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Law· SS. 735 (104th)enacted
United States · United States Congress · 27 April 1995
TABLE OF CONTENTS: Title I: Substantive Criminal Law Enhancements Title II: Combating International Terrorism Title III: Alien Removal Title IV: Control of Fundraising for Terrorism Activities Title V: Assistance to Federal Law Enforcement Agencies Subtitle A: Antiterrorism Assistance Subtitle B: Intelligence Subtitle C: Additional Funding for Law Enforcement Title VI: Terrorist Interdiction Title VII: Criminal Procedural Improvements Subtitle A: Habeas Corpus Reform Subtitle B: Criminal Procedural Improvements Title VIII: Marking of Plastic Explosives Title IX: Miscellaneous Provisions Comprehensive Terrorism Prevention Act of 1995 - Title I: Substantive Criminal Law Enhancements - Amends the Federal criminal code to increase penalties for: (1) conspiracies involving explosives; (2) specified offenses, including the murder of foreign officials, official guests, or internationally protected persons; and (3) the use of explosives or arson. (Sec. 102) Establishes penalties for acts of terrorism transcending national boundaries. Sets forth provisions regarding limits on prosecution, investigative responsibility, evidence, extraterritorial jurisdiction, the statute of limitations, detention, and wiretap authority. (Sec. 103) Sets penalties for: (1) conspiring to kill, kidnap, or maim people in (currently limited to injuring property of) a foreign government; and (2) possessing stolen explosives. Title II: Combating International Terrorism - Amends: (1) the Foreign Assistance Act of 1961 to prohibit assistance to countries that aid, including providing military equipment to, terrorist states; and (2) the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. executive director of each international financial institution to oppose assistance by such institutions to terrorist states. (Sec. 205) Revises provisions regarding antiterrorism assistance to permit arms and ammunition to be provided under such provisions only if they are directly related to antiterrorism assistance. Limits the value of equipment and commodities provided. Repeals a prohibition on using such funds for personnel compensation or benefits. Sets a $1 million limit on assistance provided to a foreign country for counterterrorism efforts in any fiscal year, subject to specified conditions. (Sec. 206) Amends the Federal judicial code to provide that a foreign country designated as a state sponsor of terrorism (state sponsor) shall not be immune from the jurisdiction of the U.S. courts. (Sec. 207) Directs the Secretary of State to provide annual reports to the Speaker of the House of Representatives and the Chairman of the Senate Committee on Foreign Relations that include: (1) a list of all products and technologies that could be used to promote or engage in terrorist acts (critical technology) (and prohibits any product or technology manufactured or developed in the United States or by a subsidiary of a U.S. body that is determined to be critical technology from being sold by the U.S. Government or private U.S. commercial interests to a state sponsor to any entity or organization operating within such state); and (2) detailed assessments of any country that provided support for international terrorism, individual country efforts to take effective action against state sponsors, and U.S. Government efforts to implement provisions of the Export Administration Act of 1979 regarding terrorism. Title III: Alien Removal - Amends the Immigration and Nationality Act (INA) to establish procedures for the removal of alien terrorists. Authorizes the Attorney General to take into custody and retain in custody any alien with respect to whom the Attorney General certifies, under seal to a special court (created by this title), that: (1) the Attorney General or Deputy Attorney General has approved of the proceeding under this title; (2) an alien terrorist is physically present in the United States; and (3) removal of such alien terrorist by normal deportation proceedings would pose a risk to U.S. national security by disclosing classified information. Requires the Chief Justice of the United States to publicly designate not more than five judges from up to five U.S. judicial districts to hear and decide cases arising under this title. Sets forth provisions regarding: (1) custody and release pending a hearing; (2) special court procedures; (3) the special removal hearing, including the introduction in camera and ex parte of evidence; (4) deportation determinations; (5) appeals; and (6) extradition of aliens who have committed crimes of violence abroad. (Sec. 303) Revises INA provisions regarding terrorist activities, including the definitions of "terrorism activity," "terrorist organization," and "terrorism." Limits alien access to Government information. (Sec. 304) Authorizes Attorney General access to certain confidential immigration and naturalization files through court order for specified identification and criminal law enforcement purposes. Title IV: Control of Fundraising for Terrorism Activities - Amends the Federal criminal code to authorize the President to regulate or prohibit, within the United States or by any person subject to the jurisdiction of the States anywhere: (1) fundraising or the provision of funds for use by or for the benefit of any foreign organization, including persons assisting such organization in fundraising, that the President has designated as being engaged in terrorism activities; or (2) financial transactions with any such foreign organization. Authorizes the President to designate any foreign organization based on a finding that: (1) the organization engages in terrorism activity; and (2) the organization's terrorism activities threaten the national security, foreign policy, or economy of the United