United States · United States Congress · 17 May 1996
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to proscribe any fee assessment for certain customs services provided in connection with the arrival of any passenger on board a commercial vessel traveling only between ports within the customs territory of the United States. Provides that specified fee exemptions do not apply in the case of the arrival of any passenger on board a commercial vessel whose journey originates and terminates at the same place in the U.S. if there are no intervening stops. Mandates a one-time only assessment of certain customs fees for each passenger in the case of a commercial vessel making a single voyage involving two or more United States ports with respect to which the passengers would otherwise be charged a fee.
United States · United States Congress · 8 May 1996
United States Tourism Organization Act - Establishes: (1) the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. tourism; and (2) the United States Tourism Organization as a non-Federal nonprofit organization to implement the national travel and tourism strategy developed by the Board. Requires the Secretary of State to cooperate with the Organization and place a high priority on implementing its recommendations. Amends the Export Enhancement Act of 1988 to require the Federal trade promotion plan of the Trade Promotion Coordinating Committee (TPCC) to reflect Board recommendations. Makes the Chairman of the Organization a member of the TPCC. Terminates the Organization and the Board if a plan for the long-term financing of the Organization has not been implemented two years after its incorporation.
United States · United States Congress · 30 April 1996
Expresses the sense of the Senate that the Attorney General should seek, from the appropriate foreign government, the detention and extradition to the United States of Mohammed Abbas (also known as Abu Abbas) for the murder of Leon Klinghoffer in October 1985 during the hijacking of the vessel Achille Lauro.
United States · United States Congress · 29 April 1996
Gift of Life Congressional Medal Act of 1996 - Directs the Secretary of the Treasury to design and strike a bronze medal to commemorate organ donors and their families. Makes any organ donor, or donor's family, eligible for the medal. Requires the Secretary of Health and Human Services to direct the Organ Procurement and Transplantation Network (OPTN) to arrange for medal presentation to eligible individuals. Declares the medals to be national medals. Authorizes the Secretary of the Treasury to enter into agreements with the OPTN to collect funds to offset expenditures relating to medal issuance. Requires the Secretary of the Treasury to deposit all solicited donations into the Numismatic Public Enterprise Fund.
United States · United States Congress · 25 April 1996
Revises the purpose of the National Park Foundation to: (1) include developing and implementing means of securing funds from the private sector; and (2) exclude the acceptance and administering of private gifts on behalf of the National Park Service. Grants the Foundation exclusive authority to license or authorize persons to use any trademark, symbol, likeness, or slogan to represent that an individual, company, or particular good or service is an official sponsor or supporter of the National Park System (NPS), the Service, or any NPS unit. Subjects such license or authorization to the prior written approval of the Secretary of the Interior. Prohibits unauthorized persons from using, for commercial purposes, any trademark, symbol, slogan, or related artistic design of the Service. Authorizes the Foundation to license property. Prohibits the Foundation, except as provided in this Act, from: (1) engaging in any business for pecuniary profit or gain; (2) operating any commercial establishment or enterprise within NPS units; or (3) engaging in any lobbying activities concerning NPS management. Requires all of the Foundation's income, net of operating expenses, contributions to local government, and reserves determined necessary or appropriate by its Board to be provided for the Service's benefit. Subjects persons to a civil suit, remedies, and a penalty of $1,000 for each day they unlawfully use the Foundation's name, trademark, symbol, slogan, or any facsimile or simulation thereof for purposes of trade, to induce the sale of goods or services, or to promote commercial activities.
United States · United States Congress · 22 April 1996
Constitutional Amendment - Grants victims of violent crimes the following rights: (1) to be informed of, and present at, every proceeding in which the rights to liberty, justice, and due process are extended to the accused or convicted offender; (2) to be heard at any proceeding involving sentencing and to object to a previously negotiated plea or a release from custody; (3) to be informed of any release or escape; (4) to a speedy trial, a final conclusion free from unreasonable delay, full restitution from the convicted offender, reasonable measures of protection from violence or intimidation by the accused or convicted offender; and (5) to notice of such rights. Grants the several States and the Congress the power to implement further this amendment by appropriate legislation.
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
Congratulates Polish people around the world, including Americans of Polish descent, on the 205th anniversary of the adoption of the first Polish constitution on May 3, 1996.
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 · 27 March 1996
Amends the Federal Land Policy and Management Act of 1976 to provide that a forest management activity (timber sale or grazing) and land use plan under such Act or a land or resource management plan under the Forest and Rangeland Renewable Resources Planning Act of 1974 shall be subject to initial judicial review only in the U.S. district court for the district in which the affected land is located.
United States · United States Congress · 21 March 1996
Requires the Secretary of Defense (Secretary) and the Secretary of Health and Human Services (HHS Secretary) to enter into an agreement to carry out a demonstration project under which the HHS Secretary reimburses the Secretary on a capitated basis, from the Medicare Program under title XVIII of the Social Security Act, for certain health care services provided by the Secretary to Medicare-eligible military beneficiaries through the TRICARE Program (a managed health care program of the Department of Defense). Outlines project requirements. Requires annual joint reports from the Secretaries to the Congress on the demonstration project. Directs the Comptroller General, at the end of each year in which the project is carried out, to determine and submit to the Congress a report on the extent, if any, to which the costs of the Secretary under the TRICARE Program and the HHS Secretary under the Medicare Program have increased as a result of the project.
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 · 14 March 1996
Directs the Secretary of State and the Attorney General to jointly establish a visa waiver pilot program for Korean nationals traveling in tour groups to the United States. Specifies requirements for such waiver.
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 · 12 March 1996
Energy Policy and Conservation Act Amendment Act - Amends the Energy Policy and Conservation Act to: (1) restate its purpose so as to grant the President authority to fulfill Federal obligations under the international energy program (currently, standby authority, subject to congressional review, to impose rationing and implement energy conservation plans); (2) repeal the loan guarantee program for the development of underground coal mines; and (3) limit only to instances when the Secretary determines before any lease sale that such bidding would adversely affect competition or the receipt of fair market value the current prohibition on certain lease bidding with respect to Outer Continental Shelf lands by persons partly but significantly owned by more than one major oil company or affiliate. Repeals requirements for oil or gas production at the maximum efficient rate and temporary emergency production rate. (Sec. 3) Repeals the mandate for: (1) a Strategic Petroleum Reserve Plan; (2) an Early Storage Reserve; and (3) a Regional Petroleum Reserve. Revises the guidelines for the maintenance of the SPR. Authorizes the Secretary to use underutilized facilities to store petroleum product owned by a foreign government. Repeals guidelines for the use of interim storage facilities, and environmental considerations for existing facilities. Mandates submission of an expansion plan to the Congress when the Secretary determines that a 750 million barrel inventory can reasonably be expected in the Reserve within five years. Makes the Secretary of Energy's authority to acquire petroleum products for the SPR contingent on the availability of funds. Repeals guidelines governing storage, transport, or exchange of petroleum products with respect to: (1) prescriptions for fill operations by the President (minimum fill rates); (2) withdrawals from Naval Petroleum Reserve Numbered 1; (3) fill operations suspensions during emergencies; and (4) a test program of refined petroleum products storage. Instructs the Secretary to sell SPR petroleum at public sale to the highest qualified bidder without regard to Federal, State or local regulations. Makes SPR status reports annual instead of quarterly. Authorizes appropriations for the SPR. Extends the authorities relating to the SPR through FY 2001. (Sec. 4) Repeals general emergency authorities, including energy emergency preparedness authority. Revises guidelines governing: (1) international voluntary agreements affecting emergency responses (including the applicability of the Defense Production Act of 1950); and (2) antitrust defenses applicable to international voluntary agreements (only if the International Energy Agency's Emergency Sharing System has been activated). Extends the authorization of appropriations for interagency working groups to promote exports of renewable energy and energy efficiency products and services through FY 2001. Extends other emergency energy authorities through FY 2001. (Sec. 5) Extends authorizations of appropriations through FY 2001 for: (1) State energy conservation programs; (2) the energy conservation program for schools and hospitals; and (3) the alternative fuels truck commercial application program. (Sec. 6) Modifies the statutory mandate that the President collect certain petroleum product information.
United States · United States Congress · 7 March 1996
Ward Valley Land Transfer Act - Directs the Secretary of the Interior to convey to the California Department of Health Services specified lands in San Bernardino County, California, known as the Ward Valley Site, upon the tendering to: (1) the Secretary of the Treasury of $500,100 on behalf of California; and (2) the Chairman of the Nuclear Regulatory Commission of a written commitment by California to carry out environmental monitoring and protection measures, based on recommendations of the National Academy of Sciences, subject to Federal oversight by the Commission.
