United States · United States Congress · 15 March 1996
TABLE OF CONTENTS: Title I: National Tourism Board Title II: National Tourism Organization Travel and Tourism Partnership Act of 1996 - Title I: National Tourism Board - Establishes the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. tourism. Title II: National Tourism Organization - Directs the President to provide for the establishment of the National Tourism Organization as a non-Federal nonprofit organization to implement the national travel and tourism strategy developed by the Board. Requires the head of a Federal agency, upon request, to provide technical assistance to the Organization to assist it in carrying out its purposes. Requires the head of each Federal agency maintaining offices in a foreign country to incorporate in their programs and activities some that implement the recommendations of the Organization and Board. Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee's (TPCC) Federal trade promotion plan to reflect Board recommendations. Makes the President of the Organization a member of TPCC.
United States · United States Congress · 13 March 1996
Revises Federal criminal code provisions regarding using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime to increase mandatory minimum sentences for criminals possessing firearms under such circumstances.
United States · United States Congress · 13 March 1996
Independent Contractor Tax Simplification Act of 1996 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, a payor shall not be treated as an employer, and compensation paid or received for such service shall not be treated as paid or received with respect to employment if certain conditions are met.
United States · United States Congress · 29 February 1996
Commends: (1) the Secretary of the Army for convening a study to determine whether racial bias and procedural violations resulted in medals not being awarded to black American members of the Army for their acts of distinguished or heroic service in World War II; and (2) the Senior Army Decorations Board for convening to review cases pertaining to certain Black American members of the Army for their acts of conspicuous gallantry in that war. Urges the President to endorse the recommendations of the Board.
United States · United States Congress · 27 February 1996
TABLE OF CONTENTS: Title I: General Provisions Title II: Assistance for Education of All Children with Disabilities Title III: Systems Change Title IV: Research and Personnel Preparation Title V: Technical Assistance, Support, and Dissemination of Information Title VI: Infants and Toddlers with Disabilities Individuals with Disabilities Education Act Amendments of 1996 - Revises the Individuals with Disabilities Education Act (IDEA) and extends its authorization of appropriations through FY 2002. Title I: General Provisions - Revises IDEA to declare that the right to equal educational opportunities for all children with disabilities is guaranteed by the equal protection clause of the 14th Amendment to the Constitution. (Sec. 103) Allows the Office of Special Education Programs to accept voluntary and uncompensated services. (Sec. 104) Revises requirements for: (1) prescribing regulations; (2) eligibility for financial assistance; and (3) discretionary grant programs. Requires the Secretary of Education to develop and implement a comprehensive plan for activities under titles IV and V of this Act. Provides for specified enhanced services to children with disabilities. Lists entities eligible for awards. Authorizes the Secretary to limit, without rulemaking, competitions to projects that give priority to one or more targeted areas, if each project addresses the needs of children with disabilities and their families. Provides for application management, including a peer review process. Authorizes the Secretary to use certain funds for: (1) payments to nonfederal entities for administrative support; (2) Federal employees to monitor projects; and (3) evaluation of program activities carried out under these programs. (Sec. 107) Repeals IDEA provisions for: (1) acquisition of equipment and construction of necessary facilities; and (2) grants for the removal of architectural barriers. Title II: Assistance for Education of All Children with Disabilities - Revises entitlements and allocations for assistance for education of all children with disabilities. (Sec. 201) Authorizes States to determine whether to make subgrants smaller than a specified minimum amount to some local education agencies (LEAs). (Sec. 202) Revises and consolidates State eligibility and planning provisions. Provides that, if a child with a disability qualifies for special education, that child does not have to be classified by a specific impairment or condition. Requires the State educational agency (SEA) to: (1) examine data to determine if significant racial disproportionality is occurring in the identification or placement of children under IDEA; and (2) review and revise policies accordingly. Provides that, if a hearing officer agrees with the parents' unilateral placement of a child with a disability in a private school, the LEA may be required to reimburse the parents. Requires a non-educational agency, if it is responsible for services necessary to ensure a free appropriate public education for children with disabilities, to pay for or provide such services directly or by contract or other arrangements. Requires States to: (1) ensure that interagency agreements or other mechanisms are in effect between educational agencies and non-educational agencies for defining respective financial responsibilities, resolving interagency disputes, and interagency coordination; and (2) establish a mechanism by which LEAs may seek reimbursement from agencies for the costs of providing related services. Revises requirements for a comprehensive system of personnel development. Allows LEAs to use appropriately trained and supervised paraprofessionals. Requires States to: (1) establish performance goals and indicators for children with disabilities; (2) ensure that these children participate in general State and district-wide assessments, with appropriate accommodations, where necessary; and (3) develop guidelines for participation in alternative assessments for those children who cannot participate in such general State and district-wide assessments. Consolidates funding and public participation requirements. Revises requirements for State advisory panels and their duties. Repeals requirements for three-year State plans. (Sec. 203) Revises LEA and SEA eligibility and maintenance of effort requirements, with specified exceptions. Allows specified activities, regardless of certain excess cost and noncommingling of funds requirements, including: (1) incidental benefits to non-disabled students; (2) simultaneous services on a space-available basis to non-IDEA-eligible children with disabilities protected under the Americans with Disabilities Act (ADA); (3) a coordinated services system that links education, health, and social welfare services, systems, and entities to improve educational and transitional results for all children and their families; and (4) a school-based improvement plan. Revises requirements for LEA involvement with a State's Comprehensive System of Personnel Development. (Sec. 204) Revises and consolidates specified requirements for State and local administration of evaluations, reevaluations, individualized education programs (IEPs), and educational placements. Revises IEP content to: (1) focus on measurable annual objectives; and (2) emphasize ensuring that each child, as appropriate, has the opportunity to progress in the general curriculum, and to participate with nondisabled children in various environments. Requires consideration of transition services needs: (1) for all students with disabilities beginning at age 14 (or younger, under specified circumstances); (2) under the applicable components of the IEP; and (3) in light of the student's participation in the general curriculum. Provides for transfer of rights at the age of majority. (Sec. 205) Repeals certain IDEA provisions relating to Elementary and Secondary Education Act of 1965 (ESEA) State agencies. (Sec. 206) Revises procedural safeguards, including provisions for written notices to parents. Requires States to make mediation available to parents of children with disabilities in disputes with LEAs on any matter regarding the identification, evaluation, or educational placement of a child or the provision of free appropriate public education. Permits the transfer of parental rights to a student with disabilities upon reaching the age of majority under State law. Requires the State to have procedures for appointing the parent or another person to represent the student's interests if, under State law, such a student is determined not to have the ability to provide informed consent. (Sec. 207) Revises requirements for: (1) withholding of payments to non-compliant States and judicial review of such determinations; (2) rulemaking on compliance and eligibility; (3) evaluation and program information; (4) preschool grants; and (5) payments. (Sec. 209) Requires the Secretary to: (1) conduct studies and evaluations to assess the effectiveness of efforts to provide free appropriate public education and early intervention services, including assessing the placement of children with disabilities by disability category; and (2) conduct a longitudinal study that measure the educational and transitional services provided to and results achieved by children with disabilities under IDEA. Title III: Systems Change - Establishes a program to promote systems change to improve educational and transitional services and results for children with disabilities. Authorizes competitive grants to SEAs, in partnership with LEAs and other interested individuals, agencies, and organizations, to improve such services and results on a system-wide basis. Allows grant recipients to collaborate in systems change activities with those in other States, through joint arrangements with institutions of higher education and sharing of staff and consultants. Requires coordination with this program of activities under titles IV and V. Authorizes appropriations. (Sec. 302) Extends authorities and authorizations of appropriations relating to centers and services to meet special needs of individuals with disabilities, including regional centers for the deaf. Title IV: Research and Personnel Preparation - Establishes a new program (in part by consolidating certain current activities) for improving early intervention, educational, and transitional services and results for children with disabilities through coordinated research and personnel preparation. (Consolidates current part D personnel preparation provisions and current part E research provisions.) (Sec. 401) Authorizes research and innovation grants and contracts for: (1) new knowledge production in learning styles, instructional approaches, behavior management, assessment tools, assistive technology, program accountability and personnel preparation models; (2) integration of research and practice, through demonstration and dissemination of successful practice; and (3) improvement in the use of professional knowledge by teachers, parents, and others in their classrooms and other learning settings. Authorizes personnel preparation grants and contracts in the areas of: (1) high incidence disabilities, such as learning disabilities, mental retardation, and behavior disordered groups; (2) leadership preparation; (3) low-incidence disabilities, such as sensory impairment, multiple disabilities, and severe disabling conditions; and (4) projects of national significance. (Sec. 402) Makes conforming amendments to the Higher Education Act of 1965, Goals 2000: Educate America Act, and the Rehabilitation Act of 1973. (Sec. 403) Extends the authorization of appropriations for training personnel for the education of individuals with disabilities. Title V: Technical Assistance, Support, and Dissemination of Information - Establishes a new program (in part by consolidating certain current activities) for improving early intervention, educational, and transitional services and results for children with disabilities through coordinated technical assistance, support, and dissemination of information. (Sec. 501) Authorizes grants and contracts for: (1) parent training and information centers and community programs; (2) coordinated technical assistance, support, and dissemination; and (3) technology and media activities. Authorizes appropriations. (Sec. 502) Makes conforming amendments to IDEA and the Developmental Disabilities Assistance and Bill of Rights Act. (Sec. 503) Extends various authorities and authorizations of appropriations. Title VI: Infants and Toddlers with Disabilities - Revises the program for infants and toddlers with disabilities, with respect to: (1) encouraging States to expand opportunities for infants and toddlers with disabilities who are at risk of having substantial developmental delays if early intervention services are not provided; (2) continuing eligibility; (3) statewide system requirements; (4) the individualized family service plan; (5) allocation and use of funds; (6) procedural safeguards; (7) State Interagency Coordinating Council duties; and (8) Federal Interagency Coordinating Council (FICC) membership and duties. (Sec. 615) Directs the FICC to convene a panel of experts to develop recommendations for a model definition of developmental delay. Allows the use of funds for referring at risk infants and toddlers, in those States not currently serving them, to other IDEA services. Permits planning for transition to preschool services to begin up to six months before the child's third birthday, if parents and agencies agree. (Sec. 616) Authorizes appropriations.
United States · United States Congress · 27 February 1996
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
United States · United States Congress · 30 January 1996
Prohibits the President or the Secretary of the Treasury from providing assistance under the exchange stabilization fund to the Government of Mexico, unless the President submits a written statement to the Congress that such Government has: (1) taken immediate action to comply with all outstanding requests for extradition by the United States; (2) enacted and implemented effective laws on money laundering; (3) taken adequate steps to ensure that narcotics or other illegal drug traffickers are not able to acquire any interest in any governmental institution or former institution, including any bank; (4) enacted and implemented effective laws for the inspection and licensing of transportation vehicles, and their owners and operators, to assist in the detection, seizure, and prosecution of such illegal drug traffickers; (5) enacted and implemented effective laws to control the import and export of major precursor chemicals for certain drugs; (6) taken specific action to arrest Mexican drug cartel leaders and others involved in organized crime in Mexico; (7) established a thorough program for the interdiction of illegal drugs flowing across the U.S.-Mexican border, including air transportation of narcotics within Mexico; (8) taken specific action to identify and prosecute civilian and military officials involved in drug trafficking, money laundering, bribery, or other such conduct; and (9) allowed for the seizure, through asset forfeiture, of money and property derived through fraud or any other illegal activity, including illegal drug trafficking.
