plan Purchasing Coalitions Title II: Application and Enforcement of Standards Title III: Miscellaneous Provisions Health Insurance Reform Act of 1995 - Title I: Health Care Access, Portability, and Renewability - Subtitle A: Group Health Plan Rules - Prohibits insurers from declining to provide coverage, and plans from establishing certain types of requirements, based on health status, medical condition, and similar factors. (Sec. 102) Mandates plan renewability, except for nonpayment of premiums, termination of the plan, or other specified reasons. (Sec. 103) Regulates the circumstances in which a plan may impose a benefit limitation or exclusion because of a preexisting condition. Allows State laws that limit preexisting conditions to shorter periods than the provisions of this paragraph. (Sec. 104) Mandates special enrollment periods for individuals who have certain types of changes in family composition or employment status. (Sec. 105) Regulates disclosures an insurer must make to a small employer (as defined in State law, or employers with not more than 50 employees if not defined in State law). Subtitle B: Individual Health Plan Rules - Prohibits an insurer from establishing, for an individual in a period of previous qualifying coverage, eligibility, continuation, or enrollment requirements based on health status, medical condition, and similar factors. (Sec. 111) Mandates renewability of coverage for individuals, except for nonpayment of premiums, misrepresentation of material fact, or termination of the plan. (Sec. 112) Requires that State law in effect on, or enacted after, enactment of this Act apply in lieu of the standards above in this subtitle unless the Secretary of Health and Human Services determines that the State law is not as effective in providing access. (Sec. 113) Mandates a study and report on ensuring the availability of health insurance to individuals, the need for Federal premium variation standards, and the effectiveness of this Act and State laws in stabilizing the small group health insurance market by providing for the broad pooling of risk. Subtitle C: COBRA Clarifications - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to modify continuation coverage requirements. Subtitle D: Private Health Plan Purchasing Coalitions - Requires a State to certify health plan purchasing coalitions (HPPCs) meeting the requirements of this paragraph. Provides for Federal certification if a State fails to do so. Regulates HPPC organization, duties, and activities. Preempts, for a HPPC meeting these requirements, State fictitious group laws, State rating requirement laws (subject to exception), and other State laws in direct conflict. Applies to HPPCs the requirements of ERISA provisions relating to fiduciary responsibility and administration and enforcement. Title II: Application and Enforcement of Standards - Deems a requirement or standard under this Act imposed on: (1) a plan to be imposed on the insurer; and (2) a self-insured plan to be imposed on the plan sponsor. (Sec. 202) Requires each State to mandate that each plan in the State meet the standards under this Act pursuant to an enforcement plan filed by the State with the Secretary of Labor. Directs the Secretary, for self-insured health plans, to enforce the standards under this Act. Subjects failing plans to civil enforcement under specified ERISA provisions. Provides for Federal enforcement if a State fails to do so. Title III: Miscellaneous Provisions - Amends the Public Health Service Act to allow a health maintenance organization, if notified by a member that a medical savings account has been established for the member and if the member requests, to reduce the basic health services payment by requiring the payment of a deductible for basic health services. Declares that it is the sense of the Senate that the Congress should take steps to further the purposes of this Act.