States. Directs the President to prepare and transmit to the Congress a report containing a list of the organizations that the President has determined engage in, or provide support for, terrorism activity. Sets forth provisions regarding revocation of such designation, supplemental reports, and judicial review. Prohibits any person within, or subject to the jurisdiction of, the United States from: (1) raising, receiving, or collecting on behalf of, or providing funds to or for, an organization or person so designated by the President, or attempting to do so; and (2) acting for or on behalf of any such organization or person to transmit, transfer, or receive any funds raised in violation of such provision or to transmit, transfer, or dispose of any funds in which such an organization or person has an interest. Sets forth provisions regarding: (1) authorized transactions (including regulations setting forth procedures to be followed by persons seeking to raise or provide funds for designated organizations and licensing requirements); (2) special requirements for financial institutions; (3) investigations; (4) recordkeeping and reporting and civil actions by the Attorney General; (5) penalties and injunctions; (6) extraterritorial jurisdiction; (7) discovery and introduction of classified information; and (8) penalties for providing material support to terrorists. Title V: Assistance to Federal Law Enforcement Agencies - Subtitle A: Antiterrorism Assistance - Requires the Director of the Federal Bureau of Investigation (FBI) to study all applicable guidelines and laws regulating domestic surveillance and report to the Congress its findings and suggestions for enhancing domestic surveillance in support of investigations. (Sec. 502) Amends the Fair Credit Reporting Act to require a consumer reporting agency (CRA) to furnish to the FBI the names and addresses of all financial institutions at which a consumer maintains or has maintained an account when presented with a written request for that information signed by the Director which certifies compliance with this section. Authorizes such certification only if the Director has determined in writing that such information is necessary for the conduct of an authorized foreign counterintelligence investigation and specified other conditions are met. Sets forth provisions regarding: (1) the furnishing of identifying information by a CRA; (2) court orders for disclosure of consumer reports; (3) confidentiality; (4) payment of fees; (5) limits on dissemination; (6) damages and disciplinary actions for violations, with a good-faith exception; and (7) limitation of remedies and injunctive relief. (Sec. 503) Authorizes administrative subpoenas to be served upon a common carrier or innkeeper determined to have records or other tangible objects that may be relevant to a foreign counterintelligence activity. (Sec. 504) Amends the State Department Basic Authorities Act of 1956 and the Federal criminal code to increase the maximum rewards for information concerning international terrorism. (Sec. 505) Requires the Director to report to the Congress on the effectiveness of Federal provisions regarding providing material support to terrorists. Subtitle B: Intelligence - Directs the Attorney General and the Director to: (1) study all applicable laws and guidelines relating to electronic surveillance and the use of pen registers and other trap and trace devices; and (2) report to the Congress its findings and recommendations for the use of electronic surveillance of terrorist or other criminal organizations and for any legal modifications. (Sec. 512) Amends the Federal criminal code to authorize: (1) wiretapping for terrorism and related offenses; (2) the participation of foreign and State government personnel in interceptions of communications; (3) the disclosure of intercepted communications to foreign law enforcement agencies; and (4) interceptions of communications for specified terrorism-related offenses. Subtitle C: Additional Funding for Law Enforcement - Authorizes appropriations for FY 1996 through 2000 for FBI activities to combat terrorism. Directs the Attorney General, with such funds, to: (1) develop digital telephony technology; (2) support and enhance the technical support center and tactical operations; (3) expand legal attaches; (4) enhance Federal wireless communications and antenna site lease shortfall; (5) expand and improve the instructional, operational support, and construction of the FBI academy; (6) expand and improve investigative and managerial training courses for State, Indian tribal, and local law enforcement agencies; (7) construct an FBI laboratory and provide laboratory examination support; and (8) create a special FBI counterterrorism and counterintelligence fund for costs associated with terrorism cases. (Sec. 522) Authorizes additional appropriations for the U.S. Customs Service and the Immigration and Naturalization Service. (Sec. 524) Authorizes appropriations to the Drug Enforcement Administration for FY 1996 through 2000. Directs the Attorney General, with such funds, to: (1) fund permanent change of station transfers for special agent personnel; (2) establish and maintain an adequate motor vehicle base; and (3) purchase aircraft and replacement parts. (Sec. 525) Directs the Attorney General to hire additional Assistant U.S. Attorneys. Authorizes additional appropriations for the Department of Justice. (Sec. 526) Permits funding for authorizations provided in this subtitle to be paid for out of the Crime Control Trust Fund. Title VI: Terrorist Interdiction - Directs the Secretary of State to implement an upgrade of all overseas visa lookout operations to computerized systems with automated multiple-name search capabilities. Declares that the Department of State shall be considered a law enforcement agency for purposes of access to the National Crime