United States · United States Congress · 22 June 1995
TABLE OF CONTENTS: Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement and Pilot Programs Subtitle A: Improved Enforcement at Border Subtitle B: Pilot Programs Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling Subtitle B: Deterrence of Document Fraud Subtitle C: Asset Forfeiture for Passport and Visa Offenses Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens Subtitle A: Revision of Procedures for Removal of Aliens Subtitle B: Removal of Alien Terrorists Subtitle C: Deterring Transportation of Unlawful Aliens to the United States Subtitle D: Additional Provisions Title IV: Enforcement of Restrictions Against Employment Title V: Reform of Legal Immigration System Subtitle A: Worldwide Numerical Limits Subtitle B: Changes in Family-Sponsored and Employment- Based Preference System Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions Subtitle D: Effective Dates; Transition Provisions Title VI: Restrictions on Benefits for Illegal Aliens Subtitle A: Eligibility of Illegal Aliens for Public Benefits Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge Subtitle C: Attribution of Income and Affadavits of Support Title VII: Facilitation of Legal Entry Title VIII: Miscellaneous Immigration in the National Interest Act of 1995 - Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement and Pilot Programs - Subtitle A: Improved Enforcement at Border - Increases: (1) the Border Patrol; and (2) Immigration and Naturalization Service (INS) border enforcement and related personnel. (Sec. 102) Provides for improved border crossing cards, equipment, and crossing barriers, including authorization of appropriations for fencing and road improvements in the border area near San Diego, California. (Sec. 105) Amends the Immigration and Nationality Act (Act) to establish civil penalties for illegal U.S. entry. Subtitle B: Pilot Programs - Establishes pilot programs for: (1) interior repatriation of inadmissible or deportable aliens; (2) use of closed military bases to detain inadmissible or deportable aliens; and (3) collection of alien departure records. Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud - Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling - Amends Federal criminal law to: (1) authorize wiretaps in alien smuggling investigations; and (2) include alien smuggling offenses under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 203) Amends the Act to: (1) expand INS forfeiture authority for smuggling or harboring illegal aliens; and (2) increase criminal penalties for alien smuggling. (Sec. 205) Increases the number of Assistant United States Attorneys and provides for their assignment to criminal matters involving illegal aliens. Subtitle B: Deterrence of Document Fraud - Amends Federal criminal law and the Act to increase and establish criminal and civil penalties for specified immigration related document fraud offenses. Subtitle C: Asset Forfeiture for Passport and Visa Offenses - Amends Federal criminal law to provide for asset forfeiture for passport and visa offenses. Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens - Subtitle A: Revision of Procedures for Removal of Aliens - Amends the Act to revise alien removal provisions. Subtitle B: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Act to establish a special removal procedure for terrorists, including the designation by the Chief Justice of the United States of a special removal court. Part 2: Exclusion and Denial of Asylum for Alien Terrorists - Amends the Act to make membership in a terrorist organization a ground for U.S. exclusion. (Sec. 332) Denies asylum, status adjustment, and deportation relief to alien terrorists. Subtitle C: Deterring Transportation of Unlawful Aliens to the United States - Amends the Act with regard to vessel and aircraft transportation of illegal aliens into the United States. Subtitle D: Additional Provisions - Amends the Act to impose civil penalties upon an alien subject to an order of removal who fails to depart. (Sec. 358) Authorizes additional appropriations for removal of illegal aliens. (Sec. 359) Establishes in the Treasury an Immigration Enforcement Account. Title IV: Enforcement of Restrictions Against Employment - Increases full-time employee positions in: (1) the Investigations Division of INS; and (2) the Wage and Hour Division of the Employment Standards Administration of the Department of Labor. (Sec. 403) Amends the Act to revise the employer sanctions program. Title V: Reform of Legal Immigration System - Subtitle A: Worldwide Numerical Limits - Amends the Act to revise legal immigration categories and numerical limitations. (Sec. 504) Requires periodic congressional review and reauthorization of worldwide immigration levels. Subtitle B: Changes in Preference System - Amends the Act to revise the immigration preference system. Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions - Amends the Act to revise annual refugee admissions and asylee adjustment provisions. (Sec. 523) Authorizes the temporary employment of certain retirees to help reduce asylum application backlogs. (Sec. 524) Limits parole entry to a case-by-case basis for humanitarian or significant public benefit reasons. Subtitle D: General Effective Date; Transition Provisions - Sets forth transition provisions for specified classification status petitions. Title VI: Restrictions on Benefits for Illegal Aliens - Subtitle A: Eligibility of Illegal Aliens for Public Benefits - Part 1: Public Benefits Generally - Makes illegal aliens ineligible (with specified exceptions) for public assistance, contracts, and licenses. (Sec. 602) Makes unauthorized aliens ineligible for unemployment benefits. Part 2: Earned Income Credit - Amends the Internal Revenue Code to deny the earned income tax credit to individuals not authorized to work in the United States. Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge - Amends the Act to revise public charge grounds for inadmissibility and deportability. Subtitle C: Attribution of Income and Affidavits of Support - Attributes a sponsor's income and resources to a family-sponsored immigrant for purposes of eligibility for Federal means-tested public benefits programs. (Sec. 632) Amends the Act to set forth sponsor affidavit of support requirements. Title VII: Facilitation of Legal Entry - Provides for: (1) increased numbers of land border inspectors; and (2) border infrastructure improvements. (Sec. 703) Amends the Act to provide for: (1) preinspection at specified foreign airports; and (2) training of airline personnel in fraudulent document detection. Establishes a carrier consultant program. Title VIII: Miscellaneous Provisions - Amends the Act, as amended by the Immigration and Nationality Technical Corrections Act of 1994 to revise the definition of "aggravated felony." Amends the Act with regard to: (1) definitions of "child" and "parent"; (2) visa processing procedure; (3) waiver authority concerning notice of visa application denial; (4) Canadian landed immigrants; (5) H-1B nonimmigrants; (6) visa extensions; (7) status adjustment; (8) access to certain confidential INS files; (9) nonimmigrant status for spouses and children of members of the armed forces; (10) fraudulent birth certificates; and (11) specified miscellaneous and technical provisions.
United States · United States Congress · 16 June 1995
TABLE OF CONTENTS: Title I: Abolition of Department of Education Title II: Education Program Subtitle A: Elementary and Secondary Education Subtitle B: Conforming Amendments to the Individuals with Disabilities Education Act Subtitle C: Higher Education Programs Subtitle D: Miscellaneous Provisions Title III: General Provisions Title IV: Statements of Policy Back to Basics Education Reform Act - Eliminates the Department of Education and redefines the Federal role in education. Title I: Abolition of Department of Education - Abolishes the Department of Education. (Sec. 102) Establishes (and sunsets) an Office of Economic Opportunities in the Department of Health and Human Services. Provides that the Office shall be: (1) headed by a Director for Economic Opportunities, who shall be appointed by the President and confirmed with the advice and consent of the Senate; and (2) administered under the supervision and direction of the Assistant Secretary for the Administration for Families and Children. Transfers Department of Education functions to the Office. Abolishes the Office and all of its functions upon the expiration of the authorization for the programs under its jurisdiction. (Sec. 103) Directs the Secretary of Health and Human Services to appoint as principal officers of the Office: (1) an Assistant Director of Childhood Schooling; and (2) an Assistant Director of Advanced Schooling. (Sec. 104) Allows the Secretary of Education to serve as Director of the Office until an individual is appointed to such position or until the end of a 120-day period, whichever is earlier. (Sec. 105) Authorizes the Secretary of Health and Human Services, as is necessary or appropriate, to: (1) allocate or reallocate any function of the Office among its officers; and (2) consolidate, alter, or discontinue in the Office any organizational entities that were entities of the Department of Education. Prohibits transfer of any function or personnel of the Office to any agency outside of the Office. (Sec. 106) Directs the President to submit to the Congress a plan for winding up the affairs of the Department of Education in accordance with this Act. (Sec. 107) Directs the Comptroller General to submit to the Congress a report with recommendations for the most efficient means of achieving, in accordance with this Act: (1) the complete abolition of the Department of Education; and (2) the termination, transfer, or other continuation of functions of the Department of Education. (Sec. 110) Limits Federal expenditures in each fiscal year for the administration of a function transferred by this Act to not more than 70 percent of the total amount expended for the administration of that function during fiscal year 1995. Title II: Education Programs - Subtitle A: Elementary and Secondary Education - Chapter 1: Elementary and Secondary Education Block Grant - Authorizes the Director of the Office to provide an elementary and secondary education block grant to the Governor of each State that complies with specified requirements. (Sec. 202) Authorizes such block grant program, and sets forth provisions for State eligibility, general State requirements, amount of State allotment, local fiscal accountability, and participation of children enrolled in private schools. (Sec. 209) Authorizes appropriations. Chapter 2: Other Elementary and Secondary Education Programs - Repeals: (1) titles I, II, III, IV, V, VI, VII, X, XI, XII, XIII, XIV, and parts B and C of title IX of the Elementary and Secondary Education Act of 1965 (ESEA); (2) the Goals 2000: Educate America Act; (3) the School-to-Work Opportunities Act; (4) specified provisions of the General Education Provisions Act; and (5) the National Education Statistics Act of 1994. Amends ESEA provisions relating to impact aid. Requires that impact aid programs provided under title VIII of ESEA be administered by the Department of Defense through the Assistant Secretary for Force Management Policy. Provides that Indian education programs under part A of title IX of ESEA shall be administered by the Department of the Interior through the Assistant Secretary for Indian Affairs. Subtitle B: Conforming Amendments to the Individuals with Disabilities Education Act - Amends the Individuals with Disabilities Education Act (IDEA) to transfer authority from the Department and Secretary of Education to the Department and Secretary of Health and Human Services. (Sec. 212) Amends IDEA definitions of excess costs and of native language. (Sec. 213) Transfers of IDEA administering authority to the Office. (Sec. 214) Revises IDEA provisions relating to outreach services for certain institutions of higher education. Subtitle C: Higher Education Programs - Chapter 1: Elimination and Reduction of Programs - Repeals the Higher Education Act of 1965, with exceptions for its short title and provisions relating to Pell Grants, the Federal Family Education Loan Program, Perkins Loans, needs analysis, certain general provisions, definitions, and the program integrity triad. (Sec. 221) Provides that such repeal of HEA provisions shall not affect Federal authority to collect loans. Discontinues Federal contributions for FY 1997 or any succeeding year to student loan funds established under Perkins Loans provisions of HEA. Limits Federal funds for Howard University under specified Federal law and the Howard University Endowment Act to: (1) specified maximum amounts and uses in fiscal years through FY 2000; and (2) nothing for FY 2001 and thereafter. (Sec. 222) Amends the Congressional Budget Act to revise the Federal Credit Reform Act with respect to defining the cost of a direct loan. (Sec. 223) Amends HEA to provide for the sale of Federal Direct Student Loan (FDSL) loan portfolios. (Sec. 224) Makes a statement of policy that the Federal student loan programs should be reviewed to evaluate whether reforms need to be made based on the principles of risk sharing, market-based orientation, privatization, and deregulation. (Sec. 225) Eliminates in-school interest subsidies under HEA guaranteed loan programs. Chapter 2: Higher Education Block Grant - Authorizes block grants to States to assist institutions of higher education to improve access to higher education and the quality of educational programs. (Sec. 232) Sets forth such block grant program provisions for distribution of funds, State assurances, use of funds, and public disclosure. (Sec. 236) Authorizes appropriations. Subtitle D: Miscellaneous Provisions - Provides that nothing in this Act shall be construed to affect continued funding for Gallaudet University, the American Printing House for the Blind, or the National Institute for the Deaf at FY 1995 levels through FY 2000. (Sec. 242) Directs the Secretary of Health and Human Services to: (1) consult with the Congress before issuing regulations regarding the grants under chapter 1 of subtitle A and chapter 2 of subtitle C of this title; and (2) issue only regulations necessary for the timely distribution of such funds to the States. (Sec. 243) Directs the Secretary of Health and Human Services to provide for a consolidated application for grants under chapter 1 of subtitle A and chapter 2 of subtitle C of this title. Requires that consolidated applications also be permitted at the local level. (Sec. 244) Limits the amount that is authorized to be appropriated for programs under chapter 2 of subtitle A, subtitle B, and chapter 1 of subtitle C to not more than the amount appropriated for such programs for FY 1995. Requires that such programs be authorized through FY 2000. (Sec. 245) Provides that nothing in this title shall be construed to affect the applicability of civil rights laws relating to any program established, transferred, or consolidated under this Act. Sets forth education-related civil rights enforcement and reporting duties of the Secretary of Health and Human Services, the Director of the Office of Civil Rights of the Department of Health and Human Services, and the Assistant Attorney General in charge of the Civil Rights Division of the Department of Justice. Title III: General Provisions - Sets forth requirements relating to certain references, exercise of authorities, savings provisions, transfer of assets, delegation and assignment, authority of the Office of Management and Budget with respect to functions transferred, and proposed changes in law. Title IV: Statements of Policy - Sets forth statements of policy regarding: (1) Federal education funding (review and evaluation as to the feasibility of further enhancing the ability of States and local communities to fund education by reducing the Federal tax burden and commensurately eliminating Federal Government involvement in providing grants for education programs); (2) job training programs (review and transfer all those under jurisdiction of the Department of Education to the Department of Labor and consolidate them into one or more block grants); and (3) Indian education (review programs transferred to the Department of the Interior to ensure that they benefit Native American children who live on reservations).