United States · United States Congress · 30 January 1996
Directs the Secretary of Transportation not to approve any application of a Mexican motor carrier of property to provide service across the U.S.-Mexico boundary line or by a Mexican owned enterprise established in the United States to transport cargo in foreign commerce, until: (1) certain certifications are made to the Congress regarding Mexico's attempt to combat international narcotics trafficking, and Mexican motor carrier compliance with certain U.S. safety and insurance requirements; and (2) a joint resolution of approval is enacted.
United States · United States Congress · 30 January 1996
Commends the men and women who have served or are presently serving in the American Foreign Service and honors those who have given their lives in the line of duty. Designates the first Friday in May 1996 as American Foreign Service Day.
United States · United States Congress · 30 January 1996
Declares that the President should not certify, pursuant to provisions of the Foreign Assistance Act of 1961 denying U.S. or multilateral development bank assistance to major illicit drug producing drug-transit countries, that: (1) Mexico has cooperated fully with the United States in controlling narcotic and psychotropic drugs and other controlled substances and activities relating to such drugs and substances; and (2) vital U.S. national interests require such assistance for Mexico.
United States · United States Congress · 26 January 1996
Agricultural Market Transition Act of 1996 - Subtitle A: Agricultural Market Transition Program - Authorizes the Secretary of Agriculture (Secretary) to enter into production flexibility contracts through crop year 2002 with eligible agricultural operators and owners with respect to conservation, wetlands, and planting flexibility requirements. Requires contracts to be entered into by April 15, 1996, with certain exceptions for conservation reserve lands. Defines eligible "owners and operators" and "farmland." Sets forth: (1) contract payment amounts for each of FY 1996 through 2002 and allocation amounts for wheat, corn, grain sorghum, barley, oats, upland cotton, and rice; and (2) annual payment rate factors. Permits any commodity or crop to be planted on contract acreage with special provisions and limitations for fruit and vegetables, haying and grazing, alfalfa, and legumes. (Sec. 14) Directs the Secretary to make nonrecourse marketing assistance loans for crop years 1996 through 2002 to producers of wheat, feed grains (corn, grain sorghum, barley, and oats), upland and extra long staple cotton, and oilseeds (sunflower, canola, rapeseed, safflower, mustard, flaxseed, and other oilseeds). Sets forth commodity loan rate, term, and repayment provisions. Directs the Secretary to make loan deficiency payments to producers (of other than extra long staple cotton) who forego obtaining such nonrecourse loans in an amount equal to the difference between a commodity's loan rate and repayment level. Establishes special marketing loan provisions for upland cotton, including: (1) cotton user marketing certificates; (2) a special import quota; and (3) a limited global import quota for upland cotton. (Sec. 15) Establishes fiscal year payment limitations for individuals of: (1) $40,000 for flexibility contracts; and (2) $75,000 for marketing loan and loan deficiency payments. (Sec. 16) Directs the Secretary to: (1) make nonrecourse loans available to quota peanut producers at $610 per ton and to additional peanut producers at appropriate rates; (2) make related warehouse storage loans available; (3) provide for marketing area pools for quota and additional peanuts, with separate pools for New Mexico-produced Valencia peanuts; (4) require that all domestic and export peanuts comply with specified quality standards; and (5) provide for a nonrefundable marketing assessment. Provides that: (1) net gains from each marketing pool shall be distributed only to pool producers; and (2) losses in quota pools shall be covered using a specified order of priority. Prohibits the Secretary from making quota peanut loans if producers have disapproved poundage quotas. Amends the Agricultural Adjustment Act of 1938 with regard to the peanut program to: (1) extend peanut quota provisions through crop year 2002; (2) eliminate the minimum national poundage quota; (3) eliminate seed peanuts from the national poundage quota determination; (4) create a temporary quota allocation for seed peanuts; (5) eliminate the Texas increased quota allocation; and (5) authorize transfers of additional peanuts to the quota pool where natural disasters prevented quota poundage harvesting and marketing. (Sec. 17) Directs the Secretary to make recourse loans available to processors of domestically grown sugarcane and sugar beets at 18 cents per pound and 22.9 cents per pound, respectively. Sets loan terms at the earlier of nine months or the end of the fiscal year, with supplemental loans available for loans made in the last three months of a fiscal year. Authorizes the Secretary to provide nonrecourse loans when the imported tariff rate quota for sugar imports exceeds 1.5 million short tons raw value. Sets forth first processor sugarcane and sugar beet marketing assessment rates for FY 1996 through 2003, which shall be collected monthly and remitted to the Commodity Credit Corporation (CCC). Sets forth enforcement and reporting provisions. Amends the Agricultural Adjustment Act of 1938 to repeal marketing allotment provisions. Makes this section applicable to the 1996 through 2002 crops of sugarcane and sugar beets. (Sec. 18) Directs the Secretary to carry out the provisions of this subtitle through the CCC. (Sec. 19) Repeals the Agricultural Act of 1949, with specified sections transferred to the Agricultural Adjustment Act of 1938. (Eliminates permanent price support authority.) Makes conforming amendments to the Agricultural Act of 1938. Subtitle B: Conservation - Amends the Food Security Act of 1985 to provide mandatory FY 1996 through 2002 funding through the CCC for the conservation reserve and wetlands programs, and the livestock environmental assistance program. Establishes the livestock environmental assistance program to provide FY 1996 through 2002 technical assistance and cost-sharing and incentive payments to livestock producers who enter into land management and structural contracts to protect water, soil, and related resources from livestock-related degradation. (Makes waste management facility construction ineligible for cost-sharing payments.) Replaces wetlands reserve program permanent easement authority with 15-year easement authority. Limits conservation reserve program total acreage enrollment to 36.4 million acres. Authorizes producers to terminate program participation. Prohibits new acreage enrollment in 1997. Subtitle C: Agricultural Promotion and Export Programs - Amends the Agricultural Trade Act of 1978 to: (1) authorize specified FY 1996 through 2002 appropriations for the market promotion program; and (2) authorize specified FY 1996 through 2002 funding from the CCC for the export enhancement program. Subtitle D: Miscellaneous - Amends the Federal Crop Insurance Act to authorize the Secretary, in consultation with insurance providers, to offer catastrophic risk protection in a State (or portion of a State) through local Department of Agriculture offices if the Secretary determines insufficient coverage is otherwise available. Provides for the transfer of current policies to private insurers. States that beginning with the spring-planted 1996 crop catastrophic coverage shall not be required for agricultural program benefits if the producer signs a written emergency crop loss assistance waiver. Extends crop insurance provisions to seed crops. (Sec. 52) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize the Secretary to collect fees to cover the costs of providing import quarantine and inspection services. Establishes in the Treasury the Agricultural Quarantine Inspection User Fee Account. (Sec. 53) Increases the CCC interest rate applicable to agricultural commodity loans by 100 basis points.
United States · United States Congress · 26 January 1996
Provides that during the two-year period beginning on the date of enactment of this Act: (1) the Office of Federal Investigations (Office) within the Office of Personnel Management (OPM) shall continue to perform all of its current functions; and (2) the number of full-time equivalent positions within the Office shall not be reduced. Requires the General Accounting Office and OPM to report to the Congress on the potential consequences of the termination of the Office and the privatization of current Office functions.
United States · United States Congress · 23 January 1996
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal.
United States · United States Congress · 22 December 1995
Accountable Pipeline Safety and Partnership Act of 1995 - Amends Federal natural gas and hazardous liquid pipeline safety transportation law to revise the exclusion from the meaning of the term "transporting gas" (thus from coverage by such law) of the gathering of gas in a rural area outside a populated, non-rural area to specified locations outside the limits of any incorporated or unincorporated city, town, or village. Extends coverage, however, to the movement of gas through regulated lines, regardless of location. (Sec. 4) Repeals the mandate that Federal minimum safety standards for pipeline transportation and pipeline facilities to include a requirement that all individuals responsible for the operation and maintenance of pipeline facilities be tested for their qualifications. Requires only that they be qualified. Requires such qualifications to address the ability to recognize and react to abnormal operating conditions that may indicate a dangerous situation or a condition exceeding design limits. Directs the Secretary of Transportation, in prescribing minimum safety standards for pipeline transportation and pipeline facilities, to: (1) consider compliance costs and any comments and recommendations received; (2) prepare a risk assessment document assessing costs and benefits under such standards; and (3) submit each such document to either the Technical Pipeline Safety Standards Committee or the Hazardous Liquid Pipeline Safety Standards Committee, as appropriate. Requires such committees, serving as peer review panels, to evaluate and report to the Secretary on such documents. Directs the Secretary to review such evaluations and certify that the incremental benefits of a standard will likely justify its incremental costs. Authorizes the Secretary to suspend the application of a standard during an emergency. Requires a report from the Secretary to the Congress on the implementation of the risk assessment requirements of this section. Directs the Secretary, to the extent appropriate and practicable, to update incorporated industry standards that have been adopted as part of the Federal pipeline safety regulatory program. (Sec. 5) Directs the Secretary to establish risk management demonstration projects under which owners and operators of gas pipeline and hazardous liquid pipeline facilities voluntarily demonstrate applications of risk management. Authorizes the Secretary, during a demonstration project, to waive the applicability of all or a portion of safety standards that would otherwise apply. Outlines demonstration project requirements. (Sec. 6) Eliminates the application of certain inspection and maintenance requirements to persons who transport gas or hazardous liquids. Repeals the requirement of biennial pipeline facility inspections (leaving their frequency to the Secretary's discretion). (Sec. 7) Requires the Secretary to prescribe regulations that establish criteria by which operators of hazardous liquid pipeline facilities and gathering lines shall identify each such facility or line that crosses waters where a substantial likelihood of commercial navigation exists. (Currently, such requirement applies to all navigable waters, regardless of such likelihood.) Requires the Secretary, when identifying an area as unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident, to consider including locations that are critical to drinking water, as well as critical wetlands, national parks, wilderness and wildlife preservation areas, wild and scenic rivers, and critical habitat areas for threatened or endangered species. Repeals the mandate to consider earthquake and landslide zones, freshwater lakes, rivers and waterways, and river deltas and other areas subject to soil erosion or subsidence from flooding. (Sec. 8) Authorizes the Secretary to adopt industry accepted performance standards for the performance of excess flow valves used to protect lines in a natural gas distribution system. (Sec. 9) Repeals the requirement that the Secretary promote the adoption of measures to improve the safety of customer-owned natural gas service lines. (Sec. 10) Redesignates the one-call notification system as the underground facility damage prevention program. Repeals the requirement for criminal penalties in regulations establishing a one-call notification system with respect to the safety of pipeline facilities. (Sec. 11) Requires the Technical Pipeline Safety Standards Committee and the Technical Hazardous Liquid Pipeline Safety Standards Committee to serve as peer review committees. Deems such service to be in compliance with the requirements of other applicable Federal statutes. Requires committee members to be experienced in risk management. Requires at least one of the individuals selected for each committee from the natural gas or hazardous liquid industry and from the general public to have education, background, or experience in risk assessment and cost-benefit analysis. Requires the Secretary, when presenting each committee each standard proposed for transporting gas and hazardous liquid and for gas and hazardous liquid pipeline facilities, to include a risk assessment document and other supporting analyses. Requires each committee to meet with the Secretary at least four times (currently, twice) annually. (Sec. 12) Requires each owner or operator of a natural gas pipeline facility to provide a program for educating the public on the use of an underground facility damage prevention program prior to excavation. Repeals the requirement that persons transporting gas conduct public education programs. (Sec. 13) Authorizes the Secretary to enter into grants and other cooperative agreements with any State, local government, or private entity to carry out pipeline safety programs, including the development, improvement, and promotion of "one-call" damage prevention programs, research, risk assessment, and mapping. (Sec. 14) Deems owners and operators of pipeline facilities who participate in risk management demonstration projects to be in compliance with safety standards or regulatory requirements prescribed under such project. (Sec. 15) Subjects to civil and criminal penalties any person who knowingly and willfully excavates and subsequently damages a pipeline facility and does not report such damage promptly to the operator of the pipeline facility and other appropriate authorities. (Sec. 16) Changes from annual to biennial certain required reports from the Secretary to the Congress concerning gas and hazardous liquid transportation safety requirements. (Sec. 17) Directs the Secretary to make available to the appropriate official of each State the land use recommendations contained in the special report entitled "Pipelines and Public Safety." Requires the evaluation and implementation of recommendations contained in such report. (Sec. 18) Directs the Secretary to analyze and report to the Congress on the assessment of pipeline safety user fees based solely on mileage and the Secretary's determinations with respect to such assessment. (Sec. 19) Prohibits any person from excavating for unauthorized disposal (dumping) of solid waste within the right-of-way of an interstate gas or hazardous liquid pipeline facility. (Sec. 20) Authorizes the Secretary to conduct promotional activities relating to prevention of damage to gas and hazardous liquid pipelines. (Sec. 22) Extends and increases annually through FY 1999 the authorization of appropriations for gas and hazardous liquid pipeline safety programs and activities carried out through the Department of Transportation.