Information Center and other FBI criminal records with respect to functions involving the processing of visas and passports and for other immigration-related purposes. Amends the INA to make membership in a terrorist organization a basis for exclusion from the United States. Sets forth provisions regarding the use of the Automated Visa Lookout System and the convening of an Accountability Review Board with respect to the processing of visas for admission into the United States. Title VII: Criminal Procedural Improvements - Subtitle A: Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 702) Specifies that: (1) there shall be no right of appeal from a final order in a habeas corpus proceeding; and (2) unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State or Federal court. Permits such certificate to issue only if the applicant has made a substantial showing of the denial of a Federal constitutional right. Requires the certificate to indicate which specific issue or issues satisfy the showing. Provides that if the applicant has failed to develop the factual basis of a claim in State court proceedings, the Federal court shall not hold an evidentiary hearing on the claim unless: (1) the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable or on a factual predicate that could not have been previously discovered through the exercise of due diligence; and (2) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. Requires that a second or successive motion be certified by a panel of the appropriate Federal Court of Appeals to contain: (1) newly discovered evidence sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or (2) a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable. (Sec. 706) Sets further limitations on second or successive petitions. (Sec. 707) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of a petition for a writ of habeas corpus brought in a capital case within 180 days after the date on which the application is filed; and (2) a court of appeals to hear and render a final determination of any appeal of an order granting or denying such application within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition for rehearing en banc within 30 days after the date on which the petition for rehearing is filed. Sets forth provisions regarding failure to render a timely determination. Requires the Administrative Office of U.S. Courts to submit to the Congress an annual report on the compliance by the courts of appeals with the time limitations under this section. Subtitle B: Criminal Procedural Improvements - Grants U.S. courts jurisdiction over an offense of: (1) aircraft piracy if a U.S. national was aboard the aircraft, an offender is a U.S. national, or an offender is afterwards found in the United States; and (2) destruction of aircraft or aircraft facilities if a U.S. national was or would have been on board the aircraft, an offender is a U.S. national, or an offender is afterwards found in the United States. (Sec. 722) Declares that all the territorial sea of the United States is part of the United States, is subject to its sovereignty, and for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Provides that whoever commits on, above, or below any portion of the U.S. territorial sea specified crimes which would be punishable if committed within the jurisdiction of the State, territory, possession or district in which it is situated, shall be guilty of a like offense and subject to a like punishment. (Sec. 723) Makes exceptions to foreign sovereign immunity in certain cases involving acts of international terrorism, torture, extrajudicial killing, aircraft sabotage, hostage taking, and genocide in a foreign state. (Sec. 724) Adds: (1) foreign murder as a money laundering predicate offense; (2) terrorist offenses to the Racketeer Influenced and Corrupt Organizations (RICO) statute; (3) terrorism offenses to the money laundering statute; and (4) conspiracy to terrorism offenses. (Sec. 725) Expands the weapons of mass destruction statute to set penalties with respect to any U.S. national who, outside of the United States, uses, threatens, attempts, or conspires to use, a weapon of mass destruction. Includes within the definition of "weapon of mass destruction" any poisonous chemical agent or substance, regardless of form or delivery system, designed for or capable of causing widespread death or injury. (Sec. 731) Provides for pretrial detention for possession of firearms or explosives by convicted felons. Title VIII: Marking of Plastic Explosives - Prohibits: (1) the manufacture, importation, exportation, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent, with exceptions; and (2) any person (other than a U.S. agency or the National Guard of any State) possessing any plastic explosive on the effective date of this Act from failing to report to the Secretary of the Treasury the quantity of such explosives possessed, the manufacturer or importer, any identification marks, and such other information as the Secretary may prescribe. Sets forth: (1) penalties for violation of this title; and (2) affirmative defenses. Directs the Attorney General to exercise authority over violations of this title only when committed by a member of a terrorist or revolutionary group (and, in such case, the Attorney General shall have primary investigative responsibility). (Sec. 802) Requires the Secretary of the Treasury to direct the Director of the Bureau of Alcohol, Tobacco, and Firearms to study and report to the Congress on the tagging of explosive materials for purposes of identification and detection, the possibility and practicality of rendering inert common chemicals used in manufacturing explosives, and the feasibility of imposing controls on certain precursor chemicals used to manufacture explosives. Title IX: Miscellaneous Provisions - Provides for severability of provisions of this Act.
