United States · United States Congress · 29 September 1995
Requires the Senate and the House of Representatives to assemble in the Hall of the House on October 11, 1995, to remember the veterans and those who served on the home front in closing the commemoration of the 50th Anniversary of World War II. Designates November 4 through 11, 1995, as a Week of National Remembrance and the Closing of the 50th Anniversary of World War II. Calls for National Days of Prayer on November 4 through 5, 1995, and a World War II Education Day across America on November 8, 1995. Requires commemorations during such week to include the dedication of the future site of the Nation's World War II Memorial in Washington, D.C. Designates Veterans Day, November 11, 1995, as a "National Day of Observance and Celebration of the 50th Anniversary of World War II. Urges each State Governor and chief executive of political subdivisions of each State to issue a proclamation calling upon citizens to participate on November 11, 1995, at 11 o'clock a.m. in the ringing of the Bells of Peace and Freedom 50 times to signify the 50 years without a world war and the world's hope to achieve another 50 years of peace and freedom.
United States · United States Congress · 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: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act Subtitle A: Registration of Pesticides Subtitle B: Minor Use Crop Protection Subtitle C: Conforming Amendments Title II: Data Collection and Improved Procedures to Ensure that Tolerances Safeguard the Health of Infants and Children Title III: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act - Subtitle A: Registration of Pesticides - Amends Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) reregistration provisions to require the Administrator of the Environmental Protection Agency (EPA), as soon as the Administrator has sufficient information with respect to the dietary risk of a particular active ingredient (but no later the date of a reregistration determination), to: (1) reassess each associated tolerance (or tolerance exemption) issued under Federal Food, Drug, and Cosmetic Act (FDCA) provisions regarding pesticide residues in raw agricultural commodities; (2) determine whether the tolerance or exemption meets FDCA requirements and whether additional such tolerances or exemptions should be issued; and (3) commence proceedings under both FIFRA and FDCA as are warranted. Establishes a science review board to assist the scientific advisory panel that comments on decisions of the Administrator to cancel a pesticide's registration or change its classification and on regulations issued under FIFRA. Revises the definition of "unreasonable adverse effects on the environment" to include among such effects a human dietary risk from residue that results from use of a pesticide inconsistent with the standard determined by the Administrator to be adequate to protect the public health under FDCA. Subtitle B: Minor Use Crop Protection - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, any one of the alternatives poses greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or any one of the alternatives poses greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Subtitle C: Conforming Amendments - Makes conforming amendments to FIFRA related to pesticide minor uses. Title II: Data Collection and Improved Procedures to Ensure That Tolerances Safeguard the Health of Infants and Children - Directs the Administrator and the Secretaries of Agriculture and Health and Human Services to establish procedures to ensure that pesticide tolerances adequately safeguard the health of infants and children based on the recommendations of a specified report prepared by the National Research Council of the National Academy of Sciences. Directs the Secretary of Agriculture: (1) to collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, to implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title III: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 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 · 20 July 1995
Calls upon: (1) the Government of Japan to honor and abide by the terms of the United States-Japan bilateral aviation agreement and immediately authorize U.S. air cargo and passenger carriers which have pending route requests relating to their "beyond rights" to immediately commence service on such routes; and (2) the President to identify countermeasures that could be taken against such Government for its egregious violation of the agreement and to promptly impose appropriate countermeasures to ensure that such Government abides by the terms of the agreement.
United States · United States Congress · 28 June 1995
Women's Choice and Reproductive Health Protection Act of 1995 - Expresses the sense of the Congress that: (1) current provisions of law requiring funding for abortion services in cases of life endangerment, and for victims of rape or incest, to women eligible for medical assistance through the Medicaid program are essential to their health; (2) Federal resources are necessary to ensure that women have safe access to reproductive health facilities and that health professionals can deliver services in a secure environment free from threats of force; (3) it is necessary and appropriate to use Federal resources to combat the nationwide campaign of violence and harassment against reproductive health centers; (4) the program of grants under title XV of the Public Health Service Act (PHSA) should receive a level of funding that is adequate for all States to receive grants under such title; (5) the program of research centers under the PHSA should receive a level of funding that is adequate for a reasonable number of individuals to conduct research under the program; and (6) the program of loan-repayment contracts under the PHSA should receive a level of funding that is adequate for a reasonable number of individuals to conduct research under the program. Amends the PHSA to authorize appropriations for FY 1996 through 2000 for population research and family planning programs. Amends the Civil Rights Act of 1964 to prohibit any government authority from limiting the right of any individual to provide or receive nonfraudulent information about the availability of reproductive health care services, including family planning, prenatal care, adoption, and abortion services. Directs the Secretary of Health and Human Services to: (1) assure that the Food and Drug Administration evaluates the drug Mifepristone or RU 486; and (2) assess initiatives by which the Department of Health and Human Services can promote the testing, licensing, and manufacturing of the drug Mifepristone or other antiprogestins in the United States. Prohibits Federal law from being construed to prohibit health insurance providers from offering coverage for any reproductive health care services, including abortion services. Amends Federal law to provide that the performance of an abortion in a facility of the uniformed services located outside the 48 contiguous States of the United States is not prohibited provided specific requirements are met.
United States · United States Congress · 22 June 1995
Ninth Circuit Court of Appeals Reorganization Act of 1995 - Divides the current U. S. Court of Appeals for the Ninth Circuit into the following two circuits: (1) the Ninth Circuit composed of the States of Arizona, California, Hawaii, Nevada, Guam, and the Northern Mariana Islands, consisting of 19 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the Twelfth Circuit which contains Alaska, Idaho, Montana, Oregon, and Washington, consisting of seven judges, and holding regular sessions in Portland and Seattle.
United States · United States Congress · 15 June 1995
Employment Nondiscrimination Act of 1995 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except in their for-profit activities); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.
United States · United States Congress · 6 June 1995
TABLE OF CONTENTS: Title I: Commemorative Coin Programs Title II: National Law Enforcement Officers Memorial Maintenance Fund United States Commemorative Coin Act of 1995 - Title I: Commemorative Coin Programs - Requires the Secretary of the Treasury to mint and issue gold and-or silver coins: (1) emblematic of the Bicentennial of the United States; (2) to commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman; (3) to commemorate the 150th anniversary of the founding of the Smithsonian Institution; (4) to commemorate the public opening of the Franklin Delano Roosevelt Memorial in Washington, D.C.; (5) to commemorate the 125th anniversary of the establishment of Yellowstone National Park as the first National Park in the United States; and (6) to recognize the sacrifices of law enforcement officers and their families in preserving public safety. Provides for the distribution of surcharges from the sale of coins. (Sec. 102) Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the appropriate recipient organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Title II: National Law Enforcement Officers Memorial Maintenance Fund - Establishes the National Law Enforcement Officers Memorial Maintenance Fund as a revolving fund administered by the Secretary of the Interior to be used for specified purposes, including: (1) for the maintenance, security, and repair of the National Law Enforcement Officers Memorial in Washington, D.C.; (2) to periodically add to the Memorial the names of law enforcement officers who have died in the line of duty; and (3) to provide educational scholarships to the immediate family members of law enforcement officers killed in the line of duty whose names appear on the Memorial.
United States · United States Congress · 25 May 1995
Ninth Circuit Court of Appeals Reorganization Act of 1995 - Divides the current U. S. Court of Appeals for the Ninth Circuit into the following two circuits: (1) the Ninth Circuit composed of the States of Arizona, California, Hawaii, Nevada, Guam, and the Northern Mariana Islands, consisting of 19 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the Twelfth Circuit which contains Alaska, Idaho, Montana, Oregon, and Washington, consisting of seven judges, and holding regular sessions in Portland and Seattle.
United States · United States Congress · 11 May 1995
Minor Use Crop Protection Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, any one of the alternatives poses greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or any one of the alternatives poses greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations.
United States · United States Congress · 9 May 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it is U.S. policy that: (1) Jerusalem should be recognized as the capital of the State of Israel; and (2) construction of the U.S. Embassy in Jerusalem should begin no later than December 31, 1996, and officially open no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1997 and 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the respective fiscal year until the Secretary of State determines, and reports to the Congress, that (for FY 1997) such construction has begun and that (for FY 1999) the Embassy has opened. Limits the availability of specified amounts of such funds in certain fiscal years until they are expended for: (1) costs associated with relocating the U.S. Embassy to Jerusalem; and (2) the costs for its construction. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 9 May 1995
Requires the Board of Trustees of the Federal Hospital Insurance Trust Fund and the Board of Trustees of the Federal Supplementary Medical Insurance Trust Fund to submit recommendations to the Congress on: (1) controlling Medicare hospital insurance program costs and addressing the projected financial imbalance in the Federal Hospital Insurance Trust Fund; and (2) more effectively controlling Medicare supplementary medical insurance costs.