United States · United States Congress · 22 December 1995
Continues existing average fuel economy standards for passenger and non-passenger automobiles until such standards are specifically amended or changed by law.
United States · United States Congress · 21 December 1995
Land Disposal Program Flexibility Act of 1995 - Amends the Solid Waste Disposal Act (SWDA) to exempt from land disposal restrictions (other than requirements pertaining to applicable specific methods of treatment promulgated by the Administrator of the Environmental Protection Agency under SWDA) solid waste identified as hazardous based on characteristic alone if such waste: (1) is managed in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under the Federal Water Pollution Control Act (Clean Water Act), undergoes pretreatment for purposes of compliance with toxic and pretreatment effluent standards of such Act, or is managed under a zero-discharge system that the Administrator determines to be engaging in Clean Water Act-equivalent treatment; (2) no longer exhibits such characteristic prior to land disposal; (3) has met any applicable specific method of treatment promulgated by the Administrator; and (4) would not generate toxic gases, vapors, or fumes due to the presence of cyanide at the point of generation when exposed to pH conditions of a specified range. Requires the Administrator to conduct a study of hazardous waste managed in accordance with this Act to characterize the risks to human health or the environment associated with such management, upon completion of which the Administrator may impose additional requirements or defer management of such risks to other State or Federal programs or authorities. Amends SWDA to exempt from land disposal restrictions solid waste identified as hazardous based on characteristic alone if the waste no longer exhibits a hazardous characteristic at the point of injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act.
United States · United States Congress · 21 December 1995
Congratulates Frederick P. Hitz on his five-year anniversary as the first statutory Central Intelligence Agency Inspector General. Expresses support for the Office of the CIA Inspector General.
United States · United States Congress · 20 December 1995
Antimicrobial Pesticide Registration Reform Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to exclude: (1) bacteria from the definition of "fungus"; and (2) liquid chemical sterilant products for use on a critical or semi-critical medical or dental device from the definition of "pesticide." Directs the Administrator of the Environmental Protection Agency to: (1) coordinate data requirements, test protocols, timetables, and standards of review and reduce burdens and redundancy caused to the registrant, whenever data in support of a pesticide registration is requested by one or more State or Federal agencies; and (2) develop a process to identify and assist in alleviating future disparities between Federal and State data requirements. Provides, with respect to the labeling of an antimicrobial pesticide product, that: (1) a registrant may modify the labeling to include relevant information on the product's efficacy, composition, or container or other characteristics unrelated to a pesticidal claim or activity; (2) such labeling shall not be false or misleading or in conflict with statements required as a condition of registration and be substantiated upon request; (3) modifications shall be subject to a notification and approval process; and (4) different cautionary statements for use dilutions may be included in the labeling upon approval of the Administrator. Directs the Administrator, to the maximum extent practicable, to identify and evaluate changes to the process for registration of antimicrobial pesticides that will reduce current time periods for review. Details rulemaking requirements regarding the review of such pesticides. Requires an annual report to the Congress on measures taken to effect such changes. Exempts from applicability of certain FIFRA storage, disposal, transportation, and container requirements household, industrial, or institutional antimicrobial products that are not subject to regulation under the Solid Waste Disposal Act, unless the Administrator determines that their application is necessary to prevent an unreasonable adverse effect on the environment.
United States · United States Congress · 20 December 1995
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project (project) to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided through DOD to certain Medicare-eligible covered military beneficiaries. Requires the project to be conducted in one or more regions in which the TRICARE program (a DOD managed health care program) has been implemented. Allows such project to be conducted for up to two years. Requires such Secretaries to jointly submit to the Congress a first annual report and a final report containing specified information concerning project participants and such project's effects on military medical care access, readiness, and training. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs such Secretaries to jointly: (1) establish a base level of TRICARE coverage required in a geographic region for eligibility under the project; (2) determine baseline costs of such care and coverage; and (3) establish upper reimbursement limits. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project. Establishes in the Treasury the Medicare Subvention Fund (Fund) for providing payments to the HHS Secretary for reimbursement of the HHS trust funds and for the payment of all expenses related to the participation of Medicare-eligible covered military beneficiaries in excess of the base level established under this Act, as well as administrative expenses. Authorizes appropriations for FY 1997 and 1998 for deposit into the Fund to carry out the purposes of this Act.
United States · United States Congress · 15 December 1995
TABLE OF CONTENTS: Title I: Equal Protection for Victims Title II: Domestic Violence Victim Rights and Domestic Violence Prevention Act of 1995 - Title I: Equal Protection for Victims - Amends: (1) rule 24 of the Federal Rules of Criminal Procedure to entitle each side to six peremptory challenges if the offense charged is punishable by imprisonment for more than one year; (2) rule 32 regarding the victim's right of allocution in sentencing; and (3) rule 404 of the Federal Rules of Evidence regarding rebuttal of attacks on the victim's character. (Sec. 104) Enacts Rules of Professional Conduct for Lawyers in Federal Practice. (Sec. 105) Amends: (1) the Federal criminal code to repeal a requirement that notice of release of prisoners be used solely for law enforcement purposes; and (2) the Federal judicial code regarding the balance in the composition of rules committees. Title II: Domestic Violence - Amends the Federal criminal code to provide for the death penalty for fatal domestic violence offenses. (Sec. 202) Amends: (1) rule 404 of the Federal Rules of Evidence regarding evidence of the defendant's disposition towards the victim in domestic violence and other cases; and (2) rule 702 of the Federal Rules of Evidence regarding battered women's syndrome evidence. (Sec. 204) Requires: (1) the testing of defendants for the human immunodeficiency virus (HIV) in sexual assault cases, with exceptions, with disclosure of the results to the court, the victim, the attorney for the Government, and the person tested; (2) that test results disclosed be subject to requirements of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA); (3) that any test result of the defendant given to the victim or the defendant be accompanied by appropriate counseling, unless the recipient does not wish to receive such counseling; and (4) the United States Sentencing Commission to amend existing guidelines for sex crime offenses to enhance the sentence if the offender knew that he was infected with HIV, with exceptions. Revises VCCLEA to authorize the Government to obtain an order requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome and that the results be communicated to the victim's parent or legal guardian, as appropriate. Modifies requirements to be met by the victim to obtain an order for such test.
United States · United States Congress · 13 December 1995
TABLE OF CONTENTS: Title I: Mission and Accountability Title II: Expedited Access to Products for Seriously Ill Patients Title III: Revitalizing the Investigation of New Products Title IV: Efficient, Accountable, and Fair Product Review Title V: Drug, Biological Products, Devices Export Reform Title VI: Drug and Biological Products Regulatory Reform Title VII: Device Regulatory Reform Title VIII: Animal Drug Regulatory Reform Title IX: Food Regulatory Reform Food and Drug Administration Performance and Accountability Act of 1995 - Title I: Mission and Accountability - Food and Drug Administration Regulatory Reform Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth a Food and Drug Administration (FDA) mission statement. (Sec. 103) Mandates: (1) performance standards for FDA product reviews; (2) an applicant-accessible information system; and (3) a procedure regarding policy statements of general applicability. (Sec. 106) Authorizes the Commissioner of Food and Drugs to delegate authority related to scientific review groups to a center director. (Sec. 107) Requires an intra-FDA appeal system. Empowers any person to request an evaluation by a scientific review group. Title II: Expedited Access to Products for Seriously Ill Patients - Patient Rights Regulatory Reform Act of 1995 - Establishes or modifies requirements regarding: (1) distribution of an investigational drug or device for a serious condition; (2) humanitarian device exemptions; and (3) a time limit for approval of certain biological product or new drug applications. Title III: Revitalizing the Investigation of New Products - Investigational Products Regulatory Reform Act of 1995 - Regulates: (1) automatic commencement of new drug clinical investigations; (2) criteria for the safety information that must be initially submitted; (3) regarding a mechanism to ensure the fair application of clinical investigation safety standards; (4) investigational device exemptions; and (5) concerning meetings between the sponsor proposing a preclinical or clinical investigation and the Secretary. Title IV: Efficient, Accountable, and Fair Product Review - Product Review Regulatory Reform Act of 1995 - Establishes or modifies requirements regarding: (1) a mechanism to ensure fair and consistent filing requirements; (2) automatic classification in the class specified by the sponsor; (3) criteria for the information to be included in the application; (4) contracts with outside organizations and individuals to review applications; (5) collaborative review; (6) accreditation of organizations to conduct good manufacturing practice inspections; (7) environmental consideration of FDA action; (8) dissemination of certain information on treatment use of investigational new drugs, a use of a new drug for which approval is in effect, and a use of a device produced by a registered manufacturer; (9) approval of a new use drug, biological product, or device application; and (10) the matters that may be considered in determining effectiveness. Title V: Drug, Biological Products, Devices Export Reform - Drug, Biological Products, Devices Export Reform Act of 1995 - Revises requirements regarding the importing and exporting of a drug, biological product, or device. (Sec. 503) Amends the Public Health Service Act to modify partially processed biological product export requirements. Title VI: Drug and Biological Products Regulatory Reform - Drug and Biological Product Regulatory Reform Act of 1995 - Amends the FDCA with regard to: (1) what constitutes substantial evidence; (2) using a small facility to demonstrate the safety and effectiveness of a new drug or biological product; and (3) requirements regarding changes in the manufacture of a new drug, biological product, or new animal drug. (Sec. 605) Repeals provisions regarding the certification of drugs containing insulin or containing antibiotics. Allows export of insulin and antibiotics in certain circumstances. (Sec. 606) Amends the Public Health Service Act to regulate biological products in interstate commerce. (Sec. 607) Mandates proposed regulations governing products of human tissue and cell therapy. Title VII: Device Regulatory Reform - Medical Device Reform Act of 1995 - Amends the FDCA to establish or modify requirements regarding: (1) premarket notification requirements; (2) device classification standards; and (3) the circumstances in which device tracking or postmarket surveillance may be required. (Sec. 706) Removes references to distributors from provisions relating to records and reports on devices. Removes provisions regarding reports of removals and corrections. (Sec. 707) Modifies premarket approval requirements. (Sec. 708) Establishes procedures regarding the recognition of an existing performance standard for a device. Title VIII: Animal Drug Regulatory Reform - Animal Drug Regulatory Reform Act of 1995 - Sets forth what constitutes substantial evidence. Regulates what must be considered in evaluating an animal drug containing more than one active ingredient or to be used in combination with other drugs. Modifies approval and residue requirements. (Sec. 804) Sets forth the circumstances in which an animal drug will be considered adulterated. Title IX: Food Regulatory Reform - Food Regulatory Reform Act of 1995 - Establishes an alternate approval procedure for an indirect food additive (a food additive intended to contact food but not intended for consumption as a food ingredient).
