United States · United States Congress · 23 May 1996
Fairness in Judicial Taxation Act of 1996 - Amends the Federal judicial code to set limits on the authority of Federal courts to enter an order or approve a settlement that requires any State or political subdivision to impose, increase, levy, or assess any tax. Sets forth provisions regarding: (1) judicial review; (2) a right of certain aggrieved, persons, corporations, or unincorporated associations to intervene in proceedings concerning imposition of a tax; (3) termination of any tax so imposed, increased, levied, or assessed automatically after one year or at any time if the court determines that the deprivation of rights has been cured to the extent practicable; (4) preemption; and (5) State and local governmental rights.
United States · United States Congress · 22 May 1996
Congressional, Presidential, and Judicial Pension Forfeiture Act - Prohibits an individual or his or her survivor or beneficiary from being paid annuity or retired pay on the basis of the individual's creditable service if the individual is convicted of committing, while a Member of Congress (including the Vice-President), a congressional employee, or a Federal justice or judge one of specified offenses relating to his or her duties of office which is punishable by imprisonment for more than one year, including bribery of public officials, representing others in claims against the Government, making or receiving expenditures to influence voting, and engaging in acts affecting a personal financial interest. Applies the same prohibition to such an individual who: (1) is under indictment after the enactment of this Act for one of the offenses; or (2) willfully remains outside the United States or its territories and possessions for more than one year with knowledge of the indictment or charge. Prohibits interest from being computed on an individual's refund of contributions and deposits paid toward annuity or retired pay if such individual was convicted of such an offense in this Act for the period after the conviction of the violation. Amends Federal law to provide for the forfeiture of the retirement allowance payable to each former President if: (1) such former President is convicted of an offense after the date of enactment of this Act; and (2) such offense was committed during such former President's term of office as President. Makes such offense punishable by imprisonment for more than one year.
United States · United States Congress · 14 May 1996
Amends the Agricultural Market Transition Act to make assistance available under the noninsured crop assistance program for native pasture for livestock.
United States · United States Congress · 14 May 1996
Women's Pension Equity Act of 1996 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to provide for the development of a model: (1) spousal consent form when an election is made to waive a qualified joint and survivor annuity or a qualified preretirement survivor annuity; and (2) qualified domestic relations order. Amends the Railroad Retirement Act of 1974 to extend the payment of any portion of Tier II Railroad Retirement benefits to surviving former spouses pursuant to divorce agreements. Amends Federal law to provide for a survivor annuity to widows, widowers, and certain former spouses of Federal employees who die after having separated from the service with title to a deferred annuity, but before attaining age for such annuity under the Civil Service Retirement System on the same basis as is currently provided to certain survivors of former Members of Congress. Revises provisions concerning Federal retirement benefits subject to a court order.
United States · United States Congress · 13 May 1996
Temporary Emergency Livestock Feed Assistance Act of 1996 - Amends the Agricultural Market Transition Act to provide temporary assistance for certain livestock producers. Amends the Agricultural Act of 1949 to obligate specified funds for 1996 livestock feed emergencies. Requires a report on the use of certain commodity reserves for livestock assistance.
United States · United States Congress · 7 May 1996
National Geologic Mapping Reauthorization Act of 1996 - Amends the National Geologic Mapping Act of 1992 to establish a national cooperative geologic mapping program between the U.S. Geological Survey and State geological surveys. Establishes a geologic mapping advisory committee to advise the Director of the U.S. Geological Survey on planning and implementation of the geological mapping program. Authorizes appropriations.
United States · United States Congress · 23 April 1996
Congratulates the people of the Republic of Sierra Leone for holding their first democratic multiparty presidential and parliamentary elections in nearly 30 years. Encourages them to continue to negotiate an end to the civil war and to work together. Reaffirms the commitment of the United States to helping nations move toward freedom and democracy and to encouraging peace, democracy, and economic development on the African continent.
United States · United States Congress · 19 April 1996
Provides for observation of a moment of silence at 9:02 a.m. central daylight time on April 19, 1996, in remembrance of the victims of the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Commends the people of Oklahoma and the aid provided by rescuers, Federal agencies, countless volunteers, and Federal employees. Reaffirms trust in our system of justice to ensure that the perpetrators are convicted and punished.
United States · United States Congress · 18 April 1996
Commends the U.S. armed forces and U.S. Embassy personnel for the successful evacuation of over 1,795 people from Liberia. Declares that a breakdown of the Abuja process would have disastrous humanitarian ramifications and seriously threaten other U.S. interests in West Africa. Calls upon all factions to reach a cease-fire and recommit themselves to the Abuja process. Urges the Administration to: (1) identify funds that could be either reprogrammed or transferred and used to support additional non-Nigerian West African peacekeepers; (2) consider the provision of excess defense articles for communications and logistical support and training for crowd-control techniques for non-Nigerian troops to participate effectively in a West African peacekeeping force; (3) use its influence with other nations with interests in Liberia to solicit further support for West African peacekeeping forces, including their participation at the April 26 meeting of a newly formed Contact Group in Liberia; and (4) lead United Nations (UN) efforts to activate a Commission to develop an implementation plan and sanctions against those parties violating the UN arms embargo on Liberia.
United States · United States Congress · 15 April 1996
Pays tribute to the remarkable life and career of Ronald H. Brown (the late Secretary of Commerce) and to the contributions of all those who perished in the airplane accident on April 3, 1996, while in service to their country on a mission to Bosnia. Extends condolences to the victims' families.