United States · United States Congress · 9 May 1995
TABLE OF CONTENTS: Title I: Ensuring the Integrity of the Listing and Critical Habitat Designation Processes Title II: Broadening the Recovery Plan to Constitute a Conservation Plan and Making the Conservation Plan Central to the Implementation of the Endangered Species Act of 1973 Title III: Improving the Consultation and Conferencing Processes for Federal Agency Actions Title IV: Ensuring that the Compliance Procedures and Standards for Non-Federal Persons are not More Burdensome than the Procedures and Standards Applicable to Federal Agencies Title V: Providing for Habitat Conservation Incentive Programs Title VI: Other Amendments Making the Endangered Species Act of 1973 More Effective and Less Burdensome Title VII: Authorizing Increased Appropriations Endangered Species Act Reform Act of 1995 - Title I: Ensuring the Integrity of the Listing and Critical Habitat Designation Processes - Amends the Endangered Species Act of 1973 (the Act) to direct the Secretary of the Interior, upon publication of notice of a proposed rulemaking for an action for the determination of an endangered or threatened species status, to provide notice of the right of any interested person to seek peer review of such action. Provides for review and publication of results after such request. (Sec. 102) Directs the Secretary to determine whether a species is endangered or threatened due to the inadequacy of any existing Federal, State, local governmental, and international regulatory mechanisms. (Sec. 103) Requires the Secretary to: (1) make such determinations based on the best reasonably obtainable scientific information; (2) identify and publish in the Federal Register a description of the extent of the use of scientific information in making the appropriate regulation; (3) provide an opportunity for public review and comment on the scientific information used; and (4) require States to adopt the reasonably obtainable scientific information standard when the Secretary enters into cooperative agreements with such States to establish and maintain an adequate and active program for the conservation of endangered and threatened plant species. (Sec. 104) Increases the number of public hearings required with respect to the listing of an endangered or threatened species. Directs the Secretary to consider in such a determination the existence of public or private breeding or hatchery programs for a species. Requires all findings (currently, limited) with respect to a petitioned action to review a determination to be subject to judicial review. (Sec. 107) Changes the standard which allows the Secretary to make an emergency regulation with respect to a species from the presence of conditions imposing a significant risk to the well-being of such species to conditions providing an imminent threat to the existence of such species. Title II: Broadening the Recovery Plan to Constitute a Conservation Plan and Making the Conservation Plan Central to the Implementation of the Endangered Species Act of 1973 - Directs the Secretary, upon a determination that a species is endangered or threatened, to: (1) issue appropriate incidental taking permits; (2) enter into appropriate Federal-State cooperative management agreements with respect to such species; or (3) commence the development of a conservation objective as established under this section. Directs the Secretary to publish a conservation objective for an affected species within 30 days after the issuance of an assessment and planning team report concerning biological, economical, and intergovernmental assessments of the consequences of listing a species as endangered or threatened. Directs the Secretary, after considering such report, to publish a conservation objective, a statement as to whether such objective was established, and a determination of whether to prepare a conservation plan for that species. Provides, with respect to any conservation plan determined necessary by the Secretary, for: (1) a time schedule; (2) plan priorities; (3) alternative strategies to achieve the conservation objective; (4) procedures (consultation, publication and public comment, and hearings); (5) publication of a final conservation plan; and (6) participation by appropriate persons in the development, implementation, and revision of conservation plans. Authorizes the Secretary to designate critical habitats, requiring the best reasonably obtainable scientific information to be used in such designation, and requiring any economic impacts to be considered. Provides instances under which the actions of a Federal agency shall be determined to be consistent with a conservation plan or objective established under this Act. Provides transition provisions for the period before which a conservation objective or plan is established or implemented. Authorizes the suspension of a conservation plan or objective in certain circumstances. Requires the Secretary to report to specified congressional committees on plan or objective implementation and to review and revise such plans or objectives. (Sec. 202) Provides transitional provisions with respect to: (1) expedited conservation plan issuance; (2) existing species recovery plans; and (3) the review and reissuance of biological opinions in conjunction with the issuance of a conservation objective or plan. (Sec. 203) Makes technical and conforming amendments to the Act in order to include conservation objectives and plans with respect to endangered or threatened species, as well as critical habitat designations, within the central focus of management under the Act. Title III: Improving the Consultation and Conferencing Processes for Federal Agency Actions - Requires consultation and conferencing standards between appropriate Federal agencies and the affected States to include an assurance by the Federal agency that a proposed action will not destroy or adversely modify any habitat designated as critical in a manner that is likely to jeopardize the continued existence of the species. Exempts certain actions of the Secretary from the consultation and conferencing requirements. Specifies those agency actions that shall not be considered takings for purposes of a listed species. (Sec. 303) Provides consultation conclusion deadlines. (Currently, such consultation is permitted for 90 days or any period of time mutually agreed upon by the Secretary and the Federal agency.) (Sec. 304) Entitles a permit or license applicant for the taking of a species on an endangered or threatened list to participate fully in any consultation or conferencing required between the Secretary and the Federal agency with respect to such application. (Sec. 305) Provides that if the Secretary determines that a proposed agency action is likely to jeopardize the continued existence of the species, the Secretary shall suggest reasonable and prudent alternatives that impose the least social and economic costs. (Sec. 306) Outlines procedural requirements when the listing or determination related to a species requires consultation on a land use plan or land or resource management plan under specified Federal laws. (Sec. 307) Requires use of the best reasonably obtained scientific information when determining reasonable and prudent alternatives to proposed agency action with respect to an endangered or threatened species. Authorizes a Federal agency to request the President to resolve irreconcilable conflicts between agency actions and other duties assigned to such agency. (Sec. 308) Prohibits the Secretary and the head of any Federal agency, in carrying out actions with respect to endangered or threatened species, from requiring, providing for, or recommending the imposition of any restriction or obligation on the activity of a person that is not otherwise subject to regulation by such agency. (Sec. 309) Requires specified endangered species risk assessment and cost-benefit analyses to be included in the consultation process. (Sec. 310) Terminates the Endangered Species Committee. Authorizes the Secretary and the President to grant exemptions from the Act for national security or major disaster reasons. Title IV: Ensuring That the Compliance Procedures and Standards for Non-Federal Persons Are Not More Burdensome Than the Procedures and Standards Applicable to Federal Agencies - Establishes consultation procedures between the Secretary and non-Federal persons with respect to a determination of consistency with an established conservation plan or objective, including the issuance of a permit when the Secretary determines that the person's activity is not likely to jeopardize the continued existence of the species or when the person has accepted a reasonable and prudent alternative to such activity. Provides for: (1) permit revocation for noncompliance; and (2) permits for incidental takings. (Sec. 402) Defines the "taking" and "harming" of a species for purposes of the Act. (Sec. 403) Excludes specified takings by non-Federal persons from current prohibitions against takings under the Act. (Sec. 404) Authorizes the Secretary, under specified circumstances including notice and opportunity for public hearing, to issue a general permit on a county, parish, State, regional, or nationwide basis for any category of activities that may affect a species that is included on an endangered or threatened list. Limits to five years the duration of such a permit and authorizes the Secretary to revoke or modify the permit upon a determination of greater than minimal impact on the species in question. (Sec. 405) Provides that, with respect to permits issued by the Secretary to non-Federal persons under the Act: (1) the Secretary may not require the applicant to expand the application to include land or water rights not owned by the applicant or to address a species other than the species for which the application is made; (2) no additional measures will be required of a permittee who is already in compliance with the permit, unless extraordinary circumstances are present (with burden of proof upon the Secretary); (3) the Secretary shall pay 50 percent of the costs of implementing the terms and conditions of the permit; (4) the Secretary may issue interim (temporary) permits; and (5) the Secretary may assist such person in the development of a multiple species non-Federal conservation plan for the conservation of more than one endangered or threatened species. (Sec. 406) Authorizes the Secretary and the Secretary of Agriculture to encourage exchanges of land, waters, or related interests other than national park or wilderness units in order to protect habitat on non-Federal lands. Title V: Providing for Habitat Conservation Incentive Programs - Authorizes the Secretary to enter into cooperative agreements with a State or group of States, a political subdivision of a State, or a local government for the administration and management of each area identified as a species' habitat. Provides, with respect to such agreements, for: (1) notification to affected parties; (2) species assessment; (3) submission, notification, and approval of, and public comments with respect to, such agreements; (4) critical habitat designation; (5) procedures for agreement violations; and (6) a Federal cost-sharing requirement of 50 percent of the costs of implementation. (Sec. 502) Provides grants to non-Federal persons for the habitat preservation of endangered or threatened species. Title VI: Other Amendments Making the Endangered Species Act of 1973 More Effective and Less Burdensome - Provides additional requirements to be followed during the release of experimental populations (the release of a species outside of its current range), including that such releases take place only in units of the National Park or National Wildlife Refuge System. (Sec. 602) Directs the Secretary to recognize and authorizes the Secretary to utilize captive propagation to protect or conserve an endangered or threatened species. Authorizes the Secretary to provide annual grants to non-Federal persons for such purposes. (Sec. 604) Provides priority in the issuance of permits for those whose purpose is to conduct research on alternative methods and technologies for reducing the incidental taking of an endangered or threatened species. (Sec. 605) Authorizes the Secretary or the Secretary of the Treasury to pay costs incurred by a person in providing temporary care for any endangered or threatened species. (Sec. 606) Directs the Secretary to provide notice through the Federal Register and appropriate local publications of any hearing or other public meeting required under provisions of the Act. (Sec. 607) Directs the Secretary, in carrying out specified provisions of the Act, to ensure the minimization of the Act's impact on the use and value of private property. Protects the right of private property owners to receive compensation from the Government for the lost use or value of property caused by requirements of the Act. States that certain provisions of the Act do not apply to: (1) privately owned property of five contiguous acres or less, unless activity there presents an imminent threat to the existence of an endangered or threatened species; and (2) other property undertaking activities determined by the Secretary to be unlikely to jeopardize the continued existence of a species. Authorizes the institution of private actions to remedy economic injury caused by provisions of the Act. (Sec. 608) Requires any water rights acquired or used by any party under the Act to be exercised in accordance with the law in the State in which the water will be used. (Sec. 609) Directs the Secretary to pay 50 percent of the costs in excess of $10 million incurred by a non-Federal person or Federal power marketing administration resulting from compliance with any provision of a conservation plan under the Act. Authorizes the Secretary to pay a Federal share of costs less than or equal to $10 million. Directs the Secretary to pay 50 percent of the allowed costs incurred by such parties resulting from consultation requirements under the Act. (Sec. 610) Authorizes the public display or exhibition of living wildlife in order to educate the public about the ecological role and conservation needs of the affected species. Authorizes the issuance of educational permits for such persons. Defines captive-bred wildlife for purposes of the Federal captive-bred wildlife registration system. Title VII: Authorizing Increased Appropriations - Authorizes appropriations for the Act for FY 1996 through 2001. Authorizes appropriations to the Department of the Interior for such fiscal years for: (1) cooperative management agreements; (2) convention implementation; (3) non-Federal conservation planning; and (4) habitat reserve grants.