United States · United States Congress · 13 December 1995
Expresses congressional: (1) opposition to President Clinton's decision to deploy U.S. military ground forces into the Republic of Bosnia and Herzegovina to implement the General Framework Agreement for Peace in Bosnia and Herzegovina and its associated annexes; and (2) support for U.S. military personnel who may be ordered by the President to implement such Agreement.
United States · United States Congress · 7 December 1995
Rodeo Freedom Act of 1995 - Prohibits the Secretary of Health and Human Services and the Commissioner of Food and Drugs from having authority under the Federal Food, Drug, and Cosmetic Act to regulate: (1) activities of sponsors or sponsorship programs connected with professional rodeo associations (including the Professional Rodeo Cowboy Association); or (2) advertising used or purchased by or in connection with professional rodeo associations (including the Professional Rodeo Cowboy Association).
United States · United States Congress · 8 November 1995
Surface Mining Control and Reclamation Amendments Act of 1995 - Amends the Surface Mining Control and Reclamation Act of 1977 to: (1) repeal certain oversight functions of the Office of Surface Mining Reclamation and Enforcement; (2) provide for an approved State program for surface coal mining and reclamation operations which shall apply in that State in lieu of the Act; (3) declare the Act inapplicable to surface coal mining and reclamation operations within a State with an approved State program until such program has been amended, and the permittee has been provided reasonable time to conform operations to the amended program; and (4) declare that operations in compliance with a permit issued under the Act shall be deemed to be in compliance with its environmental protection standards and those of an approved State or Federal program pursuant to the Act. Amends enforcement guidelines to grant a State regulatory authority sole enforcement responsibility for the Act and relevant State law, subject only to State administrative and judicial review. Confers enforcement responsibility for Federal water quality laws (including State law enacted pursuant thereto) upon the regulatory authority approved by the Environmental Protection Agency. Revises judicial review guidelines to: (1) repeal the provision construing the availability of judicial review of a State regulatory authority as not limiting the operation of rights with respect to citizens' suits to compel compliance with Federal law; and (2) declare that an action by the Secretary of the Interior regarding inadequate State enforcement is subject to judicial review by the U.S. district court for the district which includes the capital of the State whose program is at issue. Establishes a three-year statute of limitations for an enforcement proceeding under this Act. Redefines surface coal mining operations to exclude public roads from the regulatory purview of the Act.
United States · United States Congress · 7 November 1995
Amends the Fair Housing Act to establish State control over fair housing cases involving occupancy standards within its jurisdiction. Prohibits the Secretary of Housing and Urban Development from establishing a de jure or de facto national occupancy code.
United States · United States Congress · 6 November 1995
Condemns the assassination of Israeli Prime Minister Yitzhak Rabin. Extends condolences to his family and to all the people of Israel. Expresses admiration for his historic contributions and support for the government of Acting Prime Minister Shimon Peres. Reaffirms a commitment to the process of building a just and lasting peace between Israel and its neighbors. Provides for the adjournment of the Senate as a further mark of respect for Rabin.
United States · United States Congress · 2 November 1995
Fair Debt Collection Practices Amendments Act of 1995 - Amends the Fair Debt Collection Practices Act to limit the exclusion from its purview of debt collection activities by a Federal or State official to collection of debts owed to the Federal or a State government, respectively. (Sec. 3) Permits a debt collector to acquire income, assets, or credit information from a person other than the debtor's attorney if the attorney refuses to provide such information. (Sec. 4) Revises procedural guidelines for: (1) debt validation; (2) legal actions by debt collectors; and (3) limitations on damages, including repeal of the allowance of up to $1,000 in additional damages. Provides that this Act: (1) supersedes any State law creating a private right of action against a debt collector; (2) does not provide a remedy for any violation of State law regarding debt collection practices; and (3) does not establish any liability or penalty for violation of State law unless such violation also constitutes a violation under this Act.
United States · United States Congress · 2 November 1995
Small Business Metrification Amendments of 1995 - Amends the Metric Conversion Act of 1975 to define specified terms, including "hard metric conversion" and "soft metric conversion". Prohibits Federal agencies from: (1) using construction or procurement guidelines that require the use of a hard-metric conversion or product; and (2) establishing bidding requirements or preferences for federally-assisted construction contracts that mandate the use of hard-metric products if soft-metric production is feasible, and, as certified by an industry representative, hard-metric alternatives are not readily available, would exceed specified capital costs, and would result in negligible trade benefits.
United States · United States Congress · 31 October 1995
Prohibits any member of the armed forces from being required to wear any uniform item or insignia which indicates an allegiance to or affiliation with the United Nations.
United States · United States Congress · 26 October 1995
Endangered Species Habitat Protection Act of 1995 - Amends the Internal Revenue Code to allow landowners of qualified acreage a credit, for agreement to manage such lands for the preservation of endangered species, in an amount equal to the lesser of: (1) the applicable acreage rate of the qualified acreage; or (2) $50,000. Provides for recapture of the credit if the taxpayer transfers the qualified acreage without also transferring the obligations for such acreage. Prohibits making a payment to an owner under capital gain and loss provisions if that owner has indicated an intention to claim an income tax credit or deduction for participation. Provides for a deduction for the donation of property as a conservation easement. Provides for the valuation of property which provides for the protection of endangered species. Provides an additional deduction on State and local real property taxes paid or accrued on property subject to an endangered species conservation agreement. Prohibits the deduction in certain cases. Authorizes the Secretary of the Interior to cooperate fully with the appropriate States, tribes, and other non-Federal persons, including consultation with such persons before the acquisition or interest of any land or water for the conservation of endangered and threatened species. Sets forth provisions providing for the Secretary to enter into a cooperative management agreement with non-Federal persons for the management of: (1) endangered and threatened species or group of species; or (2) a candidate species or group of candidate species. Directs that a cooperative management agreement shall remain in effect and not be required to be amended to include subsequent listing of endangered or threatened species not applicable to such agreement. Allows the Secretary to provide a habitat conservation grant to certain non-Federal persons for the purpose of conserving, preserving, or improving the habitat of endangered and threatened species. Allows a grant to be transferred to subsequent property owners.
United States · United States Congress · 26 October 1995
Endangered Species Conservation Act of 1995 - Amends the Endangered Species Act of 1973 (the Act) to revise the findings, purposes, and policy of the Act. Declares it to be congressional policy to conserve endangered and threatened species and to equally consider the conservation of listed species, preservation of economic growth, maintenance of a strong tax base, and protection against the diminishment of the use and value of private property. (Sec. 3) Revises definitions under the Act, including the definition of: (1) "critical habitat" to mean the specific areas within the geographic area occupied by an endangered or threatened species, at the time the species is listed, that contain such physical or biological features as are essential to the conservation of the species and the persistence of the species for at least seven human generations (with "human generation" meaning 20 years) and as may require special management considerations or protection; and (2) "endangered species" to mean any species that, if no action were taken under the Act, would be placed on an irreversible course to extinction within two human generations, with exceptions. (Sec. 4) Modifies provisions regarding the determination of an endangered or threatened species to require the Secretary of the Interior (Secretary) to: (1) make such determination on the basis of the best scientific and commercial data available after requesting the Endangered Species Commission (established under this Act) to conduct a scientific review; and (2) give priority to species the conservation of which is most likely to reduce the need to list other species dependent on the same habitat, and consideration to species identified as a known source of pharmaceutical or agricultural biochemicals. Requires the Secretary to designate, and make revisions regarding, critical habitat on the basis of the best new scientific data available. Specifies that: (1) the information shall include data documenting the biological vulnerability of, and threats to, the species or habitat of the species; and (2) failure to so document the information shall result in a presumption that the petition is inadequate. Directs the Secretary, if such a petition is found to present the information, to: (1) provide a copy of the petition to the State having jurisdiction over the area in which the species is believed to occur; and (2) invite the determination of the State as to whether the petitioned action is warranted, promptly request the Commission to conduct a scientific review of any new information presented by the petition with respect to the status of the species, and promptly publish each finding made in the Federal Register. Sets forth or modifies provisions regarding: (1) judicial review of such findings; (2) endangered species determinations with regard to foreign species; (3) notice of regulations (requiring a readily understandable, nontechnical explanation of the reasons for and purpose of the proposed regulation, an analysis concluding that the conservation benefit outweighs any negative conservation impact of the regulation, and a summary of the findings of the assessment team based on the required review); and (4) State review of such regulations (including scientific review of conflicts between the Secretary and the affected State). Requires the Commission to conduct, at least once every five years, a review of all species included in a list of endangered or threatened species and to report the results to the Secretary. Sets forth procedures for changes in the status of a species. Repeals provisions regarding the development and implementation of recovery plans by the Secretary for the conservation and survival of listed species. (Sec. 5) Directs the Secretary, in cooperation with the States having jurisdiction over areas in which listed species are believed to occur, on the basis of the best scientific and commercial data available, and considering the options presented by the Commission, to develop and implement conservation plans to provide for the conservation of the species and the habitats on which the species depend, with exceptions. Requires the Secretary, in developing a conservation objective and plan for a foreign species, to: (1) act in a manner consistent with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Convention); and (2) cooperate with and support any conservation strategy adopted for the species by each foreign nation in which the species occurs. Directs the Secretary, Federal agencies, and the States to minimize adverse social and economic consequences and impacts on private property that may result from the implementation of conservation plans. Sets forth provisions regarding: (1) the establishment of conservation objectives; (2) schedules for conservation plan preparation; (3) priorities of plans; (4) alternative strategies; (5) procedures for the preparation of proposed and final plans; (6) publication of final plans; and (7) participation by other persons in developing and implementing such plans. Directs the Secretary to designate critical habitat that supports the conservation objective of the Secretary for the species and to revise a critical habitat designation. Permits the Secretary to elect not to designate any critical habitat for the species where the designation is not prudent or determinable. Requires that such designation or revision be made on the basis of the best scientific and commercial data available after taking into consideration the availability of substitute habitat in mitigation banks or from other sources and the economic or any other relevant impact. Directs the Secretary to exclude any area from critical habitat for which the Secretary determines that the benefits of the exclusion outweigh the benefits of designating the area as part of the critical habitat, unless the Secretary determines, on the basis of the best scientific and commercial data available, that the failure to designate the area as critical habitat will result in the extinction of the species for which the habitat is designated. Sets forth provisions regarding: (1) revision of critical habitat designation; (2) the effects of agency actions that are consistent with the conservation objective and plan; (3) alternative species protection; (4) interim management prior to publication of a final conservation plan or a conservation objective, the entering into of a cooperative management agreement, or the issuance of an incidental taking permit; (5) suspension of conservation plans or objectives; (6) reporting requirements; and (7) the standard of judicial review of agency decisions. (Sec. 6) Directs the Secretary and the Secretary of Agriculture to encourage persons to apply to exchange lands, waters, or interests