United States · United States Congress · 29 March 1996
National Invasive Species Act of 1996 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to mandate: (1) regulations to prevent the introduction and spread of aquatic nuisance species into the Great Lakes through ballast water; and (2) voluntary guidelines to prevent such introduction and spread in U.S. waters by ballast water and other vessel operations. Authorizes mandatory regulations if guideline compliance is inadequate. Provides for enforcement through revocation of clearance and civil and criminal penalties. Encourages negotiations with foreign governments to develop and implement an international program for preventing such introduction and spread in North American waters. Mandates studies of Lake Champlain, the Chesapeake Bay, San Francisco Bay, Honolulu Harbor, Prince William Sound, and other waters. Requires annual grants for six years for aquatic nuisance species prevention and control research in the Chesapeake Bay and the Gulf of Mexico. Establishes a clearinghouse of national data on ballasting practices and compliance with guidelines under this Act. Mandates a ballast water management program for the Navy's seagoing fleet to limit the risk of invasion by nonindigenous species from ballast water. Requires: (1) a ballast water management program to demonstrate technologies and practices to prevent aquatic nonindigenous species from being introduced into and spread through ballast water in U.S. waters; and (2) that the installation and construction of those technologies and practices be performed in a U.S. shipyard or ship repair facility. Modifies: (1) the composition and research priorities of the Aquatic Nuisance Species Task Force; and (2) zebra mussel demonstration program requirements. Requires the Task Force to encourage (including through financial assistance) the development and use of regional coordination panels and similar entities in regions other than the Great Lakes. Provides for interstate (in addition to existing State) aquatic nuisance species management plans, allowing Indian tribes as well as States to participate. Authorizes appropriations.
United States · United States Congress · 28 March 1996
Irrigation Project Contract Extension Act of 1996 - Directs the Secretary of the Interior to extend for an additional four years each of ten specified construction repayment and water service contracts entered into under the Reclamation Project Act of 1939 and the Flood Control Act of 1944 as irrigation projects in Kansas and Nebraska as part of the Missouri River Basin Project.
United States · United States Congress · 27 March 1996
Propane Education and Research Act of 1996 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States. Authorizes the Council to levy annual assessments on odorized propane, according to prescribed guidelines, to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, annual analyses of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on whether: (1) operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.
United States · United States Congress · 26 March 1996
Older Americans Amendments of 1996 - Revises the Older American Community Service Employment Act (OACSE) and the Older Americans Act of 1965 (OAA) (of which it is a part) to reauthorize and extend the former OACSE program (renamed the Senior Community Service Employment Program), as modified by this Act, through FY 1996, with, among other changes, revisions in the funding allotment formulae for making grants to eligible States and tribal organizations for authorized program projects employing older individuals. Authorizes appropriations. (Sec. 4) Reauthorizes and extends certain current OAA programs through FY 2001, including the State Long-Term Care Ombudsman program, the Disease Prevention and Health Promotion Services program, and supportive services programs providing legal, counseling, outreach, and other assistance to the aged, as well as nutrition services programs which are combined into a single congregate and home nutrition services program. Modifies such latter two programs, among other things, to: (1) authorize States to transfer funds, as appropriate, between supportive services and nutrition programs; and (2) eliminate the funding process between home-delivered and congregate meals programs. Eliminates other specified federally structured OAA programs, such as the school-based meals for volunteer older individuals and multigenerational programs and in-home services program for frail older individuals, in many cases allowing the States to design their own programs to provide such services. Authorizes appropriations. Reauthorizes and extends the Administration on Aging (AOA) through FY 2001. Authorizes appropriations. Includes within the modifications made to OAA and its programs by this Act: (1) restructuring OAA into four main titles on Federal functions, State and local responsibilities, and Native American programs on aging (thus eliminating current titles on training, research, and discretionary projects and programs, and on vulnerable elder rights protection activities, while relocating many of their key components elsewhere within OAA, such as those for training and demonstration projects and the prevention of elder abuse, neglect, and exploitation); (2) eliminating various special offices within AOA and giving the Assistant Secretary for Aging responsibility for administering all OAA programs; (3) revising State and local government authority with respect to designing and operating their own programs and projects for the aged (such as those for in-home services for frail older individuals); (4) abolishing the Federal Council on the Aging and the National Aging Information Center, and repealing the mandate for, but authorizing operation of, the National Center on Elder Abuse; (5) redefining "low-income individual" to mean a member of a family whose income is not more than 150 percent of the Federal poverty line; (6) permitting States to institute cost-sharing under the State's OAA plan while providing that no older individual will be denied a service under the plan because of inability to pay; and (7) making additional funds available for nutrition services for the aged provided through the Department of Agriculture. Authorizes appropriations. (Sec. 9) Provides for the transfer to the Department of Health and Human Services of all functions that the Secretary of Labor exercised before this Act was effective that relate to the former OACSE program and are minimally necessary to carry out such program.
United States · United States Congress · 20 March 1996
Exempts from copyright infringement the communication within a commercial establishment of the transmission of a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission, if no direct charge is made to see or hear the transmission, its reception is authorized, and such transmission is not retransmitted to the public beyond such premises, and if communicated: (1) in an area where a transmission is intended to be received by the general public that is smaller than 5,000 square feet; (2) within an establishment whose gross annual income does not exceed 20 percent of the gross annual income of a small business as defined by the Small Business Administration; (3) by means of ten or fewer loudspeakers; or (4) by means of speakers in audiovisual devices only. (Sec. 2) Requires any controversy or dispute arising out of the appropriate fee to be paid for the user's past or future performance of nondramatic musical works in the repertoire of a performing rights society (PRS) to be settled by arbitration administered by the American Arbitration Association. Outlines provisions: (1) requiring the confidentiality of arbitration findings; (2) limiting the length of time that the finding of an appropriate fee shall apply; (3) requiring a PRS to make available to all interested persons access to copyright and licensing information for each nondramatic musical work in its repertoire; and (4) requiring a PRS to make available a printed directory of each title in its repertoire. Provides restrictions for PRSs not in compliance with such requirements. (Sec. 3) Requires each PRS to offer to any radio broadcaster that so requests a per programming period license (license) to perform nondramatic musical works in the repertoire of the PRS. Outlines provisions: (1) determining the price of each such license; (2) providing for the determination of the performance of nondramatic musical works by a broadcaster under any such license; and (3) enforcing a broadcaster's right to apply for and receive such a license. (Sec. 4) Exempts from copyright infringement the transmission of religious services, or the recording of a program embodying such services in their entirety, if there is no commercial advertisement or commercial sponsor within such program. (Sec. 5) Defines "performing rights society," "general music user," and "loudspeaker" for purposes of the copyright laws.