United States · United States Congress · 3 May 1995
Amends the Internal Revenue Code to characterize as a redemption in part or full payment in exchange for stock a distribution in redemption of corporate-held stock if: (1) the redemption is part of a partial liquidation or not pro rata as to all shareholders; and (2) the corporation holding the stock would otherwise be entitled to a dividends received deduction.
United States · United States Congress · 24 April 1995
Condemns the bombing at the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Sends condolences to the families. Commends rescue and volunteer workers, law enforcement officials, and the President. Urges the President to use all necessary means to find and punish the perpetrators. Supports the President's and Attorney General's position that Federal prosecutors will seek the maximum penalty allowed by law, including the death penalty, for those responsible. Declares that the Senate will expeditiously approve legislation to strengthen the authority and resources of all Federal agencies involved in combating such acts of terrorism.
United States · United States Congress · 5 April 1995
National Aquaculture Development, Research, and Promotion Act of 1995 - Amends the National Aquaculture Act of 1980 to establish the Department of Agriculture (Department) as the lead Federal agency for the development of national policy and programs for private aquaculture. (Sec. 5) Authorizes (currently requires) the Secretary of Agriculture (Secretary) to: (1) establish within the National Agricultural Library a National Aquaculture Information Center; and (2) assign new aquaculture programs to the appropriate Federal agencies. (Sec. 6) Provides for coordination with the aquaculture industry. (Sec. 7) Directs the Secretary to: (1) implement a national policy for private aquaculture; (2) implement a Department Aquaculture Plan; (3) revise the National Aquaculture Development Plan; and (4) treat private aquaculture as a form of agriculture. (Sec. 8) Authorizes the Administrator of the Environmental Protection Agency to carry out grant and cooperative agreement programs to demonstrate aquaculture's application to environmental enhancement, including a water-borne pollution assessment program. (Sec. 9) Authorizes the Secretary to carry out grant and cooperative agreement programs for Native American fishpond revitalization. (Sec. 10) Authorizes the Secretary to establish aquaculture education programs in secondary and postsecondary vocational schools. (Sec. 11) Authorizes appropriations for aquaculture programs. (Sec. 12) Amends the Consolidated Farm and Rural Development Act to make aquaculture farmers eligible for farm credit assistance. (Sec. 13) Amends the Agricultural Trade Act of 1978 to authorize the Secretary to establish an international aquaculture information and data collection program. (Sec. 14) Directs the Secretary to report to the Congress with respect to aquaculture information network enhancement. (Sec. 15) Directs the Secretary to develop an aquatic species voluntary quality standards certification plan. (Sec. 16) Directs the Secretary to report to the Congress on progress made in implementing this Act.
United States · United States Congress · 28 March 1995
Ryan White CARE Reauthorization Act of 1995 - Amends title XXVI (HIV Health Care Services Program) of the Public Health Service Act regarding emergency relief for areas with a substantial need for services. Changes requirements for grants to metropolitan areas having large numbers of cases of acquired immune deficiency syndrome (AIDS). Modifies the composition, chairperson requirements, and duties of local human immunodeficiency virus (HIV) health services planning councils. Revises requirements for supplemental grants. Alters the method for determining the amount of each grant, the mandated uses of the grants, and application requirements. Allows a single application for initial and supplemental grants and authorizes both to be made as a single grant. Mandates (currently, allows) technical assistance. Authorizes planning grants. Amends provisions relating to the care grant program to change the uses of HIV care consortia grants and consortium application requirements. Mandates establishment of a recommended minimum formulary of pharmaceutical drug therapies approved by the Food and Drug Administration. Revises: (1) State duties in using grant funds to provide treatments; (2) State application requirements; and (3) planning, evaluation, and administration requirements. Mandates (currently, allows) technical assistance. Mandates grievance procedures to address allegations of egregious violations of title XXVI. Requires coordination of the planning and implementation of Federal HIV programs by the Health Resources and Services Administration, the Centers for Disease Control and Prevention, and the Substance Abuse and Mental Health Services Administration. Amends early intervention services provisions to: (1) require grant recipients to provide a continuum of primary care; and (2) modify other requirements regarding uses of grant funds. Authorizes planning grants to entities that are not direct primary care providers to enable them to provide HIV primary care services. Authorizes appropriations for early intervention grants. Replaces provisions mandating demonstration grants for research and services for pediatric AIDS patients with provisions mandating grants for primary care for out-patient care and support services to children, youth, women with HIV disease, and the families of those individuals and for facilitating the participation of such individuals in research. Requires procedures for the protection of human subjects. Prohibits conditioning services on research participation. Authorizes appropriations. Reserves a specified portion of the amounts appropriated under other parts of title XXVI to administer a special projects of national significance program to award direct grants for special programs for the care and treatment of individuals with HIV disease. Repeals current provisions relating to special projects of national significance. Replaces provisions of the Public Health Service Act authorizing grants and contracts to train the faculty of specified types of health professions schools regarding providing for the health care needs of individuals with HIV disease with provisions authorizing grants and contracts to train health personnel, including community providers, in the diagnosis, treatment, and prevention of HIV infection and disease. Authorizes appropriations. (Sec. 4) Amends title XXVI provisions relating to emergency relief for areas with a substantial need for services to modify the formula for determining the amount of grants. (Sec. 5) Amends provisions relating to the care grant program to change the formula regarding minimum grant allotments. (Sec. 6) Authorizes appropriations to make grants under title XXVI provisions relating to: (1) emergency relief for areas with a substantial need for services; and (2) the care grant program. Mandates development and implementation of a methodology for adjusting the percentages allocated to those parts. Repeals existing authorizations of appropriations for those parts.
United States · United States Congress · 23 March 1995
TABLE OF CONTENTS: Title I: Findings and Purposes Title II: Property Rights Litigation Relief Title III: Alternative Dispute Resolution Title IV: Private Property Taking Impact Analysis Title V: Private Property Owners Administrative Bill of Rights Title VI: Miscellaneous Omnibus Property Rights Act of 1995 - Title I: Findings and Purposes - Proposes, with specified measures, to encourage and protect the constitutional and legal rights of private property owners against any Federal agency's regulatory or administrative action that adversely affects private property. Title II: Property Rights Litigation Relief - Prohibits Federal and State agencies acting pursuant to Federal mandate from taking private property except for public use and with just compensation to the property owner. (Sec. 204) Requires that such compensation be paid out of the congressionally appropriated funds of any Federal agency whose actions (directly or through a State agency) result in a physical invasion or taking of private property for public use without the owner's consent and at least one of several other circumstances pertain, including that the action: (1) does not substantially advance the stated governmental interest to be achieved by the legislation or regulation on which the action is based; (2) deprives the property, temporarily or permanently, of all or substantially all of its economically beneficial or productive use; or (3) diminishes the property's fair market value by 33 percent or more. Measures "just compensation" as the decrease in fair market value, and any business losses resulting from Federal agency action. Prohibits the filing of claims against a State agency for carrying out a regulatory program mandated or funded by Federal law. (Sec. 205) Amends the Federal judicial code to grant concurrent jurisdiction to the United States District Court and the United States Court of Federal Claims to hear civil actions brought under this Act. Title III: Alternative Dispute Resolution - Provides for settlement or arbitration, upon consent of both parties, of such property rights disputes. Declares that: (1) such dispute resolution shall not be a condition precedent to or an administrative procedure to be exhausted before the filing of a civil action; and (2) awards are to be taken from congressional appropriations of the Federal agency whose actions are at issue. Title IV: Private Property Taking Impact Analysis - Declares that, with specified exceptions, Federal agency actions likely to result in the taking of private property shall be preceded by a written impact analysis available to the public including: (1) the purpose of the action; (2) the likelihood of an interference with private property; (3) the potential Federal liability to property owners; and (4) any alternative actions that would fulfill the same objectives less intrusively. (Sec. 404) Prohibits any action reasonably predicted to result in an uncompensated taking. Title V: Private Property Owners Administrative Bill of Rights - Directs Federal agency heads enforcing the Endangered Species Act and the Federal Water Pollution Control Act to: (1) comply with State and tribal laws; (2) act in the manner least intrusive to private property rights; (3) implement rules and regulations to ensure the protection of those rights; (4) refrain from entering private property to acquire information without the written consent and notice of the owner; and (5) refrain from using data collected on privately owned property to implement or enforce such Acts without providing the property owner with access to and the opportunity to dispute such data. (Sec. 506) Amends the Federal Water Pollution Control Act and the Endangered Species Act of 1973 to establish property owner appeal rights. (Sec. 508) Requires agency heads to provide owners of private property adversely affected by agency action with the option of either: (1) selling the property to the agency for fair market value without use restrictions; (2) receiving compensation for any resulting decrease in the property's fair market value resulting from such restrictions; or (3) entering into arbitration. (Sec. 509) Amends the Endangered Species Act of 1973 to require the Secretary of the Interior to notify all private property owners or lessees of property subject to it of any new management agreement with a non-Federal person that establishes restrictions on property use, providing each of them the opportunity to participate in such agreement. Title VI: Miscellaneous - Sets forth severability provisions and the effective date of this Act.