therein under their jurisdiction (lands) (other than units of the National Park System, the National Wilderness Preservation System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, and the National Trails System) for lands that are not in Federal ownership and that are affected by the Act, provided that the lands to be exchanged are of approximately equal value. Sets forth provisions regarding: (1) appraisals; (2) environmental assessment; and (3) valuation. (Sec. 7) Requires the Secretary to cooperate to the maximum extent practicable with the States and other non-Federal persons, including consulting as appropriate before seeking to acquire land for the purpose of conserving any endangered or threatened species. Authorizes the Secretary to: (1) enter into cooperative management agreements (CMAs) with any State or group of States, political subdivision of a State, local government, or other non-Federal person for the management of a listed species, species proposed to be listed, or candidate species (i.e., species found warranted to be listed but precluded from listing because of pending proposals to list that are of a higher priority); and (2) designate any non-Federal person participating or assisting in the implementation of a CMA as a volunteer under the Fish and Wildlife Act of 1956. Directs the Secretary to provide technical assistance for the development and implementation of a CMA with a non-Federal person. Exempts the preparation, approval, and entering into of a CMA from specified requirements of the Act and of the National Environmental Policy Act of 1969. Specifies that: (1) except under extraordinary circumstances (in which case the Secretary shall have the burden of demonstrating and clearly documenting the existence of such circumstances), no additional measures to minimize and mitigate impacts on a species that is a subject of a CMA shall be required of a non-Federal party to the agreement that is in compliance with the agreement; and (2) with respect to any species that is a subject of such a CMA, under no circumstances shall a non-Federal party in compliance with the CMA be required to make any additional payment for any purpose, or accept any additional restriction on any parcel of land available for development or land management under the CMA, without the consent of the non-Federal party. Provides that a CMA shall remain in effect and shall not be required to be amended if a species to which the agreement does not apply is determined to be an endangered or threatened species. Sets forth or revises provisions regarding: (1) violations of CMAs; (2) requirements governing acquisition of water; and (3) Federal reclamation projects and contracts. Authorizes the Secretary to: (1) make grants to non-Federal persons, from appropriated funds, for the purpose of conserving, preserving, or improving habitat for an endangered or threatened species; and (2) enter into safe harbor agreements with non-Federal persons who own real property for the purpose of encouraging the voluntary management, restoration, or enhancement of non-Federal lands owned by such persons to conserve listed and candidate species. Requires the Secretary: (1) at the request of a State, to delegate to the State the authority to develop and implement a conservation plan for a listed species unless the Secretary determines that the State lacks authority and capability to carry out the requirements of the Act; and (2) to monitor the actions of States in developing and implementing conservation plans. (Sec. 8) Directs each Federal agency to ensure that any action authorized, funded, or carried out by the agency that affects any endangered or threatened species or designated critical habitat of the species is not likely to jeopardize the continued existence of the species. Sets forth provisions regarding: (1) Federal agency consultation with the Secretary regarding agency actions likely to significantly and adversely affect an endangered or threatened species and regarding guidance on the consistency of an agency action with the conservation plan or objective for, an incidental taking permit for, or a CMA concerning, the species; (2) consideration of information and other law; (3) actions exempt from consultation and conferencing; (4) actions not constituting takings; (5) the resolution of conflicts between the responsibilities of a Federal agency under the Act vis-a-vis any other law, treaty, or interstate compact; (6) the use of mitigation banks; (7) risk assessment; and (8) exemptions from the Act. (Sec. 9) Directs the Secretary and the Secretary of State to act cooperatively with other nations in conserving wildlife. Prohibits such Secretaries, to the extent that the conservation programs of such nations are consistent with the Convention, from obstructing the programs of such nations unless the Secretary demonstrates good cause for the action based on adequate findings supported by substantial evidence. (Sec. 10) Directs the Secretary to limit a finding under the Convention to the purpose of the importation. Bars the Secretary from: (1) duplicating the findings required to be made by the exporting nation that is a party to the Convention except for good cause based on adequate findings supported by substantial evidence; and (2) prohibiting any act that is permitted under the Convention in issuing protective regulations with respect to a foreign species. Sets forth restrictions regarding the publishing of proposed protective regulations. (Sec. 11) Provides that an activity of a non-Federal person shall be deemed not to constitute a taking of a species if the activity: (1) is consistent with the applicable guidance of a conservation plan or objective; (2) complies with the terms and conditions of an incidental taking permit or a CMA; or (3) addresses a critical, imminent threat to public health or safety or a catastrophic natural event. Specifies that provisions prohibiting importation shall not apply to a member of a threatened species: (1) taken for scientific collection, live export for captive breeding, sport hunting, or falconry in accordance with the laws of a foreign nation that is a party to the Convention; and (2) accompanied by an export permit issued by the nation or an equivalent document. (Sec. 12) Authorizes the Secretary to permit specified activities, including: (1) the public display or exhibition of living wildlife in a manner that contributes to the education of the public about the ecological role and conservation needs of the affected species; (2) in the case of foreign species, acts that are consistent with the Convention and with conservation strategies adopted by the foreign nations responsible for the conservation of the species; and (3) acts necessary for captive propagation programs. Sets forth or revises provisions regarding: (1) the use of mitigation banks; (2) the scope of permits; (3) environmental assessments; (4) limits on additional measures required to minimize and mitigate impacts on a species that is a subject of a permit where the permittee is in compliance with the permit; (5) interim permits; (6) permit revocation; and (7) voluntary consultation by non-Federal persons. Authorizes the Secretary, after providing notice and opportunity for public hearing, to issue a general permit on a county, State, regional, or nationwide basis for any category of activities that may affect a listed species upon determining that activities in the category are similar in nature, will cause only minimal adverse effects on the species if performed separately, and will have only minimal cumulative adverse effects on the species generally. Sets forth provisions regarding: (1) educational and propagation permits; (2) the taking of species for inherently limited uses; (3) multiple species non-Federal conservation plans; (4) wildlife bred in captivity; (5) recognition of captive propagation as a means of recovery; and (6) mitigation banks. (Sec. 13) Directs the Secretary or the Secretary of the Treasury to pay reasonable and necessary costs incurred by any person in providing temporary care for any endangered or threatened fish, wildlife, or plant pending the disposition of any civil or criminal proceeding alleging a violation of the Act. Places the burden of proof on the Secretary to demonstrate that a specimen belongs to a species that has been determined to be an endangered or threatened species under the Act or that is included in an Appendix to the Convention. Prohibits the Secretary from detaining a specimen for a period of longer than 30 days for identification purposes, unless the specimen has been substantially changed from the natural appearance of the specimen, in which case it may be retained for an additional 30 days. Requires the specimen to be released if it cannot be identified within that period. Specifies that no refusal of entry, seizure of evidence, or other enforcement action may take place under the Act if the action is based solely on a notification under the Convention or on a resolution of the Conference of the Parties to the Convention. Authorizes any person to: (1) commence a civil suit to remedy any violation of, or regulation issued under, the Act by the United States or any U.S. agency or official or to challenge the Act or a regulation issued thereunder or the implementation thereof; and (2) intervene as a matter of right in any suit brought under the Act that threatens to cause injury to, or relates to any injury sustained by, the person and grants such person the same right to present argument and to accept or reject potential settlements as the parties to the suit have. (Sec. 14) Requires the Commission to review and report to the Secretary on species of plants that, as of the date of this section's enactment, are or may become endangered or threatened within any State and that are known to produce pharmaceutical or agricultural biochemicals. (Sec. 15) Establishes the Endangered Species Commission. Requires the Commission to: (1) study the activities of the United States under laws and international conventions relating to endangered and threatened species, including the Convention and the Act; (2) make recommendations to, and consult with, the Secretary and other Federal officials concerning such measures as the Commission considers necessary or desirable for the protection and conservation of such species, including a range of options; and (3) conduct such scientific reviews and analyses as the Secretary requests or as are otherwise required to be conducted under this Act. Directs the Commission, upon receipt of a request from the Secretary for a scientific review or assessment regarding such a species, to establish an assessment and planning team and, within 30 days, to establish and arrange for the provision of technical assistance to such a team to assist the Commission in making required assessments by providing it with the best scientific and commercial data available and data that have been peer reviewed and verified by field testing. Sets forth provisions regarding: (1) the Commission's response to assessment and planning team recommendations; and (2) reporting requirements. (Sec. 16) Directs the Secretary to provide 30 days' notice of any hearing or other public meeting at which public comment is accepted under the Act. (Sec. 17) Requires the Secretary to: (1) balance achieving the conservation objective for a species and ensuring continuing economic growth, providing essential infrastructure, maintaining strong State and local tax bases, and protecting against the diminishment of the use and value of property; and (2) seek, along with the heads of all other Federal agencies and other Federal officials, to minimize the adverse impacts on the use and value of private property resulting from any requirements imposed on the property. (Sec. 18) Directs the Secretary to: (1) identify methods of alternative dispute resolution (ADR) that may be used for rulemaking to develop standards, rules, and guidelines for the listing or monitoring of species, conservation planning, safe harbor agreements with non-Federal persons, and other specified purposes; and (2) develop and implement a pilot program for ADR to be used for such purposes as consistent with the Negotiated Rulemaking Act of 1990 and the Administrative Dispute Resolution Act. Requires the Secretary to: (1) provide regular training for all employees involved in developing and implementing such program; and (2) evaluate the program and submit a report including recommendations for a permanent program to the Congress and the Administrative Conference of the United States. (Sec. 19) Sets forth provisions regarding Federal cost-sharing requirements for conservation obligations. (Sec. 20) Entitles a non-Federal property owner to receive compensation if a Federal agency takes action under the Act that results in a diminishment of value of any portion of the non-Federal property of the owner. Sets forth provisions regarding: (1) the amount of compensation, a duty of notice to owners, requests for compensation, offers by the Secretary, and responses by property owners; (2) arbitration; (3) civil actions; (4) the source of payment; (5) U.S. obligations to make payment subject to the availability of appropriations; and (6) administrative provisions. (Sec. 21) Authorizes appropriations. Directs the Secretary to study potential revenue sources for a biodiversity trust fund to be used both for domestic endangered and threatened species protected under the Act and for foreign species subject to the Convention. Sets forth reporting requirements. (Sec. 22) Sets: (1) priorities for the development, and a schedule for the adoption, of conservation plans for listed species without recovery plans; and (2) priorities and a schedule for revision of existing plans. Prohibits the Secretary or the head of any other Federal agency from requiring any increase in any measurable criterion contained in a final recovery plan, or any site specific management action in addition to the criteria provided in a final recovery plan, until a conservation plan or conservation objective has been published. Directs the Secretary, in conjunction with the issuance of a conservation plan or objective, to review and reissue certain written opinions of the Secretary relating to the affected species that were issued after January 1, 1995, under the Act.
United States · United States Congress · 26 October 1995
Amends the Internal Revenue Code to allow a deduction from the value of the gross estate of a decedent of an amount equal to the adjusted value of real property included in a gross estate which is subject to an endangered species conservation agreement. Provides for recapture of the benefit in certain cases.