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
Condemns the terror attacks in Jerusalem and Ashkelon. Extends condolences to the victims' families and to the Government and people of Israel. Calls upon: (1) the Palestinian Authority, the elected Palestinian Council, and Chairman Arafat to apprehend the perpetrators of terror attacks, to do more to prevent such acts in the future, and to eschew all statements and gestures which signal tolerance for such acts and their perpetrators; and (2) the Authority and the Council to take all possible action to eliminate terrorist activities by Hamas, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, and all other such terror groups. Urges: (1) all parties to the peace process to bring to justice the perpetrators of acts of terrorism and to cease harboring, financing, and arming terror groups; and (2) the Clinton Administration to act against those who continue to harbor, arm, or finance terror groups seeking to undermine the peace process.
United States · United States Congress · 9 February 1996
Urges the Government of Iran to extend to the Baha'i community the rights guaranteed by the Universal Declaration of Human Rights and the international covenants on human rights. Calls upon the President to continue to: (1) assert the U.S. Government's concern regarding Iran's violations of the rights of its citizens, including members of the Baha'i community, along with expressions of concern regarding the Iranian Government's support for international terrorism and its efforts to acquire weapons of mass destruction; (2) emphasize that the United States regards the human rights practices of the Iranian Government, particularly its treatment of the Baha'i community and other religious minorities, as a significant factor in the development of U.S.-Iranian relations; (3) urge the Iranian Government to emancipate the Baha'i community by granting those rights guaranteed by the Universal Declaration of Human Rights and the international covenants on human rights; and (4) encourage other governments to continue to appeal to the Government of Iran, and to cooperate with other governments and international organizations, in efforts to protect the religious rights of the Baha'is and other minorities in Iran.
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 · 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 · 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 · 29 December 1995
Highway Rail Grade Crossing Safety Formula Enhancement Act of 1995 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to direct the Secretary of Transportation, for each of specified years, to set aside five percent of the funds authorized for the surface transportation program to be apportioned among the States for railway-highway crossings based on a formula which takes into account the number of accidents and fatalities at public railway-highway crossings over a three-year period, the number of such crossings, and the number of such crossings with passive warning devices, in each State relative to all States. Provides for exclusive availability of specified apportioned funds for railway-highway crossings and for hazard elimination programs in FY 1997.
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 · 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 · 29 November 1995
Biennial Budgeting Act of 1995 - Amends the Congressional Budget Act of 1974 to revise the Federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Devotes the first session of any Congress to the budget resolution and to appropriations decisions, retaining current deadlines in most cases. Changes certain deadlines to conform to the biennial scheme. Devotes each second session to authorization activity, subject to specified deadlines. Requires the Director of the Congressional Budget Office to issue four-year projections of congressional budget action. (Current projections are on a five-year basis.) Amends provisions relating to the reconciliation process to: (1) increase from 20 to 100 hours the time of debate permitted in the Senate with respect to reconciliation measures; and (2) make it out of order in both the House and the Senate to consider any reconciliation legislation changing any provision of law other than one relating to new budget or spending authority, revenues, or the public debt limit. Conforms provisions governing the President's budget to the biennial framework. Amends the Rules of the House of Representatives to conform to the biennial framework. Sets forth effective date provisions.
United States · United States Congress · 28 November 1995
Federal Shutdown Equity Act - Amends specified Federal laws relating to compensation for Members of Congress and for the President to prohibit any such compensation from being paid for any period during FY 1996 during which appropriations for the compensation of Federal employees have lapsed, until all regular appropriations laws have been enacted or a continuing appropriations resolution has become law covering those regular appropriations bills that have not been enacted (thus providing for comparable treatment of Federal employees and Members of Congress and the President during any fiscal hiatus during FY 1996).
United States · United States Congress · 17 November 1995
Occupational Safety and Health Reform and Reinvention Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to provide that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. (Sec. 3) Revises inspection provisions. Prohibits routine inspections of employers of ten or fewer employees if such employers: (1) are farming operations which do not maintain a temporary labor camp; or (2) are in a category of employers having an occupational injury or a lost workday case rate which is less than the national average. Grants the Secretary of Labor specified types of discretionary authority in determining which employee complaints must receive special inspection responses. (Sec. 4) Directs the Secretary to establish a voluntary compliance program granting partial exemption from certain OSHA safety and health inspections and investigations for employers who either retain certain consultation or certification programs, or have an exemplary safety record and a safety and health program meeting specified criteria, including having an employee participation program. (Sec. 5) Adds employer defenses of employee misconduct or alternative safer methods. (Sec. 6) Prohibits the Secretary from establishing any quotas for subordinates within the Occupational Safety and Health Administration with respect to number of inspections conducted, citations issued, or penalties collected. (Sec. 7) Provides for warnings in lieu of citations. (Sec. 8) Reduces penalties for nonserious violations and where there are mitigating circumstances. Directs the Occupational Safety and Health Review Commission to assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors. Provides for various reductions of penalties for voluntary compliance program participants or exemplary safe worksites under certain conditions. (Sec. 9) Directs the Secretary to enter into cooperative agreements with States for the provision of State consultation services to employers concerning the provision of safe and healthful working conditions. Makes a State eligible to enter into such an agreement only if its approved plan does not include provisions for federally funded consultation to employers. Requires that at least 15 percent of the annual appropriation to carry out OSHA be expended for education, consultation, and outreach efforts. (Sec. 10) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems which include specified required features; and (2) a voluntary protection program, also with specified required features, to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards.