United States · United States Congress · 6 March 1996
Deplores the missile tests that the People's Republic of China (PRC) will conduct from March 8 through 15, 1996, as a threat to the peace, security, and stability of Taiwan and as not being in the spirit of the three U.S.-China Joint Communiques. Calls for the Government of the PRC to cease its bellicose actions directed at Taiwan and enter into meaningful dialogue with the Government of Taiwan at the highest levels with an eye toward decreasing tensions and resolving the issue of the future of Taiwan. Urges the President to consult with the Congress on an appropriate U.S. response to the tests and to reexamine the nature and quantity of defense articles and services that may be necessary to enable Taiwan to maintain a sufficient self-defense capability in light of the heightened threat.
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 · 30 January 1996
Commends the men and women who have served or are presently serving in the American Foreign Service and honors those who have given their lives in the line of duty. Designates the first Friday in May 1996 as American Foreign Service Day.
United States · United States Congress · 23 January 1996
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal.
United States · United States Congress · 13 December 1995
Fishing Industry Bargaining Act - Amends Federal law to authorize fishermen to collectively agree with fish processors on the price paid to the fishermen for aquatic products and the minimum price that fish processors will accept for the sale of processed aquatic products.
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 · 27 November 1995
Revised Statutes 2477 Rights-of-Way Settlement Act - Authorizes any State, political subdivision, or other holder of a right-of-way across public lands that was granted under section 2477 of the Revised Statutes (RS 2477) before October 31, 1976, or any person who uses or could use the right-of-way for passage across public lands, to file with the head of the agency or department managing such public lands (Secretary) a notice of the right-of-way. Requires such notice to: (1) be filed not later than five years after this Act's enactment; (2) identify the State and political subdivision through which the right-of-way passes; and (3) contain a map and a general description of the route, termini, and width of the right-of-way. Directs the Secretary: (1) within two years of the date on which notice is filed, to inform the person who filed the notice, the State, and the political subdivision through which the right-of-way passes of any objection to the right-of-way; and (2) to recognize any right-of-way that was accepted or established in accordance with State law or by an affirmative act of a State or political subdivision indicating acceptance of the grant of the right-of-way. Authorizes the Secretary, not later than two years after first notifying a holder or person who filed such a notice of any objection to a right-of-way, to bring an action based on the objection in the U.S. district court to challenge its validity. Directs the Secretary to record any valid right-of-way in the appropriate land records and on maps of the Secretary and to manage the land subject of the right-of-way in a manner that does not interfere with the use of the right-of-way. Prohibits the Secretary or any public land management official from promulgating any regulations relating to RS 2477 rights-of-way that are not essential to carry out the Act. Sets forth provisions regarding: (1) actions to quiet title; (2) the application of State law; and (3) applicability of the National Environmental Policy Act of 1969.
United States · United States Congress · 17 November 1995
International Dolphin Conservation Program Act - Amends the Marine Mammal Protection Act of 1972 to allow authorizations for the incidental taking of marine mammals during commercial yellowfin tuna fishing. Removes provisions requiring that, for purse seine yellowfin fishing, the goal of reducing incidental kill or serious injury to insignificant levels approaching zero be satisfied by the best safety techniques and equipment economically and technologically practicable. Modifies requirements regarding export by another nation to the United States of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific Ocean. Exempts a U.S. citizen from the Act in specified circumstances. Changes requirements regarding the issuance of general permits for the taking of marine mammals. Amends the Dolphin Protection Consumer Information Act regarding the circumstances in which tuna products may be labeled "Dolphin Safe," including allowing such labeling if (among other qualifying circumstances): (1) with regard to harvesting in the eastern tropical Pacific Ocean, the vessel's captain and a Program-approved observer state that no dolphins were killed during the sets in which that tuna was caught; and (2) with regard to harvesting outside the eastern tropical Pacific Ocean, the vessel's captain (or in certain circumstances the captain and an observer) state that no purse seine net was intentionally deployed on or to encircle dolphins during the voyage. Mandates implementing regulations, including regulations addressing the use of weight calculation and well location. (Sec. 5) Amends the Marine Mammal Protection Act of 1972 to declare that it is U.S. policy to support the International Dolphin Conservation Program and to ensure that the U.S. market does not act as an incentive to tuna harvesting that is not in compliance with the Program. Mandates regulations to authorize and govern the incidental taking of marine mammals in the eastern tropical Pacific Ocean, including any species designated as depleted under the Marine Mammal Protection Act of 1972 but not listed as endangered or threatened under the Endangered Species Act. Authorizes emergency regulations in certain circumstances. Requires undertaking or supporting scientific research to further the Program's goals. Repeals existing research program provisions. Repeals provisions relating to bans on imports from countries failing to implement a moratorium on purse seine harvesting of tuna. Replaces provisions concerning permits for taking dolphins with provisions mandating issuance of a permit to a U.S. vessel authorizing participation in the Program. Prohibits U.S. vessels from operating in the eastern tropical Pacific Ocean yellowfin tuna fishery without such a permit. Authorizes permit sanctions for violations of prohibited acts provisions of the Act. Modifies the list of prohibited acts. (Sec. 6) Amends the Tuna Conventions Act to modify the composition of the U.S. representation on the International Commission for the Scientific Investigation of Tuna and the Inter-American Tropical Tuna Commission. Modifies requirements regarding a related advisory committee.
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 · 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 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 · 23 October 1995
TABLE OF CONTENTS: Title I: Injurious Pricing and Countermeasures Title II: Other Provisions Shipbuilding Trade Agreement Act - Declares that the Congress approves the Agreement Respecting Normal Competitive Conditions in the Commercial Shipbuilding and Repair Industry (the Agreement) and the related understanding on Export Credits for Ships (collectively a reciprocal trade agreement resulting from negotiations under the auspices of the Organization for Economic Cooperation and Development, entered into on December 21, 1994). Title I: Injurious Pricing and Countermeasures - Amends the Tariff Act of 1930 to impose an injurious pricing charge upon the foreign producer of a vessel sold to U.S. buyers at less than fair value if the U.S. International Trade Commission determines that as a result of the sale an industry in the United States: (1) has been materially injured, or is threatened with material injury; or (2) the establishment of an industry in the United States is or has been materially retarded. (Sec. 101) Prescribes procedural guidelines for: (1) an injurious pricing investigation by an administering authority (Secretary of Commerce, or any other Federal officer to whom such responsibilities are transferred); (2) collection of such an injurious pricing charge; and (3) imposition of countermeasures. Prescribes guidelines for: (1) a comparison between export price and normal value in order to determine whether a subject vessel has been sold at less than fair value; (2) determinations on the basis of available facts; (3) conduct of investigations; and (4) injurious pricing petitions by third countries. Instructs the U.S. Trade Representative to consult with certain congressional committees if a dispute settlement panel finds that a Commission action is not in conformity with U.S. obligations under the Shipbuilding Agreement. (Sec. 102) Directs the Customs Service to deny any request for a permit to lade or unlade passengers, merchandise, or baggage from or onto vessels appearing on a countermeasures list pursuant to this Act. (Sec. 103) Provides for judicial review in injurious pricing and countermeasure proceedings. Title II: Other Provisions - Amends the Merchant Marine Act, 1936 to include a Shipbuilding Agreement vessel within its guidelines on construction-differential and operating-differential subsidies. Revises guidelines for: (1) Federal ship mortgage insurance; and (2) vessel equipment and repair. (Sec. 204) Precludes any private right of action under the Shipbuilding Agreement. (Sec. 206) Amends the Trade Act of 1979 to instruct the U.S. Trade Representative to monitor the compliance of each Shipbuilding Agreement Party with the Shipbuilding Agreement.
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 12 October 1995
TABLE OF CONTENTS: Title I: Repeal of the Public Utility Holding Company Act of 1935 Title II: Enactment of the Public Utility Holding Company Act of 1995 Title III: Conforming Changes to Other Statutes Public Utility Holding Company Act of 1995 - Title I: Repeal of the Public Utility Holding Company Act of 1935 - Repeals the Public Utility Holding Company Act of 1935 (PUHCA). Title II: Enactment of the Public Utility Holding Company Act of 1995 - Declares that this Act does not apply to persons previously exempted from regulations under the PUHCA. Authorizes the Federal Energy Regulatory Commission (FERC) to institute proceedings to terminate any such exemption if termination would be necessary for regulating the rates of a public utility company and for protecting consumers. Empowers FERC to exempt any person or transaction from this title if it finds that regulation of such person or transaction is irrelevant to the rates of a public utility company. Prescribes procedural guidelines for both FERC and State access to holding company records (including subsidiaries and affiliates). Retains the jurisdiction of FERC and State commissions to determine whether a public utility company may recover in rates any costs of affiliate transactions. Grants FERC certain Federal Power Act enforcement powers. Transfers from the Securities and Exchange Commission (SEC) to FERC all resources that relate primarily to the functions vested in FERC by this Act. Expresses the sense of the Congress that all personnel of the Office of Public Utility Regulation of the SEC should be transferred to FERC. Title III: Conforming Changes to Other Statutes - Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines.