Bill· SS. 733 (104th)referred
United States · United States Congress · 27 April 1995
Intercity Rail Infrastructure Investment Act - Amends Federal highway system law to designate certain National Railroad Passenger Corporation (AMTRAK) intercity passenger rail service corridors to be part of the National Highway System. Grants congressional consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service (including high speed rail service) to enter into interstate compacts to promote such service. Makes construction of and operational improvements for intercity passenger rail facilities, operation of intercity passenger rail trains, and acquisition of rolling stock for intercity passenger rail service eligible projects for funding under the National Highway System. Authorizes States to obligate congestion mitigation and air quality improvement program funds for such projects. Revises the term "mass transportation" to cover intercity passenger rail transportation. Makes such transportation projects eligible for Federal mass transportation funding. Requires grants for intercity passenger rail service to be used to preserve the maximum choice of passenger modes in non-urbanized areas.
Bill· SS. 729 (104th)referred
United States · United States Congress · 27 April 1995
Trust Fund Restoration Act of 1995 - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being: (1) included in the totals of either the President's budget or in the congressional budget; (2) considered as any category of discretionary appropriations as defined under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) or subject to discretionary spending limits under such Act; (3) subject to sequestration under such Act; and (4) exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays). Makes any such disbursements subject to appropriations. Directs, with respect to the Airport and Airway Trust Fund, that estimates of unfunded aviation authorizations and net aviation receipts be made annually and that adjustments be made if unfunded authorizations exceed receipts. Sets forth similar provisions for both the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund.
Bill· SS. 728 (104th)referred
United States · United States Congress · 27 April 1995
TABLE OF CONTENTS: Division B (sic): Military Construction Authorizations Title XXI: Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Infrastructure Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Base Closure and Realignment and Environment Subtitle C: Land Conveyance Subtitle D: Other Matters Division B (sic): Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1996 - Title XXI: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1995 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense (Secretary) to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to enter into agreements to construct, acquire, and improve family housing units at or near military installations for the purpose of encouraging private investments, in a specified amount. Authorizes the Secretary to improve existing military family housing units and to carry out certain energy conservation projects. Authorizes appropriations to the Department of Defense (DOD) for fiscal years after 1995 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program and authorizes appropriations for fiscal years after 1995 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1995 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in the preceding titles of this Act on October 1, 1998, or the date of enactment of an Act authorizing funds for military construction for FY 1999, whichever is later, with exceptions. Extends certain FY 1992 and 1993 military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Authorizes the Secretary of the military department concerned to sell military family housing which has deteriorated beyond economical repair, along with the land on which such housing is located. Requires notification to the appropriate congressional committees and a waiting period of 21 days after such notice. Requires sale proceeds to be deposited into military family housing accounts and used for their purposes. (Sec. 2802) Increases from 300 to 450 the number of units of family housing authorized to be leased in foreign countries for U.S. military family housing purposes. (Sec. 2803) Extends permanently the authority of the Secretary to increase the maximum square footage of military family housing units acquired for military personnel of certain pay grades when determined to be cost effective. (Sec. 2804) Authorizes the Secretary of any military department (currently, only the Navy) to enter into limited partnerships with private developers for the construction of military family housing at or near