United States · United States Congress · 17 November 1995
Nigeria Democracy Act - Imposes certain economic sanctions against Nigeria to promote democracy and human rights there. Directs the President to notify Nigeria immediately of his intention to suspend air transportation between the United States and such country. Urges the President to seek multilateral support for an international embargo on the sale of arms to, and sale of crude oil or refined petroleum products from, Nigeria. Authorizes waiver of such sanctions if the President certifies to the Congress that: (1) Nigeria has released all political prisoners and demonstrated a commitment to respecting internationally-recognized human rights and civilian, democratic government; or (2) such waiver is important to the national interest. Declares the sense of the Congress that the United States should impose additional measures against the Government of Nigeria if substantial progress has not been made within three months after enactment of this Act toward the establishment of civilian, democratic government and respect for internationally recognized human rights. Requires a progress report from the President to the Congress, including specified recommendations if progress has not been made.
United States · United States Congress · 7 November 1995
ERISA Clarification Act of 1995 - Directs the Secretary of Labor to issue guidance on the application of the Employee Retirement Income Security Act of 1974 (ERISA) to insurance company general accounts. Requires such guidance to: (1) be for purposes of determining, in cases where an insurer issues one or more policies to or for the benefit of an employee benefit plan, which assets of the insurer (other than plan assets held in its separate accounts) constitute assets of the plan for purposes of specified provisions of ERISA and the Internal Revenue Code; and (2) provide that assets not treated as plan assets under certain provisions not be treated as plan assets under other provisions. Authorizes the Secretary to exclude any assets of the insurer with respect to its operations, products, or services from treatment as plan assets.
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 · 3 November 1995
TABLE OF CONTENTS: Title I: Termination of the Interstate Commerce Commission; Repeal of Obsolete and Unnecessary Provisions of Law Subtitle A: Termination of ICC Subtitle B: Repeal of Obsolete, Etc., Provisions Title II: Intermodal Surface Transportation Board Subtitle A: Organization Subtitle B: Administrative Title III: Rail and Pipeline Transportation Title IV: Motor Carrier, Water Carrier, Broker, and Freight Forwarder Transportation Subtitle A: Addition of Part B Subtitle B: Motor Carrier Registration and Insurance Requirements Title V: Amendments to Other Laws Title VI: Authorization Title VII: Effective Date Interstate Commerce Commission Sunset Act of 1995 - Title I: Termination of the Interstate Commerce Commission; Repeal of Obsolete and Unnecessary Provisions of Law - Subtitle A: Termination of ICC - Terminates the Interstate Commerce Commission (ICC) as an independent executive agency of the U.S. Government upon transfer of specified functions to the Secretary of Transportation and to the Intermodal Surface Transportation Board established by this Act. Subtitle B: Repeal of Obsolete, Etc., Provisions - Amends Federal transportation law to repeal specified provisions relating to the regulation of rail and certain other surface transportation. Title II: Intermodal Surface Transportation Board - Subtitle A: Organization - Amends Federal transportation law to establish the Intermodal Surface Transportation Board (Board) within the Department of Transportation (DOT). (Sec. 201) Declares that the Board shall perform all functions previously performed by the ICC. Subtitle B: Administrative - Sets forth administrative provisions, including authorizing the Board to: (1) obtain certain information from transportation carriers under its jurisdiction; and (2) reopen, on its own initiative because of material error, new evidence, or substantially changed circumstances, any proceeding, or grant a rehearing of or change a Board action. (Sec. 212) Authorizes an interested party to petition to reopen and reconsider a Board action. (Sec. 215) Directs the Federal Highway Administration (FHA) to issue an advance notice of proposed rulemaking with respect to a specified variety of fatigue-related transportation issues. Title III: Rail and Pipeline Transportation - Makes conforming amendments to reflect the Board's jurisdiction with respect to rail and pipeline transportation. (Sec. 302) Declares, among other things, that in regulating the railroad industry it is the policy of the U.S. Government to provide expeditious remedies for traffic and facilities lacking effective transportation competition. (Sec. 303) Revises, for purposes of this title, the term "common carrier" to mean a pipeline carrier or a rail carrier only, eliminating express carrier, sleeping car carrier, motor common carrier, water common carrier, and household goods freight forwarder. (Sec. 306) Revises the requirements for: (1) revocation of an exemption from Federal transportation law; and (2) the calculation of monetary damages in a complaint accompanying a request for revocation that claims a violation of Federal transportation law by a railroad. (Sec. 308) Directs the Board to: (1) complete the pending ICC non-coal rate guidelines proceeding to establish a simplified and expedited method for determining the reasonableness of challenged rail rates in those cases in which a stand-alone cost presentation is impractical; and (2) establish procedures to ensure expeditious handling of challenges to the reasonableness of railroad rates. (Sec. 314) Denies the Board authority to begin, on its own initiative, an investigation to determine whether a proposed rail carrier rate, classification, rule, or practice is reasonable. Authorizes the Board to conduct such an investigation only upon complaint of an interested party. (Sec. 315) Sets forth specified factors the Board shall consider when determining whether a rail carrier rate is reasonable. Authorizes the Board, upon complaint of an interested party, to begin an investigation to determine whether a proposed rate increase is reasonable if such rate results in a revenue-variable cost percentage that is equal to or greater than 20 percentage points above the revenue-variable cost percentage applicable under this title. Requires the Board to set forth its reasons, giving due consideration to specified factors, when determining whether to investigate a rate increase. (Sec. 316) Authorizes the Board, on application of an interested party (but not on its own initiative), to begin a proceeding to determine the lawfulness of any pipeline carrier-proposed new individual or joint rate or individual or joint classification, rule, or practice affecting a