United States · United States Congress · 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
Authorization for Implementation of the Agreed Framework Between the United States and North Korea Act - Sets forth requirements for U.S. implementation of the Agreed Framework Between the United States and North Korea. (Sec. 3) Prohibits the United States from exercising any action under the Agreed Framework that would require the obligation or expenditure of funds except to the extent and in the amounts provided in an Act authorizing appropriations and in an appropriations Act. Prohibits the availability of funds to carry out activities described in the Agreed Framework unless the President certifies to the Congress that North Korea is in full compliance with the terms of the Agreed Framework. (Sec. 4) Prohibits the availability of funds to carry out any Federal program, project, or activity to maintain relations with North Korea at the ambassadorial level unless North Korea has satisfied the International Atomic Energy Agency (IAEA) safeguards requirement, the nuclear proliferation requirement, and other additional requirements of this Act. (Sec. 5) Declares that the President shall not terminate the economic embargo of North Korea until it has satisfied all such requirements. (Sec. 6) States that if North Korea does not maintain the freeze of its graphite-moderated nuclear program, or if it diverts heavy oil for purposes not specified in the Agreed Framework, then: (1) no additional heavy oil may be exported to North Korea if such oil is subject to U.S. jurisdiction, or is exported by a person subject to U.S. jurisdiction; (2) the United States shall immediately cease any direct or indirect support for any exports of heavy oil to North Korea; and (3) the President shall oppose steps to export such oil to North Korea by all other countries in the Korean Peninsula Energy Development Organization. (Sec. 7) States that the IAEA safeguards requirement of this Act is satisfied when the President certifies to Congress North Korea's full compliance with its safeguards agreement with the IAEA, as determined by the IAEA after: (1) inspecting the two suspected nuclear waste sites at the Yongbyon nuclear complex; and (2) conducting any other necessary inspections in North Korea. (Sec. 8) Specifies additional requirements whose satisfaction must be certified by the President to the appropriate congressional committees, including: (1) progress in talks between North Korea and the Republic of Korea; (2) joint U.S. and North Korean establishment of a process for returning the remains of U.S. military personnel listed as missing in action (MIAs) during the Korean Conflict; (3) North Korea's no longer meeting criteria for inclusion on the Secretary of State's list of countries supporting international terrorism; (4) positive steps by North Korea to demonstrate a greater respect for internationally recognized human rights; and (5) North Korean agreement to control equipment and technology in accordance with the Missile Technology Control Regime. (Sec. 9) Specifies nuclear proliferation requirements whose satisfaction must be certified by the President to the appropriate congressional committees, including: (1) removal of all spent fuel from North Korean graphite-moderated nuclear reactors; (2) completion of all IAEA inspections necessary to account fully for the stocks of plutonium and other nuclear materials in North Korea, including inspections of suspected nuclear waste sites, before any nuclear components controlled by the Nuclear Supplier Group Guidelines are delivered for a light water reactor for North Korea; and (3) complete dismantlement of all graphite-moderated reactors in North Korea, including reprocessing facilities, in a manner effectively barring any reactivation. (Sec. 10) Declares that the United States shall suspend actions described in the Agreed Framework if North Korea reloads its existing five megawatt nuclear reactor or resumes construction of nuclear facilities other than those permitted to be built under the Agreed Framework. (Sec. 11) Provides for presidential waiver of such suspension or any of the requirements of this Act if it is vital to U.S. security interests to do so.
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 · 11 September 1995
Amends the Internal Revenue Code to treat certain expenses incurred by whaling captains while carrying out sanctioned activities for Native Alaskan subsistence whaling as a charitable contribution deduction.
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 · 11 August 1995
Davis-Bacon Act Reform Amendments of 1995 - Amends the Davis-Bacon Act (DBA) to provide for wage determinations based on the locality where the work is performed. (Sec. 2) Requires contractors and subcontractors covered by DBA to pay laborers and mechanics: (1) unconditionally; (2) at least weekly; and (3) without subsequent deduction or rebate. Applies DBA requirements to laborers and mechanics employed by the contractor or subcontractor to: (1) work directly upon the site of the work, including work at fabrication plants, batch plants, tool yards, or similar facilities not on the project site but dedicated exclusively, or nearly so, to project construction (except previously established facilities whose location and continuance in operation are determined wholly without regard to the contract work); or (2) transport materials, supplies, and equipment to or from the worksite. Increases the minimum threshold (currently $2,000) for DBA coverage of contracts for public buildings and works to: (1) $100,000 for new construction, complete rehabilitation, or reconstruction; and (2) $25,000 for repairs or alterations. Sets conditions for coverage of leased property. Provides for periodic adjustments of such thresholds. Prohibits splitting contracts. Sets forth wage requirements in cases of contract option provisions. Sets preemption conditions. Sets forth provisions relating to apprentices, trainees, and helpers. Sets forth requirements relating to wages. Revises DBA enforcement provisions, including: (1) administrative procedures, including the Secretary of Labor's authority with respect to payment of workers, debarment of contractors, and coordination of enforcement; (2) review procedures, including court review of coverage determinations; and (3) creation of an administrative petition procedure for workers for wages, benefits, and damages. (Sec. 3) Amends the Copeland Act to: (1) eliminate weekly payroll data submission for contracts of $100,000 or less; and (2) change such weekly requirement to a monthly one for contracts of more than $100,000, with provisions for waivers for contractors or subcontractors who have demonstrated compliance with DBA and other labor standards. Revises enforcement provisions to: (1) require contractors and subcontractors to maintain payroll and related records for three years after completion of contract work and make such records available upon request of the contracting officer or the Secretary; (2) grant the Secretary subpoena and debarment authority with respect to records; and (3) establish penalties for false records. (Sec. 4) Amends the Contract Work Hours and Safety Standards Act to provide that: (1) the Secretary, rather than the Comptroller General, shall initiate debarment action for violations; and (2) the General Services Administration (GSA) shall include the names of those debarred on a governmentwide list.