United States · United States Congress · 29 June 1995
TABLE OF CONTENTS: Title I: Authorization Title II: Personnel Management Improvement Title III: Marine Safety and Waterway Services Management Title IV: Coast Guard Auxiliary Amendments Title V: Recreational Boating Safety Improvement Title VI: Coast Guard Regulatory Reform Title VII: Technical and Conforming Amendments Coast Guard Authorization Act of 1995 - Title I: Authorization - Authorizes appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, testing, and evaluation; (4) retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; (5) alteration or removal of bridges; and (6) environmental compliance and restoration at Coast Guard facilities. Amends provisions of Federal law relating to the Federal Highway Administration to declare that, notwithstanding specified provisions of law, highway bridges determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act may be funded from amounts set aside from the discretionary bridge program. Mandates the transfer of those allocations and the responsibility for the administration of those funds to the Coast Guard. (Sec. 102) Authorizes the Coast Guard end-of-year strength for active duty personnel and its average military training student loads. Title II: Personnel Management Improvement - Amends Federal law to authorize the Commandant of the Coast Guard to make child development services available for members and civilian employees of the Coast Guard and, if space is available, for members of the armed forces and Federal civilian employees. Authorizes the use of Coast Guard appropriated funds to provide assistance to family home day care providers so that family home day care services can be provided to uniformed service members and civilian employees of the Coast Guard at a cost comparable to the cost of services provided by Coast Guard child development centers. (Sec. 202) Declares that the National Defense Authorization Act for Fiscal Year 1993 applies to Coast Guard military personnel assigned to, or employed at or in connection with, any Federal facility or installation around Homestead Air Force Base, Florida, on or before August 24, 1992, except that a limited amount of Coast Guard funds shall be used. (Sec. 203) Removes provisions requiring dissemination to the service at large of the names of officers selected for continuation on active duty. (Sec. 204) Excludes certain reserve members in computing authorized strength of members on active duty or members in grade. (Sec. 205) Revises provisions regarding officer retention to provide for retention until retirement-eligible under specified conditions. (Sec. 206) Authorizes contracts to carry out health care responsibilities under Federal law relating to Coast Guard personnel and covered beneficiaries. Title III: Marine Safety and Waterway Services Management - Amends provisions relating to the documentation of vessels to: (1) increase the limit on civil fines for violations; (2) modify the circumstances in which a vessel (including a recreational vessel) and its equipment are liable to seizure and forfeiture. Allows a recreational vessel in U.S. territorial waters to be commanded by a non-U.S. citizen. (Sec. 302) Removes provisions authorizing denial and revocation of endorsements if civil penalties have not been paid. (Sec. 303) Mandates a civil fine for failure to implement or conduct, as prescribed under provisions relating to vessels and seamen and related regulations, chemical testing for dangerous drugs or for evidence of alcohol use. (Sec. 304) Extends the termination dates of the Navigation Safety Advisory Council, the Commercial Fishing Industry Vessel Advisory Committee, and the Towing Safety Advisory Committee. (Sec. 307) Allows a bill of sale, conveyance, mortgage assignment, or related instrument to be filed electronically. Requires the original to be provided within 10 days. (Sec. 308) Imposes a civil penalty of not more than $25,000 (currently, a civil penalty of $1,000) for failure to report a casualty or for violating provisions relating to small vessel manning. Title IV: Coast Guard Auxiliary - Amends Federal law to specify the Coast Guard Commandant's authorities regarding the Coast Guard Auxiliary. Deems the Auxiliary a U.S. instrumentality except when it acts outside its legislated purpose or forms a corporation under State law. (Sec. 402) Declares that the Auxiliary's purpose is to assist the Coast Guard. (Sec. 403) Declares that Auxiliary members are not Federal employees except for certain situations. (Sec. 404) Removes the word "specific" from provisions: (1) authorizing the use of Coast Guard appropriations for certain expenses of Auxiliary members assigned to authorized specific duties; (2) relating to assignment of Auxiliary members to specific duties and related vesting in the Auxiliary members of the same power and authority as members of the regular Coast Guard assigned to similar duty; and (3) injury to or death of an Auxiliary member while performing any specific duty assigned by a Coast Guard authority. (Sec. 405) Authorizes the Coast Guard to use Auxiliary members and facilities in assisting Federal agencies, States, Territories, possessions, or political subdivisions. (Sec. 406) Deems motorboats, yachts, or aircraft, while assigned to Coast Guard duty, to be public vessels of the United States and vessels of the Coast Guard or Coast Guard aircraft. Deems (subject to specified provisions) Auxiliary pilots to be Coast Guard pilots. (Sec. 408) Authorizes disposal to the Auxiliary of obsolete or unneeded Coast Guard material. Title V: Recreational Boating Safety Improvement - Amends Federal law (popularly known as the Federal Aid in Fish Restoration Act, the Fish Restoration and