rate. (Sec. 317) Requires the Board to consider the availability of other economic transportation alternatives, in addition to any other factors it deems relevant, when making a determination of market dominance in proceedings to determine the lawfulness of a rail carrier rate. Revises provisions with respect to market dominance determinations. (Sec. 318) Requires filing with the Board of a summary of each contract between one or more rail carriers and one or more purchasers for the transportation of agricultural products, including grain. (Sec. 320) Prohibits a carrier from subjecting a freight forwarder to unreasonable discrimination (charge a different rate for the same service) whether or not such forwarder is controlled by the carrier. (Sec. 326) Prohibits a carrier from providing transportation of agricultural products, including grain, (currently, a carrier providing any transportation or service) without a tariff containing the rates, classifications, rules, and practices for such transportation (thus eliminating general filing requirements). Requires such tariff to be published and made available for public inspection. (Sec. 328) Authorizes the Board to require certain employee protection arrangements for transactions involving certain Class II freight rail carriers and Class III freight rail carriers and non-carriers that are not owned or controlled by a Class I rail carrier and that are not a commuter, switching, or terminal railroad. Authorizes the Board, with respect to all transactions involving such carriers which propose to construct or provide transportation over a railroad line, to require an arrangement for the protection of the interest of railroad employees who are adversely affected by such transaction not to exceed one year's salary per affected employee and protection no less than that required under the Worker Adjustment and Retraining Act, unless otherwise agreed to by the parties. (Sec. 334) Requires a carrier to provide, upon request, common carrier rates and other common carrier service terms. (Sec. 337) Requires the Board to consult with the National Grain Car Council on matters within the charter of that body. (Sec. 346) Requires the Board to collect and keep open for public inspection a railway equipment register. (Sec. 349) Repeals discretionary authority to exempt persons, classes, and transactions from merger, consolidation, and acquisition requirements if certain conditions are met. (Sec. 350) Repeals provision for rail carrier applications for approval of a transaction to furnish motor carrier transportation before or after rail transportation to serve inadequately served shippers located on a railroad other than the applicant carrier. (Sec. 375) Establishes the Rail-Shipper Transportation Advisory Council, which shall advise the Secretary of Transportation, Council Chairman, and relevant congressional transportation policy oversight committees with respect to significant rail transportation policy issues, with particular attention to issues of importance to small shippers and small railroads. Title IV: Motor Carrier, Water Carrier, Broker, and Freight Forwarder Transportation - Subtitle A: Addition of Part B - Amends Federal transportation law to add a new Part B of Subtitle IV, Title 49, U.S. Code, covering the regulation of motor carriers, water carriers, brokers, and freight forwarders. Declares that in order to ensure the development, coordination, and preservation of a transportation system that meets the transportation needs of the United States, it is U.S. policy to provide for the impartial regulation of modes of transportation, including motor carrier transportation and the transportation of passengers by motor carrier. (Sec. 401) Defines "carrier" to mean a motor carrier, a water carrier, and a freight forwarder (including, for registration purposes, foreign motor carriers and foreign motor private carriers). Sets forth administrative provisions with respect to: (1) the powers and jurisdiction of the Secretary and the Board over motor carriers, water carriers, brokers, and freight forwarders; (2) certain requirements for rates, classifications, through routes, rules, and practices with respect to the transportation of household goods or passengers by motor carrier or transportation by water carrier; (3) procedures for resolving claims by a motor carrier of property (other than a household goods carrier) or freight forwarder with respect to unfiled, negotiated transportation rates; (4) rates for the transportation of U.S. property or U.S. officials; (5) nondiscriminatory compensation requirements with regard to the transportation of food and grocery products; (6) certain motor carrier, freight forwarder, and motor carrier broker registration requirements; (7) an on-line Federal registration system for motor carriers; (8) general operation requirements with respect to motor carriers; (9) inspection of records of motor carriers and brokers; (10) security interests in motor carrier vehicles; (11) pooling or division of transportation services or earnings by motor carriers; (12) Federal jurisdiction over interstate and intrastate transportation of passengers by motor carrier and transportation by freight forwarders and brokers; (13) State and local tax discrimination against motor carrier transportation property; (14) State and local income taxation of motor carrier employees; (15) enforcement, investigations, rights, and remedies; and (16) civil and criminal penalties. Subtitle B: Motor Carrier Registration and Insurance Requirements - Requires State plans for the enforcement of Federal and compatible State commercial motor vehicle safety standards to include, among other things, assurances that the State will cooperate in the enforcement of certain motor carrier registration and insurance requirements. (Sec. 453) Directs the Secretary to continue to enforce ICC rules and regulations, as in effect on July 1, 1995, governing the qualifications for approval of a motor carrier as a self-insurer, until it is in the public interest to revise them. Requires any rule revision to provide for continued ability of motor carriers to qualify as self-insurers, including continued qualification of all carriers already qualified. (Sec. 454) Directs the Secretary to establish a Motor Carrier Register that will serve as a clearinghouse and depository of information on compliance with required levels of financial responsibility (insurance), service of process agents, and identification and disqualification of motor carriers required to register with the Secretary. (Sec. 456) Directs the Secretary to require motor carriers of passengers or property to register their motor vehicle operations with DOT. Title V: Amendments to Other Laws - Makes conforming amendments to specified Federal laws. Title VI: Authorization - Authorizes appropriations. Title VII: Effective Date - Makes January 1, 1996, the effective date of this Act.