United States · United States Congress · 15 June 1995
Natural Disaster Protection Partnership Act of 1995 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act) to: (1) require a State to pay or agree to pay at least five dollars per resident, as determined by the latest official census, before such State or local government receives Federal assistance for the repair, restoration, reconstruction, or replacement of public facilities damaged or destroyed by a major disaster in the State; and (2) revise the formula used to determine the Federal share of such assistance as well as the Federal share for debris and wreckage removal from publicly and privately owned lands resulting from such disaster. Allows an increase of such assistance only upon the enactment of a joint resolution not designated as an emergency under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). (Sec. 5) Adds provisions concerning disaster mitigation. Requires the Director of the Federal Emergency Management Agency to establish and carry out natural disaster hazard mitigation (mitigation) programs that support natural disaster research, technology, and education. Gives the effect of law to a specified executive order relating to earthquake design and construction standards for federally leased, assisted, or regulated buildings. Requires the Director to enter into an arrangement with the National Academy of Sciences to study and report to the Congress on the feasibility of establishing: (1) national minimum building construction standards for residential and commercial building construction; and (2) standards for the training and licensing of home inspectors and for using such inspections as a means of promoting mitigation for residential property. Requires the Director to define which States should be classified as natural disaster-prone for purposes of the Act. Requires each natural disaster-prone State to either: (1) adopt multihazard building and safety codes for all new and substantially modified building construction in that State; or (2) certify that the State's local communities have adopted and are enforcing building codes which meet the appropriate minimum mitigation requirements of that State. Requires each State designated as flood-prone to either adopt relevant flood protection standards or certify that its flood-prone local communities are in compliance with appropriate State flood protection standards. Requires each natural disaster-prone State to either develop a multihazard mitigation plan or designate an existing plan which includes specified compliance and response requirements. Outlines provisions concerning State compliance with the establishment, adoption, and implementation of appropriate mitigation plans. Provides penalties for noncompliance. Requires the Director, after crediting premiums from the Natural Disaster Insurance Corporation (established under this Act), to allocate funds from a Mitigation Account (established under this Act) to States which comply with all mitigation requirements under this Act. Provides an allocation formula. Requires such funds to be used to support mitigation activities, especially those necessary to bring a State into compliance with building and safety code requirements enumerated under this Act. Requires audits of fund uses. Exempts a State, under specified conditions, from a particular mitigation requirement if it receives inadequate funds from the Account to cover the costs of complying with such requirement. Encourages each private insurer that participates in the Natural Disaster Insurance Corporation to take mitigation measures into account in setting rates and deductibles for its property insurance. Establishes the Natural Disaster Insurance Corporation as a not-for-profit membership corporation to provide primary insurance coverages and reinsurance coverage for hurricanes, earthquakes, volcanic eruptions, and tsunamis. Requires the Corporation's Board of Directors (Board) to: (1) develop a plan of operation describing the Corporation's administration and the provision of the insurance coverages it provides; and (2) develop and adjust, when necessary, actuarially sound rates for such coverages. Establishes an independent Natural Disaster Insurance Board of Actuaries (Independent Board) to review and approve such plan and rates. Requires the Board to file with each State insurance regulator information copies of the initial material and future revisions to its insurance rates, terms, or conditions. Requires the Corporation to establish and maintain a: (1) primary insurance coverage trust account to pay qualifying claims and loss adjustments expenses to private insurers acting as service providers of the primary insurance coverages; and (2) reinsurance coverage trust account to pay qualifying claims to private insurers which purchased such coverage. Outlines provisions concerning the Corporation's use of funds from other accounts and funds to pay for losses in excess of trust account funds or funds raised by issuing obligations in the private market (requiring repayment of funds borrowed from such accounts or funds). Requires the trust accounts to be kept separate. Prohibits: (1) the borrowing of monies between such accounts; and (2) the authorization or appropriation of Federal funds for Corporation activities. Requires the Comptroller General to audit and report to the Congress on Corporation and Independent Board activities. Requires the Corporation to: (1) issue primary insurance coverages that insure against physical damages and losses to residential property, including debris removal, additional living expenses incurred as a result of direct damage to such property, and ordinance and law coverages, resulting from the natural disasters enumerated in this Act that meet specified terms and conditions; and (2) make, under certain conditions, excess reinsurance coverage available to private insurers and State insurance pools for residential losses (including quota-share amounts retained by the private insurers under this Act not already insured by the Corporation under the primary insurance coverage policies) and commercial losses that are proximately caused by specified natural disaster perils. Prohibits making or renewing any federally-related mortgage loan secured by residential property located in an earthquake, volcanic eruption, tsunami, or hurricane-prone State unless the property is covered by: (1) primary insurance coverages; or (2) coverage issued by a private insurer which has equivalent terms, conditions, and rates as such coverages for seismic perils and that meets such terms and conditions as those required for the hurricane peril. Provides an escrow requirement with respect to insurance premiums for such coverage. Outlines requirements that must be met by residential property owners in natural disaster-prone States before the owners can receive any financial assistance under the Act or any similar Federal disaster assistance. Requires the Director and the Corporation to jointly report to the Congress on any additional sanctions or other measures deemed necessary to assure that policyholders purchase Federal flood insurance pursuant to the National Flood Insurance Act of 1968. Requires private insurers which exclude coverage for physical damage caused by flooding to include in the contract a specified warning statement to that effect (or an appropriate alternative warning statement). Establishes in the Treasury the Natural Disaster Protection Fund. Establishes within the Fund a separate Private Loss Account, Public Loss Account, and Mitigation Account. Requires the three accounts to be kept separate and prohibits the borrowing of monies between them. Requires the Private Loss Account to provide direct Federal loans to cover shortfalls in the Corporation's primary insurance and reinsurance accounts. Requires the Public Loss Account to: (1) retain reserve funds sufficient to cover the anticipated costs resulting from natural disasters up to the annual ten-year historical average of disaster relief provided by the Director; and (2) provide grants to States for the repair or restoration of critical facilities and lifelines, public facilities, and infrastructure damaged or destroyed by natural disasters and for pre-natural disaster mitigation. Allows the Federal share of such grants to be increased only upon the enactment of a joint resolution not designated as an emergency under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985. Requires: (1) the Mitigation Account to provide funds to States for appropriate mitigation efforts described in this Act; and (2) the Corporation to pay a specified percentage of the annual net premiums collected for the primary insurance coverages and the reinsurance coverages for mitigation purposes. Provides for appropriate transfers and credits to the Public Loss Account and the Mitigation Account. Authorizes appropriations to such Accounts.
United States · United States Congress · 14 June 1995
Partial-Birth Abortion Ban Act of 1995 - Subjects anyone who knowingly performs a partial-birth abortion in or affecting interstate or foreign commerce to a fine or imprisonment for not more than two years or both. Defines "partial-birth abortion" as partial, vaginal delivery of the fetus prior to killing the fetus and completing the delivery. Permits the parents or the maternal grandparents (if the mother has not attained the age of 18 at the time of the abortion) through a civil action to obtain relief which would include money damages for all injuries and statutory damages equal to three times the cost of the partial-birth abortion, even if any party consented to an abortion. Permits the affirmative defense to a prosecution or a civil action, which must be proved by a preponderance of the evidence, that the physician reasonably believed: (1) the procedure was necessary to save the woman's life; and (2) no other form of abortion would have sufficed for that purpose.