United States · United States Congress · 22 February 1995
Amends the Immigration and Nationality Act to redefine legitimate or illegitimate children as children born in or out of wedlock, respectively, for purposes of such Act.
United States · United States Congress · 15 February 1995
Authorizes the Alpha Phi Alpha Fraternity to establish a memorial to Martin Luther King, Jr., in the District of Columbia and its environs. Prohibits the United States from paying any expense of establishing the memorial.
United States · United States Congress · 10 February 1995
Federal Lands Forest Health Protection and Restoration Act - Directs the Secretaries of the Interior and Agriculture to: (1) review the forest health conditions on Federal lands under their respective jurisdictions at least annually; and (2) designate forest health emergency or high risk areas and select and authorize the forest health management activities to be undertaken. Designates conditions under which an area of Federal lands shall be designated as either a forest health emergency or high risk area. Requires the prioritization of such areas by the Secretary concerned. Requires the appropriate forest health management activities to be those which the Secretary concerned determines to most specifically address the specific site conditions of the area using the combination of management practices, treatment, and protection needed to arrest the decline in, and to restore, forest health to a condition capable of supporting and sustaining the uses within the historic range of the area. Requires a statement of necessity by the Secretary concerned whenever the harvest of live trees is expected to occur in a forest health management activity. Provides a petition process under which any interested person may petition either Secretary to designate a specific area of at least 100 acres as a forest health emergency or high risk area. (Sec. 4) Directs each Secretary to publish in the Federal Register notice of the prospective decision to designate a forest health emergency or high risk area and to select appropriate forest health management activities for such area. Requires compliance with certain Federal laws. Provides for public comment and administrative and judicial review of such decisions (prohibiting administrative review of the designation of a forest health emergency area). Excludes certain Federal lands from any designations or management activities under this Act. (Sec. 6) Directs the Secretaries to jointly prepare and submit to specified congressional leaders and committees an annual Forest Health Report to evaluate forest health on Federal lands. (Sec. 7) Requires summaries of forest health conditions, activities, and expenditures to be included in annual requests from the President to the Congress governing activities of the Bureau of Land Management, Fish and Wildlife Service, or Forest Service. (Sec. 8) Authorizes appropriations for FY 1996 through 2006.
United States · United States Congress · 30 January 1995
Equal Remedies Act of 1995 - Amends Federal law relating to damages in cases of intentional employment discrimination to remove the limits on the dollar amount of damages awardable for pecuniary and nonpecuniary losses and punitive damages.
United States · United States Congress · 26 January 1995
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 24 January 1995
TABLE OF CONTENTS: Title I: High Seas Fisheries Licensing Title II: Implementation of Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries Title III: Atlantic Tunas Convention Act Title IV: Fishermen's Protective Act Title V: Fisheries Enforcement in Central Sea of Okhotsk Title VI: Driftnet Moratorium Title VII: Governing International Fishery Agreement Fisheries Act of 1995 - Title I: High Seas Fisheries Licensing - High Seas Fisheries Licensing Act of 1995 - Prohibits a high seas vessel from engaging in harvesting operations on the high seas unless the vessel has on board a valid license issued under this Act. Makes any U.S. vessel eligible to receive such a license unless the vessel was previously authorized to be used for fishing on the high seas by a foreign nation and such nation suspended or, within the last three years preceding application for a license, withdrew such authorization because the vessel undermined the effectiveness of international conservation and management measures. Makes such restriction inapplicable in cases where the Secretary of Commerce determines that issuing a license would not subvert the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas. Sets forth application and fee provisions. (Sec. 105) Directs the Secretary to maintain a record of high seas vessels issued licenses under this Act and to notify the flag State if a foreign fishing vessel has engaged in activities undermining the effectiveness of international conservation and management measures. (Sec. 106) Sets forth enforcement and penalty provisions. Title II: Implementation of Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries - Northwest Atlantic Fisheries Convention Act of 1995 - Provides for the implementation of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, including provisions regarding: (1) appointment of U.S. representatives and alternate representatives as Commissioners and on the Scientific Council; (2) handling of requests for scientific advice; (3) the authorities of the Secretary of State; and (4) cooperation between various agencies, private institutions, and organizations. (Sec. 207) Makes certain actions unlawful, including: (1) violating any regulation issued under this Act or any measure legally binding on the United States under the Convention; (2) resisting, impeding, intimidating, or interfering with certain actions; and (3) transporting, selling, or possessing fish taken in violation of these provisions. Provides for: (1) civil and criminal penalties, permit sanctions, and forfeiture of vessels, cargo, and fish; (2) enforcement by the Coast Guard; and (3) U.S. district court exclusive jurisdiction. (Sec. 208) Directs the Secretaries of State and Commerce to jointly establish a consultative committee on issues related to the Convention and the agreement with Canada. (Sec. 211) Authorizes appropriations. Title III: Atlantic Tunas Convention Act - Atlantic Tunas Convention Authorization Act of 1995 - Amends the Atlantic Tunas Convention Act of 1975 to require a report to specified congressional committees on the current research and monitoring activities on Atlantic bluefin tuna and other highly migratory species. (Sec. 302) Mandates a comprehensive research program to support the conservation and management of Atlantic bluefin tuna and other highly migratory species, including identifying and defining the range of stocks. Amends Federal law to remove a provision authorizing appropriations for a currently-mandated biennial report on bluefin tuna. (Sec. 303) Regulates operational matters for the advisory committee established by the Act, including regarding quorums, a chairman, meetings, and administrative and technical support. (Sec. 304) Prohibits the promulgation of regulations to increase or decrease fishery mortality levels. (Sec. 305) Makes the civil penalty and permit sanctions of the Magnuson Fishery Conservation and Management Act applicable to violations of this Act. (Sec. 306) Authorizes appropriations. (Sec. 307) Directs the Secretary of Commerce to submit a report annually to specified congressional committees that: (1) details for the previous ten years the catches and exports to the United States of highly migratory species from nations fishing on Atlantic stocks that are subject to management by the International Commission for the Conservation of Atlantic Tunas; (2) identifies those fishing nations whose harvests are inconsistent with existing international conservation and management programs; and (3) describes reporting requirements to ensure that imported fish are in compliance with international management measures. Provides for the Secretary to promulgate necessary enforcement regulations with respect to those nations that do not comply with Commission recommendations. (Sec. 308) Provides for the Secretary to implement the recommendations of the Commission regarding yellowfin tuna. Title IV: Fishermen's Protective Act - Amends the Fisherman's Protective Act of 1967 to direct the Secretary of State to reimburse vessel owners for fees paid to a foreign government to navigate in its waters if such fees are regarded by the United States as being inconsistent with international law. Provides for heads of Federal agencies to impose reciprocal conditions on nations that impose conditions on United States fishing vessels that are inconsistent with international law. (Sec. 403) Extends the Act's termination date from October 1, 1993, to October 1, 2000. Title V: Fisheries Enforcement in Central Sea of Okhotsk - Sea of Okhotsk Fisheries Enforcement Act of 1995 - Amends the Central Bering Sea Fisheries Enforcement Act of 1992 to prohibit U.S. vessels and nationals from fishing in the Central Sea of Okhotsk except in accordance with an international fishery agreement to which the United States and the Russian Federation are parties. Title VI: Driftnet Moratorium - High Seas Driftnet Fishing Moratorium Protection Act - Prohibits the United States from entering into any international agreement with respect to fisheries, marine resources, the use of the high seas, or trade in fish or fish products that would prevent full implementation of the global moratorium on large-scale driftnet fishing on the high seas, as such moratorium is expressed in a certain United Nations (U.N.) resolution. (Sec. 604) Directs the Secretary of State to seek to enhance the implementation and effectiveness of U.N. resolutions and decisions regarding the moratorium on large-scale driftnet fishing on the high seas through appropriate international agreements and organizations. (Sec. 606) Requires the President to utilize appropriate assets of the Federal Government to detect, monitor, and prevent violations of such U.N. moratoriums. Title VII: Governing International Fishery Agreement - Declares that the Congress approves the governing international fishery agreement between the United States and the Republic of Estonia as contained in message from the President on January 19, 1995.
United States · United States Congress · 24 January 1995
Condemns the terrorist attacks in Israel and extends condolences to the families of all those killed. Declares that: (1) Palestine Liberation Organization Chairman Arafat should publicly condemn acts of terror against Israelis, take immediate steps to bring those responsible for such acts to justice, and implement steps to prevent future terrorism in all territory under his control; (2) Syrian President Assad should immediately end all support for terrorist groups in all territory under his control; and (3) the Clinton Administration should undertake strong efforts to end the safe haven, training, and financial and other support granted terrorists by Iran, Syria, and other states.
United States · United States Congress · 19 January 1995
Constitutional Amendment - Prohibits the election of any person to a full term as a Senator more than twice or to a full term as a Representative more than three times. Bars any person who has been: (1) a Senator for more than three years of a term to which another person was elected from being subsequently elected more than once; and (2) a Representative for more than a year of a term to which another person was elected from being subsequently elected more than twice.
United States · United States Congress · 18 January 1995
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of $10,000, or 20 percent or more, of the fair market value of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
United States · United States Congress · 17 January 1995
Constitutional Amendment - Limits a person to three consecutive terms in the Senate and seven consecutive terms in the House of Representatives (excluding partial terms in each case).
United States · United States Congress · 4 January 1995
Bosnia and Herzegovina Self-Defense Act of 1995 - Directs the President to terminate the U.S. arms embargo of the Government of Bosnia and Herzegovina on the date of receipt of a request from such government for assistance in exercising its right of self-defense under the United Nations Charter or May 1, 1995, whichever comes first.