United States · United States Congress · 10 August 1995
TABLE OF CONTENTS: Title I: Concession Reform Title II: National Park Fees Title III: Ski Area Permits on National Forest System Lands Title IV: National Park System Reform Title V: Land Management Agency Housing Title VI: Disposition of Fees Title VII: National Park System Advisory Board National Park Service Enhancement Act - Title I: Concession Reform - Revises Federal law to require the Secretary of the Interior (Secretary) to take appropriate action to encourage and enable private persons, corporations, and other entities to provide and operate facilities and services deemed to be desirable for the accommodation of visitors in areas administered by the National Park Service (NPS). Requires (current law allows): (1) the Secretary to include in contracts for the providing of facilities and services such terms and conditions as are required to assure the concessioner of adequate protection against specified losses resulting from certain acts, policies, or decisions of the Secretary occurring after the contract has become effective; and (2) such terms and conditions to include an obligation of the United States to compensate the concessioner for loss of investment. Revises provisions regarding: (1) rates and charges (requires rates to the public to be set by the concessioner or commercial use contractor, subject to the Secretary's approval only where the Secretary determines that sufficient competition for such facilities and services does not exist within or in close proximity to the relevant park); (2) the method of determining franchise fees (requires such fees to be fixed at the time of commencement of the contract as stated in the selected proposal, requires the Secretary to determine the suggested minimum franchise fee in any prospectus in a manner that will provide the concessioner or commercial use contractor with a reasonable opportunity to realize a profit, and permits the Secretary to reduce franchise fees under a contract if such reduction is equitable under the circumstances); and (3) new or additional services (authorizes the Secretary to grant extensions, renewals, or new contracts to any present concessioners for operations substantially similar to those authorized by their current contracts or permits). Repeals provisions regarding existing renewal preferences, subject to specified limitations. Revises provisions regarding protection of the concessioner's possessory interest to provide that just compensation shall be an amount equal to the sound value of such structure, fixture, or improvement at the time of taking by the United States or expiration of the contract. Requires the concessioner, no less than 12 months before the expiration of any contract which recognizes a possessory interest, if the amount of compensation was not previously agreed between the Secretary and the concessioner, to submit to the Secretary an independent appraisal of the sound value of the structures, fixtures, or improvements in which the concessioner has an investment interest, subject to specified requirements. Sets forth provisions regarding procedures if the Secretary disagrees with the appraisal submitted. Sets forth provisions regarding the competitive selection process, contracts, and performance evaluation. (Sec. 103) Directs the Secretary and the Secretary of Agriculture (Secretaries) to adopt procedures consistent with those established by this title for the NPS for issuing contracts and non-recurring commercial-nonrecreational use permits for substantially similar services and activities taking place on Federal lands managed by the U.S. Forest Service, the Bureau of Land Management, and the Fish and Wildlife Service. Title II: National Park Fees - Revises provisions of the Land and Water Conservation Fund Act of 1965 to increase the fee for: (1) the Golden Eagle Passport (the annual admission permit for designated units of the National Park System (System) or National Conservation Areas and other specified areas) to $50; (2) annual admission into a specific designated unit of the System, or into several specific units located in a particular geographic area, to $25; and a (3) a single-visit permit at any designated area to not more than $6 per person. Makes receipts from non-Federal Golden Eagle Passport sales available for specified resource protection, rehabilitation, and conservation projects. Specifies that a lifetime admission permit for a U.S. citizen or person domiciled in the United States who is age 62 or older (Golden Age Passport) shall entitle the permittee (currently, the permittee and specified individuals accompanying him) to free admission into any area designated. Prohibits fees of any kind from being collected from persons who have a right of access for hunting or fishing privileges under a specific provision of a law or treaty or who are engaged in the conduct of official Federal, State, or local government business. Directs the Secretaries to establish procedures providing for the issuance of a lifetime admission permit to specified individuals who are permanently disabled. Limits the number of accompanying individuals, notwithstanding the method of travel. Directs the Secretary to: (1) submit to specified congressional committees a report on the admission fees proposed to be charged at specific units of the National Park System; and (2) identify areas where such fees are authorized but not collected and the reasons why such fees are not collected. Allows: (1) a charge for the use of a campground not having a majority of specified features and personal collection of the fee by an employee or agent of the Federal agency operating the facility; and (2) any National Park permit (currently, Golden Age Passport) holder to utilize special recreation facilities at a rate of 50 percent of the established use fee. Requires fees to be comparable to those charged by other public and private entities. Permits persons violating National Park rules or regulations to be fined any amount as provided by law. Revises provisions regarding: (1) the time of reimbursement; (2) charges for transportation provided by the System; and (3) commercial tour use fees. Directs the Secretary to establish reasonable fees for nonrecurring commercial or nonrecreational uses of System units that require special arrangements, including permits, which at a minimum will cover all costs of providing necessary services associated with such use, with exceptions. Permits receipts equal to the cost of providing the necessary services associated with use of an area within the System for activities which further NPS goals to be retained at the park unit in which the use takes place and to remain available to cover such costs. (Sec. 202) Authorizes the Secretary to negotiate and enter into challenge cost-share agreements with any State or local government, public or private agency, corporation, individual, or other entity for the purpose of sharing costs or services in carrying out any authorized functions and responsibilities of the Secretary with respect to any System unit, affiliated area, or designated National Scenic or Historic Trail. (Sec. 203) Redefines or defines: (1) "park system resource" to mean any living or non-living resource that is located within the boundaries of a System unit, except for resources owned by a non-Federal entity; and (2) "marine or aquatic park system resource" to mean any living or non-living resource that is located within or is a living part of a marine or aquatic regimen within such boundaries, except for such resources. Makes any instrumentality that destroys, causes the loss of, or injures any marine or aquatic park (currently, park) system resource liable in rem to the United States for response costs and resulting damages to the same extent as a person is liable for such destruction, loss, or injury. Title III: Ski Area Permits on National Forest System Lands - Amends the National Forest Ski Area Permit Act of 1986 to require that the fee for all ski area permits on National Forest System lands be calculated, charged, and paid according to a specified formula in order to: (1) return fair market value to the United States and provide ski area permittees and the United States with a simplified, consistent, predictable, and equitable permit fee; (2) simplify administrative, bookkeeping, and other requirements currently imposed on the Secretary of Agriculture and ski area permittees on national forest lands; and (3) save costs associated with the calculation of ski area permit fees. Sets forth provisions regarding: (1) minimum rental fees; (2) time for payment; (3) exclusion of revenue obtained outside of national forest lands; (4) transitional ski area permit fees; and (5) withdrawal of ski areas from operation of mining laws. Directs the Secretary of Agriculture to conduct a study of ski areas on National Forest System lands to: (1) determine the feasibility and suitability of selling all or a portion of such lands to the current permittees or other interested parties; and (2) identify any continuing need for Federal retention of such lands, cost savings and revenues to the Federal Government which might accrue as a result of such sales as well as other benefits which might result from the disposal of such lands, and criteria which should be used in considering the sale of such assets. Title IV: National Park System Reform - Requires the Secretary to prepare and transmit to specified congressional committees a National Park System Plan to guide the direction of the System into the next century. (Sec. 402) Revises Federal provisions regarding the administration, findings, and purpose of the System. Directs the Secretary: (1) at the beginning of each calendar year, to submit to specified congressional committees a list of areas recommended for study for potential inclusion in the System; (2) to consider those areas that have the greatest potential to meet the established criteria of national significance, suitability, and feasibility, giving special consideration to themes, sites, and resources not already adequately represented in the System as identified in the Plan; and (3) to complete the study for each area for potential inclusion into the System within three complete fiscal years following the date of enactment of specific legislation providing for the study of such area. Directs the Secretary, in conducting the study, to consider: (1) whether the area possesses nationally significant natural or cultural resources or outstanding recreational opportunities, represents one of the most important examples of a particular resource type in the country, and is a suitable and feasible addition to the System; and (2) any additional fiscal and personnel costs if the area were added to the System. Requires the Secretary to submit to specified congressional committees with the annual budget submission at the beginning of each calendar year, in numerical order of priority for addition to the System considering factors such as threats to resource values and cost escalation, a list of areas previously studied which contain primarily cultural or historical resources and a list of areas which contain primarily natural resources. Title V: Land Management Agency Housing - Authorizes the Secretaries, in order to promote recruitment and retention of qualified personnel necessary for the effective management of public lands, to: (1) make employee housing available, subject to specified limitations, on or off public lands; and (2) rent or lease such housing to employees of the respective Department at a reasonable value. Specifies that: (1) housing made available to employees on public lands shall be limited to those areas designated for administrative use; and (2) no private lands outside of the boundaries of federally administered areas may be acquired for the purposes of this title except with the owner's consent. Authorizes the Secretaries to enter into: (1) agreements with public and private entities to provide housing on or off public lands; and (2) cooperative agreements or joint ventures with local governmental and private entities, either on or off public lands, to provide utility and other infrastructure facilities in support of employee housing facilities. (Sec. 503) Directs the Secretaries to conduct a survey of the availability of quarters at field units under each Secretary's jurisdiction at least every five years. Authorizes the Secretaries, if such survey indicates that Government-owned or suitable privately-owned quarters are not available for the personnel assigned to a specific duty station, to provide suitable quarters in accordance with this title. (Sec. 504) Authorizes secondary quarters to be made available to employees, either on or off public lands, if either Secretary determines that such quarters for employees who are permanently duty stationed at remote locations and are regularly required to relocate for temporary periods are necessary for the effective administration of an area under the jurisdiction of the respective agency. Requires that rental rates for such secondary facilities be established so that the aggregate rental rate paid by an employee for both primary and secondary quarters as a percentage of the employee's annual gross income shall not exceed the Census Bureau American Housing Survey median monthly housing cost for renters, inclusive of utilities as a percentage of current income, whether paid as part of rent or paid directly to a third party. (Sec. 505) Directs the Secretaries to: (1) survey all existing Government-owned employee housing facilities under their jurisdictions to assess its physical condition and its suitability for the effective prosecution of the agency mission; (2) develop an agency-wide priority listing, by structure, identifying those units in greatest need of repair, rehabilitation, replacement, or initial construction; and (3) transmit the survey and priority listing study to specified congressional committees. Requires expenditure of any funds appropriated for construction, repair, or rehabilitation to follow, in sequential order, the priority listing. Allows funding available from other sources for employee housing repair to be distributed as determined by the Secretaries. (Sec. 506) Authorizes appropriations. Title VI: Disposition of Fees - Establishes in the Treasury a Park Improvement Fund. (Sec. 602) Requires that, beginning in FY 1996, 50 percent of all revenues received by the Government in excess of the amount that would have been received in 1995 without enactment of this Act from franchise fees, admission, special recreation, commercial tour use, and commercial-nonrecreational use fees (such fees) be covered into the Fund, with exceptions. (Sec. 603) Provides that: (1) receipts in the Fund from the previous fiscal year shall be available to the Secretary without further appropriation; (2) each fiscal year, beginning in 1997, 75 percent of the total receipts deposited in the Fund for the previous fiscal year from each unit of the System collecting such fees shall be available for expenditure only by that unit; and (3) the remaining receipts in the Fund may be allocated among such units, including those not collecting such fees, as determined by the Secretary. Directs that expenditures from the Fund be used solely for infrastructure and operational needs by System units. Requires the Secretary, by January of each year, to provide to specified congressional committees a list of proposed expenditures from the Fund for each unit for that fiscal year and a report detailing expenditures, by unit, for the previous fiscal year. Title VII: National Park System Advisory Board - Revises provisions regarding the establishment of a National Park System Advisory Board to advise the Secretary on all matters pertaining to the System. Specifies that the Board, appointed by the Secretary for a term not to exceed four years, shall be comprised of no more than nine persons from among U.S. citizens having a demonstrated commitment to the System. Requires Board members to be selected to represent various geographic regions and to ensure that the Board contains expertise in natural or cultural resource management, recreation use management, financial management, business management, and land use planning. Sets forth provisions regarding vacancies, procedures, reimbursement for travel and per diem, limits on compensation, and powers of the Board (including the authority to establish task forces). (Sec. 702) Directs the Board to: (1) conduct a review of each System unit, except for those designated as national parks, to determine whether there are management alternatives that would result in equal or better levels of resource protection, interpretation, and visitor access, use, and enjoyment; (2) review the organic legislation and history of the NPS and its units and develop criteria to guide the Congress and the Secretary in the addition of new units to the System; (3) conduct an analysis and evaluation of the current conditions and future needs of each System unit for adequate visitor service programs; (4) periodically monitor the performance evaluation process as conducted annually by the Secretary for concessioners and commercial use contractors for effectiveness and objectivity; and (5) report thereon to the Secretary and specified congressional committees. (Sec. 703) Authorizes appropriations.