United States · United States Congress · 14 June 1995
Safety and Health Improvement and Regulatory Reform Act of 1995 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise provisions for OSHA standards. Requires promulgation and modification of such standards to be based of certain analyses and criteria, including a specified type of regulatory impact analysis, as well as a risk assessment and a cost-benefit analysis which are industry-specific. (Sec. 2) Repeals provisions for separate rules for toxic materials or harmful physical agents. Deems a variance to have been issued as of the date the application for it was filed,if the Secretary has failed to approve or disapprove such application within 90 days of such filing (unless the Secretary of Labor and the applicant agree to a longer period). Sets forth requirements relating to such regulatory impact analyses (both a preliminary and a final one), risk assessments, and cost-benefit analyses. Directs the Secretary, within seven years of the effective date of this Act, to review each OSHA standard in effect as of such effective date under specified criteria, and to modify or revoke such standards as appropriate. Allows each person affected by a promulgated OSHA standard to petition the Secretary to modify or revoke such standard pursuant to this review process. Sets forth substantive and procedural requirements relating to such provisions. Repeals the mandate that, in determining the priority for establishing OSHA standards, the Secretary give due regard to: (1) the urgency of the need for such standards for particular industries, trades, crafts, occupations, businesses, workplaces, or work environments; and (2) the recommendations of the Secretary of Health and Human Services regarding such need. Directs the Secretary, upon determining that a rule should be promulgated or modified to serve OSHA objectives, to appoint an independent and external peer review panel to review the scientific and economic data which forms the basis for such standard and such data's relevance to industries and workers that would be affected by it. (Sec. 3) Revises provisions for notices of violations and citations. Directs the Secretary to give notices of violations, with specified periods for abatement (at least 30 days, except that a reasonable shorter period may be ordered if the condition constitutes a direct threat to employees). Authorizes the Secretary to issue citations after a follow-up inspection if the violation remains and the abatement period has expired. Provides that such notice of a violation before issuance of a citation shall not be required in cases of alleged violations causing death or serious injury, or constituting an imminent danger, to an employee. (Sec. 4) Directs the Secretary to establish an office to promote, administer, and coordinate the following worksite-based incentives programs and activities. Exempts from general OSHA inspections workplaces which: (1) the employer certifies have been reviewed under a Federal-State consultation services program or a workplace review provided by a certified person; or (2) the Secretary chooses to certify as having significant involvement of their employees in their safety and health program. Directs the Secretary to establish programs to: (1) certify persons to conduct such reviews; (2) give special recognition (including exemption from random OSHA inspections) to worksites, companies, and other organizations which have implemented particularly effective programs addressing occupational safety and health in the workplace; and (3) provide education, training, and technical assistance to employers and employees in providing safe and healthful workplaces and complying with OSHA requirements. Reserves at least one-half of the annual appropriation under OSHA for such worksite-based incentives programs, effective in the first fiscal year beginning three years after the effective date of this Act. (Sec. 5) Makes certain restrictions under the National Labor Relations Act and the Railway Labor Act inapplicable to employee participation on certain committees, teams, or other arrangements dealing with employers concerning health and safety of working conditions or related matters. (Sec. 6) Revises provisions for inspections. Revises provisions relating to employee requests for inspections to: (1) eliminate such requests by employee representatives; and (2) make a special inspection discretionary rather than mandatory, while having the Secretary make an inquiry with the employer, upon determination that there are reasonable grounds that the alleged violation or danger exists and that the employer has failed to correct it. Requires that certain inspections be conducted by at least one individual who has technical expertise by training or experience in the industry or types of hazards being inspected. Directs the Secretary to: (1) enter into agreements with other Federal agencies and with States to train inspection personnel of agencies which inspect employers to inspect places of employment to determine if employee fire protection is adequate; and (2) establish a system for referral of fire hazards to the Secretary after notification to the employer, if the employer fails to take corrective actions. Prohibits the Secretary from conducting routine inspections of (or enforcing any OSHA standard, rule, regulation, or order with respect to): (1) any person engaged in a farming operation that does not maintain a temporary labor camp and is employing ten or fewer employees; and (2) any employer of not more than 50 employees that has an occupational injury or a lost work day rate less than the national average. Sets forth certain exceptions from such exemption. (Sec. 7) Adds employer defenses of employee misconduct, or alternative safe methods, or other inconsistent or conflicting requirements. (Sec. 8) Revises OSHA penalties. Eliminates provisions relating to willful and repeated violations. Directs the Occupational Safety and Health Review Commission to: (1) assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors; and (2) not assess a penalty greater than that proposed by the Secretary. Allows reduction of a civil penalty by the cost to the employer of correcting the violation. Authorizes the Secretary to propose that a special assessment penalty of up to ten times greater be applied in the circumstances of employee fatalities, or an excessive history of serious injuries to employees, caused by violations of certain OSHA standards. Prohibits penalties where no standard or regulation exists. Provides for jurisdiction for prosecution under State and local criminal laws. (Sec. 9) Revises enforcement procedures with respect to Commission review of the Secretary's citations or proposed penalties for employers. Revises judicial review provisions to require upholding, if reasonable, of the Commission's conclusions of law with respect to the construction of OSHA, or regulations, rules, standards, or orders adopted under OSHA. Increases Commission membership from three to five, and quorums from two to three members. Requires at least one Commission member to have expertise or experience in mining. Revises provisions for Commission hearings and records to provide that, if the parties so agree, there shall not be required any formal proceedings, including requests for production of documents or requests for admissions, interrogatories, or depositions. (Sec. 10) Repeals OSHA provisions for: (1) the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it; (2) NIOSH research and related activities; and (3) NIOSH training and employee education activities. (Sec. 11) Repeals OSHA provisions relating to the already terminated National Commission on State Workmen's Compensation Laws. (Sec. 12) Revises OSHA conditions for approval of State plans. Makes certain conditions inapplicable if the State has adopted alternative performance measures to assure that its program is at least as effective as the Federal program in assuring safe and healthful employment and places of employment. (Sec. 13) Revises procedures for discrimination protection for whistle-blowers under OSHA. (Sec. 14) Provides for OSHA coverage of Federal agencies. (Sec. 15) Repeals provisions for separate occupational safety and health programs for Federal agencies. (Sec. 16) Authorizes employers to establish alcohol and substance abuse testing programs where there is a reasonable probability that any employee's safety or health could be endangered because of use of alcohol or a controlled substance in the workplace. Requires such programs to conform to specified Federal guidelines. Allows employer pre-employment testing for alcohol or substance abuse under specified circumstances. Authorizes the Secretary to test employees for use of alcohol or controlled substances during any investigation of a work-related fatality or serious injury. (Sec. 17) Repeals titles I, II, III, and V of the Federal Mine Safety and Health Act of 1977 (FMSHA). Transfers the functions, responsibilities, and authorities of: (1) the Mine Safety and Health Administration to the Assistant Secretary of Labor for Occupational Safety and Health; and (2) the Federal Mine Safety and Health Review Commission to the Occupational Safety and Health Review Commission. Deems FMSHA standards to have been promulgated under OSHA. Prohibits the Secretary from enforcing any other standards promulgated prior to the effective date of this Act, with respect to activities, conditions, or processes which were subject to FMSHA. Repeals specified parts of the Code of Federal Regulations (CFR). Prohibits requirements of a specified part of CFR from being enforced with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine. Establishes OSHA requirements for mine safety inspections, enforcement orders, and penalties. Requires the National Mine Health and Safety Academy to be: (1) maintained as an agency of the Department of Labor; and (2) responsible for training of mine safety and health inspectors and technical support personnel, and for any other training programs for mine inspectors, mining personnel, or other personnel designated by the Secretary. (Sec. 18) Revises specified OSHA provisions for recordkeeping, reporting, and statistics. (Sec. 19) Adds definitions of the terms "serious injury" and "industry." (Sec. 20) Directs the Secretary to: (1) report annually to the Congress regarding activities under OSHA, including recommendations to avoid unnecessary duplication and to achieve coordination with other Federal laws; and (2) provide for a means for certification of equipment safety, to be conducted by nongovernmental agencies, unless such agencies with professional or technical personnel or materials and equipment are not available.
United States · United States Congress · 14 June 1995
Regulatory Harmonization Act - Requires annual publication of executive agency regulations potentially conflicting with other executive agency regulations or with Federal law, after allowing for public comment, with proposed changes by the agency for resolving regulatory conflicts becoming final within a certain period after their separate publication. Requires agencies to: (1) publish proposed changes in regulations to resolve such a conflict; and (2) submit to the Congress recommendations for changes in legislation for the same purpose.
United States · United States Congress · 13 June 1995
Family Medical Savings and Investment Act of 1995 - Amends the Internal Revenue Code to allow an individual covered under a catastrophic coverage health plan a tax deduction for contributions to a medical savings account. Defines an eligible individual as one who is covered under a catastrophic health plan at any time during such month and is not covered by any other health plan.
United States · United States Congress · 8 June 1995
Medicaid Certification Act of 1995 - Makes certain technical corrections to title XIX (Medicaid) of the Social Security Act, allowing, among other changes, for physician reimbursement for certified osteopathic physician services provided to children and pregnant women enrolled in Medicaid. Makes this Act effective as if included in the Omnibus Budget Reconciliation Act of 1990.
United States · United States Congress · 8 June 1995
Designates the United States Post Office-Courthouse located at South 6th and Rogers Avenue, Fort Smith, Arkansas, as the Judge Isaac C. Parker Federal Building.
United States · United States Congress · 8 June 1995
Reorganization of the Federal Administrative Judiciary Act - Amends Federal civil service law to reorganize all administrative law judges into an independent Administrative Law Judge Corps, headed by a chief administrative law judge appointed by the President, by and with the advice and consent of the Senate, with each judge of the Corps assigned to a division depending upon the areas of specialization in which the judge has served. Provides for the payment of judges' salaries out of existing fees charged by agencies for such purpose. Requires the chief administrative law judge to conduct a study of the various types and levels of agency review to which decisions of administrative law judges are subject for a report to the President and the Congress. Authorizes appropriations.
United States · United States Congress · 7 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 Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation for raising an endowment to support construction of the Memorial.
United States · United States Congress · 7 June 1995
Requires the Secretary of Health and Human Services to reimburse a Department of Veterans Affairs health-care facility for care given to a Medicare-eligible veteran who is treated for a non-service-connected disability in the same amounts and manner as the Secretary reimburses other Medicare providers or Medicare HMOs. Mandates that the Secretary of Veteran Affairs (Secretary) certify to the Secretary of Health and Human Services annually a list of all Department health-care facilities that are to be treated as Medicare providers or Medicare HMOs. Requires that when the Secretary provides care for which the Secretary receives reimbursement under this section, the veteran must pay the Department any applicable deductible or copayment for care that is not covered by the Medicare program.
United States · United States Congress · 7 June 1995
TABLE OF CONTENTS: Title I: Abolishment of Department of Commerce Title II: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce Title III: Miscellaneous Provisions Department of Commerce Dismantling Act - Title I: Abolishment of Department of Commerce - Replaces the Department of Commerce (DOC) with the Commerce Programs Resolution Agency (CPRA), which is limited to three years to wind up and terminate the functions and obligations of the DOC before the CPRA itself is abolished. Directs the Comptroller General to report on the most efficient means of abolishing the DOC, and transferring or terminating its functions. Title II: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce - Repeals the Public Works and Economic Development Act of 1965 and transfers all financial obligations, liabilities, and related rights owned by DOC under such Act to the Department of the Treasury. Requires an audit by the Comptroller General of all DOC grants made under such Act in FY 1995. (Sec. 202) Transfers all export control functions of the DOC under the Export Administration Act of 1979 to the Secretary of State, the President, the Secretary of the Treasury, and the Attorney General. Authorizes transfer of a limited number of specified DOC special agents to the Customs Service. Abolishes the Office of Foreign Availability and the Office of the Under Secretary of Commerce for Export Administration, and provides for the appointment of an Industries Board to advise the Secretary of State. (Sec. 203) Transfers specified national security functions: (1) granted by the Trade Expansion Act to the International Trade Commission (ITC); and (2) granted by the Defense Production Act to the Secretaries of Defense and of the Treasury. Directs the President to appoint committees of industry representatives to advise the National Security Council. (Sec. 204) Transfers to the United States Trade Representative (USTR) the functions of the DOC's International Trade Administration, and powers granted by the Uruguay Round Agreements Act. Amends the Foreign Trade Zones Act to make the Secretary of the Treasury chairman and executive officer of the Foreign Trade Zones Board. Renames the United States and Foreign Commercial Service the U.S. Foreign Commercial Service (Commercial Service), abolishes specified functions, and transfers it to the USTR. Conveys all export promotion functions of the DOC to the USTR, authorizing the USTR to require private entities to pay for promotion services. Transfers the authority to collect and evaluate information on international investment and trade services to the Secretary of the Treasury. Abolishes the international economic policy analysis functions of the DOC. Terminates the Committee for the Implementation of Textile Agreements (CITA), and divides CITA's tasks among the USTR, the ITC, the Commercial Service, and the Secretary of the Treasury. Transfers all DOC functions under the Fair Trade in Auto Parts Act of 1988 to the ITC. Requires the appointment of industry boards to advise the Secretary of the Treasury and the USTR regarding their new powers. Amends the Trade Act of 1974 to repeal authorities for trade adjustment assistance to firms injured by import competition. (Sec. 205) Transfers the Patent and Trademark Office to the Department of Justice, and requires that the activities of that Office be funded solely by fees. (Sec. 206) Terminates the Technology Administration and the Office of Technology Policy. Transfers the National Institute of Standards and Technology to the National Science Foundation, and transfers its laboratories to the CPRA to be sold. Eliminates funding for, and requires the sale of assets of, the National Technical Information Service. (Sec. 207) Transfers the Bureau of the Census to the Department of the Treasury. Expresses the sense of the Congress that such Bureau should: (1) implement the Census Address List Improvement Act of 1994 in a timely fashion; and (2) streamline census questionnaires to promote savings in the collection and tabulation of data. (Sec. 208) Transfers the Bureau of Economic Analysis to the Federal Reserve System, requiring the director of that Bureau to report to the Congress on: (1) the availability of private resources capable of handling a portion or all of the Bureau's assigned tasks; and (2) the feasibility of a fee system to defray costs. (Sec. 209) Terminates assistance to: (1) public telecommunications; (2) educational television programs; and (3) telecommunications demonstrations. Repeals establishment of the National Endowment for Children's Educational Television (thus abolishing it). (Sec. 210) Transfers specified functions under the National Telecommunications and Information Administration Organization Act to the Chairman of the Federal Communications Commission. (Sec. 211) Terminates: (1) funding of specified fishery assistance programs; (2) the fisheries trade promotion program; (3) the authority to guarantee obligations for fishing vessels and facilities; (4) future compensation for damage, loss, or destruction of fishing vessels or fishing gear; and (5) funding of specified Federal fishery research projects. Eliminates the National Oceanic and Atmospheric Administration (NOAA) Corps and the Office of Oceanic and Atmospheric Research, and conveys specified functions of both to the National Weather Service. Transfers the National Environmental Satellite, Data, and Information System Data Centers in part to the CPRA to be sold, and in part to the National Weather Service. Terminates certain functions of the National Weather Service, and transfers it to the Department of the Interior. Reallocates specified functions of the National Marine Fisheries Services to the Secretary of Transportation, the U.S. Fish and Wildlife Service, and the Secretary of Agriculture. Conveys specified functions of the National Ocean Service to the United States Geological Survey and the Secretary of the Interior. Transfers certain NOAA environmental research laboratories to the CPRA to be sold. (Sec. 212) Abolishes the following DOC agencies and programs: (1) Economic Development Administration; (2) Minority Business Development Administration; (3) United States Travel and Tourism Administration; (4) National Telecommunications and Information Administration; (5) Advanced Technology Program; and (6) Manufacturing Extension Programs. (Sec. 214) Expresses the sense of the Congress that the head of each agency performing a function vested by this Act should, wherever feasible, explore and implement user fees for services provided in the performance of such function, to offset operating costs. Title III: Miscellaneous Provisions - Limits annual expenditures for any function not terminated by this Act to 75 percent of FY 1994 expenditures for the performance of such function.