United States · United States Congress · 24 October 1995
TABLE OF CONTENTS: Title I: Individual's Rights Subtitle A: Review of Protected Health Information by Subjects of the Information Subtitle B: Establishment of Safeguards Title II: Restrictions on Use and Disclosure Title III: Sanctions Subtitle A: Civil Sanctions Subtitle B: Criminal Sanctions Title IV: Miscellaneous Medical Records Confidentiality Act of 1995 - Defines "health information trustee" (HIT) to mean a person or entity that creates, receives, obtains, maintains, uses, or transmits protected health information (PHI) and any employee, agent, or contractor of such a person. Title I: Individual's Rights - Subtitle A: Review of Protected Health Information by Subjects of the Information - Requires a HIT to permit an individual who is the subject of PHI to inspect and copy the information, subject to cost reimbursement and exceptions. (Sec. 102) Provides for correction or amendment of PHI, written notice of a HIT's information practices, and development of a model notice. Subtitle B: Establishment of Safeguards - Requires a HIT to maintain: (1) administrative, technical, and physical confidentiality safeguards; and (2) for at least seven years, a record of any PHI disclosure not related to treatment. Title II: Restrictions on Use and Disclosure - Prohibits disclosures except: (1) as allowed under this title; (2) compatible with the purposes for which the information was obtained; and (3) in the minimum amount necessary to accomplish the disclosure's purpose. (Sec. 202) Regulates disclosure authorizations: (1) related to treatment or payment, including providing for revocation or amendment of authorization and development and dissemination of model authorizations; and (2) not related to treatment or payment. (Sec. 204) Allows disclosure to a certified health information service for the purpose of creating nonidentifiable health information. Provides for certification. (Sec. 205) Specifies the circumstances in which disclosure is allowed: (1) to an individual's next of kin; (2) to any other person; and (3) after death. (Sec. 207) Allows disclosure to a health oversight agency for an oversight function authorized by law. (Sec. 208) Allows specified entities to disclose PHI to a public health authority or other person authorized by law for use in a legally authorized disease or injury report, public health surveillance, or public health investigation or intervention. (Sec. 209) Specifies the circumstances in which disclosure to a certified institutional review board is allowed. Provides for certification. (Sec. 210) Allows specified entities to disclose PHI in connection with certain judicial or administrative proceedings. (Sec. 211) Allows specified entities to disclose PHI pursuant to a subpoena if certain procedures are followed. Sets forth challenge procedures. (Sec. 212) Regulates disclosure related to government subpoenas, warrants, and summonses. (Sec. 213) Directs the Secretary of Health and Human Services to promulgate standards for disclosing, authorizing, and authenticating protected health information in electronic form. Title III: Sanctions - Subtitle A: Civil Sanctions - Imposes on HITs a civil penalty for substantial and material failure to comply with this Act. Provides, if the violations have occurred with such frequency as to constitute a general business practice, for a higher civil penalty or exclusion from Medicare and Medicaid (titles XVIII and XIX of the Social Security Act) or any other federally funded health care programs. (Sec. 302) Allows an individual aggrieved by a violation of this title to bring a civil action for preliminary and equitable relief, actual or liquidated damages, and punitive damages. Allows assessment of attorney's fees. Subtitle B: Criminal Sanctions - Provides for criminal fines and imprisonment for violations of this title. Title IV: Miscellaneous - Declares that: (1) this Act, subject to exceptions, preempts State law; and (2) a HIT that makes a disclosure permitted by this title shall not be liable to the individual for the disclosure under common law.
United States · United States Congress · 17 October 1995
TABLE OF CONTENTS: Title I: Solid-Organ Transplant Program Title II: Bone Marrow Donor Program Organ and Bone Marrow Transplant Program Reauthorization Act of 1995 - Title I: Solid-Organ Transplant Program - Solid-Organ Transplant Program Reauthorization Act of 1995 - Amends the Public Health Service Act (PHSA) to replace certain provisions relating to organ procurement organizations (OPOs) with provisions authorizing cooperative agreements and contracts to increase organ donation. Revises OPO requirements, including requiring an OPO to be a member of and abide by the rules of the Organ Procurement and Transplantation Network. (Sec. 103) Replaces certain provisions relating to the Network with provisions mandating a contract for the operation of the Network. Requires that the Network be recognized as a private entity that has expertise in organ procurement and transplantation with the primary purposes of encouraging organ donation, maintaining a "wait list," and operating an allocation system. Requires the Network to report continuing noncompliance with Network policies, rules, and requirements. Allows the Network to asses a patient registration fee and a data management fee. Grants the Secretary of Health and Human Services and the Comptroller General access to all data collected. Revises Network requirements. Requires the Network to implement the access recommendations of the evaluation mandated by this Act. (Sec. 104) Revises requirements regarding the terms and conditions of contracts under PHSA organ transplant provisions. (Sec. 105) Modifies requirements regarding a Public Health Service administrative unit that deals with organ procurement activities. Requires that unit to oversee the Network and to oversee the scientific registry mandated by this Act. (Sec. 106) Mandates a contract for an evaluation and a report to the Senate Labor and Human Resources Committee regarding: (1) the role and impact of the Government in the oversight and support of solid-organ transplantation, the Network, and the scientific registry; (2) access to membership on the Network's board and committees. (Sec. 108) Authorizes appropriations to carry out specified organ transplant provisions. Title II: Bone Marrow Donor Program - Bone Marrow Transplantation Program Reauthorization Act of 1995 - Makes the primary purpose of the National Bone Marrow Donor Registry (Donor Registry) increasing unrelated donor marrow transplants. Imposes organizational requirements and revises functions. Authorizes contracts for increasing unrelated allogeneic marrow transplants. Requires the Donor Registry to establish and maintain an office of patient advocacy and case management. Mandates a contract for an evaluation of: (1) the role of a national bone marrow transplant program supported by the Government in facilitating unrelated marrow donor transplants; and (2) other possible clinical or scientific uses of the potential donor pool or accompanying information maintained by the Donor Registry or the unrelated marrow donor scientific registry. Requires evaluations and a report to the Senate Labor and Human Resources Committee on: (1) the feasibility of integrating or consolidating all federally funded bone marrow transplantation scientific registries; and (2) all federally funded bone marrow transplantation research to be conducted under the National Institutes of Health's peer review system. Mandates the establishment and maintenance of a bone marrow scientific registry of all recipients of biologic unrelated allogeneic marrow donors. Authorizes appropriations to carry out Donor Registry provisions.