United States · United States Congress · 10 August 1995
Common Sense Amendments for All Endangered Species Act - Amends the Endangered Species Act of 1973 with respect to: (1) wildlife management effects evaluation; (2) fish and wildlife conservation and management projects; (3) sport hunting; (4) foreign laws and fair notice; and (5) subspecies and population criteria, and discretionary adjudicative procedure and peer review. Directs the Secretary of the Interior to conduct a specified funding augmentation study.
United States · United States Congress · 9 August 1995
Medicare Consumer Protection Act of 1995 - Revises title XVIII (Medicare) of the Social Security Act to modify the prohibition against selling or issuing a health insurance policy to an individual entitled to benefits under part A or enrolled under part B with the knowledge that such policy duplicates health benefits to which the individual is otherwise entitled under such title or title XIX (Medicaid). Exempts Medicare supplemental policies from such prohibition. Requires the duplication to be substantial before the prohibition applies. Makes such prohibition inapplicable to: (1) a health insurance policy providing for benefits payable to or on behalf of an individual without regard to other health benefit coverage of such individual; or (2) a health insurance policy, or a rider to an insurance contract which is not a health insurance policy, providing benefits only for long-term, nursing home, home health, or community-based care, or any combination thereof, that prevents duplication by coordinating against or excluding items and services available or paid for under medicare, and such coordination or exclusion is disclosed in the policy's outline of coverage. Modifies the prohibition against selling or issuing a Medicare supplemental policy to an individual entitled to benefits with the knowledge that such policy duplicates health benefits to which the individual is entitled under another Medicare supplemental policy. Declares that a seller (who is not the issuer) of such a policy shall not be considered to have violated this prohibition if the policy is sold in compliance with specified requirements and the statement indicates on its face that the sale will not duplicate health benefits to which the individual is otherwise entitled under another Medicare supplemental policy. Repeals: (1) the exemption from such prohibition of certain group policies or plans sold or issued to employees or former employees or members or former members of labor organizations; and (2) specified disclosure requirements with respect to duplication of benefits. Sets forth provisions regarding: (1) limitations on legal actions including causes of action that arose before specified dates; and (2) exclusivity of remedies available with respect to this Act's non-duplication requirements.
United States · United States Congress · 3 August 1995
TABLE OF CONTENTS: Title I: Block Grants for Temporary Assistance for Needy Families Title II: Supplemental Security Income Subtitle A: Eligibility Restrictions Subtitle B: Benefits for Disabled Children Subtitle C: Studies Regarding Supplemental Security Income Program Subtitle D: National Commission on the Future of Disability Subtitle E: State Supplementation Programs Title III: Food Stamp Reform Subtitle A: Food Stamp Reform Subtitle B: Anti-Fraud and Trafficking Title IV: Child Nutrition Programs Subtitle A: Reimbursement Rates Subtitle B: Grant Programs Subtitle C: Other Amendments Subtitle D: Reauthorization Title V: Noncitizens Title VI: Child Care Title VII: Workforce Development and Workforce Preparation Activities Subtitle A: General Provisions Subtitle B: Statewide Workforce Development Systems Subtitle C: Job Corps and Other Workforce Preparation Activities for At-Risk Youth Subtitle D: Transition Provisions Subtitle E: National Activities Subtitle F: Repeals of Employment and Training and Vocational and Adult Education Programs Title VIII: Workforce Development-Related Activities Subtitle A: Amendments to the Rehabilitation Act of 1973 Subtitle B: Amendments to Immigration and Nationality Act Title IX: Child Support Subtitle A: Eligibility for Services; Distribution of Payments Subtitle B: Locate and Case Tracking Subtitle C: Streamlining and Uniformity of Procedures Subtitle D: Paternity Establishment Subtitle E: Program Administration and Funding Subtitle F: Establishment and Modification of Support Orders Subtitle G: Enforcement of Support Orders Subtitle H: Medical Support Subtitle I: Enhancing Responsibility and Opportunity for Nonresidential Parents Subtitle J: Effect of Enactment Title X: Reform of Public Housing Work Opportunity Act of 1995 - Title I: Block Grants For Temporary Assistance For Needy Families - Replaces the current Aid to Families with Dependent Children (AFDC) and Job Opportunities and Basic Skills Training (JOBS) programs under parts A and F of title IV of the Social Security Act (SSA) with a program of block grants to the States for temporary assistance for needy families with minor children (TEA program). Gives such program the stated purpose of increasing State flexibility in operating a program with mandatory work and education requirements (as well as certain penalties against adult family members on TEA assistance who refuse to work) as well as adult- supervised living arrangements for unmarried teenage parents designe: o: (1) provide certain time-limited assistance to needy families with minor children that enter into a personal responsibility contract with the State, with certain exceptions involving minor children and hardship situations; (2) provide job preparation and opportunities for such families, including opportunities to participate in State-approved job placement agency services; and (3) prevent and reduce the incidence of out-of-wedlock pregnancies. Denies TEA assistance for fugitive felons and probation and parole violators. (Sec. 101) Expresses the sense of the Congress that: (1) each State operating a TEA program is encouraged to assign the highest priority to requiring adults in two-parent families and adults in single-parent families that include older preschool or school-age children to be engaged in work activities; and (2) prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock births are very important Government interests and the policy contained in the provisions of this title is intended to address the crisis. Establishes in the Treasury a revolving Federal Loan Fund for State Welfare Programs for loans to any loan-eligible State for conducting welfare anti-fraud and other specified activities. Outlines program audit and data collection and reporting as well as certain study requirements. Authorizes the Secretary of Health and Human Services (HHS) to conduct research, evaluations, and national studies with regard to programs funded under this title. Directs the Bureau of the Census to expand the Survey of Income and Program Participation as necessary to obtain such information as will enable interested persons to evaluate the impact of the changes made by this title on a random national sample of recipients of assistance under State programs funded under this title and other appropriate low-income families. Addresses the treatment of existing State AFDC waivers in effect or approved by the Secretary as of October 1, 1995. Provides for the treatment of Indian tribes with regard to grant amounts and other specified program matters affecting Indians. Makes the Assistant Secretary for Family Support within HHS the official responsible for administering SSA title IV part A and D (Child Support and Establishment of Paternity) programs. (Sec. 102) Allows States to contract with charitable, religious, and private organizations to provide services and administer programs established or modified by this Act. (Sec. 103) Prohibits financial assistance provided under such programs from being expended for any sectarian purpose or activity, including sectarian worship or instruction. (Sec. 104) Provides for continued application of current AFDC standards under the Medicaid program under SSA title XIX. (Sec. 105) Specifies reductions in HHS personnel the Secretary must make with regard to positions relating to an activity previously authorized under the former AFDC and JOBS programs. (Sec. 107) Makes conforming amendments to the Food Stamp Act of 1977 and related provisions of other specified Federal laws. Authorizes appropriations. Title II: Supplemental Security Income - Subtitle A: Eligibility Restrictions - Amends SSA title XVI (Supplemental Security Income) (SSI) to: (1) deny SSI by reason of disability to drug addicts and alcoholics; (2) revise representative payee requirements; (3) provide for limited eligibility of certain noncitizens for SSI benefits; (4) deny SSI benefits for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States; (5) deny SSI benefits for fugitive felons and probation and parole violators; and (6) provide for exchange of SSI information with law enforcement agencies. Subtitle B: Benefits for Disabled Children - Revises the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying the medical criteria for evaluation of mental and emotional disorders, and discontinuing the use of individualized functional assessments for children. Requires the Commissioner of Social Security to redetermine the eligibility of any individual under age 18 who is receiving SSI benefits based on a disability as of the date of the enactment of this Act and whose eligibility for such benefits may terminate by reason of the above amendments. (Sec. 212) Provides that not less frequently than once every three years the Commissioner shall review the continued SSI eligibility of each individual who has not attained 18 years of age and is eligible for such benefits by reason of an impairment (or combination of impairments) which may improve (or, which is unlikely to improve, at the option of the Commissioner). Requires a parent or guardian of a recipient whose case is so reviewed to present, at the time of review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition which was the basis for providing benefits under the SSI program. Provides that if an individual is eligible for SSI benefits by reason of disability for the month preceding the month in which the individual attains age 18, the Commissioner shall redetermine such eligibility: (1) during the one year period beginning on the individual's 18th birthday; and (2) by applying the criteria used in determining the initial eligibility for applicants who have attained age 18. Outlines specific requirements governing: (1) continuing disability reviews for low birth weight babies; and (2) benefit payments through representative payees to eligible individuals and their spouses. Subtitle C: Studies Regarding Supplemental Security Income Program - Requires the Commissioner of Social Security to report annually to the President and the Congress regarding the SSI