United States · United States Congress · 7 June 1995
Amends the Internal Revenue Code to prohibit the disclosure of any tax information to a State that is taxing the retirement income of an individual who is neither a resident nor a domiciliary of that State (pension source tax).
United States · United States Congress · 7 June 1995
TABLE OF CONTENTS: Title I: Purpose and Repeal of Data Bank Title II: Administrative Simplification Title III: Effective Dates Health Information Modernization and Security Act - Title I: Purpose and Repeal of Data Bank - Amends title XI of the Social Security Act (SSA) and other specified law to repeal the Medicare and Medicaid Coverage Data Bank and associated provisions on the identification of Medicare secondary payer situations when the Secretary of Health and Human Services notifies the Congress that the Bank is no longer necessary because of the operation of the health information network established pursuant to title II of this Act. Title II: Administrative Simplification - Amends SSA title XI to add a new part C (Administrative Simplification) for development of an electronic network for: (1) processing health care information consistent with the goal of improving the operation of the overall health care system; and (2) reducing related administrative costs through the Secretary's adoption of certain standards for information transactions (including enrollment, disenrollment, claims attachments, and coordination of benefits) and data elements as well as standards relating to security and privacy, and performance of tasks pursuant to specified requirements, assisted by a new Health Information Advisory Committee established by this Act. Provides penalties for violations of standards or requirements under this Act, including those involving information transactions and security and privacy. Directs the Secretary to recommend to the Congress a plan for developing and implementing uniform data standards for patient medical record information and its electronic exchange. Authorizes the Secretary to make grants for demonstration projects to promote the development and use of electronically integrated clinical information systems and computerized patient medical records. Authorizes appropriations. Title III: Effective Date s - Specifies the effective date of this Act.
United States · United States Congress · 7 June 1995
Franked Mail Savings Act - Amends the Legislative Branch Appropriations Act, 1991 to establish an Official Mass Mailing Allowance for Members of the House of Representatives. Requires the Official Mass Mailing Allowance to be: (1) available only for postage for any mass mailing sent by a Member as franked mail; (2) the sole source of funding for any such postage; and (3) available in a session of Congress in an amount that does not exceed the total amount allocated to the Official Mail Allowance of a Member in such session. Treats the Official Mass Mailing Allowance and mass mailings separately from the Official Mail Allowance. Continues the applicability of current provisions of law relating to mass mailings sent by a Member or Member-elect. Prohibits a mass mailing from being sent if it would be postmarked during any session that begins in an even-numbered calendar year, except mail matter sent after election day, mailed by a chairperson of a congressional committee, or which relates to an emergency or disaster declared by the President. Sets forth requirements for the submission of samples of mass mailings to the House Commission on Congressional Mailing Standards. Revises the formula for determining the Official Mail Allowance (thereby reducing the maximum allocation allowed). Prohibits the transfer of any amount (except for amounts from the Official Mass Mailing Allowance) to or from the Official Mail Allowance of a Member. (Currently, transfers up to a specified amount are allowed from the Official Expenses and Clerk Hire Allowances.)
United States · United States Congress · 6 June 1995
Amends the Water Resources Research Act of 1984 to: (1) add as a purpose of such Act to encourage long-term planning and research to meet future water management, quality, and supply challenges; (2) require, in grants made under such Act, that non-Federal funds match grant funds on at least a two to one basis; (3) extend through FY 2000 the general authorization of appropriations and the authorization of appropriations for additional research on regional water problems; (4) direct the Secretary of the Interior to coordinate with other Federal departments, agencies, and instrumentalities in the research of water resources problems and issues; (5) empower the Secretary with certain administrative authority to carry out the Act; and (6) direct the Secretary to report annually to the Congress on coordination efforts.
United States · United States Congress · 25 May 1995
Amends the Fair Debt Collection Practices Act to make it a violation of such Act for the debt collector to fail to disclose the attempt to collect a debt in the first written communication with a consumer (currently, in all communications made to collect a debt). Requires that the consumer notify the debt collector in writing of any dispute within thirty days of receiving a debt notice or the debt will automatically be considered valid. Allows the debt collector to: (1) demand payment of a debt, and attempt to collect it, within the thirty days after giving the consumer notice; and (2) obtain information concerning location, income, asset, or credit of the consumer from any person besides the consumer's lawyer if the lawyer refuses to provide such information. Declares that such Act provides no remedy, liability, or penalty for violations of State law. Excuses a debt collector from liability for violations of such Act resulting from the use of a form of written communication approved by any State or Federal agency. Requires a court, in determining whether a debt collector has failed to comply with such Act, to consider the effect of any act or omission of the debt collector upon a reasonable person.
United States · United States Congress · 24 May 1995
Homesteading and Neighborhood Restoration Act of 1995 - Directs the Secretary of Housing and Urban Development to make equal grants to Habitat for Humanity International and other national or regional organizations or consortia for the construction of new, safe, and sanitary dwellings in the United States, including land acquisitions and infrastructure improvement. Amends the Housing Act of 1949 to extend the time period in which the Secretary is authorized to insure and make commitments to insure loans made under the multifamily rural housing program. Allows any interest in the ownership of a project for which a loan is made or insured under to be transferred only if the Secretary determines that such a transfer would be in the best interest of the tenants of the housing. Repeals provisions which prohibit the Secretary from denying loans because an area is excessively remote. Requires the Secretary to establish objective procedures to identify the counties and communities that have the greatest need for rental housing assistance and designate those counties and communities to receive assistance. Amends the Housing Act of 1949 to deny equity loans to extend low income use unless the Secretary determines that other incentives available are not adequate to provide a fair return on the investment of the borrower, to prevent prepayment of the loan, or to prevent displacement of tenants of the housing for which the loan was made. Authorizes the Secretary to make commitments to nonprofit organizations, an agency or body of any State government, or a private entity to guarantee loans from lenders approved by the Secretary for the development costs of housing and related facilities that consists of five or more adequate dwellings available for occupancy only by low or moderate income families or persons, and will remain available according to commitments required by the Secretary. Terminates guarantee authority after September 30, 1995. Authorizes appropriations.
United States · United States Congress · 23 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 · 23 May 1995
Amends the Agricultural Act of 1949 and the Agricultural Adjustment Act of 1938 to terminate sugarcane and sugar beet price support, marketing quota, and acreage allotment programs. Makes related amendments to the Commodity Credit Corporation Charter Act and the Food Security Act of 1985.
United States · United States Congress · 17 May 1995
Small Business Tax Flexibility Act of 1995 - Amends the Internal Revenue Code to allow partnerships or S corporations (electing small business corporations) to elect to have a taxable year other than the required taxable year, in which case the entity shall pay estimated tax in quarterly installments (determined under one of three methods) at the applicable rate on behalf of the owners (partners or shareholders). Exempts entities with an aggregate liability of less than $5,000 from such estimated payment requirements. Imposes a penalty for underpayment of any required quarterly installment. Allows a tax credit for an owner's allocable share of estimated tax payments made by an entity. Prohibits elections of a different taxable year under existing provisions by entities whose first taxable year under such election would begin after enactment of this Act.
United States · United States Congress · 17 May 1995
Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a certified historic structure which has been substantially rehabilitated and which is owned by the taxpayer and used as his or her principal residence. Allows the credit for such expenditures to be taken by a purchaser of the rehabilitated home. Permits, in lieu of the credit, a historic rehabilitation mortgage credit certificate, which shall be transferred to a lender in exchange for a reduction in the rate of interest on the loan secured by the building.
United States · United States Congress · 15 May 1995
Low-Income School Choice Demonstration Act of 1995 - Establishes a low-income school choice demonstration program to determine the effects on students and schools of providing financial assistance to enable low-income parents to select the public or private schools their children will attend. (Sec. 4) Authorizes appropriations. (Sec. 5) Directs the Secretary to award grants to eligible entities to carry out between ten and 20 demonstration projects under which low-income parents receive education certificates for the cost of enrolling their eligible children in a choice school. Sets forth requirements for use of grant funds, authorized projects, award priorities, and applications. (Sec. 8) Requires the amount of an eligible child's education certificate to be determined by the eligible entity, in an amount that provides the recipient with the maximum degree of choice in selecting the choice school the eligible child will attend. Requires an eligible entity to consider certain cost factors in determining such amount. Allows an eligible entity to provide an education certificate to the parent of an eligible child who chooses to attend a school that does not charge tuition or fees in order to pay: (1) the additional reasonable costs of transportation directly attributable to the child's participation in the demonstration project; or (2) the cost of complying with certain special services requirements. Provides for adjustments in certificate amount. Limits the maximum amount of an eligible child's education certificate to the per pupil expenditure for elementary or secondary education (as appropriate) by the local educational agency for the public school to which the child would normally be assigned for the fiscal year preceding the fiscal year for which the determination is made. Declares that an education certificate, and funds provided under it, shall not be treated as income of the parents for purposes of Federal tax laws or for determining eligibility for any other Federal program. (Sec. 9) Requires that eligible child participants in such a demonstration project receive whatever special services to which they would otherwise be entitled under certain provisions of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act. Allows any local educational agency participating in such a demonstration project to count eligible children who otherwise would attend the agency's schools in order to receive funds under any program administered by the Secretary. Allows use of information under the National School Lunch Act to determine a child's eligibility to participate in a demonstration project under this Act and, if needed, to rank families by income. (Sec. 10) Requires each eligible entity receiving a grant under this Act to provide timely notice of the demonstration project to parents of eligible children residing in the area to be served. (Sec. 11) Directs the Comptroller General to contract with an evaluating agency for an annual evaluation of the demonstration program, according to specified criteria.