a military installation. Renames the Navy Housing Investment Account (used for partnership purposes) as the Defense Housing Investment Account. Terminates the Navy Housing Investment Board created to oversee such partnerships. Extends through FY 2000 the authority to enter into such partnerships. (Sec. 2805) Provides that certain cost increase limits with respect to military family housing construction projects do not apply to the settlement of a contractor claim. Subtitle B: Base Closure and Realignment and Environment - Amends the Defense Base Closure and Realignment Act of 1990 to allow funds in the Defense Environmental Restoration Account to be used in FY 1996 for environmental restoration activities for military installations approved for closure or realignment in 1995 under such Act. (Sec. 2808) Amends the Defense Authorization Amendments and Base Closure and Realignment Act as well as the above Act to authorize the Secretary to enter into agreements (currently, only contracts) with local governments for the provision of certain services (police, fire, airfield operations) at military installations to be closed under such Acts when determined to be in the best interests of DOD. (Sec. 2809) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA) to: (1) provide that certain environmental cleanup responsibilities of the United States with respect to Federal facilities transferred under such Act shall not apply to leases; and (2) authorize the Administrator of the Environmental Protection Agency or the governor of the affected State to defer such responsibilities upon determination that the property is suitable for transfer or upon assurance that releases caused by the United States will be otherwise addressed. Subtitle C: Land Conveyance - Authorizes the Secretary of the Army to convey to: (1) Burlington County, New Jersey, all rights and interest to the Fort Dix Resource Recovery Facility; (2) Augusta, Georgia, all rights and interest to several parcels of land containing water and wastewater treatment plants at Fort Gordon, Georgia; and (3) the Southern California Edison Company all rights and interest to the electrical distribution system at Fort Irwin, California. Subtitle D: Other Matters - Authorizes the Secretary concerned to sell to a public or private utility company electricity generated from energy production facilities (currently, only from alternate energy or cogeneration production facilities) that are under the jurisdiction of such Secretary. (Sec. 2815) Requires water conservation savings and water costs of DOD to be included within a required DOD energy performance goal for FY 1991 through 2000. (Sec. 2816) Authorizes the Secretary of the Air Force to convey all rights and interest to the primate research laboratory at Holloman Air Force Base, as well as ownership of certain chimpanzees used in connection with such research, to the Coulston Foundation or another nonprofit entity determined appropriate by the Secretary. Requires the grantee to utilize the laboratory for scientific or medical research and provide adequate care for the chimpanzees. (Sec. 2817) Requires the Secretary to submit annual reports to specified congressional committees with respect to the acquisition of leasehold interests in land for use in special operations activities. (Sec. 2818) Authorizes the Secretary to carry out school facilities activities, including the construction of elementary and secondary schools on military installations, under provisions of Federal law allowing the provision of education by the Federal Government when local educational agencies are unable to provide adequate educational facilities.
Bill· SS. 718 (104th)referred
United States · United States Congress · 7 April 1995
Environmental Finance Act of 1995 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish: (1) an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at the Federal, State, and local levels; and (2) Environmental Finance Centers in institutions of higher education in each of the regions of the EPA. Authorizes the Centers to: (1) provide training of State and local officials; (2) publish materials relating to financing of environmental infrastructure; (3) conduct conferences and advisory panels on specific environmental finance issues; (4) establish information services; (5) generate case studies and reports; (6) develop surveys of financial issues and needs of State and local governments; (7) identify financial programs and alternative financing mechanisms for training purposes; (8) hold public meetings; and (9) collaborate and exchange information. Permits the Administrator to make grants to institutions of higher education to carry out the Center program. Authorizes appropriations.