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 12 October 1995
Safe Drinking Water Act Amendments of 1995 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to make capitalization grants to States to establish State drinking water treatment revolving loan funds. Authorizes State Governors to transfer amounts between such funds and water pollution control revolving funds established under the Clean Water Act. Requires the Administrator to reserve one and one-half percent of drinking water funds for capitalization grants to Indian tribes for the improvement of public water systems. Authorizes the Administrator to make such grants to the District of Columbia and specified U.S. territories. Authorizes: (1) States to reserve a certain amount of such grants for technical assistance for small public water systems; and (2) the Administrator to make grants to Alaska for the benefit of Alaska Native villages. Requires the Administrator, beginning in FY 1999, to withhold a specified percentage (five percent for FY 1999, ten percent for FY 2000, and 15 percent for each subsequent fiscal year) of each capitalization grant made to a State unless the State has met specified requirements under this Act regarding new system capacity. Sets forth provisions regarding: (1) projects eligible for assistance, including assistance for disadvantaged communities, and source water quality protection and capacity development; and (2) State loan fund administration, technical assistance, and management. Requires: (1) States to prepare annual intended use plans for funds; (2) priority for the use of funds to be given to projects that address the most serious risk to human health, that are necessary to ensure compliance with specified requirements (including filtration requirements), and that assist most in need on a per household basis according to State affordability criteria; and (3) each State, after notice and opportunity for public comment, to publish and periodically update a list of projects in the State that are eligible for assistance, including the priority assigned to each project and the expected funding schedule for each project. Directs the Administrator to: (1) conduct annual reviews and audits as the Administrator considers appropriate, or require each State to have the reviews and audits independently conducted, in accordance with specified single audit requirements; (2) submit to the Congress a periodic survey and assessment of the needs for facilities in each State eligible for assistance; (3) conduct an evaluation of the effectiveness of the State loan funds through FY 1999; and (4) publish such regulations and guidance as necessary. Specifies that the failure or inability of any public water system to receive funds, or a delay in obtaining the funds, shall not alter the obligation of the system to comply in a timely manner with all applicable drinking water standards and requirements under the Act. Authorizes appropriations. Directs the Administrator to reserve: (1) $10 million for health effects research on specified drinking water contaminants, giving priority to research concerning the health effects of cryptosporidium, disinfection byproducts, and arsenic and for the implementation of a research plan for subpopulations at greater risk of adverse effects; (2) $2 million to pay the costs of monitoring for unregulated contaminants; and (3) specified sums for small system technical assistance. (Sec. 4) Requires the Administrator to publish a maximum contaminant level goal (MCLG) and promulgate a national primary drinking water (NPDW) regulation for each contaminant (with exceptions) for which a NPDW regulation has been promulgated as of the date of this Act's enactment if the Administrator determines, based on adequate data and appropriate peer-reviewed scientific information and an assessment of health risks, that the contaminant may have an adverse effect on the health of persons and the contaminant is known to occur, or there is a substantial likelihood that it will occur, in public water systems with a frequency and at levels of public health concern. Directs the Administrator: (1) not later than July 1, 1996, to publish and periodically update a list of contaminants that are known or anticipated to occur in drinking water provided by public water systems that may warrant regulation; and (2) at such time as such list is published, to describe available and needed information and research regarding the health effects of the contaminants, their occurrence in drinking water, and treatment techniques and other feasible means to control the contaminants. Requires (with exceptions) the Administrator, by July 1, 2001, and every five years thereafter, to take one of the following actions for not fewer than five contaminants: (1) publish a determination that information available to the Administrator does not warrant the issuance of an NPDW regulation; (2) publish a determination that an NPDW regulation is warranted and proceed to propose an MCLG and NPDW regulation not later than two years after the date of publication of the determination; and (3) propose an MCLG and NPDW regulation. Sets forth provisions regarding insufficient information to make, and the basis for, such determinations. Requires the Administrator to give priority to those contaminants not currently regulated that are associated with the most serious adverse health effects and that present the greatest potential risk to human health due to their presence in drinking water provided by public water systems. Sets forth provisions regarding public comment and judicial review. Authorizes the Administrator to promulgate an interim NPDW regulation for a contaminant to address an urgent threat to public health. Sets forth provisions regarding: (1) schedules for publication of MCLGs and NPDW regulations; (2) substitution of contaminants; and (3) promulgation, by December 31, 1995, of an information collection rule to facilitate further revisions to the NPDW regulation for disinfectants and disinfectant byproducts, including information on microbial contaminants such as cryptosporidium. (Sec. 5) Requires the Administrator, in carrying out the Act, to: (1) use the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices, and data collected by accepted or best available methods; and (2) ensure that the presentation of information on public health effects is comprehensive, informative, and understandable. Directs the Administrator to conduct a cost-benefit analysis for each NPDW regulation containing a maximum contaminant level (MCL) or treatment technique before it is proposed, including consideration of alternative MCLs or treatment requirements. Authorizes appropriations. (Sec. 6) Permits the MCLG for contaminants that are known or likely to cause cancer in humans to be set at a level other than zero if the Administrator determines, based on the best available, peer- reviewed science, that there is a threshold level below which there is unlikely to be any increase in cancer risk and the Administrator sets the MCLG at that level with an adequate margin of safety. Requires the Administrator, at the time he or she proposes an NPDW regulation, to publish a determination as to whether the benefits of the MCL justify, or do not justify, the costs. Authorizes the Administrator to establish an MCL for a contaminant at a level other than the feasible level if the technology, treatment techniques, and other means used to determine the feasible level would result in an increase in the health risk from drinking water by: (1) increasing the concentration of other contaminants in drinking water; or (2) interfering with the efficacy of drinking water treatment techniques or processes that are used to comply with other NPDW regulations. Authorizes the Administrator, if he or she determines that the benefits of an MCL would not justify the cost of complying with the level, to promulgate an MCL for the contaminant that maximizes health risk reduction benefits at a cost that is justified by the benefits, with an exception. Prohibits the Administrator from establishing an MCL in a Stage I or Stage II NPDW regulation for contaminants that are disinfectants or disinfection byproducts, or to establish an MCL or treatment technique requirement for the control of cryptosporidium. Sets forth provisions regarding: (1) judicial review; (2) disinfectants and disinfectant byproducts; and (3) review of standards. (Sec. 7) Requires the Administrator to promulgate NPDW regulations for: (1) arsenic according to a specified schedule and develop and carry out a comprehensive plan for research in support of drinking water rulemaking and take other specified steps regarding assessment, proposed regulation, and final regulation for arsenic; (2) radon, providing for an MCL of 3,000 picocuries per liter; and (3) sulfates. (Sec. 10) Directs the Administrator to propose a regulation that describes treatment techniques that meet the requirements for filtration that are feasible for community water systems serving a population of 3,300 or fewer and noncommunity water systems. (Sec. 12) Directs the Administrator to issue guidance or regulations regarding system treatment technologies. Authorizes the Administrator to make grants to institutions of higher learning to establish and operate not fewer than five small public water system technology assistance centers in the United States. (Sec. 13) Revises the variance provisions of the Act to: (1) allow public water systems to receive a variance on the condition that they install and operate best available treatment technology; and (2) authorize the Administrator (or a State with primary enforcement responsibility for public water systems) to grant to public water systems serving a population of 10,000 or fewer a variance for compliance with a requirement specifying an MCL or treatment technique contained in an NPDW regulation if a system cannot afford to comply with the regulation and adequate protection of public health is ensured. (Sec. 15) Requires each State to: (1) obtain the legal authority or other means to ensure that all new community water systems and new nontransient, noncommunity water systems commencing operation after October 1, 1996, demonstrate technical, managerial, and financial capacity with respect to each NPDW regulation in effect, or likely to be in effect, on the date of commencement of operations; (2) prepare, periodically update, and submit to the Administrator a list of community water systems and nontransient, noncommunity water systems that have a history of significant noncompliance and report to the Administrator; and (3) develop and implement a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity. Directs the Administrator to support: (1) the States in developing capacity development strategies; and (2) the network of university-based Environmental Finance Centers in providing training and technical assistance to State and local officials in developing the capacity of public water systems, including the establishment of a national public water systems capacity development clearinghouse. Authorizes appropriations. (Sec. 16) Requires public water systems receiving assistance from a State Revolving Loan Fund to be operated by a trained and certified operator. Authorizes the Administrator to withhold funds that would otherwise be allocated to the State, or require the repayment of an amount equal to the amount of any such assistance, for noncompliance. (Sec. 17) Directs each State to: (1) delineate the source water protection areas for community water systems in the State using hydrogeologic information considered to be reasonably available and appropriate by the State; and (2) conduct vulnerability assessments in source water areas determined to be a priority by the State. Authorizes States to establish source water quality partnership petition programs to assist in the local development of a voluntary, incentive-based partnership to reduce the presence in drinking water of contaminants and to obtain Federal and State financial or technical assistance. (Sec. 18) Extends the date for submitting State regulations to retain primacy for new or revised drinking water standards. Grants States interim primary enforcement authority. Authorizes appropriations. (Sec. 19) Requires the Administrator to review existing monitoring requirements for not fewer than 12 contaminants within two years. Authorizes: (1) States to establish alternative monitoring programs, except for regulations applicable to a microbial contaminant or an indicator of such a contaminant, subject to specified requirements; and (2) the Administrator or a State to suspend quarterly monitoring requirements applicable to small systems for any contaminant (other than a microbial contaminant or such an indicator that causes an acute effect or a contaminant formed in the treatment process or distribution system) that is not detected during the first quarterly sample in a monitoring cycle. Directs the Administrator to promulgate regulations establishing the criteria for a monitoring program for unregulated contaminants and to list up to 20 contaminants. Requires all systems serving more than 10,000 people to monitor for such contaminants. Authorizes appropriations. Requires the Administrator to establish a national database containing information on the occurrence of regulated and unregulated contaminants. (Sec. 20) Requires each owner or operator of a public water system to give notice to those served by the system: (1) of any failure of the system to comply with an applicable maximum contaminant level or treatment technique requirement of, or a testing procedure prescribed by, an NPDW regulation or to perform required monitoring; (2) if the system is subject to a variance granted for an inability to meet a maximum contaminant level requirement or is subject to a granted exemption, of the existence of the variance or exemption and of any failure to comply with the requirements of any schedule prescribed pursuant to the variance or exemption; and (3) of the concentration level of any unregulated contaminant for which the Administrator has required public notice. Directs the Administrator to prescribe the manner, frequency, form, and content for giving notice. Specifies that such regulations shall provide for different frequencies of notice based on the differences between violations that are intermittent or infrequent and violations that are continuous or frequent and shall take into account the seriousness of any potential adverse health effects that may be involved. Permits a State to establish alternative notification requirements. Sets forth reporting requirements. (Sec. 21) Revises enforcement provisions of the Act to permit enforcement actions to be taken by both EPA and a State with primary enforcement responsibility. Directs the Administrator to notify local elected officials before taking enforcement actions against public water systems in nonprimacy States. Authorizes the Administrator or a State to suspend enforcement action with respect to a violation for a two-year period if the violation is to be corrected through a consolidation or restructuring during that period. Requires States to adopt administrative penalties of at least $1,000 per violation for large systems. Increases the maximum amount for an administrative penalty imposed by EPA from $5,000 to $25,000 per violation, but only after a hearing on the record. (Sec. 22) Waives the sovereign immunity of Federal agencies, subject to specified limitations. Allows citizens and States to seek penalties for all violations of the Act at Federal facilities. (Sec. 23) Authorizes appropriations for research with respect to the safe supply of drinking water. Directs the Administrator to: (1) develop and periodically update an integrated risk characterization strategy for drinking water quality; and (2) develop and carry out a research plan to support the development and implementation of rules regarding enhanced surface water treatment, disinfectant and disinfection byproducts, and ground water disinfection. Sets forth reporting requirements. (Sec. 24) Revises the definition of "public water system" to include water for human consumption through pipes or other constructed conveyances. Excludes from regulation connections to non-piped systems where alternative water supplies or treatment to levels that are equivalent to NPDW regulations is provided before the water is used for drinking or cooking. (Sec. 25) Authorizes the Administrator to makes grants to States for the development and implementation of State programs for the protection of groundwater resources. Prohibits any such grant from being used for more than half of the cost of the program. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the extent and seriousness of contamination of private sources of drinking water that are not regulated under this Act. Authorizes the Administrator to reestablish a partnership between the Robert S. Kerr Environmental Research Laboratory and the National Center for Ground Water Research, a university consortium, to conduct research, training, and technology transfer for groundwater quality protection and restoration. (Sec. 26) Prohibits the use (after June 19, 1986, in the installation or repair of any public water system or in any plumbing in a facility providing water for human consumption) or sale (effective two years after this Act's enactment) of any pipe, or plumbing fitting or fixture, that is not lead free, with exceptions. Directs the Administrator to: (1) provide accurate and timely technical information and assistance to qualified third-party certifiers in the development of voluntary standards and testing protocols for the leaching of lead from new plumbing fittings and fixtures that are intended by the manufacturer to dispense water for human ingestion; and (2) promulgate regulations setting a health effects-based performance standard establishing maximum leaching levels from new plumbing fittings and fixtures that are intended by the manufacturer to dispense water for human ingestion if a voluntary standard is not established within a year. Repeals Federal law encouraging the use of geothermal heat pumps that return water to the distribution lines of public water systems. (Sec. 27) Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to issue a regulation establishing a quality level for each contaminant in bottled water or make a finding that a regulation is unnecessary to protect the public health because the contaminant is contained in water in the public water systems and not in water used for bottled drinking water. (Sec. 28) Directs the Administrator to: (1) identify and rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare; (2) estimate the private and public costs associated with each source of pollution and the costs and benefits of complying with regulations designed to protect against risks associated with such sources and those associated with major Federal actions selected by the Administrator that have the most significant impact on human health or the environment; (3) identify reasonable opportunities to achieve significant risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on human health, the environment, or public welfare; (4) identify, explain, and determine research that would reduce uncertainties associated with the risks; and (5) consider and estimate the monetary and other values of the benefits associated with reducing risk to human health and the environment. Sets forth reporting requirements. Directs the Science Advisory Board to conduct a technical review of Administrator's report in public session before submission to the Congress. (Sec. 29) Authorizes the Chief of the Army Corps of Engineers to modernize the Washington Aqueduct. Authorizes appropriations. Modifies the membership of the National Drinking Water Advisory Council to include two members representing small, rural water systems.