Management Projects Act, and the Dingell-Johnson Sport Fish Restoration Act) to mandate the distribution from the Sport Fish Restoration Account of certain amounts in specified fiscal years for grants under the Clean Vessel Act of 1992, for recreational boating safety programs, and for grants under this Act for transient nontrailerable vessel facilities. Authorizes the head of the department in which the Coast Guard is operating to spend, under contracts with States, certain amounts for State recreational boating safety programs. Authorizes appropriations. Declares that, notwithstanding any other provision of law, a specified amount of the annual appropriation from the Sport Fish Restoration Account in a certain fiscal year under specified provisions shall be excluded from the calculation of certain amounts to be distributed. (Sec. 502) Mandates a survey and plan regarding transient nontrailerable vessels and related public facilities. Requires certain amounts to be made available for grants to States to construct or renovate such public facilities. Title VI: Coast Guard Regulatory Reform - Coast Guard Regulatory Reform Act of 1995 - Mandates regulations establishing a safety management system for specified persons and vessels, including: (1) a safety and environmental protection policy; (2) instructions and procedures to ensure safe operation of those vessels and protection of the environment in compliance with international and U.S. law; (3) defined levels of authority and lines of communications between and among personnel on shore and on the vessel; and (4) procedures for reporting accidents and nonconformities with this title, preparing for and responding to emergency situations, and internal audits and management reviews of the system. Requires regulations prescribed to be consistent with the International Safety Management Code with respect to vessels engaged on a foreign voyage. Sets forth provisions regarding: (1) implementation of the safety management system; and (2) certification and enforcement. Mandates a study and report to the Congress on the methods that may be used to implement and enforce the International Management Code for the Safe Operation of ships and for Pollution Prevention under the Annex to the International Convention for the Safety of Life at Sea, 1974. (Sec. 603) Authorizes the head of the department in which the Coast Guard is operating to rely, as evidence of compliance with this title, on reports, documents, and records of other persons and on other methods determined by the head of that department to be reliable. (Sec. 604) Revises provisions regarding: (1) equipment approval; (2) frequency of inspection; (3) certificates of inspection; and (4) delegation of authority of the head of that department to classification societies. Title VII: Technical and Conforming Amendments - Amends the Inland Navigational Rules Act of 1980 to modify various navigational rules. (Sec. 702) Amends Federal law relating to measurement of vessels to authorize the head of the department in which the Coast Guard is operating to prescribe, where a statute allows, an alternate tonnage. (Sec. 702) Allows alternate tonnage measurement by amending the Longshore and Harbor Workers Act, the Vessel Bridge-to-Bridge Radiotelephone Act, the Ports and Waterways Safety Act, the Merchant Marine Act, 1920, Federal law relating to reporting of U.S. vessels rebuilt abroad, the Merchant Marine Act, 1936, and numerous provisions of Federal law relating to vessels and seamen. (Sec. 745) Authorizes the Secretary of the department in which the Coast Guard is operating (notwithstanding specified provisions) to issue a license, certificate of registry, or merchant mariner's document based on the individual applicant's service, using the tonnage as measured under specified provisions.
United States · United States Congress · 29 June 1995
PACE Provider Act of 1995 - Directs the Secretary of Health and Human Services to grant waivers of certain requirements of titles XVIII (Medicare), XIX (Medicaid), or any other applicable title of the Social Security Act to approved community-based organizations meeting specified eligibility requirements with demonstrated capacity, following a special trial period, to provide quality, cost-effective, and comprehensive health care services to at-risk frail elderly patients. Requires the terms and conditions of such a waiver to be substantially equivalent to those: (1) of the On Lok waiver under the Social Security Amendments of 1983, as extended by the Consolidated Omnibus Budget Reconciliation Act of 1985; and (2) under the Protocol for the Program of All-Inclusive Care for the Elderly (PACE), as published by On Lok, Inc. as of April 14, 1995. Applies Medicaid spousal impoverishment rules to individuals receiving services from such organizations under this Act.
United States · United States Congress · 28 June 1995
TABLE OF CONTENTS: Title I: Amendments to the Securities Laws Title II: Clarification of Antitrust Laws Charitable Giving Protection Act of 1995 - Title I: Amendments to the Securities Laws - Exempts from the jurisdiction of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund deemed not to be an investment company under the Investment Company Act of 1940 (charitable gift annuities). Preempts State law to extend the charitable gift annuities exemption from its jurisdiction over: (1) securities registration or qualification requirements; and (2) any charitable organization regulation. Permits a State to enact a statute that specifically refers to this Act and provides prospectively that it does not preempt its laws. Title II: Clarification of Antitrust Laws - Exempts charitable gift annuities from application of the antitrust laws.