Bill· HRH.R. 1522 (104th)referred
United States · United States Congress · 7 April 1995
Lead Battery Recycling Incentives Act - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to promulgate regulations for persons who generate, transport, store, recycle, or dispose of spent lead-acid batteries. Sets forth required elements of such regulations, including specific requirements for battery storage and transfers and recordkeeping and management practices. Directs battery retailers to accept from customers spent lead-acid batteries of the same type and quantity as the batteries sold. Requires the Administrator to implement education activities to inform the public about the environmental and safety hazards associated with improper handling and disposal of spent lead-acid batteries. Authorizes appropriations. Applies such requirements to batteries which are transported to or managed by a lead-acid battery recycling facility, a secondary lead smelter, or any facility that prepares batteries for recycling. Requires producers or importers of lead-acid batteries to recycle, for the ten-year period beginning 24 months after this Act's enactment, an amount of spent lead equal to at least the amount determined by multiplying the amount of lead in the batteries produced or imported by such persons by the recycling percentage established by the Administrator. Authorizes compliance with such requirement by: (1) reclaiming lead and using it in the production of new batteries; (2) purchasing reclaimed lead from secondary lead smelters to produce new batteries or shielding; or (3) purchasing recycling credits. Sets the recycling percentage at 80 percent. Increases such percentage by two points annually. Authorizes the Administrator to reduce or waive the two percent increase if the rate exceeds 95 percent. Directs the Administrator to allow: (1) producers of lead-acid batteries to create credits for recycling an amount of batteries greater than required; and (2) producers of new batteries to purchase such credits for purposes of complying with this Act. Applies battery recycling requirements to persons who produce or import more than 10,000 pounds of new lead-acid batteries annually. Sets the recycling percentage at 90 percent if the Administrator fails to promulgate recycling regulations.
Bill· SS. 693 (104th)referred
United States · United States Congress · 6 April 1995
Amtrak Restructuring Act of 1995 - Amends Federal transportation law to set forth as a congressional finding that the National Railroad Passenger Corporation (Amtrak) should be available to operate commuter rail passenger transportation under contract with commuter authorities to the extent it is fully reimbursed for costs incurred in operating such services, including a reasonable return on its investment of time and resources. Establishes as an Amtrak goal management of its capital investment to provide its customers with world class service. (Sec. 5) Authorizes appropriations for Amtrak for: (1) operating expenses; (2) capital investment; (3) construction expenses to convert the James A. Farley Post Office, New York City, into a train station and commercial center and for the redevelopment of the Pennsylvania Station, New York City; (4) transition costs associated with long-term restructuring of Amtrak; (5) capital expenditures for the Northeast Corridor improvement project; and (6) certain mandatory payments. (Sec. 6) Declares that certain limits on the contracting out of work by Amtrak shall not bar it and the union representing its employees from negotiating a collective bargaining agreement that permits greater flexibility in such contracting. (Sec. 7) Requires a certain annual report to the Congress concerning Amtrak routes that provide intercity rail passenger transportation to include, among other things, information on the long-term profit or loss. Requires Amtrak to include in its annual report on operations to the President and to the Congress: (1) projections of anticipated and realized benefits of proposed and previously funded projects; (2) identification of improvements in the quality of Amtrak service; (3) facility improvements that demonstrate a productivity gain; (4) equipment improvements that lower operating costs; (5) environmental benefits (including air quality and land use benefits); (6) enhancements to local transportation needs, including mobility of physically and economically disadvantaged persons; (7) improvement of revenue-to-cost ratio; (8) any reduced dependence on Federal operating support; and (9) reductions in the need for alternative transportation investments. (Sec. 8) Revises the composition of the Amtrak board of directors to include two individuals selected by the President from a list of five names submitted by commuter authorities providing service over Amtrak rail properties (currently, one individual nominated by each commuter authority). Authorizes Amtrak to cooperate, upon request, with applicants proposing technology demonstrations financed under U.S. law. Repeals a provision regarding assistance for upgrading of railroad facilities. (Sec. 9) Eliminates the Amtrak Commuter Service Corporation. (Sec. 10) Changes from mandatory to discretionary Amtrak authority to provide cost-effective intercity rail passenger service. Requires Amtrak's decisions regarding the initiation, retention, modification, or elimination of intercity rail passenger service to be made on the basis of available financial resources. Requires any Amtrak agreement with State or local governments or private entity to support such service to be made with the understanding that Federal funding will decrease through time. Sets forth certain financial requirements for the discontinuance of Amtrak rail routes or service. (Sec. 11) Repeals provisions regarding: (1) certain requirements directing