United States · United States Congress · 12 May 1995
TABLE OF CONTENTS: Title I: Cancellation and Suspension Title II: Minor Use Crop Protection Act of 1995 Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellations, changes in classifications, or other terms of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Denies registration applications that are not in compliance with this Act. Title II: Minor Use Crop Protection Act of 1995 - Minor Use Crop Protection Act of 1995 - 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 less than 300,000 acres; or (2) the Administrator 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, the alternatives pose 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 the alternatives pose 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. Sets forth conditions for extensions of registrations for unsupported minor uses. 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. Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures - Directs the Secretary of Agriculture, in consultation with the Administrator and the Secretary of Health and Human Services, to coordinate the development and implementation of survey procedures to ensure collection of adequate data on food consumption patterns of infants and children. Requires residue surveillance activities of the Department of Agriculture to provide for the improved surveillance of pesticide residues, including increased sampling of foods most likely consumed by infants and children. Directs the Secretary of Agriculture to: (1) 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, 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 IV: 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 · 11 May 1995
TABLE OF CONTENTS: Title I: Workforce Development Infrastructure Subtitle A: State and Local Responsibilities Subtitle B: Amendments to Wagner-Peyser Act Title II: Youth Workforce Preparation and Development Consolidation Grant Subtitle A: State Funding Subtitle B: State Organizational, Planning, and Reporting Responsibilities Subtitle C: Subgrants for In-School and At-Risk Youth Programs Subtitle D: National Programs Title III: Adult Employment and Training Consolidiation Grant Subtitle A: Adult Employment and Training Consolidation Grant Subtitle B: Federal Programs Title IV: Adult Education, Family Literacy, and Library Technology Consolidation Grant Subtitle A: Funding Subtitle B: Grants to States Subtitle C: National Programs Title V: Amendments to Rehabilitation Act of 1973 Subtitle A: Vocational Rehabilitation Consolidation Grant Subtitle B: Other Amendments to Rehabilitation Act of 1973 Title VI: Amendments to the Higher Education Act of 1965 Subtitle A: Student Loan Marketing Association Subtitle B: College Construction Loan Insurance Association Title VII: Repealers and Other Amendments Consolidated and Reformed Education, Employment, and Retraining Systems Act (CAREERS Act) - Consolidates and revises workforce development and literacy programs. Authorizes appropriations. Title I: Workforce Development Infrastructure - Provides for the establishment of an infrastructure within the States of a system on which to build a comprehensive system of workforce development and literacy. Subtitle A: State and Local Responsibilities - Requires any State desiring to receive a grant under specified workforce development and literacy programs (WDL) (participant State) to: (1) establish a collaborative process regarding its State system; (2) develop a consolidated State workforce development and literacy plan to be submitted to the Secretaries of Education and of Labor; and (3) otherwise comply with this Act's requirements, including designating a State administrative agent for each grant requiring such an agent under this Act. (Lists the WDL programs as under: (1) the title II Youth Workforce Preparation and Development Consolidation Grant; (2) the title III Adult Employment and Training Consolidation Grant; (3) the title IV Adult Education, Family Literacy, and Library Technology Consolidation Grant; and (4) subtitle A of title V, revising title I of the Rehabilitation Act of 1973.) (Sec. 106) Requires any participant State to ensure establishment of a Local Workforce Development Board in each local workforce development area that it designates. Requires each local board to develop a biennial local strategic plan to be approved by local government officials. (Sec. 108) Requires participant States to ensure that each local board establish or designate a one-stop career center system in its area. Requires establishment of State criteria for such purpose, to be consistent with specified minimum requirements for such center systems. (Sec. 109) Provides for certification of education, training, and vocational rehabilitation service providers as eligible to receive funds under this title, through receipt of vouchers or otherwise, if they are eligible to participate in student aid programs under the Higher Education Act of 1965 or are determined to be eligible under State-established eligibility procedures, and if they provide certain performance-based information. Exempts providers of on-the-job training from such eligibility requirements. Directs the Workforce Development Board to collect such performance-based information from on-the-job training providers as the Governor may require, and to disseminate such information to the one-stop career centers. (Sec. 110) Requires each State to use a portion of the funds it receives under this Act to design a unified management information system that meets specified requirements. Subtitle B: Amendments to Wagner-Peyser Act - Amends the Wagner-Peyser Act to coordinate its provisions with those of this Act. Requires that at least 25 percent of authorized appropriations under such Act be used for the new labor market information program. Eliminates a Federal Advisory Council under such Act. (Sec. 132) Establishes a labor market information program under such Act. Directs the Secretary of Labor to oversee development, maintenance, and continued improvement of a nationwide system of labor market information. Requires such system to be planned, administered, overseen, and evaluated by a cooperative governance structure involving the Federal Government and the States. Directs the Secretary of Labor to prepare an annual plan, through the Bureau of Labor Statistics, to be the operational mechanism for achieving a cooperative Federal-State governance structure for labor market information. Title: I: Youth Workforce Preparation and Development Consolidation Grant - Subtitle A: State Funding - Directs the Secretary of Education to: (1) reserve a specified portion of funds under this Act for national programs under subtitle D; and (2) make allotments to States under this Act based on a formula derived from funding allotments under specified provisions of the Carl D. Perkins Vocational and Applied Technology Education Act and the Job Training Partnership Act. (Sec. 211) Requires Governors to: (1) make at least 90 percent of such State allotments available to local providers, and to use not more than eight percent for State programs and activities and two percent for administration; and (2) allocate 40 percent of the funds for local providers to eligible institutions for school youth programs, and 40 percent to local workforce development boards for at-risk youth programs, with the remainder to go to either or both of such types of programs. Sets minimum grant amounts for local educational agencies, postsecondary institutions, and local development boards. Subtitle B: State Organizational, Planning, and Reporting Requirements - Sets forth title II requirements for State plans to be submitted to the Secretary of Education. (Sec. 222) Requires State programs and activities to include an assessment of programs conducted with title II assistance, including development of: (1) program performance standards and measures; and (2) program improvement and accountability. Lists additional permissible uses of such funds. (Sec. 223) Authorizes States to make performance incentive awards to one or more eligible institutions or local providers that have exceeded performance goals or implemented exemplary workforce development systems at the local level. (Sec. 224) Requires each State receiving title II funds to develop and implement a statewide system of core standards and performance goals and measures, including specified characteristics. Subtitle III: Subgrants for In-School and At-Risk Youth Programs - Requires local workforce development boards and eligible institutions to form partnerships and submit comprehensive workforce development plans for in-school and at-risk youth, in order to receive subgrants under this subtitle. (Sec. 232) Directs States to distribute funds for: (1) in-school youth programs to eligible institutions; and (2) at-risk youth programs to local workforce development boards. Chapter 1: In-School Youth Programs - Sets forth certain requirements for eligible institutions' uses of funds for in-school programs, as well as additional permissible uses of such funds. Chapter 2: At-Risk Youth Programs - Sets forth certain requirements for local workforce development boards' uses of funds for at-risk youth programs, as well as additional permissible uses of such funds. (Sec. 246) Requires that the local workforce development board not operate such programs, but contract with eligible providers of (or providers using methodologies with) demonstrated effectiveness in serving the workforce preparation needs of at-risk youth. Subtitle D: National Programs - Authorizes the Secretary of Education directly or indirectly to carry out research, development, dissemination, demonstration programs, evaluation, capacity-building, and technical assistance activities with regard to services under this title, including support for occupational and career information systems. Directs the Secretary to establish a system to disseminate information resulting from research and development activities under this title. (Sec. 252) Directs the Secretary, through the Office of Educational Research and Improvement, to conduct an annual assessment of services and activities under this title, through competitive awards for independent studies and analyses. (Sec. 253) Authorizes the Secretary to establish one or more national centers in the areas of applied research, development, and dissemination. Provides that the center in existence on the date of enactment of this Act shall continue to receive assistance in accordance with its current award. Requires such centers to prepare annual summaries of key research findings, for submission to the Secretaries of Education and of Labor and specified congressional committees. Title III: Adult Employment and Training Consolidation Grant - Subtitle A: Adult Employment and Training Consolidation Grant - Directs the Secretary of Labor to provide a grant for employment, job training, and related assistance for adults to each State that submits a state workforce development and literacy plan under title I. Sets forth requirements for: (1) allotments to States, based on certain allotments under the Job Training Partnership Act; (2) within- State allocation, with reserved funds for statewide activities, and with mandatory and discretionary activities; (3) additional State plan requirements; (4) required use of funds for provision of core services through one-stop career centers, and permissible uses of funds for specified types of intensive services, education and training services, and additional supportive services and needs-related payments; (4) statewide systems of core standards and performance goals and measures. Subtitle B: Federal Programs - Authorizes the Secretary of Labor to use such certain funds to make national discretionary: (1) grants for dislocated workers to specified eligible entities to address major economic dislocations resulting from plant closures, base closures, or mass layoffs; and (2) incentive grants to States as performance incentive awards for having achieved exceptional performance through implementing statewide workforce development systems. (Sec. 312) Authorizes the Secretary to use such funds also to provide disaster relief employment assistance to Governors of States with areas that have suffered an emergency or major disaster as defined under specified provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (Sec. 313) Directs the Secretary to use such funds also to carry out specified research, demonstration, capacity-building, technical assistance, and evaluation activities. Authorizes special grants to eligible entities to carry out activities most appropriately administered at the national level. (Sec. 314) Authorizes the Secretary to use such funds also to provide grants to States for up to 50 percent of the costs of providing loans to eligible entities for skills upgrading of non- managerial employees. Requires the State to establish: (1) a reserve fund for such loan guarantees with such assistance; and (2) criteria for such loan guarantees. (Sec. 315) Directs the Secretary of Labor to use such funds also to make grants, contracts, or cooperative agreements for specified entities to provide employment, training, and education for Native Americans, Alaska Natives, and Hawaiian Natives. Authorizes a transfer of authority to the Secretary of Labor from the Secretary of Education to carry out any portion of such assistance devoted to vocational education activities, including support for the United Tribes Technical College and Crowpoint Institute of Technology. Allows recipient entities to consolidate such assistance with that for related programs under the Indian Employment, Training, and Related Services Demonstration Act. (Sec. 316) Directs the Secretary of Labor to use such funds also to make grants, contracts, or cooperative agreements with specified eligible entities to provide certain types of employment, training, and education assistance for migrant and seasonal farmworkers. Authorizes a transfer of authority to the Secretary of Labor from the Secretary of Education to carry out any portion of such assistance devoted to education activities. Title IV: Adult Education, Family Literacy, and Library Technology Consolidation Grant - Subtitle A: Funding - Directs the Secretary of Education to reserve specified amounts annually for: (1) national competitive incentive grants; (2) the National Institute for Literacy; and (3) national leadership and evaluation activities. Provides for an initial allotment, and additional allotments to States according to formulas based on State population and number of qualifying adults. Defines qualifying adult as one who is between ages 16 and 61, beyond age of compulsory school attendance, without a secondary school diploma or equivalent, and not currently enrolled in elementary or secondary school. Subtitle B: Grants to States - Directs the Secretary to make an annual grant allotment to a State if it has satisfied requirements under title I and this title and enters an agreement about use of grant funds. (Sec. 422) Requires States to use grant funds to distribute competitive grants to local service providers and provide assistance to the State library administrative agency for specified purposes. Requires local service providers to use their grants from the State to establish or operate one or more programs providing instruction or services within described categories of: (1) adult basic education; (2) adult secondary education; (3) English literacy instruction; and (4) family literacy services. (Sec. 423) Sets forth additional grant requirements, including goals, progress indicators, and performance measures in specified categories. Subtitle C: National Programs - Directs the Secretary of Education to designate up to ten States as meeting the preliminary criterion for receipt of an incentive grant, based on the quality of plans submitted by States for the fiscal year preceding the fiscal year for which the State desires such grant. (Sec. 431) Requires such plans to describe a methodology, along with goals and performance measures, by which the State educational agency will collaborate with other state agencies to provide services to raise the education level and improve the employment skills of these target populations: (1) parents who are educationally disadvantaged adults and who have a child less than eight years old; (2) families on public assistance; and (3) adults with more than one barrier to self-sufficiency, such as being