United States · United States Congress · 27 June 1995
Newborns' and Mothers' Health Protection Act of 1995 - Requires a health plan to provide maternity benefits for a minimum hospital stay for a mother and her newborn following the birth of the child. Provides an exception for home births. Prohibits a health plan from modifying the terms and conditions of coverage if the enrollee requests less than minimum coverage. Requires a health plan to provide written notice, prominently positioned in any literature or correspondence, to each enrollee regarding the coverage required by this Act.
United States · United States Congress · 27 June 1995
Amends title XIX (Medicaid) of the Social Security Act to provide for Medicaid coverage of services furnished by certified nurse practitioners and clinical nurse specialists which are authorized under State law to be performed by such a nurse, regardless of whether or not such services are performed under the supervision of a physician or other health care provider. Defines "clinical nurse specialist" as an individual: (1) licensed as a registered nurse to practice in the State where the clinical nurse specialist services are performed; and (2) holding a master's degree in a defined area of clinical nursing from an accredited educational institution.
United States · United States Congress · 26 June 1995
Authorizes the Secretary of Defense or the Army to award a military decoration to any person for an act, achievement, or service performed in the Ia Drang Valley (Pleiku) campaign in Vietnam during the Vietnam War while serving on active Army duty. Directs the Secretary of the Army to: (1) review all recommendations for such awards received within 30 days after the enactment of this Act, including those received before such enactment; and (2) report to specified congressional committees concerning review findings, recommendations, and any final actions taken with respect to such awards.
United States · United States Congress · 21 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the design selected by the Black Revolutionary War Patriots Foundation for the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation to establish an endowment to support construction of the Memorial.
United States · United States Congress · 20 June 1995
Coastal States Protection Act - Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from issuing a lease for mineral exploration, development, or production on submerged lands of the Outer Continental Shelf that are seaward of, or adjacent to, specified lands under a State or Federal lease moratorium.
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 · 26 May 1995
South Carolina National Heritage Corridor Act of 1995 - Establishes: (1) the South Carolina National Heritage Corridor in the State of South Carolina; and (2) the South Carolina National Heritage Corridor Commission to assist Federal, State, and local authorities and the private sector in developing and implementing an integrated management action plan for the Corridor. Authorizes appropriations.
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 · 16 May 1995
Coastal Barrier Resources System Fairness Act of 1995 - Amends the Coastal Barrier Resources Act to include in provisions establishing the Coastal Barrier Resources System references to map revisions made under this Act. Directs the Secretary of the Interior to make corrections to System maps dated October 24, 1990, and relating to System unit M09 so as to make those maps consistent with System maps dated March 30, 1995. Authorizes appropriations to carry out the Coastal Barrier Resources Act.
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 · 11 May 1995
Children's SSI Eligibility Reform Act - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to revise SSI benefit eligibility criteria for disabled children, with revisions also provided for under Federal regulations on child psychological evaluations and individualized functional assessments, as well as under additional specified SSI provisions, including those for combatting fraud and paying benefits through representative payees, in order to help achieve the stated purposes of this Act that SSI benefits provide basic necessities for appropriate cost-effective care, cover additional child-related costs, and enhance development opportunities, among other things, by: (1) providing for graduated benefits for certain additional eligible children; (2) requiring disability reviews for disabled children turning 18; (3) allowing for dedicated savings accounts for child education, job training, or other special needs; and (4) mandating a social security system providing information and referral services for eligible children.
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 · 9 May 1995
Expresses the sense of the Senate that: (1) it regrets that negotiations between the United States and Japan for reductions in trade imbalances in automotive sales and parts, through the elimination of restrictive Japanese market-closing practices, have collapsed; and (2) if negotiations fail to open the Japanese auto parts market, it supports the President's decision to impose sanctions on Japanese products.
United States · United States Congress · 4 May 1995
Illegal Immigration Enforcement Act of 1995 - Establishes in the Immigration and Naturalization Service an Office for the Enforcement of Employer Sanctions which shall: (1) investigate and prosecute unlawful employment of aliens; and (2) educate employers about employment requirements and related employment discrimination. Authorizes appropriations. Prohibits status adjustment to permanent resident: (1) based upon employment; or (2) of an alien who worked illegally. Directs the Attorney General to develop a database to identify aliens who overstay their visas.