Amtrak to provide notice of discontinuance of rail service to State or local authorities or other persons; (2) discontinuance of such service based on lack of appropriations; and (3) exemption of Amtrak Commuter from discontinuance requirements. Authorizes Amtrak and unions representing Amtrak employees to negotiate new employee protective arrangements that differ from the requirements of other portions of this section and the terms of the Appendix C-2 to Basic Agreement between Amtrak and the freight railroads. Declares that any of the provisions of this section and the terms of Appendix C-2 that are inconsistent with a new protective arrangement shall cease to apply to the bargaining unit covered by such new arrangement. (Sec. 12) Repeals specified provisions regarding rail route discontinuance. (Sec. 13) Directs Amtrak to construct an electrification system between Boston, Massachusetts, and New Haven, Connecticut, to accommodate the installation of a third mainline track between Davisville and Central Falls, Rhode Island, to be used for double-stack freight service to and from the Port of Davisville. Requires Amtrak to report to the Congress on its electrification design between Davisville and Central Falls, Rhode Island. (Sec. 14) Prohibits cross-subsidization between intercity rail passenger and commuter rail passenger transportation that crosses over certain rights-of-way. Repeals a specified section of the Northeast Rail Service Act of 1981 relating to compensation to Amtrak for right-of-way costs related to the operation of commuter rail passenger service over the Northeast Corridor. (Sec. 15) Directs Amtrak to make any capital improvements for the Northeast Corridor improvement project program necessary for reliable, high-speed rail passenger service and enhancement of capacity for intercity and commuter passenger service. Authorizes appropriations to the Secretary of Transportation to make grants to the State of Rhode Island for the construction of a third track with sufficient clearance to accommodate double stack freight cars on the Northeast Corridor between Davisville and Central Falls, Rhode Island.
Bill· SS. 685 (104th)referred
United States · United States Congress · 6 April 1995
Authorizes the Secretary of Transportation to convey all right (except specified easements and related rights), title, and interest, without consideration, in certain lighthouses located in the State of Maine to the Island Institute, Rockland, Maine. Requires the Institute to subsequently convey all but two of the lighthouses, without consideration, to specified eligible Federal, State and local governments, as well as nonprofit corporations, educational agencies, and community development organizations. Establishes the Maine Lighthouse Selection Committee, which shall either approve or disapprove an entity for the conveyance of a lighthouse from the Institute. Authorizes the Secretary to transfer specified lighthouses to the United States Fish and Wildlife Service.
Bill· SS. 703 (104th)referred
United States · United States Congress · 6 April 1995
Department of Transportation Reorganization Act of 1995 - Amends Federal transportation law to increase the number of Department of Transportation (DOT) Assistant Secretaries to five. (Sec. 4) Repeals a provision granting the Secretary of Transportation supervisory authority over the Saint Lawrence Seaway Corporation. Establishes the Intermodal Transportation Administration (ITA) as an administration within the DOT, headed by an Administrator appointed by the President, by and with the advice and consent of the Senate. Establishes within the Administration an Office of Intermodalism which shall: (1) develop and disseminate intermodal transportation data through the Bureau of Transportation Statistics; (2) coordinate the collection of intermodal transportation data for a data base with States and metropolitan planning organizations; and (3) coordinate Federal research on intermodal transportation in accordance with a specified plan developed under the Intermodal Surface Transportation Efficiency Act of 1991. Authorizes the Secretary to delegate his or her authority over the Saint Lawrence Seaway Corporation to the ITA Administrator. Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal provisions under such Act relating to the establishment of the Office of Intermodalism within the Office of the Secretary. Amends the Ports and Waterways Safety Act to make the Secretary (instead of the Secretary in the department in which the Coast Guard is operating) solely responsible for the prevention of damage to, or destruction of, bridges over U.S. navigable waters. (Sec. 5) Amends Federal transportation law to direct the Administrator of the Federal Aviation Administration (FAA) to carry out duties related to commercial space transportation. (Sec. 6) Repeals specified provisions relating to: (1) the Federal Railroad Administration; (2) the Federal Highway Administration; (3) the National Highway Traffic Safety Administration; (4) the Federal Transit Administration; (5) the Maritime Administration; and (6) the Research and Special Programs Administration. (Sec. 7) Authorizes the Secretary, in carrying out DOT functions, to make, enter into, and perform contracts, grants, leases, cooperative agreements, cooperative research and development agreements, and other similar transactions with Federal, State, and local agencies, nonprofit organizations, and private organizations and persons. Authorizes the Secretary to accept reimbursement from non-Federal sources for costs related to the participation of non-Federal individuals incurred by the DOT for international trips related to promoting international trade in U.S. goods and services. (Sec. 8) Repeals the mandates for specified reports, and revises the due dates for certain other reports.