program. (Sec. 222) Requires the Commissioner to issue a request for comments in the Federal Register regarding improvements to the disability evaluation and determination procedures for individuals under age 18 to ensure the comprehensive assessment of such individuals. Directs the Commissioner to review such comments and issue any regulations implementing any necessary changes not later than 18 months after this Act is enacted. (Sec. 223) Requires the Commissioner to make arrangements with the National Academy of Sciences, or other independent entity, to study the disability determination process under SSA titles II and XVI for reports to the President and the Congress. (Sec. 224) Directs the Comptroller General to study and report on the impact of the amendments made by, and the provisions of, this title on the SSI program. Subtitle D: National Commission on the Future of Disability - Establishes the National Commission on the Future of Disability to develop and carry out a comprehensive study of all matters related to the nature, purpose, and adequacy of all Federal programs serving individuals with disabilities, including the programs under SSA titles II and XVI, with resulting recommendations for appropriate action submitted to the President and the Congress. Subtitle E: State Supplementation Programs - Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits. Title III: Food Stamp Program - Subtitle A: Food Stamp Reform - Amends the Food Stamp Act of 1977 (Act) to establish a maximum 24-month food stamp program (program) authorization period for certain households. (Sec. 303) Authorizes States to establish additional criteria for separate household determinations. (Sec. 304) Revises thrifty food plan adjustment requirements. (Sec. 305) Revises the definition of "homeless individual" to limit the length of time a person may temporarily live in another person's residence. (Sec. 307) Revises household income exclusion provisions regarding: (1) students; and (2) Federal energy assistance. (Sec. 309) Revises household income deduction provisions regard: : (1) standard deductions; (2) earned income; (3) dependent care; (4) child support payments; (5) homeless shelter assistance; (6) excess medical expenses; and (7) excess shelter expenses. (Sec. 310) Eliminates specified excludable auto value increases. (Sec. 311) Revises the scope of sponsor-attributed income and resources regarding alien program eligibility. (Sec. 312) Revises work requirement and employment and training provisions. Extends employment and training funding authorizations. (Sec. 315) Authorizes comparable program disqualification based upon welfare or public assistance disqualification. (Sec. 316) Requires at State option: (1) cooperation with child support agencies in order to maintain program eligibility; and (2) program disqualification for child support arrears. (Sec. 318) Disqualifies permanently an individual who participates in the program in two or more States. (Sec. 319) Defines "work program." (Sec. 320) Exempts electronic transfers of program benefits from specified disclosure, protection, and remedy provisions. (Sec. 321) Eliminates annual minimum allotment adjustments. (Sec. 323) Authorizes a combined allotment for expedited households. (Sec. 324) Authorizes program reductions for failure to comply with a public assistance reduction requirement. (Sec. 325) Authorizes program assistance for households residing in a homeless shelter or drug or alcohol treatment center. (Sec. 327) Eliminates certain certification personnel training requirements. (Sec. 328) Provides for the exchange of information with Federal, State, or local law enforcement authorities, including the Immigration and Naturalization Service, under specified circumstances. (Sec. 329) Revises expedited coupon service requirements. (Sec. 330) Authorizes a family to withdraw a fair hearing request. (Sc. 331) Permits States to use income and eligibility verification systems other than the system used in part A (General Provisions) of title XI (General Provisions and Peer Review) of the Social Security Act. (Sec. 130) Directs program overissuances to be collected by: (1) allotment reduction; (2) unemployment compensation withholding; or (3) Federal pay or Federal income tax refund recovery. (Sec. 333) Terminates Federal matching requirements for program informational activities. (Sec. 335) Authorizes States to use funds otherwise available to a participating household for a work supplementation or support program. Sets forth program provisions. (Sec. 336) Authorizes waiver of program requirements as necessary to conduct related pilot projects. Authorizes appropriations. (Sec. 339) Authorizes States to carry out private sector employment initiatives. Sets forth program provisions. (Sec. 340) Authorizes appropriations for: (1) program operations; and (2) Puerto Rico block grants. (Sec. 342) Authorizes States to carry out a Simplified Food Program in lieu of existing program requirements. Sets forth Program provisions. (Sec. 343) Establishes an optional State food assistance block grant program. Sets forth program provisions. Subtitle B: Anti-Fraud and Trafficking - Amends the Act to expand the definition of "coupon." (Sec. 352) Increases penalties for specified food stamp program (program) violations. (Sec. 353) Authorizes the Secretary of Agriculture to establish specific time periods for: (1) retain food stores and wholesale food concerns (stores) to apply for program participation; and (2) prohibition of program participation based on lack of business integrity. (Sec 355) Includes income and sales tax information among the types of eligibility verification information which may be requested. (Sec. 356) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. (Sec. 358) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.) (Sec. 359) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). (Sec. 360) Provides for permanent disqualification of a store that knowingly submits a falsified application. (Sec. 361) Establishes criminal forfeiture penalties for specified program violations. Title IV: Child Nutrition Programs - Subtitle A: Reimbursement Rates - Amends the National School Lunch Act (NSLA) to terminate the additional lunch payment for schools with high percentages of free or reduced price lunches. (Sec. 402) Revises NSLA annual adjustment provisions for: (1) value of food assistance; and (2) lunches, breakfasts, and supplements. (Sec. 404) Revises NSLA service institution payment provisions for the summer food service program for children. (Sec. 405) Amends the Child Nutrition Act of 1966 (CNA) to revise annual adjustment provisions for: (1) the special milk program; and (2) the school breakfast program. (Sec. 407) Conforms reimbursement for CNA school breakfasts with that for NSLA school lunches. Subtitle B: Grant Programs - Amends CNA to: (1) terminate school breakfast startup grants; and (2) reduce annual authorization of appropriations for nutrition education and training programs. Subtitle C: Other Amendments - Amends NSLA and CNA to set forth free and reduced price policy statements for the school lunch program and the school breakfast program. (Sec. 422) Revises NSLA provisions for the summer food service program for children. Allows participating school food authorities to permit a child to refuse not more than one item of a meal that the child does not intend to consume. Provides that a refusal of an offered food shall not affect the amount of payments to a school for the meal. Removes a requirement that States submit a plan or schedule as part of notice to institutions. (Sec. 423) Revises NSLA provisions for the child and adult care food program with respect to payments to certain sponsor employees. Revises provisions regarding day care home reimbursements. Requires reservation of certain funds for grants to States for assistance for family or group day care homes. Requires Federal and State provision of certain data to family or group day care home sponsoring organizations. Disallows certain meal claims. Eliminates certain requirements involving State paperwork and outreach. Requires States to provide training, technical assistance, and monitoring. (Sec. 424) Requires a review of all NSLA and CNA reporting requirements and a report recommending elimination of any that impose a paperwork burden on agencies and schools which cannot be justified by their contribution to program effectiveness. Subtitle D: Reauthorization - Amends the Agriculture and Consumer Protection Act of 1973 to reauthorize appropriations for the commodity distribution program. (Sec. 432) Amends the Emergency Food Assistance Act of 1983 and the Omnibus Budget Reconciliation Act of 1993 to extend authority and reauthorize appropriations for the emergency food assistance program. (Sec. 433) Amends the Hunger Prevention Act of 1988 to reauthorize appropriations for the soup kitchens program. (Sec. 434) Amends the Agriculture and Food Act of 1981 to extend authority for processing of agricultural commodities into food products. (Sec. 435) Amends the Agriculture and Consumer Protection Act of 1973 to extend authority for the commodity supplemental food program. Title V: Noncitizens - Gives States the option of prohibiting the use of any grant funds received under SSA title IV part A, or the new optional State food assistance block grant program established under title III of this Act, for the provision of assistance under the related State programs for an individual who is not a citizen or national of the United States. (Sec. 502) Provides that, for purposes of determining the eligibility of an individual (whether a citizen or national of the United States or an alien) for assistance, and the amount of assistance, under any Federal program of assistance provided or funded, in whole or in part, by the Federal Government for which eligibility for benefits is based on need, certain described income and resources pertaining to the individual's sponsor shall, in spite of any other provision of law, be deemed to be the income and resources of such individual. Applies such requirement for the period for which the sponsor has agreed, in an affidavit or agreement, to provide support for such individual, or for a period of five years beginning on the date such individual was first lawfully in the United States after the execution of such affidavit or agreement, whichever period is longer. Outlines similar deemed income authority for State and local programs of assistance authorized under Federal law for which eligibility is based on need. Exempts from such restrictions eligibility for emergency medical services under Medicaid, short-term emergency disaster relief, assistance or benefits under the National School Lunch Act, assistance or benefits under the Child Nutrition Act of 1966, and public health assistance for immunizations with respect to immunizable diseases and for testing and treatment for communicable diseases under certain conditions. (Sec. 