unemployed or educationally disadvantaged. Requires the Secretary to make such grants for a fiscal year to those eligible States that are successfully implementing the plan and achieving the plan goals, under an allotment formula based on State population and success in achieving plan goals. (Sec. 432) Establishes a National Institute for Literacy, to be administered according to an interagency agreement of the Secretaries of Education, of Labor, and of Health and Human Services (the Interagency Group), with daily operations to be carried out by an appointed Institute Director. Establishes an Advisory Board to make recommendations on planning Institute goals and on implementing programs to achieve such goals. Sets forth Institute duties, authorized activities, and biennial reporting requirements. Authorizes the Institute to award literacy leadership fellowships, as well as paid and unpaid internships. (Sec. 433) Authorizes the Secretary to establish and carry out a program of national leadership and evaluation activities to enhance the quality of adult education and family literacy programs nationwide, directly or through grants, contracts, and cooperative agreements. Title V: Amendments to Rehabilitation Act of 1973 - Subtitle A: Vocational Rehabilitation Consolidation Grant - Chapter 1: Transition Period - Directs the Secretary of Education, through the Commissioner of the Rehabilitation Services Administration (RSA), to administer the amendment made by chapter 2 in a specified manner during a transition period. Chapter 2: Revision of Title I of Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to revise title I, Vocational Rehabilitation Services. Directs the Secretary of Education, through the Commissioner of the RSA, to make RA formula grants to States that submit workforce development and literacy plans that meet requirements under this Act. Authorizes appropriations. (Sec. 102) Requires States to reserve not more than ten percent of such a grant for carrying out specified responsibilities of State administrative agents, and at least 90 percent for carrying out certain responsibilities of local workforce development boards and one-stop career centers with respect to workforce development areas. (Sec. 105) Sets forth requirements for: (1) individual eligibility; (2) State Rehabilitation Advisory Councils; and (3) allotment amounts. Subtitle B: Other Amendments to Rehabilitation Act of 1973 - Eliminates RA provisions: (1) (under title III, Training and Demonstration Projects) for vocational rehabilitation services for individuals with disabilities, loan guarantees for community rehabilitation programs, construction of the Commissioner's authority and appropriation of excess funds, migratory workers program grants, special recreational programs grants, and supported employment programs and grants; and (2) (under title VI, Employment Opportunities for Individuals with Disabilities) for community service employment pilot programs for individuals with disabilities, supported employment services for individuals with disabilities, business opportunities for individuals with disabilities, and (after a two-year period) projects with industry. Title VI: Amendments to the Higher Education Act of 1965 - Subtitle A: Student Loan Marketing Association - Amends the Higher Education Act of 1965 (HEA) to provide for the reorganization of the Student Loan Marketing Association (Sallie Mae) through the formation of a holding company and the cessation of Federal sponsorship. Subtitle B: College Construction Loan Insurance Association - Amends HEA to provide for the privatization and renaming of the College Construction Loan Insurance Association and the cessation of Federal sponsorship. Title VII: Repealers and Other Amendments - Repeals: (1) the Carl D. Perkins Vocational and Applied Technology Education Act; (2) the School-to-Work Opportunities Act of 1994; (3) the Adult Education Act; (4) the National Literacy Act of 1991, except certain provisions; (5) the Library Services and Construction Act; (6) the library media resources program under the Technology for Education Act of 1994; (7) the Job Training Partnership Act, except provisions for the Job Corps and its authorization of appropriations; (8) provisions of the Stewart B. McKinney Homeless Assistance Act relating to State literacy initiatives for adult education for the homeless and to job training for the homeless (except homeless veterans' reintegration projects); (9) various provisions under the Higher Education Act of 1965 (including ones relating to articulation agreements, access and equity to education through telecommunications, academic libraries and information services, national early intervention scholarships, presidential access scholarships, model program community partnerships and counseling grants, database and information line on student financial assistance, technical assistance for teachers and counselors, State student incentive grants, special programs for students whose families are engaged in migrant and seasonal farmwork, special child care services for disadvantaged college students, loan forgiveness for teachers and nurses and individuals performing national community service, training in financial aid services, State postsecondary review entity programs, State and local programs for teacher excellence, national teacher academies, Douglas teacher scholarships, the Teacher Corps, class size demonstration grants, middle school teaching demonstration programs, new teaching careers, national mini corps programs, demonstration grants for critical language and area studies, foreign languages and cultures instructional materials development, small State teaching initiatives, faculty development grants, early childhood staff training and professional enhancement, intensive summer language institutes, foreign language periodicals, academic and library facilities, cooperative education programs, women and minority participation in graduate education, Harris fellowships, Javits fellowships, faculty development fellowships, legal training for the disadvantaged, law school clinical programs, special projects in areas of national need, science and engineering access programs, women and minorities science and engineering outreach demonstration programs, Eisenhower leadership programs, and community service programs); (10) provisions of the Education Amendments of 1986 relating to a National Academy of Science study and to American Indian, Alaska Native, and Native Hawaiian culture and art development; (11) provisions of the Education Amendments of 1992 relating to American Indian postsecondary economic development scholarships, American Indian teacher training, a national survey of factors associated with participation, a study of environmental hazards in higher education institutions, a national job bank for teacher recruitment, a national clearinghouse for postsecondary education materials, school-based decisionmakers, sexual offenses education, Olympic scholarships, and advanced placement fee payment programs.
United States · United States Congress · 11 May 1995
National Senior Citizens Pet Ownership Protection Act - Amends the Housing and Urban-Rural Recovery Act of 1983 to prohibit owners and managers of federally assisted rental housing from preventing elderly and disabled tenants from owning or having household pets.
United States · United States Congress · 3 May 1995
Makes a veteran exposed to herbicides in Vietnam during the Vietnam era eligible for hospital and nursing home care for any disease for which the National Academy of Sciences, in a report issued under the Agent Orange Act of 1991, has determined that: (1) there is sufficient evidence to conclude a positive association between the occurrence of the disease and exposure to a herbicide; (2) there is evidence suggestive of such an association, though the evidence is limited; or (3) available studies are insufficient to permit such a conclusion. Makes a veteran exposed to radiation during a period of active duty for training or inactive duty training eligible for hospital and nursing home care for: (1) any diseases currently listed in Federal provisions which presume a relation between such disease and a veteran's disability; or (2) any disease for which the Secretary of Veterans Affairs determines there is credible evidence of a positive association between the occurrence of such disease and exposure to ionizing radiation. Extends through December 31, 1997, the authorized period for the provision of hospital, nursing home, and outpatient care for certain veterans, including those herbicide- or radiation-exposed veterans described in this Act.
United States · United States Congress · 3 May 1995
False Identification Act of 1995 - Amends the Federal criminal code to reduce the minimum number of documents to three (currently, five) for certain offenses involving fraud and related activity in connection with identification documents. Sets criminal penalties for knowingly sending through the mails or producing, with the intention or knowledge that it will be deposited for mailing, any unverified identification document that bears a birth date showing the individual named in the document to be 21 years of age or older, when in fact that individual has not attained age 21.
United States · United States Congress · 3 May 1995
Giving Incentive and Volunteer Empowerment (GIVE) Act - Amends the Internal Revenue Code to increase (to a specified percentage above the regularly allowed amount) the tax deduction for charitable contributions by allowing a taxpayer to elect to treat a contribution made not later than the tax return filing date for the taxable year as made on the last day of such taxable year. Allows individuals who do not itemize deductions a charitable contribution deduction to the extent the amount claimed exceeds $1,000 ($2,000 in the case of a joint return). Excepts charitable contribution deductions from the overall limitation on itemized deductions.
United States · United States Congress · 2 May 1995
Extends through December 31, 1997, the authority of a director of a Department of Veterans Affairs health care facility to use local labor market salary data to determine appropriate salaries for Department nurse anesthetists.
United States · United States Congress · 2 May 1995
Extends through December 31, 1997, the following authorities of the Department of Veterans Affairs: (1) the authority to provide outpatient services to Persian Gulf veterans exposed to toxic substances or environmental hazards during such service; (2) the authority to contract with community-based treatment facilities for the care of eligible veterans suffering from alcohol or drug dependence or abuse disabilities (also extends a certain evaluation in connection with such treatment); (3) the authority to enter into agreements with States and nonprofit organizations for the provision of housing assistance for homeless veterans ( requires a report); (5) the Department's health professionals scholarship program (requires a report); (6) the authority of the Secretary of Veterans Affairs to enter into enhanced-use leases of Department real property; (7) the authority under the Veterans' Benefits and Services Act of 1988 for a pilot program providing community-based residential care for homeless chronically mentally ill veterans; and (8) the Department's compensated work therapy and therapeutic transitional housing program. Extends through December 31, 1996, a pilot program for determining noninstitutional alternatives to veterans' nursing home care (requires a report). Repeals the authority of the Secretary to make contracts and grants for providing care and treatment for veterans at the Department's Veterans Memorial Medical Center in the Philippines. Authorizes the Secretary to carry out the Department's major medical facility projects and leases for which funds are requested in the President's FY 1996 budget and for which authorization is required. Authorizes FY 1996 appropriations to the Secretary for such projects and leases, with limitations.
United States · United States Congress · 7 April 1995
Propane Education and Research Act of 1995 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not to exceed the average annual salary of Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.
United States · United States Congress · 7 April 1995
TABLE OF CONTENTS: Title I: Reforms to Improve the Accuracy of the Federal Credit Reform Act with Respect to Budget Scoring the Cost of the Federal Direct Student Loan Program Title II: Phase-Out of the Federal Direct Student Loan Program Title III: Improvements to the Federal Family Education Loan Program Student Loan Privatization Act of 1995 - Title I: Reforms to Improve the Accuracy of the Federal Credit Reform Act with Respect to Budget Scoring the Cost of the Federal Direct Student Loan Program - Amends the Congressional Budget Act to revise its Federal Credit Reform Act provisions relating to budget accuracy of accounting for Federal costs associated with the Federal Direct Student Loan Program. Title II: Phase-Out of the Federal Direct Student Loan Program - Amends the Higher Education Act of 1965 (HEA) to direct the Secretary of Education to phase-out the Federal Direct Student Loan Program (FDSL) in a specified manner. Eliminates related requirements involving loan volume limits and administrative expenses for such program. Repeals HEA authority for such program as of the end of FY 1997. Title III: Improvements to the Federal Family Education Loan Program - Amends HEA to revise provisions under the Federal Family Education Loan Program (FFEL) relating to: (1) recovery of guaranty agency reserves; and (2) return to the Treasury of reserve funds returned or recovered by the Secretary. Terminates FDSL consolidation loan authority. Consolidates FDSL program loans under the FFEL program. Prohibits certain administrative funds from being expended to support public relations activities (by Department of Education employees or pursuant to contracts with the Department) or marketing of institutions to encourage participation in the FDSL program. Provides for sale of FDSL loan portfolios. Directs the Secretary to provide a copy of all reports and analyses prepared in connection with auctions, for purposes of such sales, to the Directors of the Congressional Budget Office and of the Office of Management and Budget. Requires all proceeds received as a result of such auctions to be returned to the Department of the Treasury after deduction of connected expenses incurred by the Department of Education.
United States · United States Congress · 7 April 1995
Citizens' Protection From Violent Crime Act of 1995 - Amends the Federal criminal code to set mandatory prison terms for possessing, brandishing, or discharging a firearm or destructive device during a Federal or State crime that is a serious violent felony or serious drug offense, with exceptions involving defense of person or property during the course of a crime committed by another person. Sets forth penalties for second or subsequent convictions. Bars the court from imposing probation or a concurrent term of imprisonment for offenses under this Act. Prohibits releasing any such individual for any reason during a term of imprisonment imposed under this Act. Requires the court to sentence a person convicted of transporting, receiving, or possessing a firearm or ammunition in interstate commerce to not less than five years in prison if the person has a prior conviction for a serious violent felony and not less than ten years in prison if the person has two such prior convictions. Makes certain serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Includes within the definition of "crime of violence" specified offenses relating to the possession of explosives and firearms by convicted felons. Directs the Attorney General to establish an armed violent criminal apprehension program. Declares that a person not prohibited by Federal law from receiving a firearm shall have the right to use firearms within a home in defense of self or other persons against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury. Authorizes a person whose right is violated to bring an action in U.S. district court against a person or government. Sets forth provisions regarding attorney's fees and the statute of limitations. Repeals the ban on semiautomatic firearms and on large capacity ammunition feeding devices under the Violent Crime Control and Law Enforcement Act of 1994.