United States · United States Congress · 27 April 1995
Trust Fund Restoration Act of 1995 - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being: (1) included in the totals of either the President's budget or in the congressional budget; (2) considered as any category of discretionary appropriations as defined under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) or subject to discretionary spending limits under such Act; (3) subject to sequestration under such Act; and (4) exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays). Makes any such disbursements subject to appropriations. Directs, with respect to the Airport and Airway Trust Fund, that estimates of unfunded aviation authorizations and net aviation receipts be made annually and that adjustments be made if unfunded authorizations exceed receipts. Sets forth similar provisions for both the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund.
United States · United States Congress · 24 April 1995
Condemns the bombing at the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Sends condolences to the families. Commends rescue and volunteer workers, law enforcement officials, and the President. Urges the President to use all necessary means to find and punish the perpetrators. Supports the President's and Attorney General's position that Federal prosecutors will seek the maximum penalty allowed by law, including the death penalty, for those responsible. Declares that the Senate will expeditiously approve legislation to strengthen the authority and resources of all Federal agencies involved in combating such acts of terrorism.
United States · United States Congress · 6 April 1995
Amtrak Restructuring Act of 1995 - Amends Federal transportation law to set forth as a congressional finding that the National Railroad Passenger Corporation (Amtrak) should be available to operate commuter rail passenger transportation under contract with commuter authorities to the extent it is fully reimbursed for costs incurred in operating such services, including a reasonable return on its investment of time and resources. Establishes as an Amtrak goal management of its capital investment to provide its customers with world class service. (Sec. 5) Authorizes appropriations for Amtrak for: (1) operating expenses; (2) capital investment; (3) construction expenses to convert the James A. Farley Post Office, New York City, into a train station and commercial center and for the redevelopment of the Pennsylvania Station, New York City; (4) transition costs associated with long-term restructuring of Amtrak; (5) capital expenditures for the Northeast Corridor improvement project; and (6) certain mandatory payments. (Sec. 6) Declares that certain limits on the contracting out of work by Amtrak shall not bar it and the union representing its employees from negotiating a collective bargaining agreement that permits greater flexibility in such contracting. (Sec. 7) Requires a certain annual report to the Congress concerning Amtrak routes that provide intercity rail passenger transportation to include, among other things, information on the long-term profit or loss. Requires Amtrak to include in its annual report on operations to the President and to the Congress: (1) projections of anticipated and realized benefits of proposed and previously funded projects; (2) identification of improvements in the quality of Amtrak service; (3) facility improvements that demonstrate a productivity gain; (4) equipment improvements that lower operating costs; (5) environmental benefits (including air quality and land use benefits); (6) enhancements to local transportation needs, including mobility of physically and economically disadvantaged persons; (7) improvement of revenue-to-cost ratio; (8) any reduced dependence on Federal operating support; and (9) reductions in the need for alternative transportation investments. (Sec. 8) Revises the composition of the Amtrak board of directors to include two individuals selected by the President from a list of five names submitted by commuter authorities providing service over Amtrak rail properties (currently, one individual nominated by each commuter authority). Authorizes Amtrak to cooperate, upon request, with applicants proposing technology demonstrations financed under U.S. law. Repeals a provision regarding assistance for upgrading of railroad facilities. (Sec. 9) Eliminates the Amtrak Commuter Service Corporation. (Sec. 10) Changes from mandatory to discretionary Amtrak authority to provide cost-effective intercity rail passenger service. Requires Amtrak's decisions regarding the initiation, retention, modification, or elimination of intercity rail passenger service to be made on the basis of available financial resources. Requires any Amtrak agreement with State or local governments or private entity to support such service to be made with the understanding that Federal funding will decrease through time. Sets forth certain financial requirements for the discontinuance of Amtrak rail routes or service. (Sec. 11) Repeals provisions regarding: (1) certain requirements directing Amtrak to provide notice of discontinuance of rail service to State or local authorities or other persons; (2) discontinuance of such service based on lack of appropriations; and (3) exemption of Amtrak Commuter from discontinuance requirements. Authorizes Amtrak and unions representing Amtrak employees to negotiate new employee protective