United States · United States Congress · 4 January 1995
Bonneville Power Administration Appropriations Refinancing Act - Amends the Federal Columbia River Transmission System Act to prescribe guidelines under which the Administrator of the Bonneville Power Administration is directed to refinance a certain appropriated debt by determining with the approval of the Secretary of the Treasury: (1) a new principal amount for such debt; (2) a new interest rate for such debt based on the Treasury rate for the old capital investment; and (3) a $100 million limit on prepayments of old capital investments before a certain date. Prescribes guidelines for interest rates for new capital investments. Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to appropriate specified amounts to the Administrator in certain fiscal years so long as the Administrator makes annual payments to the Tribes under a certain settlement agreement. Directs the Administrator to offer to include provisions in future electric power service contracts that preclude further increases in the principal amount or interest rate obligations to the Government.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Legislative Accountability and Reform Title II: Regulatory Accountability and Reform Title III: Review of Unfunded Federal Mandates Title IV: Judicial Review Unfunded Mandate Reform Act of 1995 - Prohibits the application of this Act to any proposed Federal legislation or proposed or final Federal regulation that: (1) enforces the constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit various specified types of discrimination; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government; (4) provides for emergency assistance or relief at the request of any State, local, or tribal government (small government); or (5) is designed as emergency legislation or is necessary for national security or international treaty purposes. Requires each Federal agency to provide to the Director of the Congressional Budget Office (CBO) such information and assistance as the Director may reasonably request to assist him or her in carrying out this Act. Title I: Legislative Accountability and Reform - Amends the Congressional Budget and Impoundment Control Act of 1974 and the Congressional Budget Act of 1974 with respect to unfunded Federal mandates. (Sec. 101) Includes tribal governments and the private sector within the purview of mandate analysis by CBO and congressional committees. Requires authorization committees to identify to CBO any Federal mandates in legislation ordered to be reported. Requires the report accompanying any reported legislation with a Federal mandate to contain statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost-benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit the authorizing committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $200 million per fiscal year direct cost of private sector mandates. Makes it out of order for the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Gives the House Committee on Government Reform and Oversight and the Senate Committee on Governmental Affairs final authority to determine questions on the applicability of this Act to pending bills, joint resolutions, amendments, motions, or conference reports. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 102) Amends House rules with regard to the Committee of the Whole and Committee on Rules: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points of order relating to Federal mandates. (Sec. 103) Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering any legislative proposal establishing, amending, or reauthorizing any Federal program likely to have a significant impact on any State, local, or tribal government or on the private sector to include its views and estimates on that proposal to the applicable budget committee. (Sec. 104) Authorizes appropriations to CBO to carry out this Act. (Sec. 106) Repeals the State and Local Government Cost Estimate Act of 1981. Title II: Regulatory Accountability and Reform - Requires each Federal agency to: (1) assess the effects of Federal regulations on State, local, and tribal governments (other than to the extent that such regulations incorporate requirements specifically set forth in legislation) and the private sector, including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to permit elected officials and other representatives of State, local, and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal mandates. Requires each agency: (1) before establishing regulatory requirements, to develop plans for notifying small governments of such requirements; and (2) before promulgating any final rule that includes any Federal intergovernmental mandate that may result in State, local, or tribal government and private sector expenditures, in the aggregate, of $100 million or more in any one year, to prepare a written statement of specified estimates and analyses for forwarding to the CBO Director. Authorizes appropriations. (Sec. 204) Directs the Director of the Office of Management and Budget to establish pilot programs in at least two agencies to test innovative approaches to reducing reporting and compliance burdens on small governments. Title III: Review of Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on local, State, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance by State, local, and tribal governments, especially with respect to specific mandates for which the terms of compliance are unnecessarily rigid or complex; (2) terminating unfunded mandates which are duplicative, obsolete, or lacking in practical utility; and (3) temporarily suspending those unfunded mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 307) Authorizes appropriations. Title IV: Judicial Review - Disallows judicial review under this Act.
United States · United States Congress · 4 January 1995
Worker Retraining Flexibility Act of 1995 - Amends the Job Training Partnership Act to revise title III provisions for employment and training assistance for dislocated workers. (Sec. 2) Revises conditions for granting waivers of the requirement that a substate grantee expend at least half of the funds allocated to it for retraining services. (Sec. 3) Eliminates the cap on the portion of such funds which may be used for needs-related payments and other supportive services. (Sec. 4) Authorizes the Secretary of Labor to make certain funds available for needs-related payments for Federal delivery of dislocated worker services. (Sec. 5) Directs the Secretary to expend, from certain reserved funds, on the basis of need demonstrated by a State, a specified minimum amount for retraining of eligible dislocated workers under the Northwest Economic Adjustment Initiative.
United States · United States Congress · 7 October 1994
Expresses the sense of the Senate in support of the Schindler Project's efforts to provide high school seniors with the opportunity to view the film "Schindler's List" and discuss its historical implications and the application of those lessons to contemporary society.
United States · United States Congress · 6 October 1994
Revises rule XXXV of the Standing Rules of the Senate to prohibit any Member, officer, or employee of the Senate (Member) from accepting a gift, knowing that such gift is provided by a lobbyist, a registered lobbyist under the Federal Regulation of Lobbying Act, a lobbying firm, or an agent of a foreign principal. Sets forth provisions regarding what: (1) constitutes a prohibited gift (including anything provided by a lobbyist which is paid for, charged to, or reimbursed by a client or firm of such lobbyist, certain charitable contributions or other payments by a lobbyist relating to a retreat sponsored by or affiliated with an official congressional organization); and (2) does not constitute a gift (including anything for which the recipient pays the market value, anything the recipient does not use and promptly returns to the donor, food or refreshments of nominal value offered other than as part of a meal, and pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer). Sets forth provisions regarding gifts given for a nonbusiness purpose, motivated by family relationship or close personal friendship (generally permitted). Prohibits any Member from knowingly accepting a gift from any other person except as provided in this rule. Lists circumstances where such restrictions shall not apply. Considers a gift to the spouse or dependent of a Member to be a gift to such Member if given with the knowledge and acquiescence of, and with reason to believe the gift was given because of official position as, a Member. Permits Members to accept: (1) offers of free attendance at a widely attended convention, symposium, reception, or similar event, subject to specified requirements; and (2) a sponsor's unsolicited offer of free attendance at a charity event, except for reimbursement for transportation and lodging in connection with the event. Directs the Select Committee on Ethics to provide guidance setting forth reasonable steps that may be taken by Members, with a minimum of paperwork and time, to prevent the acceptance of prohibited gifts from lobbyists.
United States · United States Congress · 30 September 1994
Ryan White CARE Reauthorization Act of 1994 - Amends the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (title XXVI of the Public Health Service Act) to limit the grant program for emergency relief for areas with substantial need for services to eligible areas with a population of at least 500,000 individuals. Requires an HIV health services planning council (which advises on the distribution of such grants) to be reflective of the demographics of the human immunodeficiency virus (HIV) epidemic in an eligible area, with particular consideration given to disproportionately affected and historically underserved groups. Revises the method of distributing such grants and extends authorized appropriations for them until FY 2000. Revises the care grant program that makes funds available for individuals and families with the HIV disease. Authorizes the award of supplemental grants to eligible entities to enhance community-based care, treatment, and supportive services through the development and operation of consortia and innovative approaches. Extends authorized appropriations for such grant program through FY 2000. Requires the establishment of grievance procedures to address allegations of egregious violations of title XXVI of the Public Health Service Act. Directs the Secretary of Health and Human Services to coordinate the planning and implementation of Federal HIV programs to facilitate the development of a complete continuum of HIV-related services for individuals with HIV disease and those at risk of such disease. Extends authorized appropriations for early intervention services until FY 2000. Extends authorized appropriations until FY 2000 for grants for coordinated services and access to research for children, youth, women, and families (formerly known as demonstration grants for research and services for pediatric patients regarding acquired immune deficiency syndrome). Makes appropriations available for special projects of national significance program to award direct grants to public and nonprofit private entities to fund special programs for the care and treatment of individuals with HIV disease.