United States · United States Congress · 7 April 1995
Expresses the sense of the Congress that: (1) Taiwan deserves full participation, including a seat, in the United Nations (UN) and its related agencies; and (2) the U.S. Government should immediately encourage the UN to take action by considering the unique situation of Taiwan in the international community and adopting a comprehensive solution to accommodate Taiwan in the UN and its related agencies.
United States · United States Congress · 6 April 1995
Amends the Indian Child Welfare Act of 1978 to require that determinations of status as: (1) an Indian child be prospective from date of birth; and (2) a member of an Indian tribe be prospective from tribal membership. States that for the purposes of any child custody proceeding involving an Indian child, retroactive effect of tribal membership shall not be permitted.
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 · 4 April 1995
Exempts registered nurses, physician's assistants, and expanded-duty dental auxiliaries of the Veterans Health Administration (VHA) of the Department of Veterans Affairs from Federal provisions prohibiting VHA employees from assuming responsibility for the medical care of any patient other than a patient admitted for treatment at a Department facility.
United States · United States Congress · 4 April 1995
Clinical Laboratory Improvement Act Amendments of 1995 - Exempts a physician clinical office laboratory from Public Health Service Act certification requirements, except when such laboratory performs a Pap Smear (Papanicolaous Smear) analysis.
United States · United States Congress · 4 April 1995
Amends the Legislative Branch Appropriations Act, 1991 to revise the formula for the official mail allowance for Members of the House of Representatives (thereby reducing the amount allowed) for the second session of the 104th Congress, the first session of the 105th Congress, and each session thereafter. Requires any unobligated funds remaining in a Member's official mail allowance at the end of the period of time for which they are available for obligation to be deposited into the Treasury and applied toward reducing the Federal budget deficit.
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: Community Reinvestment Act Amendments Subtitle C: Consumer Banking Reforms Subtitle D: Equal Credit Opportunity Act Amendments Subtitle E: Consumer Leasing Act Amendments Subtitle F: Federal Home Loan Bank Amendments Title II: Streamlining Government Regulations Subtitle A: Regulatory Approval Issues Subtitle B: Streamlining of Government Regulations; Miscellaneous Provisions Title III: Lender Liability Financial Institutions Regulatory Relief Act of 1995 - Title I: Reductions in Government Overregulation - Subtitle A: The Home Mortgage Process - Amends the Real Estate Settlement Procedures Act (RESPA) to transfer regulatory authority to the Board of Governors of the Federal Reserve System (the Board) from the Secretary of Housing and Urban Development. Eliminates redundant regulators by adding certain administrative enforcement provisions. (Sec. 102) Amends the Truth in Lending Act (TILA) and RESPA to provide for comparability of terms. (Sec. 103) Provides for increased regulatory flexibility and exemptive authority for the Board under TILA. (Sec. 104) Provides for reductions in RESPA regulatory burdens with respect to: (1) lenders' disclosures to federally related mortgage loan applicants relating to assignment, sale, or transfer of loan servicing; (2) second mortgages; and (3) consistency of RESPA and TILA exemption of business loans. (Sec. 105) Provides for alternative disclosures for adjustable rate mortgages under TILA. (Sec. 106) Amends TILA with respect to treatment of certain charges, including third party fees, taxes on security instruments or evidences of indebtedness, preparation of loan documents, and fees relating to pest infestations, inspections, and hazards. (Sec. 107) Exempts from rescission, under TILA, certain transactions (other specified types of mortgages) which constitute refinancings or consolidations of existing extensions of credit and which are secured by a first lien. (Sec. 108) Adds to TILA provisions relating to tolerances for accuracy and to the basis of disclosure for per diem interest. (Sec. 109) Amends TILA to establish certain limitations on liability, including: (1) limitations on liability for disclosures relating to certain fees and charges other than finance charges; and (2) an exemption from liability for finance charge disclosures within tolerance limits. (Sec. 111) Sets forth a limitation on the rescission period under TILA. (Sec. 112) Revises TILA provisions for the calculation of actual damages. (Sec. 113) Makes assignees liable, under specified TILA provisions, only if violations are apparent on the face of transaction documents. Provides that a servicer of a consumer credit transaction shall not be treated as: (1) an assignee for liability purposes unless the servicer is the owner of the obligation; or (2) the owner on the basis of an assignment for administrative convenience. (Sec. 114) Revises certain TILA provisions for recovery of fees. (Sec. 115) Repeals a provision of the Housing and Urban Development Act of 1968 for homeownership debt counseling notification. (Sec. 116) Amends the Home Mortgage Disclosure Act of 1975 to revise exemption provisions. Exempts from coverage under such Act specified types of institutions with total assets, in their last full fiscal year, of $50 million or less (currently $10 million or less). Authorizes the Board to exempt those with greater assets where the burden of compliance outweighs the usefulness of the information required to be disclosed. Provides that a depository institution satisfies certain public availability of information requirements if: (1) such information is kept at the home office; (2) notice that such information is available through request to the home office is posted at the specified branch locations; and (3) the information is supplied to the requester in a paper copy or, if acceptable to the requester, via a form of electronic medium. Subtitle B: Community Reinvestment Act Amendments - Amends the Community Reinvestment Act of 1977 (CRA) to revise the expression of congressional intent. (Sec. 122) Exempts a regulated financial institution from the examination requirements of, or any regulations issued under, CRA if: (1) its main office (and each branch) is located in a local government unit with a population of not more than 30,000, which is not part of a metropolitan statistical area; and (2) the institution and its parent bank holding company have aggregate assets of not more than $100 million (to be adjusted annually by the annual percentage increase in the consumer price index for urban wage earners and clerical workers). (Sec. 123) Provides for self-certification of CRA compliance by qualifying financial institutions, with certain public notice requirements. (Sec. 124) Adds provisions for community input and conclusive rating, including requirements for publication of exam schedule, opportunity for comment, evaluation by the appropriate Federal financial supervisory agency, and procedures for requests for reconsideration of rating. (Sec. 125) Directs Federal financial supervisory agencies, in conducting certain CRA assessments, to develop compliance standards consistent with the specific nature of special purpose banks (which do not generally accept retail deposits, such as credit card banks and trust banks). (Sec. 126) Gives institutions credit, for purposes of satisfying CRA requirements, for investments in, and loans, to: (1) minority or women's depository institutions; and (2) joint ventures or other entities or projects providing benefits to distressed communities (whether such institutions or communities are located within or outside of the regulated financial institution's service area. (Sec. 127) Prohibits regulations requiring certain additional recordkeeping and reporting under CRA. (Sec. 128) Applies a requirement of metropolitan area distinctions only to institutions that maintain domestic branches in two or more States. (Sec. 129) Amends the Federal Home Loan Bank Act to make certain reporting requirements inapplicable to members receiving an outstanding or satisfactory grade under specified CRA provisions. Subtitle C: Consumer Banking Reforms - Amends the Truth in Savings Act (TISA) to prohibit depository institutions or deposit broker from making misleading or inaccurate advertisements or disclosures. Repeals TISA provisions relating to disclosure of interest rates and terms of accounts, account schedules, disclosure requirements for certain accounts, distribution of schedules, periodic statements, civil liability, and effect on State law. Revises provisions for regulations and definitions. (Sec. 132) Amends the Electronic Fund Transfer Act (EFTA) to revise provisions relating to unauthorized electronic fund transfers. (Sec. 133) Amends TILA to add provisions relating to cardholder liability for unauthorized use of credit cards. (Sec. 134) Amends the Federal Deposit Insurance Act to revise provisions for regulations governing insured banks to allow depository institutions or their affiliates or subsidiaries to transfer information among themselves without any restriction or limitation if such possible information sharing is disclosed and the consumer is given the opportunity to direct that such information not be so communicated, prior to initial communication. (Sec. 135) Revises EFTA definitions of: (1) accepted card or other means of access; and (2) account. Subtitle D: Equal Credit Opportunity Act Amendments - Equal Credit Opportunity Act Amendments of 1995 - Combines and simplifies the adverse action notification requirements of the Equal Credit Opportunity Act (ECOA) and the Fair Credit Reporting Act (FCRA). (Sec. 143) Revises ECOA requirements for written notifications of, and statements of reasons for, adverse actions to be given to credit applicants. Exempts from liability for a violation of such requirements any persons who show by a preponderance of the evidence that at the time of the alleged violation they maintained reasonable procedures to assure compliance with such requirements. (Sec. 144) Revises specified FCRA requirements on users of consumer reports to eliminate coverage of credit denials and of adverse actions based on reports of persons other than consumer reporting agencies. (Sec. 145) Amends ECOA and the Fair Housing Act to add incentives for self-testing. (Sec. 146) Provides that creditors shall be deemed in compliance with ECOA nondiscrimination requirements with respect to any credit decision based solely on the use of an empirically derived, demonstrably and statistically sound, credit scoring system if such system does not use: (1) any protected category; or (2) any criterion so directly associated as to be a functional equivalent of such a category. (Does not preclude using age as a factor in such a system as otherwise permitted under ECOA.) Subtitle E: Consumer Leasing Act Amendments - Consumer Leasing Act Amendments of 1995 - Amends the Consumer Credit Protection Act (CCPA) to direct the Board to: (1) write regulations or staff commentary to update and clarify requirements and definitions for lease disclosures, contracts, and other issues related to consumer leasing which would carry out the purposes of the Consumer Leasing Act; and (2) publish model disclosure forms and clauses to facilitate compliance with such disclosure requirements and aid the consumer in understanding the transaction. (Sec. 154) Revises CCPA provisions for consumer lease disclosures to require prior separate leasing disclosures of specified items in a tabular format. (Sec. 155) Revises CCPA provisions relating to consumer lease advertising. Subtitle F: Federal Home Loan Bank Amendments - Amends the Federal Home Loan Bank Act (FHLBA) to revise an FHLB system membership eligibility location requirement to allow institutions to apply for membership in an adjoining district, for the institution's convenience, with Federal Housing Finance Board (FHFB) approval. (Sec. 162) Revises FHLBA audit provisions to: (1) prohibit the FHFB from participating in the hiring of external auditors by banks; (2) permit the FHFB to establish requirements for external audit contracts and accounting standards; and (3) require all 12 banks to contract for an annual audit with a single provider. Title II: Streamlining Government Regulations - Subtitle A: Regulatory Approval Issues - Amends the Bank Holding Company Act (BHCA) to revise and streamline notice and other requirements relating to both nonbanking and bank acquisitions by well-capitalized and well-managed banking organizations. (Sec. 203) Amends the Federal Deposit Insurance Act to eliminate: (1) Bank Merger Act filing and approval requirements for insured depository institutions already controlled by the same holding company; and (2) redundant approval requirements for "Oakar" transactions (generally, conversion, by acquisition or similar means, of a Bank Insurance Fund member to a Savings Association Insurance Fund member, or vice versa). (Sec. 205) Amends the Home Owners' Loan Act to eliminate duplicative requirements imposed on bank holding companies. (Sec. 206) Eliminates a BHCA requirement that approval be obtained for divestitures. (Sec. 207) Eliminates specified requirements for certain branch applications by: (1) national banking associations, under the Revised Statutes relating to banks and banking; (2) State member banks, under the Federal Reserve Act (FRA); and (3) State nonmember banks, under the Federal Deposit Insurance Act (FDIA). (Sec. 208) Eliminates branch applications and requirements for automatic teller machines (ATMs) and similar facilities, under the Revised Statutes and FDIA. (Sec. 209) Eliminates a requirement for approval of investments in bank premises for well-capitalized and well-managed banks. (Sec. 210) Eliminates specified filing requirements under FDIA for officer and director appointments. (Sec. 211) Streamlines the BHCA process for determining new nonbanking activities. Subtitle B: Streamlining of Government Regulations; Miscellaneous Provisions - Eliminates the per-branch capital requirement for national banks and State member banks under the Revised Statutes. (Sec. 222) Revises FDIA requirements relating to notification of branch closures to exempt specified entities under certain conditions. (Sec. 223) Amends the Depository Institutions Management Interlocks Act to exempt management officials of depository institutions or holding companies