503) Details the limited eligibility of noncitizens for SSI benefits. Title VI: Child Care - Child Care and Development Block Grant Amendments Act of 1995 - Amends the Child Care and Development Block Grant Act of 1990 to consolidate Federal child care programs. (Sec. 602) Extends the authorization of appropriations under the Act. Revises provisions for the lead agency to allow such agency to administer the financial assistance received by the State under the act either directly or through other governmental or nongovernmental agencies. Requires sufficient time and statewide distribution for the notice of the public hearing on child care services provision under the State plan. Revises provisions for the State application and plan. Eliminates a requirement that providers that are not required to be licensed or regulated under State or local law be required to register with the State before payment is made under the Act. Requires the State to implement mechanisms to ensure that appropriate payment mechanisms exist so that proper payments under this subchapter will be made to providers. Directs the Secretary of Health and Human Services to develop minimum child care standards, appropriately reflective of tribal needs and available resources, applicable to Indian tribes and tribal organization receiving assistance under the Act. Reduces from 25 to 15 percent of annual assistance to a State the set-aside for quality of child care and before- and after-school and early childhood development services. Applies such set-aside, however, only to child care quality improvement activities and no longer to early childhood development and before- and after-school care services. Adds a limitation on administrative costs. Requires the sliding fee scale to ensure a representative distribution of funding among the working poor and recipients of Federal welfare assistance. Expands eligibility criteria to include families earning up to 100 percent (currently 75 percent) of the State median family income. Revises requirements relating to quality improvement activities to include: (1) under resource and referral programs, consumer education, referrals honoring parental choice, and activities to improve quality and availability of child care; and (2) under other activities, increasing availability of care before- and after-school, for infants, and during nontraditional work hours. Repeals a requirement that States expend a specified minimum amount of reserved funds for early childhood development and before- and after-school services. Revises requirements for enforcement and for reports. Authorizes the Secretary to permit an Indian tribe or organization to use certain assistance to construct or renovate facilities that will be used to carry out child care programs. Provides for reallocation of assistance to other Indian tribes or organizations under certain conditions. Allows use of child care certificates as deposits. Includes among eligible child care providers those who care for an eligible great grandchild or sibling (if in the latter case the provider lives in a separate residence). Eliminates certain registration requirements for providers who are relatives. (Sec. 603) Repeals: (1) the State Dependent Care Development Grants Act; and (2) the Child Development Associate Scholarship Assistance Act of 1985. Title VII: Workforce Development and Workforce Preparation Activities - Subtitle A: General Provisions - Workforce Development Act of 1995 - Sets forth congressional findings, purposes of this title, and the definitions of terms used in this title and title VIII. Subtitle B: Statewide Workforce Development Systems - Establishes a program of assistance for Statewide workforce development systems. (Sec. 711) Directs the Governing Board of the Workforce Development Partnership (Federal Partnership, established under this Act) (Governing Board) to make allotments, for program years 1998 and subsequent, to States to help pay costs of establishing and carrying out activities through statewide workforce development systems. (Sec. 712) Sets forth formulae for such State allotments. (Sec. 713) Requires States to apportion such allotment funds by specified percentages among workforce employment activities, workforce education activities, and flexible workforce activities. (Sec. 714) Sets forth requirements relating to State plans describing: (1) the strategic plan for the statewide system, including flexible workforce activities, and, if appropriate, economic development activities; (2) workforce employment activities; and (3) workforce education activities. (Sec. 715) Authorizes Governors of States receiving such allotments to establish State workforce development boards with certain membership requirements and functions. (Sec. 716) Sets forth required and authorized uses of funds under this title. Requires funds for workforce employment activities to be used for: (1) one-stop delivery of specified core services; (2) a statewide comprehensive labor market information system; and (3) a job placement accountability system. Allows such funds to also be used for: (1) specified permissible one-stop delivery activities; (2) other specified permissible activities which may be provided through vouchers, including certain forms of training, supportive, and followup services; (3) staff development and training; and (4) incentive grant awards to substate areas that reach or exceed State benchmarks. Requires State educational agencies to use funds for workforce education activities to carry out, through the statewide system, activities that include: (1) integrating academic and vocational education; (2) linking secondary and postsecondary education (including implementing tech-prep programs); (3) career guidance and counseling at the earliest possible age; (4) literacy and basic education for adults and out-of-school youth, including those in correctional institutions; (5) secondary education completion programs for adults and out-of-school youth; (6) improving vocational education programs; and (7) improving access to quality vocational education programs for at-risk youth. Sets forth certain fiscal requirements for such workplace education activities. Requires States to use a portion of the funds for flexible workforce activities (flex account funds) to carry out school-to-work activities through the statewide system (except that any State that received a grant under specified provisions of the School-to-Work Opportunities Act of 1994 must use such portion to support continued development of the statewide School-to-Work Opportunities system through continuing activities in accordance with such grant). Allows States to use a portion of such flex account funds for workforce employment and workforce education activities. Allows States that meet specified requirements to use a portion of flex account funds for specified economic development activities relating to workforce training and skills upgrading. Sets forth limitations on use of funds and on individual participation under this title. (Sec. 717) Outlines provisions for supporting Indian and Native Hawaiian workforce development activities and associated supplemental services for Indian and Native Hawaiian youth and public assistance recipients on or near reservation areas. (Sec. 718) Directs the Governing Board, using certain funds made available below, to make grants to outlying areas to carry out workforce development activities. (Sec. 721) Provides for local uses of funds under this title, including: (1) local apportionment by activity, distributing 75 percent of workforce employment activities funds to local entities and 80 percent of workforce education activities funds to certain educational entities; (2) distributions for secondary school vocational education, for postsecondary and adult vocational education, and for adult education; and (3) minimal allocations and redistribution. Provides for States to enter into local agreements regarding workforce employment activities, school-to-work activities, and economic development activities to be carried out in each substate area with local partnerships (or, where established, workforce development boards). (Sec. 731) Provides for: (1) accountability; and (2) incentives and sanctions. (Sec. 733) Amends the Social Security Act with respect to the Unemployment Trust Fund to make Federal Unemployment Tax Act (FUTA) revenues available for statewide workforce development systems to the extent they are used to carry out specified core services relating to job search, placement assistance and labor market information provided through the one-stop career centers. (Sec. 734) Authorizes appropriations to carry out this Act (other than subtitle C below). Sets forth certain reservations of funds. Subtitle C: Job Corps and Other Workforce Preparation Activities for At-Risk Youth - Requires a State to use a portion of its allotment for workforce preparation activities for at-risk youth to maintain any Job Corps Center located in that State and carry out specified activities for Job Corps enrollees assigned there, if such center received assistance under the Job Training Partnership Act (JTPA) for FY 1996 and was not closed in accordance with specified provisions. (Sec. 744) Limits eligibility for the Job Corps to at-risk youth. (Sec. 745) Provides for Job Corps: (1) screening and selection of applicants; (2) enrollment and assignment; (3) centers' development, character, activities, operators, and inclusion of Civilian Conservation Centers; (4) program activities; (5) support by States of enrollees through personal allowances; (6) State operating plans; (7) standards of conduct; (8) community participation; and (9) counseling and placement. (Sec. 754) Directs the Secretary of Labor to offer leases and sales of Job Corps centers, for nominal consideration, to States with approved State plans. (Sec. 755) Provides for closure of certain Job Corps centers. Directs the Governing Board to conduct a national Job Corps audit, report to the appropriate congressional committees, and report recommendations to the Secretary of Labor, including identification of 25 Job Corps centers to be closed by September 30, 1997. Directs the Secretary, after reviewing such report, to close 25 centers by such date. (Sec. 756) Amends JTPA to set forth requirements for interim operating plans for Job Corps centers. (Sec. 759) Directs the Governing Board, for program years 1998 and subsequent, to make allotments to States to help pay for carrying out specified workforce preparation activities for at-risk youth. Sets forth provisions for core required activities, permissible activities, allotment formulas, State plans, applications, and within-State distribution. (Sec. 241) Authorizes appropriations to carry out this subtitle. Subtitle D: Transition Provisions - Authorizes the Secretary (of Labor or of Education or of Health and Human Services, depending on the covered activity) to waive, during a transition period, any