United States · United States Congress · 27 September 1994
TABLE OF CONTENTS: Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements Subtitle A: Approval of Agreements and Related Provisions Subtitle B: Tariff Modifications Subtitle C: Uruguay Round Implementation and Dispute Settlement Subtitle D: Related Provisions Title II: Antidumping and Countervailing Duty Provisions Subtitle A: General Provisions Subtitle B: Subsidies Provisions Subtitle C: Effective Date Title III: Additional Implementation of Agreements Subtitle A: Safeguards Subtitle B: Foreign Trade Barriers and Unfair Trade Practices Subtitle C: Unfair Practices in Import Trade Subtitle D: Textiles Subtitle E: Government Procurement Subtitle F: Technical Barriers to Trade Title IV: Agriculture-Related Provisions Subtitle A: Agriculture Subtitle B: Sanitary and Phytosanitary Measures Subtitle C: Standards Subtitle D: General Effective Date Title V: Intellectual Property Subtitle A: Copyright Provisions Subtitle B: Trademark Provisions Subtitle C: Patent Provisions Title VI: Related Provisions Subtitle A: Expiring Provisions Subtitle B: Certain Customs Provisions Subtitle C: Conforming Amendments Title VII: Revenue Provisions Subtitle A: Withholding Tax Provisions Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes Subtitle C: Earned Income Tax Credit Subtitle D: Provisions Relating to Retirement Benefits Subtitle E: Other Provisions Subtitle F: Pension Plan Funding and Premiums Title VIII: Pioneer Preferences Uruguay Round Agreements Act - Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements - Subtitle A: Approval of Agreements and Related Provisions - Declares that the Congress approves: (1) the Uruguay Round Agreements entered into on April 15, 1994, pursuant to the Uruguay Round of multilateral trade negotiations under the General Agreement on Tariffs and Trade (GATT); and (2) a statement of administrative action proposed to implement such agreements that was submitted to the Congress on September 27, 1994. Authorizes appropriations. (Sec. 102) Prohibits any provision of the Uruguay Round Agreements that is inconsistent with any U.S. law from having any effect. Sets forth provisions governing the Agreements and their effect on State laws and private remedies. Subtitle B: Tariff Modifications - Grants the President, in addition to his other powers to enter into trade agreements regarding trade barriers, the authority to proclaim other modifications of any duty, staged rate reduction, or additional duties as may be necessary to carry out Schedule XX (United States annexed to the Marrakesh Protocol to GATT). (Sec. 112) Amends the Customs and Trade Act of 1990 to declare that the duty on foreign repairs made to U.S.-flag vessels shall not apply to the cost of equipment or spare parts for repairs made to certain U.S.-flag LASH (Lighter Aboard Ship) barges or cargo vessels that enter the United States on or after the date the World Trade Organization (WTO) Agreement enters into force. Amends the Tariff Act of 1930 to declare that such duty shall not apply to the cost of spare parts necessarily installed on such vessels before they first enter the United States, but only if a duty is paid under the Harmonized Tariff Schedule of the United States upon first entry into the United States on each spare part purchased in, or imported from, a foreign country. (Sec. 113) Directs the Secretary of the Treasury (Secretary) to liquidate or reliquidate and refund any duties that were paid on: (1) certain agglomerated stone tiles entered into the United States on or after January 1, 1989, and before October 1, 1990; and (2) clomiphene citrate entered into the United States after December 31, 1988, and before January 1, 1993. (Sec. 114) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to: (1) unimproved wool and other wool not finer than 46s; (2) octadecyl isocyanate; and (3) 5-chloro-2-(2,4- dichlorophenoxy)phenol. (Sec. 115) Sets forth consultation and layover requirements for actions proclaimed by the President. Subtitle C: Uruguay Round Implementation and Dispute Settlement - Sets forth provisions governing: (1) implementation of the Uruguay Round Agreements; (2) WTO dispute settlement panels; (3) review of WTO operations; (4) increased transparency of the costs and benefits of trade policy actions; and (5) access to the WTO dispute settlement process. (Sec. 128) Amends the Trade Act of 1974 to revise the composition of the Advisory Committee for Trade Policy and Negotiations to include representatives from nongovernmental environmental and conservation organizations. Subtitle D: Related Provisions - Directs the President to seek the establishment in the GATT 1947 (General Agreement on Tariffs and Trade, dated October 30, 1947) and in the WTO of a working party to examine internationally recognized worker rights as they relate to the articles, objectives, and related instruments of such agreement and organization. (Sec. 133) Expresses the sense of the Congress that the United States Trade Representative (USTR) should oppose the admission for membership into the WTO of any country that supports the boycotting of another country. (Sec. 134) Urges the President to develop a comprehensive trade and development policy for African countries. (Sec. 135) Declares that the principal U.S. negotiating objective in the extended negotiations on financial services to be conducted under the auspices of the WTO is to seek to secure commitments from developed and developing countries to reduce or eliminate barriers to the supply of financial services as the condition for the United States: (1) offering commitments to provide national treatment and market access in each of the financial services subsectors; and (2) making such commitments on a most-favored-nation basis. Declares that the principal U.S. negotiating objective in the extended negotiations on basic telecommunications services is to obtain the opening on a nondiscriminatory basis of foreign markets for basic telecommunications services through facilities-based competition or through the resale of services on existing networks. Declares the principal U.S. negotiating objectives in the extended negotiations on trade in civil aircraft are, among other things, to obtain: (1) competitive opportunities for U.S. exports in foreign markets equivalent to those afforded to foreign products in the United States; (2) the reduction or elimination of tariff and nontariff barriers, including through expanded membership in the Agreement on Trade in Civil Aircraft and in the US-EC bilateral agreement for large civil aircraft; and (3) increased transparency with respect to foreign subsidy programs in the civil aircraft sector, maintaining vigorous and effective disciplines on subsidies practices under the Agreement on Subsidies and Countervailing Measures (Subsidies Agreement). (Sec. 136) Amends the Internal Revenue Code to repeal the tax on imported perfumes that contain distilled spirits. Grants a drawback (refund) of tax paid on distilled spirits used in the manufacture of imported perfumes. (Sec. 137) Requires unliquidated imported nonrubber footwear from Brazil which is subject to Treasury Decision 74-233, dated September 9, 1974, and which was entered, or withdrawn from warehouse for consumption, on or before October 28, 1981, to be assessed countervailing duties at rates equal to the amount of the cash deposit of the estimated countervailing duties required on such footwear at the time of entry or withdrawal from warehouse for consumption. Title II: Antidumping and Countervailing Duty Provisions - Subtitle A: General Provisions - Amends the Tariff Act of 1930 to require the administering authority, upon receipt of a petition filed requesting a countervailing duty or antidumping duty proceeding, to: (1) notify the exporting country named in the petition by delivering a public version of the petition; and (2) with respect to a countervailing duty proceeding, provide any exporting country named in the petition that is a Subsidies Agreement country an opportunity for consultations. (Sec. 212) Revises provisions regarding countervailing duty and antidumping duty petition determinations with respect to: (1) whether the petition has been filed by or on behalf of an industry; (2) extension of time for filing a petition; (3) polling to determine industry support; (4) comments by interested parties; and (5) termination of a petition where imports of the subject merchandise have been determined negligible. Reduces from 85 days to 65 days after a countervailing duty investigation is initiated the deadline by which the administering authority must determine, based on available information, whether a subsidy is being provided with respect to merchandise which is the subject of such investigation. Reduces the time period on other countervailing duty and antidumping duty determinations. (Sec. 213) Requires the administering authority, whenever making a preliminary or final antidumping duty determination with respect to imported merchandise, to disregard any weighted average dumping margin that is de minimis (less than two percent ad valorem or the equivalent specific rate for such merchandise). (Sec. 214) Requires the International Trade Commission (ITC), whenever there is an affirmative countervailing or antidumping duty finding, to include in its final determination a finding as to whether the subject imports are likely to seriously undermine the remedial affect of the countervailing or antidumping duty order. Revises provisions regarding critical circumstances determinations in antidumping and countervailing duty proceedings to require the administering authority to base its determinations on: (1) available information; and (2) in antidumping duty cases, whether there is a history of dumping and material injury by reason of dumped imports in the United States and elsewhere of the subject merchandise. (Sec. 216) Requires the administering authority with respect to countervailing and antidumping duty cases to provide exporters who would have been subject to agreements to eliminate the injurious effect of, or subsidies provided on, their exports, the reasons for not accepting such agreements and an opportunity for them to submit comments. (Sec. 217) Authorizes the administering authority and the ITC to use records compiled in a previously filed and withdrawn countervailing or antidumping duty petition in any subsequent investigation initiated pursuant to any new petitions filed within three months after such withdrawal. (Sec. 218) Sets forth special rules for: (1) countervailing and antidumping duty investigations with respect to agreements to eliminate the injurious effect of, or subsidies provided on, exports that are sold in a regional industry (domestic producers within a region who are treated as a separate industry); and (2) assessment of countervailing or antidumping duties on specific exporters in affirmative regional industry determinations. (Sec. 219) Requires the administering authority, whenever an affirmative antidumping determination is made, to make a preliminary and final determination of: (1) the estimated weighted average dumping margin for each exporter individually investigated; and (2) the estimated all-others rate for all exporters not individually investigated. Requires the administering authority to order the posting of bond for the subject merchandise based on the estimates above. (Sec. 220) Sets forth provisions with respect to: (1) the periodic review of countervailing or antidumping duty orders or notice of suspension of a countervailing or antidumping duty investigation; (2) determinations of antidumping or countervailing duties; (3) revocation of countervailing or antidumping duty orders; (4) termination of suspended countervailing or antidumping duty investigations; (5) administering authority determinations of whether revocation of an order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury to an industry, or a countervailable subsidy, or of dumping; (6) revised factors to be considered in threat of injury determinations; (7) negligible imports; (8) cumulation for determining material injury and threat of material injury to an industry; (9) consideration of post-petition information in countervailing or antidumping duty investigations; (10) determination of the normal value of subject merchandise; (11) opportunity for industrial users and consumers of subject merchandise to comment; (12) publication of countervailing or antidumping duty determinations; (13) conduct of countervailing or antidumping duty investigations and the administrative review of such investigations; and (14) antidumping duty petitions by WTO member countries. Subtitle B: Subsidies Provisions - Part 1: Countervailable Subsidies - Defines the term "countervailable subsidy" as a financial contribution, any form of income or price