United States · United States Congress · 27 September 1995
Farm Income Transition Act of 1995 - Amends the Agricultural Act of 1949 to establish annual and aggregate limits on Commodity Credit Corporation farm and export expenditures through crop year 2002. Directs the Secretary of Agriculture to offer seven-year market transition contracts for cropland compliance with conservation and wetland requirements. Makes nonrecourse marketing assistance loans available through crop year 2002 for specified crops. Directs the Secretary to carry out a pilot and subsequent national program of voluntary revenue insurance to provide agricultural producers with an indemnity for lost revenues.
United States · United States Congress · 25 September 1995
Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Nuclear Waste Policy Act of 1995. Instructs the Secretary of Energy (the Secretary) to: (1) develop and operate a repository for the permanent geologic disposal of spent nuclear fuel and high-level radioactive waste; (2) accept spent nuclear fuel and high-level radioactive waste by no later than January 31, 1998, at facilities designated pursuant to certain interim storage facility contracts; (3) provide for the transportation of such wastes (including procuring all systems and components necessary to transport such fuel and waste among facilities comprising the Integrated Management System established by this Act); and (4) pursue expeditiously the development of each component of the integrated management system. Establishes an integrated management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Prescribes guidelines under which the Secretary is charged with the development and operation of a rail spur originating in Lincoln County, Nevada, and terminating at the interim storage facility site. Provides for intermodal transfer pending direct rail access. Sets a deadline by which the Secretary must develop the capability to commence rail to truck intermodal transfer at Caliente, Nevada. Requires the Nuclear Regulatory Commission (NRC) to enter into a Memorandum of Understanding with the City of Caliente and Lincoln County, Nevada, to advise the Commission regarding intermodal transfer and to facilitate on-site representation. Prescribes procedural guidelines for the availability by January 31, 1998 of: (1) railroads; (2) transportation planning and requirements; (3) interim storage facilities; (4) permanent disposal; and (5) land withdrawal. Prescribes guidelines for consultation, financial, and technical assistance between the Secretary and the State of Nevada. Instructs the Secretary to: (1) offer the State of Nevada and the affected local governmental entity an opportunity to designate an on-site oversight representative; and (2) offer to enter into separate benefits agreements with the State of Nevada and certain affected Counties concerning the integrated management system. Establishes a Review Panel to advise the Secretary on the integrated management system. Prescribes a fee schedule for electricity generated by civilian nuclear power reactors and spent nuclear fuel used to generate electricity in a civilian nuclear power reactor. Provides that payment of a one-time fee on either spent nuclear fuel used to generate electricity in a civilian nuclear power reactor, or the high- level radioactive waste derived from it, relieves the responsible party from further financial obligation to the Federal Government for its long-term storage or permanent disposal. Sets forth advance contract prerequisites for utilization or production facility license renewals under the Atomic Energy Act of 1954. Continues the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) issue a final rule establishing the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste from atomic energy defense activities and spent nuclear fuel foreign research reactors; and (2) advise the Congress annually of the amount of spent nuclear fuel and high-level radioactive waste from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Prescribes a prioritization scheme for the allocation of funds: (1) to components of the integrated management system; and (2) from the Nuclear Waste Fund. States that actions authorized by this Act shall be governed solely in accordance with the provisions of specified statutes. Grants the United States courts of appeals original and exclusive jurisdiction over civil actions under this Act. Prescribes guidelines for NRC licensing hearings. Prohibits the Secretary from conducting site-specific activities for a second repository unless the Congress has specifically authorized and appropriated funds therefor. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear power plant personnel. Delineates an acceptance schedule for contract holders' spent nuclear fuel and high-level radioactive waste. Proscribes: (1) subseabed or ocean water disposal of spent nuclear fuel or high-level radioactive waste; and (2) any obligation of funds for any such related activity. Continues the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take action as necessary to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. States that the program is not subject to civil service regulations. Abolishes the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. Requires the Secretary to present annual schedule and timeline status reports to the Congress. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; (2) employ, on an on-going basis, integrated performance modeling regarding site characterization; and (3) report an action plan (and annual updates) to the Congress regarding implementation of this Act and development of the Integrated Waste Management System.
United States · United States Congress · 7 September 1995
Legal Services Reform Act of 1995 - Revises the Legal Services Corporation Act, including authorizing appropriations for the Legal Services Corporation for FY 1996 through 2000. (Sec. 4) Prohibits the use of Corporation funds for redistricting activity. (Sec. 5) Applies to the Corporation: (1) Federal criminal laws against theft, fraud, and embezzlement with respect to Corporation funds; (2) the Federal criminal statute against obstructing a Federal audit; and (3) certain provisions of the False Claims Act. (Sec. 6) Sets forth provisions regarding: (1) restrictions on solicitation of clients; and (2) procedural safeguards for litigation. (Sec. 8) Revises lobbying restrictions, including requiring the Corporation to ensure that Corporation funds are not used to pay for publicity or propaganda intended to support or defeat legislation. (Sec. 9) Directs the Corporation to require each recipient of financial assistance to maintain records of time spent on cases. (Sec. 10) Requires the board of directors of each nonprofit organization furnishing legal assistance and receiving Corporation funds to set specific priorities for the types of matters it handles. (Sec. 11) Revises financing provisions to require that non-Federal funds received by the Corporation be accounted for and reported as receipts and disbursements separate and distinct from Corporation funds. (Sec. 12) Prohibits the use of Corporation funds in certain cases involving eviction from public housing for drug violations. (Sec. 13) Requires all Corporation grants and contracts to be awarded under a competitive bidding system. Sets forth provisions governing such system. (Sec. 14) Authorizes the Corporation to provide assistance to substate regional planning and coordination agencies composed of substate areas whose governing boards are controlled by locally elected officials. Repeals provisions authorizing the Corporation to provide certain research and training and technical assistance and to serve as an information clearinghouse. Prohibits a financial assistance recipient, or any client of such recipient, from claiming or collecting attorney fees from nongovernmental parties to litigation initiated by such client with the assistance of such recipient. Directs the Corporation to create a fund to pay defendants or clients under specified circumstances involving retaliation or harassment. Authorizes appropriations. (Sec. 15) Sets forth restrictions on the use of Corporation funds for: (1) abortion litigation; (2) class actions against the Federal Government or any State or local government; and (3) legal assistance to aliens. (Sec. 18) Revises provisions regarding: (1) the support or conduct of training programs; and (2) fee-generating cases. (Sec. 19) Directs the Corporation to study the feasibility of using client copayments to assist in setting service priorities. Authorizes the Corporation to adopt a permanent system of client copayments for its legal assistance programs. (Sec. 21) Prohibits the use of Corporation funds involving: (1) efforts to reform welfare; and (2) prisoner litigation. (Sec. 23) Directs the President (currently, the board) to appoint the president of the Corporation. (Sec. 24) Prohibits the creation or use of "alternative corporations." (Sec. 25) Limits pay for officers and employees of the Corporation to the rate of level III (currently, V) of the Executive Schedule. (Sec. 26) Requires the Corporation to maintain its principal office in the Washington, D.C. metropolitan area (currently, in the District of Columbia). (Sec. 27) Specifies that "attorney client privilege" protects only a communication made in confidence to an attorney by a client for the purpose of seeking legal advice and does not protect from disclosure to Federal auditors.