requirement under any provision of law (or regulation under it) relating to a covered activity for States or localities that request such waivers and comply with specified requirements. Requires States to submit interim State plans to the Governing Board in order for a State or locality to use such transition waivers. (Sec. 765) Authorizes interim appropriations under the Older American Community Service Employment Act, the Carl D. Perkins Vocation and Applied Technology Education Act, and other specified Acts. Subtitle E: National Activities - Establishes the Workforce Development Partnership (Federal Partnership) as a Government corporation, with a Governing Board and an Office of Inspector General, to administer activities under this Act. Authorizes appropriations. (Sec. 772) Directs the Assistant Secretary for Educational Research and Improvement to: (1) conduct a national assessment of vocational education programs assisted under this Act, through studies and analyses conducted independently through competitive awards; and (2) appoint an independent advisory board to advise on implementation of such assessment. (Sec. 773) Directs the Governing Board to oversee development and continuous improvement of a nationwide integrated labor market information system. Sets forth Federal, joint Federal-State, and State responsibilities with respect to labor market information. (Sec. 774) Authorizes the Governing Board to a competitive grant to an institution of higher education, a public or private nonprofit organization or agency, or a consortium to establish a National Center for Research in Education and Workforce Development. (Sec. 775) Transfers to the Federal Partnership, as of June 30, 1998, all functions of the Secretaries of Labor and of Education (including those of their Offices of Inspector General) that relate to a covered activity and are minimally necessary to carrying out Federal Partnership functions. Provides for: (1) determinations of functions by the Board, including Board review of a proposed transition workplan of the Secretaries; (2) personnel, delegation and assignment, reorganization, and rulemaking powers; (3) transfer and allocations of appropriations and personnel; (4) incidental transfers, effect on personnel, and savings provisions; (5) a transition period; and (6) Board recommendations for additional legislation. (Sec. 776) Transfers to the appropriate receiving agency all functions that do not relate to a covered activity, but that the Secretaries of Labor and of Education, acting through the Employment and Training Administration (ETA) and the Office of Vocational and Adult Education (OVAE), respectively, exercised before June 30, 1998. Directs the Secretaries to submit, for Board review, a proposed transition workplan that includes determinations of: (1) ETA and OVAE functions that do not relate to a covered activity; and (2) appropriate receiving agencies for such functions. (Sec. 777) Terminates OVAE and ETA on July 1, 1998 (as well as any authority granted them or any of their units by any reorganization plan). Subtitle F: Repeals of Employment and Training and Vocational and Adult Education Programs - Repeals: (1) the State Legalization Impact Assistance Grant program under the Immigration Reform and Control Act of 1986; (2) specified Federal law to assist workers displaced by the expansion of the Redwood National Park; (3) the Displaced Homemakers Self-Sufficiency Assistance Act; (4) provisions for Appalachian vocational and other educational facilities and operations under the Appalachian Regional Development Act of 1965; (5) the Job Training for the Homeless demonstration program under the Stewart B. McKinney Homeless Assistance Act; (6) specified Federal transportation law for assistance by the Secretary of Transportation for certain human resource programs relating to mass transportation; and (7) specified Federal transportation law provisions for a program of protection and rehiring of certain dislocated airline employees, and assistance for them from an Airline Employee Protective Account administered by the Department of Labor. Repeals as of July 1, 1998: (1) trade adjustment assistance services under the Trade Act of 1974; (2) the Adult Education Act; (3) the Carl D. Perkins Vocational and Applied Technology Act; (4) the School-to-Work Opportunities Act of 1994; (5) the Wagner-Peyser Act (employment services); (6) the Job Training Partnership Act; (7) community service employment for older Americans under the Older Americans Act of 1965; and (8) programs of Adult Education for the Homeless and of Education for Homeless Children and Youth under the Stewart B. McKinney Homeless Assistance Act. (Sec. 782) Makes conforming amendments to various Federal laws, reflecting such immediate and subsequent repeals. Title VIII: Workforce Development-Related Activities - Subtitle A: Amendments to the Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to repeal authorities relating to consolidated rehabilitation plans. (Sec. 805) Authorizes the Commissioner of the Rehabilitation Administration to provide assistance to achieve participation by individuals with disabilities in activities carried out through a statewide workforce development system. (Sec. 808) Revises a declaration of policy to include references to linkages between the RA vocational rehabilitation program and other integral components of the statewide workforce development system. (Sec. 810) Revises provisions for individualized written rehabilitation programs, and renames them as individualized employment plans. (Sec. 811) Revises the scope of vocational rehabilitation services to eliminate surgery from the authorized uses of funds. Removes the qualification that small business operators' disabilities must be most severe in order for them to receive certain management services and supervision from State agencies. (Sec. 812) Provides for linkages between members of State Rehabilitation Advisory Councils and State workforce development boards. (Sec. 813) Requires consistency between RA evaluation standards and performance indicators and State benchmarks established under this Act. (Sec. 814) Repeals authority for Innovation and Expansion Grants (part C of title I Vocational Rehabilitation Services under RA). Subtitle B: Amendments to Immigration and Nationality Act - Prohibits State use of certain funds under the Immigration and Nationality Act for workforce employment activities under this Act. Title: X: Child Support - Subtitle A: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children. (Sec. 902) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family. (Sec. 903) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions. Subtitle B: Locate and Case Tracking - Mandates that the single statewide automated data system include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries. (Sec. 912) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 913) Requires State plans to: (1) provide for a State- operated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires. (Sec. 914) Requires the States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 915) Requires the States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes. (Sec. 916) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) executing child support obligations; and (3) enforcing visitation orders. (Sec. 917) Requires the States to have statutorily prescribed procedures requiring recordation on such documents of the Social Security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) death records. Subtitle C: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 923) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations. Subtitle D: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. (Sec. 933) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support. Subtitle E: Program Administration and Funding - Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs. (Sec. 942) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 944) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 945) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Subtitle F: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to determine the need for consideration by the Congress of national child support guidelines. (Sec. 952) Revises the requirements for State plan procedures for the review and adjustment of support orders. (Sec. 953) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards. (Sec. 954) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for any person knowingly or negligently violating such prohibition. Subtitle G: Enforcement of Support Orders - Amends the Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount. (Sec. 962) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of members of the armed forces. (Sec. 964) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor. (Sec. 965) Requires a State plan for child and spousal support to include specified procedures: (1) to ensure that persons owing past-due support work or participate in work activities the court deems appropriate; (2) to report to credit bureaus the name of the parent in arrears for child support; (3) to provide for liens against real and personal property for the support arrearages of an absent parent; and (4) to implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages. (Sec. 970) Requires the Secretary of State to deny, revoke, or limit a passport upon certification of nonpayment of child support. (Sec. 971) Authorizes the Secretary of State to negotiate reciprocal agreements with foreign nations: (1) regarding international enforcement of child support obligations; and (2) designating the Department of Health and Human Services as the central authority for such enforcement. Subtitle H: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. (Sec. 976) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child. Subtitle I: Enhancing Responsibility and Opportunity for Nonresidential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate absent parents' access to their children. Subtitle J: Effect of Enactment - Sets forth effective dates for the provisions of this Act. Title X: Reform of Public Housing - Amends the United States Housing Act of 1937 with respect to public housing provisions regarding: (1) ceiling rents; and (2) adjusted and earned income. (Sec. 1003) Exempts tenants from certain labor standards provisions. (Sec. 1004) Prohibits increased housing assistance to a family whose benefits under other public assistance programs have been reduced because of noncompliance. (Sec. 1005) Applies the provisions of this title to Indian housing.
United States · United States Congress · 28 July 1995
American Family-Owned Business Act - Amends the Internal Revenue Code to exclude from the gross estate specified portions of the adjusted value of the qualified family-owned business interests of the decedent.
![Official portrait of Sen. Murkowski, Frank H. [R-AK]](https://www.congress.gov/img/member/m001085_200.jpg)