support, or any direct or indirect payment by the government of a country or any public entity within a country's territory to a person or a funding mechanism to provide a financial contribution to a person, thereby conferring a benefit. Part 2: Repeal of Section 303 and Conforming Amendments - Repeals a provision of the Tariff Act of 1930 concerning countervailing duties. (Sec. 262) Authorizes the imposition of a countervailing duty (equal to the amount of the net countervailable subsidy) on subject imported merchandise if: (1) the administering authority determines that a foreign country provides a countervailable subsidy with respect to such merchandise; and (2) in the case of merchandise imported from a Subsidies Agreement country, the ITC determines that a U.S. industry is materially injured or is threatened with material injury, or the establishment of a U.S. industry is materially retarded by reasons of such imported merchandise. (Sec. 263) Sets forth provisions regarding: (1) de minimis countervailable subsidies; (2) determination of countervailable, all-others, and country-wide subsidy rates; and (3) the definition of "developing and least-developed countries". Part 3: Section 303 Injury Investigations - Requires the ITC, upon a request from an interested party for an injury investigation with respect to a countervailing duty order which applies to merchandise that is a product of a Subsidies Agreement country, to initiate an investigation to determine whether a U.S. industry is likely to be materially injured by such merchandise if such order is revoked. Part 4: Enforcement of United States Rights Under the Subsidies Agreement - Requires the administering authority to provide information to the public upon request, and, to the extent feasible, assistance and advice to interested parties concerning remedies and procedures under the Subsidies Agreement. Requires the administering authority to notify the USTR with respect to its determination that a class or kind of merchandise is benefiting from a subsidy prohibited under the Agreement. Sets forth provisions requiring the withdrawal of such subsidy or the imposition of countermeasures. Subtitle C: Effective Date - Sets forth effective dates. Title III: Additional Implementation of Agreements - Subtitle A: Safeguards - Amends the Trade Act of 1974 regarding: (1) confidentiality of business information furnished to the ITC with respect to petitions requesting import relief from injury caused by import competition; (2) disclosure of such information under protective order; (3) time limits with respect to ITC import injury determinations in critical circumstances cases and import relief provided by the President; (4) productivity as a factor in ITC import relief determinations; and (5) limits with respect to the duration of import relief actions. Subtitle B: Foreign Trade Barriers and Unfair Trade Practices - Requires a certain USTR report on foreign trade barriers to include a section on foreign anticompetitive practices that adversely affect the export of U.S. goods or services. (Sec. 313) Requires the USTR to take into account the history of intellectual property practices of a foreign country and the history of U.S. efforts to achieve adequate intellectual property protection in identifying priority foreign countries. (Sec. 314) Revises the definition of an unreasonable foreign act, policy, or practice to include the denial of nondiscriminatory market access opportunities for U.S. persons that rely upon intellectual property protection. Requires the USTR to include in a certain report identifying U.S. trade liberalization priorities a review of U.S. trade expansion priorities. Revises factors to be included in such report. Requires the USTR to negotiate an agreement with foreign priority countries that eliminates the unreasonable trade practice or, if elimination is not feasible, that provides compensatory benefits. Sets forth U.S. objectives with respect to the protection of intellectual property rights. Subtitle C: Unfair Practices in Import Trade - Amends the Tariff Act of 1930 to set forth provisions with respect to: (1) the conclusion of ITC unfair trade practices determinations; (2) entry under bond of merchandise suspected of being manufactured as a result of an unfair trade practice; (3) cease and desist orders with respect to such merchandise; (4) access to confidential information submitted to the ITC in its investigation; (5) stays of actions pending before the ITC; and (6) jurisdiction of counterclaims filed in unfair trade practices cases. Subtitle D: Textiles - Requires the Secretary of Commerce to publish in the Federal Register a list of products to be integrated as set out in the Agreement on Textiles and Clothing. (Sec. 333) Requires the Secretary to publish in the Federal Register a list of manufacturers or exporters located outside the United States who fraudulently imported textile or apparel merchandise into the United States in violation of U.S. customs laws. Requires the President to publish a list of countries who have transshipped textile or apparel products or have engaged in activities designed to evade U.S. quotas on such products. (Sec. 334) Requires the Secretary to prescribe rules implementing specified principles for determining the origin of textiles and apparel products. Subtitle E: Government Procurement - Amends the Trade Agreements Act of 1979 to extend from one year to 18 months following the initiation of dispute settlement procedures with respect to the Agreement on Government Procurement the period of time during which the President shall not take action to limit Government procurement for a participant if specified conditions are met. Extends the time period of dispute resolution procedures before certain sanctions are imposed on a signatory country for not complying with such procedures. (Sec. 342) Repeals the mandate for a study of the economic effects of the waiver of Buy American requirements in the procurement of products in labor surplus areas prior to certain trade renegotiations. (Sec. 343) Revises such Act with respect to reciprocal competitive procurement practices and the authority to bar the procurement of U.S. products from non-designated countries. Subtitle F: Technical Barriers to Trade - Declares that nothing under the Trade Agreements Act of 1979 regarding customs duties and technical barriers to trade may be construed to: (1) prohibit a Federal agency from engaging in standards-related activities, including activities related to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or (2) limit a Federal agency's authority to determine the level of safety it considers appropriate in such areas. Title IV: Agriculture-Related Provisions - Subtitle A: Agriculture - Part 1: Market Access - Amends the Agricultural Adjustment Act, as reenacted by the Agricultural Marketing Agreement Act of 1937, to prohibit any quantitative limitation or fee from being imposed under such Act with respect to any product of a WTO member. (Sec. 402) Repeals specified sections of the Trade Agreements Act of 1979 regarding import restrictions on cheese and chocolate crumbs. Amends the Trade Agreements Act of 1979 to eliminate provisions authorizing the President to prohibit the entry of quota cheese. (Sec. 403) Repeals the Meat Import Act of 1979. (Sec. 404) Requires the President, in implementing the tariff-rate quotas set out in Schedule XX, to take necessary action to ensure that agricultural imports do not disrupt the orderly marketing of commodities in the United States. Sets forth provisions with respect to the application of tariff-rate quotas to imported agricultural products. (Sec. 405) Requires the President to publish in the Federal Register: (1) a list of special safeguard agricultural goods; and (2) a trigger level and price for such goods. Requires a duty to be imposed on such imports of such goods. Part II: Exports - Export Enhancement Program Amendments of 1994 - Amends the Agricultural Trade Act of 1978 to require the Commodity Credit Corporation (CCC) to carry out an export enhancement program to encourage the commercial sale of U.S. agricultural commodities in world markets at competitive prices. Extends funding levels for such program through FY 2001. (Sec. 411) Amends the Food Security Act of 1985 to extend the authority of the dairy export incentive program through FY 2001. Authorizes the Secretary of Agriculture to sell dairy products for export consistent with U.S. obligations under the Uruguay Round Agreements, if their sale will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade. Expresses the sense of the Congress that: (1) the President should consult other donor nations to consider appropriate levels of food aid commitments to meet the legitimate needs of developing countries; and (2) the United States should increase its contribution of bone fide food assistance to developing countries consistent with the Agreement on Agriculture. Part III: Other Provisions - Increases the maximum tariff rate the President may impose on imported tobacco. (Sec. 422) Amends the Agricultural Adjustment Act of 1938 to require producers, purchasers, and exporters of 1994 through 1998 price supported crops of tobacco to remit to the CCC a certain nonrefundable marketing assessment. Amends the Tariff Act of 1930 to provide a drawback (refund) on any tobacco that is subject to the over-quota rate of duty established under a tariff-rate quota. (Sec. 423) Authorizes the President to proclaim a reduction or elimination of any duty with respect to cigar binder and filler tobacco, wrapper tobacco, or oriental tobacco. (Sec. 424) Requires the President to report to the Congress on the extent to which Canada is complying with the Uruguay Round Agreements with respect to dairy and poultry products and with its related obligations under the North American Free Trade Agreement (NAFTA). (Sec. 425) Secretary of Agriculture to study and report to the Congress on the effects of the Uruguay Round Agreements on the Federal milk marketing order system. (Sec. 426) Requires the CCC to use certain funds for export promotion. foreign market development, export credit financing, and promotion of the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities. Subtitle B: Sanitary and Phytosanitary Measures - Amends the Trade Agreements Act of 1979 to require the standards information center of the Department of Commerce, among other things, to make available to the public documents and information regarding: (1) general application of sanitary or phytosanitary measures by Federal and State agencies; and (2) participation of Federal and State governments and nongovernmental bodies in international and regional standardizing bodies and conformity assessment systems, and in bilateral and multilateral arrangements regarding standards-related measures. (Sec. 431) Amends Federal law to exclude Mexico from certain requirements requiring pest inspection of Mexican railroad cars that enter the United States. Amends the Federal Plant Pest Act and the Plant Quarantine Act to repeal the current requirement of permits for the importation or interstate movement of plant pests and nursery stock. Allows such importation or movement (in the mails or otherwise) only in accordance with regulations promulgated by the Secretary of Agriculture to prevent the dissemination into the United States, or interstate, of such pests, plant diseases, or insect pests. Amends the Honeybee Act to repeal the statutory prohibition but authorize the Secretary of Agriculture to prohibit the importation of honeybees and honeybee semen into or through the United States in order to prevent the spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable honeybee germ plasm, or the introduction and spread of undesirable honeybee species or subspecies and honeybee semen. Amends the Federal Noxious Weed Act of 1974 to revise the prohibition on the importation or interstate movement of noxious weeds. Amends Federal law to repeal the statutory prohibition but authorize the Secretary of Agriculture by regulation to prohibit or restrict the importation of cattle, sheep, or other ruminants, or swine that are diseased or infected with any disease, or that have been exposed to an infection, into or through the United States in order to prevent the dissemination of disease into the United States. Changes from mandatory to discretionary the Secretary of Agriculture's authority to: (1) cause the inspection of imported animals for contagious diseases or infection; and (2) establish an international animal quarantine station. Revises the Federal Meat Inspection Act with respect to a certification by the Secretary of Agriculture that foreign plants that export meat carcasses or meat products have complied with inspection requirements. (Sec. 432) Amends the Trade Agreements Act of 1979 to require the