United States · United States Congress · 29 September 1995
TABLE OF CONTENTS: Title I: Community Participation Title II: State Role Title III: Voluntary Cleanup Title IV: Selection of Remedial Actions Title V: Liability Allocations Title VI: Federal Facilities Title VII: Natural Resource Damages Title VIII: Miscellaneous Title IX: Funding Accelerated Cleanup and Environmental Restoration Act of 1995 - Title I: Community Participation - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) to direct the Administrator of the Environmental Protection Agency (EPA) to establish Community Response Organizations (CROs) to solicit views on issues affecting remedial action plans. Authorizes technical assistance grants to citizen groups of two or more who may be affected by the release or threatened release of a hazardous substance, pollutant, or contaminant on the State registry or National Priorities List (NPL). Adds provisions designed to improve public participation in the Superfund decisionmaking process and requiring the Administrator to consider community remedial action alternatives in the same manner as alternatives proposed by potentially responsible parties. Title II: State Role - Amends CERCLA to add provisions requiring the Administrator, upon application by a State, to delegate authority to perform functions (including risk analysis, remedy selection, remedial design, remedial operation, allocation of liability, and enforcement) with respect to one or more non-Federal listed facilities in the State. Prescribes application and performance procedures. Provides for the removal of delegated facilities from the NPL and the deposit of recovered costs in the Hazardous Substances Superfund. Directs the Administrator to provide grants to States to carry out delegated functions. Title III: Voluntary Cleanup - Adds new provisions to CERCLA requiring the Administrator to provide technical and other assistance to States to establish and expand qualifying State voluntary response programs, including oversight and enforcement programs. (Sec. 302) Defines "brownfield facility" to mean a parcel of land containing abandoned or underused commercial or industrial property, the expansion or redevelopment of which is complicated by the presence or potential presence of a hazardous substance. Excludes from the definition seven specific categories of facilities, including: NPL facilities, facilities under administrative or judicial cleanup orders, and U.S.-owned facilities. Directs the Administrator to establish a program to provide interest-free loans of up to $200,000 to local government entities and Indian tribes for site characterization and assessment of brownfield facilities. Prescribes loan ranking and application procedures. (Sec. 303) Amends CERCLA's definition of "owner or operator" for purposes of determining cleanup liability to exclude persons not participating in facility management who hold an indicium of ownership primarily to protect a security interest. Adds a definition of "fiduciary" and limits fiduciary liability. Delimits liability of lenders. (Sec. 304) Amends the Federal Deposit Insurance Act to provide that, with specific exceptions, a Federal banking or lending agency shall not be liable under any law imposing strict liability for the release or threatened release of a hazardous substance from a facility acquired through receivership or conservatorship, through a loan or financial assistance, or in connection with a civil or criminal proceeding or administrative enforcement action. Prescribes rules of construction. (Sec. 305) Adds to CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site. (Sec. 306) Limits liability of bona fide prospective purchasers so long as they do not impede response actions or natural resource restoration. (Sec. 307) Requires that the standards developed by the American Society for Testing and Materials (ASTM) be used to determine innocent landholder status. Title IV: Selection of Remedial Actions - Amends CERCLA to add definitions of "actual or planned or reasonably anticipated future use of the land and water resources," "significant ecosystem," and other terms. (Sec. 402) Establishes revised procedures for selection and implementation of remedial actions. Requires selection of the most cost-effective means of achieving the goals of protecting human health and the environment, using specified criteria and allowing for technical impracticability and unreasonable cost. States that a remedial action shall not be required to attain any standard that would be legally applicable under any other Federal or State law except in cases involving the transfer of hazardous waste off-site. (Sec. 403) Adds new provisions regarding the use and requirements of facility-specific risk evaluations. Requires EPA to issue regulations that promote a realistic characterization of risk that neither minimizes nor exaggerates the risks and potential risks posed by a facility or a proposed remedial action. (Sec. 404) Establishes procedures, in lieu of any other law, for conducting remedial investigations, feasibility studies, records of decisions, remedial designs, and remedial actions. (Sec. 405) Prescribes procedures and time frames for final EPA notice of completion of remedial action and delisting of a facility. Provides for release from further liability for facilities available for unrestricted use. Requires seven-year reviews by EPA of facilities not available for unrestricted use. (Sec. 406) Sets forth transition rules for facilities involved in remedy selection on the date of enactment of this Act. (Sec. 408) Revises the National Contingency Plan to prohibit the Administrator, when listing a site on the NPL, from including property at which no release has occurred but to which a contaminant had migrated in groundwater. Title V: Liability Allocations - Adds new provisions allocating liability for multiparty facilities. Differentiates mandatory, requested, and permissive allocations. Prescribes allocation process procedures, including time frames, selections of allocators, reports, orphan shares, and de minimis settlements. (Sec. 502) Excludes response action contractors from the definition of "owner or operator." Amends the national uniform negligence standards. Revises procedures governing EPA decisions to indemnify response action contractors. Limits actions against response action contractors. (Sec. 503) Requires nonconfidential CERCLA records and reports to be released within 14 days after the information is obtained. (Current law provides no time limit for public availability.) (Sec. 505) Adds provisions which include religious, charitable, scientific, and educational organizations as owner-operators. Limits the liability of such organizations. (Sec. 506) Adds provisions limiting the liability of railroad owners or operators of spur tracks. Title VI: Federal Facilities - Amends CERCLA to revise provisions governing the transfer of authorities vested in the Administrator to allow States to apply to exercise such authorities at any U.S. facility located in the State. Prescribes procedures governing such transfers. (Sec. 602) Directs the Secretary of Energy, after providing Federal, State, and local agencies notice and opportunity for comment, to submit to the President annual lists identifying the Department of Energy (DOE) environmental cleanup requirements that cannot be met within the Department's budget request for environmental management activities. Requires inclusion of such information in the President's annual budget request. Allows for one list revision following appropriations funding. States that, with specified exceptions, no action seeking to impose civil or criminal sanctions under any law may be commenced against the United States, its employees, or DOE contractors with respect to failure to comply with DOE environmental cleanup requirements by reason of lack of funds appropriated specifically for such purposes during a fiscal year for which such cleanup requirement was on the list. (Sec. 603) Amends CERCLA to add provisions allowing the President to designate Federal facilities listed on, or proposed for listing on, the NPL to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. (Sec. 604) Amends provisions governing assessment and evaluation of Federal facility listings: (1) to allow notice of uncontaminated parcels; and (2) to include as a factor in determining priorities the extent to which the Federal land holding agency has arranged with the Administrator or a State to respond. Title VII: Natural Resource Damages - Amend CERCLA's definition of "natural resource" to add language that the resource is committed for use by the general public. States that a resource shall be considered to be committed for use by the general public only if, at the time of the act of disposal giving rise to liability, the resource is subject to a public use or to a planned public use, for which there is an authorized and documented legal, administrative, budgetary, or financial commitment. Adds definitions for "baseline," "compensatory restoration," and other terms. Revises provisions governing liability for costs and damages for release, or threatened release, of a hazardous substance, to limit recovery to the restoration of baseline ecological services. Requires that recovered sums shall be used for restoration. (Previous law provided for use to restore, replace, or acquire the equivalent.) Revises the measure of damages to provide that damages shall be limited to the reasonable costs of restoration and of assessing damages, disallowing recovery under CERCLA for impairments of non-use values. Prohibits double recoveries. Prohibits recovery of costs of compensatory restoration for a natural resource injury, destruction, or loss that occurred prior to December 11, 1980. Limits recovery for the costs of primary restoration. Requires selection of the most cost-effective method of achieving restoration. Sets dollar amount limitations on the aggregate liability of all parties for costs of compensatory restoration. Eliminates the rebuttable presumption and imposes revised methods of damage assessment, requiring district courts to try de novo the issue of defendant liability and the issue of the amount of liability. Requires, on judicial review of claims challenging trustee decisions, that the court hold unlawful and set aside actions, findings, and conclusions found to be unsupported by substantial evidence. Revises procedures governing the issuance of regulations for damage assessments, requiring that regulations identify, specify, and take into consideration four specific elements, including the ability of a natural resource to recover naturally and the availability of replacement or alternative resources. Requires biennial review of such regulation. Prohibits the Administrator from selecting a remedial action that goes beyond the measures necessary to protect human health and the baseline ecological services of the environment. Prohibits the imposition of liability for natural resource injuries resulting from a response action or remedial action selected by the Administrator. Revises CERCLA statutes of limitations. Title VIII: Miscellaneous - Revises National Contingency Plan guidelines for the National Hazardous Substances Response Plan to add procedures governing the conduct of response evaluations, including a requirement that such procedures use a results-oriented approach and other expedited actions in order to minimize response time and exposure hazards. (Sec. 802) Limits new NPL listings to 30 sites per year for the next three years. Requires prioritization of and State concurrence with such sites. States that the Administrator's authority to add sites to the NPL expires in three years. (Sec. 804) Amends the Solid Waste Disposal Act to exempt remediation waste from specified regulations, including those that bar storage and land disposal of untreated hazardous waste. Title IX: Funding - Amends CERCLA to authorize appropriations from the Fund of $8.5 billion for FY 1996 through 2000. (Sec. 902) Allows payment of orphan shares as a use of the Fund. (Sec. 903) Authorizes funds for Agency for Toxic Substances and Disease Registry activities. (Sec. 904) Sets limitations for FY 1996 through 2000 of $20 million per year for alternative or innovative technologies research, development, and demonstration programs and training, $20 million for hazardous substance research, and $5 million for university research centers. (Sec. 905) Authorizes appropriations to the Fund through FY 2000. (Sec. 906) Sets limits on funding of qualifying State voluntary response programs, brownfield cleanup assistance, and community response organizations. Specifies that collected recoveries will be credited as offsetting collections. (Sec. 907) Allows use of the Fund to reimburse potentially responsible parties following the results of an audit showing costs are unallowable or should be adjusted.
United States · United States Congress · 29 September 1995
Senior Citizens Health Care Freedom to Contract Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to declare that nothing in such title shall prohibit a physician or other provider from entering into a private health services contract with a Medicare beneficiary for which no claim for payment is to be submitted under the program.