arrangements that differ from the requirements of other portions of this section and the terms of the Appendix C-2 to Basic Agreement between Amtrak and the freight railroads. Declares that any of the provisions of this section and the terms of Appendix C-2 that are inconsistent with a new protective arrangement shall cease to apply to the bargaining unit covered by such new arrangement. (Sec. 12) Repeals specified provisions regarding rail route discontinuance. (Sec. 13) Directs Amtrak to construct an electrification system between Boston, Massachusetts, and New Haven, Connecticut, to accommodate the installation of a third mainline track between Davisville and Central Falls, Rhode Island, to be used for double-stack freight service to and from the Port of Davisville. Requires Amtrak to report to the Congress on its electrification design between Davisville and Central Falls, Rhode Island. (Sec. 14) Prohibits cross-subsidization between intercity rail passenger and commuter rail passenger transportation that crosses over certain rights-of-way. Repeals a specified section of the Northeast Rail Service Act of 1981 relating to compensation to Amtrak for right-of-way costs related to the operation of commuter rail passenger service over the Northeast Corridor. (Sec. 15) Directs Amtrak to make any capital improvements for the Northeast Corridor improvement project program necessary for reliable, high-speed rail passenger service and enhancement of capacity for intercity and commuter passenger service. Authorizes appropriations to the Secretary of Transportation to make grants to the State of Rhode Island for the construction of a third track with sufficient clearance to accommodate double stack freight cars on the Northeast Corridor between Davisville and Central Falls, Rhode Island.
United States · United States Congress · 6 April 1995
Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training, the dissemination of health information, and other programs regarding Parkinson's disease. Establishes the Interagency Coordinating Committee on Parkinson's Disease. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Authorizes establishment of the National Parkinson's Disease Data System to collect, store, analyze, retrieve, and disseminate data. Establishes: (1) the National Parkinson's Disease Information Clearinghouse; (2) a grant program to support scientists who have distinguished themselves in Parkinson's research; and (3) a national education program to foster a national focus on Parkinson's and the care of those with Parkinson's. Authorizes appropriations.
United States · United States Congress · 6 April 1995
Department of Transportation Reorganization Act of 1995 - Amends Federal transportation law to increase the number of Department of Transportation (DOT) Assistant Secretaries to five. (Sec. 4) Repeals a provision granting the Secretary of Transportation supervisory authority over the Saint Lawrence Seaway Corporation. Establishes the Intermodal Transportation Administration (ITA) as an administration within the DOT, headed by an Administrator appointed by the President, by and with the advice and consent of the Senate. Establishes within the Administration an Office of Intermodalism which shall: (1) develop and disseminate intermodal transportation data through the Bureau of Transportation Statistics; (2) coordinate the collection of intermodal transportation data for a data base with States and metropolitan planning organizations; and (3) coordinate Federal research on intermodal transportation in accordance with a specified plan developed under the Intermodal Surface Transportation Efficiency Act of 1991. Authorizes the Secretary to delegate his or her authority over the Saint Lawrence Seaway Corporation to the ITA Administrator. Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal provisions under such Act relating to the establishment of the Office of Intermodalism within the Office of the Secretary. Amends the Ports and Waterways Safety Act to make the Secretary (instead of the Secretary in the department in which the Coast Guard is operating) solely responsible for the prevention of damage to, or destruction of, bridges over U.S. navigable waters. (Sec. 5) Amends Federal transportation law to direct the Administrator of the Federal Aviation Administration (FAA) to carry out duties related to commercial space transportation. (Sec. 6) Repeals specified provisions relating to: (1) the Federal Railroad Administration; (2) the Federal Highway Administration; (3) the National Highway Traffic Safety Administration; (4) the Federal Transit Administration; (5) the Maritime Administration; and (6) the Research and Special Programs Administration. (Sec. 7) Authorizes the Secretary, in carrying out DOT functions, to make, enter into, and perform contracts, grants, leases, cooperative agreements, cooperative research and development agreements, and other similar transactions with Federal, State, and local agencies, nonprofit organizations, and private organizations and persons. Authorizes the Secretary to accept reimbursement from non-Federal sources for costs related to the participation of non-Federal individuals incurred by the DOT for international trips related to promoting international trade in U.S. goods and services. (Sec. 8) Repeals the mandates for specified reports, and revises the due dates for certain other reports.
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.