President to designate an agency to be responsible for informing the public of the sanitary and phytosanitary standard-setting activities of each international standard-setting organization. Prohibits an agency from making a determination that a foreign sanitary or phytosanitary measure is equivalent to a U.S. sanitary or phytosanitary measure unless it determines that such foreign measure provides at least the same level of sanitary or phytosanitary protection as the U.S. measure. Subtitle C: Standards - Amends the Federal Seed Act to repeal certain seed staining requirements. Requires the Secretary of Agriculture to publish, with the reasons for it, any determination that foreign seed of alfalfa or red clover is not adapted for general agricultural use in the United States. Subtitle D: General Effective Date - Sets forth the effective date of this title. Title V: Intellectual Property - Subtitle A: Copyright Provisions - Amends the Computer Software Rental Amendments Act of 1990 to repeal the termination date of a prohibition on unauthorized commercial rental or leasing of computer programs. (Sec. 512) Amends Federal copyright law to apply existing remedies for copyright infringement where a person, without the consent of a performer: (1) fixes the sound or images of a live musical performance in a copy or phonorecord or reproduces phonorecords or copies of such a performance from an unauthorized fixation; (2) communicates to the public the sounds or images of such a performance; or (3) distributes, sells, rents, or traffics (or offers to engage in such activities) any copy or phonorecord fixed without such consent. (Sec. 513) Amends the Federal criminal code to impose criminal penalties for activities described in Section 512 that are pursued for commercial advantage or private financial gain. (Sec. 514) Replaces provisions regarding copyright in certain motion pictures with those concerning copyright in restored works. Declares that copyright subsists in restored works and vests automatically on the date of restoration. Provides that any work in which copyright is restored shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States. Provides that any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof is not a restored work. Declares that a restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work. Authorizes any person owning copyright or an exclusive right in a restored work to file a notice of intent with the Copyright Office to enforce that copyright or right against reliance parties or serve such notice directly. Defines a "reliance party" as any person who: (1) engages in acts, before the source country becomes an eligible country (a country that is a World Trade Organization (WTO) member country, adheres to the Bern Convention, or is subject to a presidential proclamation of protection), which would have violated exclusive rights in copyrighted works if the restored work had been subject to copyright protection and continues to engage in such acts after the source country becomes an eligible country; (2) makes or acquires copies or phonorecords of the work before the source country becomes an eligible country; or (3) as the result of the sale or other disposition of a derivative work or significant assets of a person described in (1) or (2), is a successor, assignee, or licensee of such a person. Sets forth remedies for infringement of copyrights in restored works. Permits the President, whenever a foreign nation extends to U.S. authors restored copyright protection on substantially the same basis as provided under this Act, to extend restored protection by proclamation to any work: (1) of which one or more of the authors is a national, domiciliary, or sovereign authority of such nation; or (2) which was first published in such nation. Subtitle B: Trademark Provisions - Amends the Trademark Act of 1946 to consider nonuse of a mark for three (currently, two) consecutive years to be prima facie evidence of abandonment. (Sec. 522) Makes trademarks regarding geographic indications, when first used in connection with wines or spirits one year after the WTO Agreement's enactment date, nonregistrable if the geographic indication is a place other than the origin of the goods. Subtitle C: Patent Provisions - Amends Federal patent law to extend U.S. intellectual property protections to inventions that are made in other countries by persons who are domiciled in a North American Free Trade Agreement (NAFTA) country or WTO member country and who are serving in any other country in connection with operations by or on behalf of the United States, a NAFTA country, or a WTO member country. (Sec. 532) Revises Federal patent law to establish a 20-year patent term from the date of filing. Provides that, if the issuance of an original patent is delayed because of a proceeding regarding situations where a patent application would interfere with a pending application or with an unexpired patent, the term of the patent shall be extended for the period of delay up to five years. Provides the same extension for delays due to appellate review by the Board of Patent Appeals or a Federal court. Requires the term of a patent that is in force or results from an application filed within six months after this Act's enactment date to be the greater of the 20-year term or 17 years from grant, subject to any terminal disclaimers. Sets forth provisions with respect to the filing of a provisional application for a patent. Specifies that a provisional application shall not be entitled to the right of priority of any other application or the benefit of an earlier filing date in the United States. Directs the Commissioner of the Patent and Trademark Office to charge a $150 filing fee on each provisional application for an original patent. (Sec. 533) Deems offering to sell or import a patented invention into the United States to be patent infringement. Title VI: Related Provisions - Subtitle A: Expiring Provisions - Amends the Trade Act of 1974 to extend, through July 31, 1995, duty-free treatment of the products of beneficiary developing countries under the Generalized System of Preferences. (Sec. 601) Requires certain articles that enter the United States after September 30, 1994, and before the enactment of this Act, to be liquidated or reliquidated as free of duty and a refund to be paid with respect to such entries. (Sec. 602) Amends the Harmonized Tariff Schedule of the United States to extend, through January 1, 2007, the requirement that the Secretaries of Commerce and of the Interior: (1) verify the wages paid by each producer to permanent residents of the U.S. insular possessions during the preceding year; and (2) issue to each producer a production incentive certificate for the applicable amount. Extends the authority of the production incentive certificate, number PIC-EV-89. Subtitle B: Certain Customs Provisions - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise provisions concerning the reimbursement of certain customs user fees. (Sec. 612) Increases the customs user fees for certain imported merchandise. Subtitle C: Conforming Amendments - Amends Federal trade laws to make conforming amendments. Title VII: Revenue Provisions - Subtitle A: Withholding Tax Provisions - Amends the Internal Revenue Code (IRC) to require tax withholding on payments made to a member of an Indian tribe from profits from gaming activity. (Sec. 702) Provides for voluntary withholding on specified Federal payments and on unemployment compensation. Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes - Requires amounts included in gross income for foreign shareholders and controlled foreign corporations to be taken into account in computing annualized income installments. (Sec. 712) Specifies time requirements for the deposit of certain excise taxes. (Sec. 713) Reduces the rate of interest to be paid on certain corporate overpayments. Subtitle C: Earned Income Tax Credit - Makes military personnel stationed outside the United States eligible for the earned income credit. (Sec. 722) Makes certain nonresident aliens ineligible for such tax credit. (Sec. 723) Disregards the income of inmates at penal institutions in determining such tax credit. Subtitle D: Provisions Relating to Retirement Benefits - Extends the authority to transfer excess pension assets to retiree health benefit accounts. (Sec. 733) Increases the percentage of social security benefits paid to nonresidents that must be included in gross income. Subtitle E: Other Provisions - Provides for partnership distributions of marketable securities. (Sec. 742) Requires taxpayer identification numbers at birth. (Sec. 743) Extends the authority of the Internal Revenue Service to impose certain user fees. (Sec. 744) Removes the reduction of the understatement penalty for corporations for items attributable to tax shelters. Subtitle F: Pension Plan Funding and Premiums - Retirement Protection Act of 1994 - Amends requirements for pension plan funding, including: (1) minimum funding, revising additional funding requirements for single-employer plans; (2) limitation on changes in current liability assumptions; (3) anticipation of bargained benefit increases; (4) modification of the quarterly contribution requirement; and (5) exceptions to the excise tax on nondeductible contributions. (Sec. 761) Makes similar amendments to the Employee Retirement Income Security Act of 1974 (ERISA) for pension plan funding. (Sec. 766) Prohibits benefit increases or other changes which increase plan liabilities where a plan sponsor is in bankruptcy. (Sec. 767) Amends IRC and ERISA with respect to: (1) single sum distributions; and (2) adjustments to the lien for missed minimum funding contributions. (Sec. 771) Amends title IV (Plan Termination Insurance) of ERISA to revise requirements relating to reportable events. (Sec. 772) Requires that specified additional information be furnished to the Pension Benefit Guaranty Corporation (PBGC). (Sec. 773) Revises provisions for enforcement of minimum funding requirements. (Sec. 774) Phases out the variable rate premium cap. (Sec. 775) Requires the plan administrator of a plan subject to a specified additional premium to notify plan participants and beneficiaries of the plan's funding status and the limits on the PBGC's guaranty should the plan terminate while underfunded. (Sec. 776) Adds provisions relating to missing participants. (Sec. 777) Revises provisions relating to modification of the maximum guarantee for disability benefits. (Sec. 781) Sets forth effective dates for this Act. Title VIII: Pioneer Preferences - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from awarding licenses pursuant to preferential treatment accorded by the FCC to persons who make significant contributions to the development of a new telecommunications service or technology, except in accordance with this title. (Sec. 801) Requires the FCC to recover for the public a portion of the value of the public spectrum resource made available to such persons by requiring them, as a condition for receipt of licenses, to agree to pay a specified sum. Provides for such payments to be made in a lump sum or in guaranteed installment payments, with or without royalty payments, over a period of up to five years. Directs the FCC to prescribe regulations specifying the procedures and criteria by which it will evaluate applications for such preferential treatment in licensing. Requires such regulations to: (1) specify the procedures and criteria by which the significance of such contributions will be determined; (2) include procedures to prevent unjust enrichment by ensuring that the value of the contribution justifies any reduction in amounts paid for licenses; and (3) be inapplicable to applications that have been accepted for filing before September 1, 1994. Sets forth requirements with respect to treatment of broadband licenses awarded pursuant to preferential treatment accorded in the Third Report and Order in General Docket 90-314, including that the FCC: (1) not reconsider the award of such specified preferences and not delay the granting of licenses based on such awards; (2) not alter the bandwidth or service areas designated for such licenses in such Report and Order; (3) use the broadband licenses in the personal communications services for blocks A and B for the 20 largest markets (ranked by population) in which no applicant has obtained preferential treatment; (4) permit installment payments over a period of five years subject to specified conditions; and (5) recover an amount equal to $400 million for such licenses. Terminates the FCC's authority to provide preferential treatment as described by this title on September 30, 1998. Applies this title to any licenses issued on or after August 1, 1994, pursuant to preferential treatment procedures.
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