United States · United States Congress · 29 September 1995
Requires the Senate and the House of Representatives to assemble in the Hall of the House on October 11, 1995, to remember the veterans and those who served on the home front in closing the commemoration of the 50th Anniversary of World War II. Designates November 4 through 11, 1995, as a Week of National Remembrance and the Closing of the 50th Anniversary of World War II. Calls for National Days of Prayer on November 4 through 5, 1995, and a World War II Education Day across America on November 8, 1995. Requires commemorations during such week to include the dedication of the future site of the Nation's World War II Memorial in Washington, D.C. Designates Veterans Day, November 11, 1995, as a "National Day of Observance and Celebration of the 50th Anniversary of World War II. Urges each State Governor and chief executive of political subdivisions of each State to issue a proclamation calling upon citizens to participate on November 11, 1995, at 11 o'clock a.m. in the ringing of the Bells of Peace and Freedom 50 times to signify the 50 years without a world war and the world's hope to achieve another 50 years of peace and freedom.
United States · United States Congress · 26 September 1995
Amends the Solid Waste Disposal Act to define "remediation waste" as a solid waste or any medium generated during implementation of a remedial action plan (RAP) (a document issued, entered into, or approved by the Administrator of the Environmental Protection Agency (EPA) or a program State, as defined in this Act, to ensure that such waste is managed in a manner protective of human health and the environment). Directs a State that has a remediation waste management program authorized under this Act (a "program State") to exercise compliance with respect to a RAP in the program State. Directs the Administrator to exercise such authority with respect to a plan in a nonprogram State. Provides a rule for the management of remediation waste where a RAP provides for management of such waste in a State other than the State in which it is generated. Allows a State with a hazardous waste program authorized under the Act to obtain interim authorization to carry out its remediation waste management program after certifying to the Administrator that the State has the authority to control the management of remediation waste in a manner that is protective of human health and the environment, resources to administer and enforce such authority, and procedures to ensure public notice and opportunity for comment on RAPs submitted to the State. Provides for issuance of final authorization of the State's program by the Administrator not later than 18 months after it submits a certification. Provides a similar, but more extended procedure for remediation waste management programs of States without authorized hazardous waste programs. Provides for issuance by the Administrator of compliance orders for violations of RAP requirements, but requires notice to a State by the Administrator of violations of remedial waste management requirements contained in a RAP before commencing action to enforce compliance. Allows the Administrator to issue an order or commence an enforcement action if after 30 days the State does not take appropriate action to require compliance with RAP requirements. Excepts from hazardous waste classification petroleum-contaminated media and debris that fail the test for toxicity characteristics due to organics issued by the Administrator under hazardous waste identification and listing provisions and that are subject to corrective action under the underground storage tank provisions.
United States · United States Congress · 18 September 1995
TABLE OF CONTENTS: Title I: Federal Tax Incentives Title II: Regulatory Flexibility Title III: Low-Income School Choice Title IV: Resident Management and Homeownership Incentives Enhanced Enterprise Zones Act of 1995 - Title I: Federal Tax Incentives - Amends the Internal Revenue Code to exclude from gross income any qualified capital gain recognized on the sale or exchange of a qualified zone asset held for more than five years. Includes as requirements for qualifying as a zone asset that the asset be: (1) stock in an enterprise zone business; (2) business property used in an empowerment zone or enterprise community; or (3) a partnership interest in an enterprize zone business. Allows a taxpayer to elect to deduct the amount paid for the purchase of enterprise zone stock. (Sec. 102) Allows a credit for a portion of qualified rehabilitation expenditures for buildings meeting certain requirements, including being in an empowerment zone or enterprise community. Title II: Regulatory Flexibility - Amends Federal law relating to Government organization and employees to modify the definition of "small entity" (for purposes of provisions concerning the analysis of regulatory functions) with regard to enterprise zone businesses, governmental units that nominate areas as empowerment zones or enterprise communities, and certain not-for-profit enterprises operating in such zones or communities. (Sec. 202) Authorizes an agency to waive or modify rules as the rules pertain to activities in such zones or communities. Title III: Low-Income School Choice - Authorizes appropriations to carry out this title. (Sec. 303) Mandates grants to eligible entities (including States and State and local educational agencies) for certificates to low income parents for the costs of enrolling children in a school (including a private sectarian or public charter school) involved in a project assisted under this title and located in a zone served by that project. (Sec. 304) Requires each project to involve at least one local educational entity. (Sec. 306) Requires that the amount of a child's certificate be determined by the eligible entity and be an amount that provides the certificate recipient maximum choice. (Sec. 308) Requires the eligible entity to notify parents regarding the project. Title IV: Resident Management and Homeownership Incentives - Amends Federal law to authorize grants to nonprofit organizations for: (1) enterprise zone home ownership opportunity programs to promote home ownership in enterprise zones; and (2) the development of resident management corporations in enterprise zones. Authorizes appropriations.
United States · United States Congress · 15 September 1995
Violent and Hard-Core Juvenile Offender Reform Act of 1995 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to include among the: (1) findings of such Act that emphasis should be placed on identifying violent and hard-core juvenile offenders who should be prosecuted as adults; and (2) purposes of such Act to assist State and local governments in protecting public safety by identifying violent and hard-core juvenile offenders and transferring them from the jurisdiction of the juvenile justice system to that of adult criminal court. Defines "serious habitual offender" for purposes of such Act. Requires that State plans (to receive formula grants): (1) require that not less than 75 percent of the funds available to the State be used for purposes including the establishment of serious habitual offender comprehensive action programs; (2) provide for the establishment and maintenance of an effective juvenile justice system that requires the prosecution of juveniles 14 years of age and older as adults in criminal court, rather than in juvenile delinquency proceedings, for specified offenses; (3) provide that a State will ensure that whenever a juvenile is adjudicated in a juvenile proceeding to have engaged in conduct constituting such an offense, a record relating to the adjudication is kept and made available, the juvenile is fingerprinted and photographed, and certain information is transmitted to the Federal Bureau of Investigation (FBI); and (4) provide that the State will ensure that if any juvenile has been adjudicated to be delinquent on two or more separate occasions based on conduct that would be a felony if committed by an adult, the record of the second and all subsequent adjudications shall be kept and made available to the public to the same extent as an adult conviction is open to the public. Requires that serious habitual offender comprehensive action programs be multidisciplinary interagency case management and information sharing systems. (Sec. 4) Requires the U.S. Sentencing Commission to promulgate or amend guidelines to provide that offenses contained in the juvenile record of an adult defendant be considered as adult offenses in sentencing determinations if such juvenile offenses would have constituted a felony had they been committed by an adult. (Sec. 5) Amends the Federal criminal code to direct that juvenile records be released to the extent necessary to meet inquiries from officials of a school, school district, or any post-secondary school where the individual who is the subject of the record seeks, intends, or is instructed or ordered to enroll. (Sec. 6) Amends the Individuals with Disabilities Education Act to make certain provisions under such Act inapplicable to a child with a disability who commits on the property of a school under the jurisdiction of the State or local educational agency a criminal act which would be considered a crime if committed by an adult and such act subsequently becomes the basis for a juvenile adjudication or criminal proceeding involving the child. (Sec. 7) Requires the Director of the FBI, Identification Division, to provide upon request the information received under provisions of the JJDPA to officials of a school, school district, or post-secondary school where the individual who is the subject of such information seeks, intends, or is instructed or ordered to enroll. (Sec. 8) Amends the Federal Juvenile Delinquency Act to require that: (1) with specified exceptions, juvenile defendants 14 years of age or older be prosecuted as adults if charged with specified offenses, including murder or attempted murder, robbery while armed with a dangerous or deadly weapon, forcible rape, and certain serious drug offenses; and (2) whenever a juvenile is adjudicated in a juvenile proceeding to have engaged in conduct constituting such an offense or to be delinquent for conduct which if committed by an adult would constitute a felony, the court shall require that a record relating to the adjudication is kept and made available, that the juvenile is fingerprinted and photographed, and that certain information is transmitted to the Federal Bureau of Investigation.
United States · United States Congress · 13 September 1995
Child Pornography Prevention Act of 1995 - Amends the Federal criminal code to revise the definition of: (1) "sexually explicit conduct" to include actual or simulated lascivious exhibition of the buttocks of any minor, or the breast of any female minor; and (2) "visual depiction" to include data stored on computer disk or by electronic means which is capable of conversion into a visual image. Defines "child pornography" as any visual depiction, including any photograph, film, video, picture, drawing, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where: (1) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (2) such visual depiction is, or appears to be, of a minor engaging in such conduct; or (3) such visual depiction is advertised, promoted, presented, described, or distributed in a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in such conduct. Modifies provisions regarding activities relating to material involving the sexual exploitation of minors to prohibit activities relating to material constituting or containing child pornography. Increases penalties for such activities. Amends the Privacy Protection Act of 1980 to authorize certain searches and seizures of work product materials and other documents if an offense involves the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, or the sale or purchase of children.
United States · United States Congress · 8 September 1995
Iran Foreign Oil Sanctions Act of 1995 - Directs the President to impose certain twelve-month economic sanctions against foreign persons who, with requisite knowledge, export goods or technology that would contribute to Iran's ability to extract, refine, produce, store, or transport petroleum or natural gas products. Waives the requirements of this Act if the President certifies to the appropriate congressional committees that Iran has: (1) substantially improved its adherence to internationally recognized standards of human rights; (2) ceased its efforts to develop or acquire a nuclear explosive device, chemical or biological weapons, or missiles or related delivery systems; and (3) ceased support for acts of international terrorism. Sets forth additional criteria for such a waiver. Directs the President to establish a List of Petroleum and Natural Gas-Related Goods and Technology which shall be subject to the export control restrictions of this Act. Requires the President to report periodically to the appropriate congressional committees on Iran's: (1) nuclear and other military capabilities; and (2) support, if any, for acts of international terrorism.
United States · United States Congress · 7 September 1995
Authorizes the Newington-Cropsey Foundation to erect on the Capitol Grounds and present to the Congress and the people of the United States a monument dedicated to the Bill of Rights.
United States · United States Congress · 10 August 1995
TABLE OF CONTENTS: Title I: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act Subtitle A: Registration of Pesticides Subtitle B: Minor Use Crop Protection Subtitle C: Conforming Amendments Title II: Data Collection and Improved Procedures to Ensure that Tolerances Safeguard the Health of Infants and Children Title III: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act - Subtitle A: Registration of Pesticides - Amends Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) reregistration provisions to require the Administrator of the Environmental Protection Agency (EPA), as soon as the Administrator has sufficient information with respect to the dietary risk of a particular active ingredient (but no later the date of a reregistration determination), to: (1) reassess each associated tolerance (or tolerance exemption) issued under Federal Food, Drug, and Cosmetic Act (FDCA) provisions regarding pesticide residues in raw agricultural commodities; (2) determine whether the tolerance or exemption meets FDCA requirements and whether additional such tolerances or exemptions should be issued; and (3) commence proceedings under both FIFRA and FDCA as are warranted. Establishes a science review board to assist the scientific advisory panel that comments on decisions of the Administrator to cancel a pesticide's registration or change its classification and on regulations issued under FIFRA. Revises the definition of "unreasonable adverse effects on the environment" to include among such effects a human dietary risk from residue that results from use of a pesticide inconsistent with the standard determined by the Administrator to be adequate to protect the public health under FDCA. Subtitle B: Minor Use Crop Protection - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, any one of the alternatives poses greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or any one of the alternatives poses greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Subtitle C: Conforming Amendments - Makes conforming amendments to FIFRA related to pesticide minor uses. Title II: Data Collection and Improved Procedures to Ensure That Tolerances Safeguard the Health of Infants and Children - Directs the Administrator and the Secretaries of Agriculture and Health and Human Services to establish procedures to ensure that pesticide tolerances adequately safeguard the health of infants and children based on the recommendations of a specified report prepared by the National Research Council of the National Academy of Sciences. Directs the Secretary of Agriculture: (1) to collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, to implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title III: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
![Official portrait of Sen. Inhofe, James M. [R-OK]](https://www.congress.gov/img/member/i000024_200.jpg)