United States · United States Congress · 7 September 1995
TABLE OF CONTENTS: Title I: Senate Election Spending Limits and Benefits Title II: Reduction of Special Interest Influence Subtitle A: Elimination of Political Action Committees From Federal Election Activities Subtitle B: Provisions Relating to Soft Money of Political Parties Subtitle C: Soft Money of Persons Other Than Political Parties Subtitle D: Contributions Subtitle E: Additional Contribution Limits Subtitle F: Independent Expenditures Title III: Miscellaneous Provisions Senate Campaign Finance Reform Act of 1995 - Title I: Senate Election Spending Limits and Benefits - Amends the Federal Election Campaign Act of 1971 (FECA) to set forth Senate election spending limits and benefits. Entitles complying candidates to specified: (1) broadcast discounts and free time; and (2) postage reductions. (Sec. 103) Amends the Communications Act of 1934 to: (1) provide for preemption only in situations beyond a station's control; and (2) extend the license revocation provision for failure to provide access to cable systems. Title II: Reduction of Special Interest Influence - Subtitle A: Elimination of Political Action Committees From Federal Election Activities - Amends FECA to prohibit Federal election activities by political action committees (as defined by this Act). States that if such ban is not in effect: (1) a committee's contributions to a candidate shall not exceed limits applicable to an individual; and (2) a candidate may not accept more than 20 percent of contributions from committee sources. Subtitle B: Provisions Relating to Soft Money of Political Parties - Amends FECA to set forth soft money contribution and reporting provisions. Subtitle C: Soft Money of Persons Other Than Political Parties - Amends FECA to set forth reporting requirements for persons other than political parties (with exceptions for candidate's authorized committees or independent expenditures) who disburse more than $2000 for political activities. Subtitle D: Contributions - Amends FECA to set forth conditions under which contributions to a candidate made by a person through an intermediary or conduit shall be treated as having come from the person or from the intermediary. Subtitle E: Additional Prohibitions on Contributions - Requires candidates to raise at least 60 percent of their contributions from in-State individuals in order to be in FECA compliance. Subtitle F: Independent Expenditures - Amends FECA to redefine "independent expenditure." Includes within the definition of "contribution" certain expenditures containing express advocacy made by a candidate or candidate's representative. Title III: Miscellaneous Provisions - Amends FECA to prohibit the personal use of campaign funds. (Sec. 302) Sets forth political advertising provisions for print and broadcast or cablecast communications. (Sec. 303) Authorizes the Federal Election Commission to: (1) prescribe regulations for computer and facsimile reporting; and (2) conduct random post-election audits to ensure voluntary FECA compliance. (Sec. 305) Prohibits franked mass mailings by a Member in his or her election year (unless such Member will not be a candidate for any Federal office). (Sec. 306) Grants the Commission injunctive relief authority. (Sec. 308) Provides for direct appeal to the United States Supreme Court from any judicial ruling on the constitutionality of any provision of this Act. (Sec. 309) Revises certain political committee reporting requirements.
United States · United States Congress · 6 September 1995
Medical Volunteer Act - Requires that a health care professional who provides a health care service to a medically underserved person without receiving compensation be regarded, for purposes of any medical malpractice claim arising in connection with the service, as a Federal employee for purposes of the Federal tort claims provisions of Federal law relating to the judiciary and judicial procedure. Deems the professional to have provided the service without compensation only if, prior to furnishing the care, the professional: (1) agrees to furnish the service without charge to any person, including any insurance or program covering the recipient; and (2) provides the recipient with notice of the limited liability. Preempts inconsistent State laws, but not State laws providing greater incentives or protections to the professional.
United States · United States Congress · 11 August 1995
Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to allow, notwithstanding specified provisions of the Public Health Service Act (PHSA), dissemination to individuals and entities involved in health care (including practitioners, managed care organizations, insurers, and governmental agencies) written information (or an oral or written summary thereof) concerning: (1) a treatment use for an investigational new drug or an investigational biological product approved for that use; or (2) a use (whether or not the use is contained in the official labeling) of a new drug or a biological product for which a new drug application, an abbreviated new drug application, a certification of an antibiotic drug, or a product license issued under the PHSA has been approved. Sets forth restrictions and requirements. Allows, notwithstanding any other provision of law, dissemination to individuals and entities involved in health care (including practitioners, managed care organizations, insurers, and governmental agencies) written or oral information relating to a use (whether or not described in the official labeling) of a device registered under specified FDCA provisions. Sets forth restrictions and requirements. Declares that, notwithstanding any other provision of law, the dissemination shall not be construed as evidence of a new intended use or considered as labeling, adulteration, or misbranding of the device.
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.