with small market shares from prohibitions against dual service with unaffiliated institutions or companies in the same area, town, or village. Revises provisions relating to dual service among larger organizations. Extends a specified grandfather exemption which allows certain management officials to continue to serve despite interlocks prohibitions. (Sec. 224) Abolishes the Appraisal Subcommittee established under the Federal Financial Institutions Council Act of 1978, and consolidates its functions into the Financial Institutions Examination Council. Amends the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) to revise provisions relating to rosters of State certified or licensed appraisers. Provides for reduction of assessments on appraisers. (Sec. 225) Eliminates certain recordkeeping and reporting requirements relating to loans to executive officers under FRA and BHCA. Permits extensions of credit made under certain FRA provisions pursuant to a benefit or compensation program widely available to employees of the member bank. (Sec. 226) Amends FDIA to provide for expanded regulatory discretion for small bank examinations. (Sec. 227) Amends the Right to Financial Privacy Act to revise cost reimbursement provisions to specifically include corporate customers under references to customer records. (Sec. 228) Amends specified Federal law relating to money and finance to eliminate certain provisions requiring depository institutions to identify their nonbank financial institution customers. (Sec. 229) Requires each appropriate Federal banking agency to conduct a paperwork reduction review. (Sec. 230) Repeals certain reporting requirements under the Federal Deposit Insurance Corporation Improvement Act of 1991. (Sec. 231) Directs the Secretary of the Treasury to revise a specified regulation under the Securities Exchange Act of 1934 to provide for daily confirmations for hold-in-custody repurchase transactions. (Sec. 232) Requires the Financial Institutions Examining Council to carry out, and report to the Congress on, a regulatory review of regulations. (Sec. 233) Amends the International Lending Supervision Act to: (1) grant Federal banking agencies discretion in imposing certain country risk requirements with respect to reserves; and (2) repeal certain additional country risk reserve requirements. (Sec. 234) Revises specified FDIA audit provisions with respect to exemptions due to costs. Authorizes the Federal Deposit Insurance Corporation and the appropriate Federal banking agency to designate certain information in such audits as privileged, confidential, and not available to the public. (Sec. 235) Sets forth certain due process protections under FDIA and the Federal Credit Union Act. (Sec. 236) Revises FDIA provisions relating to: (1) culpability standards for outside directors; and (2) rules on deposit taking. (Sec. 238) Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to revise the transition period for new regulations. (Sec. 239) Amends the International Banking Act of 1978 to revise provisions relating to foreign bank applications and examinations. (Sec. 241) Amends TILA to revise provisions relating to second mortgages. Title III: Lender Liability - Amends FDIA to add provisions relating to lender, fiduciary, and Government agency environmental liabilities.
United States · United States Congress · 29 March 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, the alternatives pose 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 the alternatives pose 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 12 months of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Directs the Administrator to assure coordination of minor use issues through the establishment of a minor use program. Establishes and authorizes funding for a Department of Agriculture minor use matching fund program. Requires the program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations.
United States · United States Congress · 29 March 1995
Congressional Pension Reform Act of 1995 - Provides for the deduction and withholding of seven percent (currently, eight and seven and one-half percent, respectively) of the basic pay of a Member of Congress or congressional employee under the Civil Service Retirement System, thus making such deduction and withholding equivalent to that of a Federal employee. Makes provisions regarding immediate retirement, entitlement to annuities, and deferred retirement for Federal employees applicable to Members. Removes specified provisions regarding annuities, reduced annuities, and deferred retirement for Members. Removes a provision that entitles a Member to an annuity if he or she serves in nine Congresses. Continues the applicability of existing provisions regarding immediate Member annuities and deferred retirement with respect to Members serving on or after this Act's effective date who, as of the day before such effective date, satisfy the existing age and service requirements for entitlement to immediate annuities or deferred retirement. Revises the formula for computing annuities of Members and congressional employees with at least five years of service to restrict creditable service to service performed before this Act's enactment date. Makes similar amendments with respect to the computation of Federal Employees' Retirement System (FERS) annuities for Members and congressional employees. Makes the reduction in annuity for Federal employees retiring before age 55 applicable to Members as well. Repeals provisions that provide for a different reduction formula for Members. Repeals provisions concerning: (1) annuities for surviving spouses of Members entitled to deferred annuities; (2) the treatment of annuities during periods of reemployment; and (3) eligibility for annuities of Members or survivors. Makes deductions and withholding and the formula for Government contributions under FERS for Members and congressional employees conform to those of Federal employees.
United States · United States Congress · 28 March 1995
Comprehensive Wetlands Conservation and Management Act of 1995 - Amends the Federal Water Pollution Control Act to prohibit, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters, including wetlands at a specific disposal site; or (2) the draining, channelization, or excavation of wetlands. Requires the Secretary, upon receiving permit applications, to: (1) classify as Type A wetlands that are of critical significance to the long-term conservation of the aquatic environment and meet other specified requirements; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands functions or are lands that do not serve significant wetlands functions. Authorizes persons with ownership interests in property to request the Secretary to make determinations as to whether the property contains U.S. waters or is a wetland. Subjects such determinations to judicial review. Directs the Federal Government to compensate a property owner whose use of the property has been limited by an agency action under this Act that diminishes the fair market value of the property by at least 20 percent. Requires the compensation to equal the diminution in value resulting from such action. Directs the Federal Government, at the owner's option, to buy the portion of property for fair market value if the diminution in value is greater than 50 percent. Prohibits compensation with respect to agency actions: (1) the primary purpose of which is to prevent a public health or safety hazard or damage to specific property other than the property whose use is limited; or (2) pursuant to the Federal navigation servitude except as such servitude applies to wetlands. Sets forth procedures for owners seeking compensation and notice requirements for agencies taking actions to limit the use of private property. Applies compensation provisions only to surface interests or water rights, with specified exceptions for oil, gas, or mineral interests beneath or adjacent to Type A or B wetlands. Requires the Secretary to determine whether to issue a permit for an activity in Type A wetlands based on a sequential analysis that seeks to avoid or minimize adverse actions on wetlands and compensate for losses of functions that cannot be avoided or minimized. Authorizes mitigation requirements when appropriate to prevent loss or degradation of Type A wetlands. Permits the Secretary to issue a permit for activities in Type B wetlands if the issuance of the permit is in the public interest, balancing the foreseeable benefits and detriments resulting from the permit. Imposes requirements for mitigation when such activities result in permanent wetland loss or degradation. Directs the Secretary to issue regulations for the establishment and oversight of mitigation banks for wetlands. Requires the Secretary, at the option of the permit applicant, to issue permits authorizing activities in Type A and B wetlands in States with substantial conserved wetlands areas subject to the following requirements. Permits the Secretary to include conditions for minimization of adverse impacts when economically practicable. Prohibits any requirements for mitigation to compensate for adverse impacts in such permits. Directs the Secretary, upon application by owners of economic base lands in a State with substantial conserved wetlands, to issue individual and general permits for activities in waters or wetlands. Reduces requirements to allow such lands to be beneficially used to sustain economic activity and to reflect the social and economic needs of Alaska Natives to utilize such lands. Exempts specified activities from this Act's requirements. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires wetlands located on agricultural lands and associated non-agricultural lands to be delineated by the Secretary of Agriculture in accordance with the Food Security Act of 1985. Exempts from the requirements of this Act agricultural lands that are exempt from the requirements of the Food Security Act of 1985. Requires the Secretary and the Secretary of Agriculture to undertake a project to identify and classify U.S. wetlands. Directs the Secretary to establish procedures pursuant to which: (1) landowners may appeal determinations of regulatory jurisdiction over a parcel of property, wetlands classifications with respect to property, or determinations that an activity does not qualify under a general permit; (2) any person may appeal a determination that a proposed activity is not exempt (non-exempt activities require permits); (3) permit applicants may appeal determinations to deny issuance of a permit or to impose a requirement under the permit; and (4) landowners or others required to restore or alter property may appeal an order to do so. Provides that persons who have filed appeals shall not be required to pay penalties or perform mitigation or restoration until the appeal has been decided. Authorizes civil actions and prescribes penalties for permit violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval. Deems specified activities associated with cranberry production operations to be in compliance with provisions regarding effluent limitations, subject to certain conditions. Directs the Secretary, in implementing responsibilities under the regulatory program, to balance the objective of conserving functioning wetlands with the objectives of ensuring continued economic growth, providing essential infrastructure, maintaining strong State and local tax bases, and protecting against the diminishment and value of private property. Requires the Secretary and the heads of Federal agencies to seek to minimize the effects of the regulatory program on the use and value of private property. Directs the Secretary to develop procedures for facilitating actions necessary to respond to emergency conditions under this Act which may involve loss of life or property damage. Provides that no U.S. waters or wetlands shall be subject to this Act based solely on the fact that migratory birds use or could use the waters or wetlands. Provides for reevaluation of determinations of regulatory jurisdiction or permit conditions imposed before this Act's enactment upon the request of a permit holder. Authorizes modification or suspension of permits, as appropriate. Bars compensation to persons as a result of such reevaluation and continues activities in Type A wetlands without permit modification.
United States · United States Congress · 21 March 1995
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that require employees to pay union dues or fees as a condition of employment.
United States · United States Congress · 14 March 1995
Amends the Portal-to-Portal Act of 1947 to provide that an employer does not have to pay minimum wages or overtime compensation to an employee for or on account of such employee's use of employer-owned vehicles for traveling to and from the actual place of performance of the principal activity which such employee is employed to perform (thus relieving the employer of liability and punishment, under the Fair Labor Standards Act of 1938, Walsh-Healey Act, and Davis-Bacon Act, for failure to pay such wage or compensation for the time of such use).
United States · United States Congress · 14 March 1995
Capitol Visitor Center Authorization Act of 1995 - Authorizes the Architect of the Capitol (AOC), under the direction of the U.S. Capitol Preservation Commission, to: (1) plan, construct, equip, administer, and maintain a Capitol Visitor Center under the East Plaza of the Capitol; and (2) reconstruct the environs of the East Plaza to enhance its attractiveness, safety, and security. Requires the AOC to complete engineering and architectural designs and cost estimates for construction of the Center and to report to specified congressional committees and the Commission on the results. Prohibits the AOC from beginning the construction of the Center until the cost estimates are approved by resolutions adopted by such committees. Establishes in the Treasury an Architect of the Capitol, Capitol Buildings and Grounds, Capitol Visitor Center, Gifts and Donations account. Authorizes the: (1) AOC to enter into contracts, using noncompetitive procedures, to carry out this Act with respect to the Center; and (2) Commission to establish and delegate its functions under this Act to a Special Committee which shall provide the AOC with all necessary oversight ant direction. Limits funding for the payments of expenditures incurred by the AOC in providing for the Center to amounts in the account established by this Act.
![Official portrait of Sen. Hutchinson, Tim [R-AR]](https://www.congress.gov/img/member/h001015_200.jpg)