Bill· HRH.R. 1436 (104th)open
United States · United States Congress · 6 April 1995
Interstate Commerce Commission Sunset Act of 1995 - Amends the Interstate Commerce Act to terminate, as of September 30, 1996, the Interstate Commerce Commission (ICC) as an independent executive agency of the U.S. Government. (Sec. 5) Transfers to the Secretary of Transportation (Secretary) the functions, powers, and duties of the ICC relating to the regulation of rail transportation and to certain other surface transportation regulation. Authorizes the Secretary to establish a fee system for use of the lien recordation system with respect to instruments evidencing the mortgage, lease, conditional sale, or bailment of railroad cars, locomotives, or other rolling stock or vessels, intended for a use related to interstate commerce. Prohibits any State or political subdivision or any interstate or other political agency of two or more States from enacting or enforcing any law, rule, or standard relating to interstate or intrastate market entry, exit, rates, or services of a rail carrier. Makes a motor carrier liable for treble damages sustained by a person as a result of any violation of regulations under the Act governing the lease of motor vehicles to transport property. Increases civil penalties for carriers that violate certain inspection and recordkeeping requirements under the Act. Makes a motor carrier, motor private carrier, broker, lessor, or association of such entities liable to the U.S. Government for a civil penalty of $500 for each violation of certain provisions under the Act requiring them to annually report on their affairs. (Sec. 6) Revises requirements for determining the loss and damage liability of motor or rail carriers and freight forwarders. Authorizes the President, whenever it is determined that an act, policy, or practice of a foreign country contiguous to the United States, or any political subdivision or instrumentality of such country, is unreasonable or discriminatory and burdens or restricts U.S. transportation companies providing, or seeking to provide, motor carrier transportation of property or passengers to, from, or within such foreign country, to: (1) seek elimination of such practices through consultations; or (2) suspend, modify, amend, condition, or restrict operations in the United States by motor carriers of property or passengers domiciled in such foreign country. Transfers from the ICC to the Secretary of Labor responsibility for requiring rail carriers involved in a purchase, lease, or transfer of a rail line, the acquisition of trackage or operating rights, or joint ownership or joint use of a rail line, to provide for an employee protective arrangement to protect the interests of its employees who are affected by such transactions. Requires the Secretary to determine whether or not the person acquiring the property or rights involved in the transaction is a rail carrier. (Sec. 7) Requires the Secretary to approve State plans under which the State agrees to assume responsibility for enforcing Federal and compatible State commercial motor vehicle safety regulations provided such plans, among other things, ensure that the State will cooperate in the enforcement of certain motor carrier registration and insurance requirements. Authorizes the Secretary either to enter into an agreement with a State for the operation of, or to unilaterally establish, an information system that will serve as a clearinghouse and depository of information about compliance with required levels of financial responsibility, identification, and disqualification of commercial motor vehicles. Authorizes the Secretary to establish a fee system for using the information system. Authorizes the Secretary to require any motor carrier that transports or causes to be transported passengers or property in a commercial motor vehicle to register its commercial motor vehicle operations. Authorizes the Secretary to require motor carriers domiciled in foreign countries to register with the Department of Transportation, and receive an identification number, when offering transportation services within the United States. (Sec. 10) Amends the Clayton Act to remove from its application with respect to monopolies and combinations in restraint of trade any persons subject to the jurisdiction of the Federal Trade Commission. (Sec. 14) Amends the Intercoastal Shipping Act, 1933, and the Shipping Act, 1916, to terminate, as of September 30, 1996, the: (1) authority of the Federal Maritime Commission (FMC) to regulate the reasonableness of rates charged by ocean carriers in the domestic offshore trades; and (2) provisions under such Acts requiring ocean carriers in domestic offshore trades and domestic contiguous States trades to set forth their rates in tariffs filed with either the ICC or the FMC.
Bill· HRH.R. 1437 (104th)open
United States · United States Congress · 6 April 1995
Amtrak Restructuring Act of 1995 - Amends Federal transportation law to set forth as a congressional finding that the National Railroad Passenger Corporation (Amtrak) should be available to operate commuter rail passenger transportation under contract with commuter authorities to the extent it is fully reimbursed for costs incurred in operating such services, including a reasonable return on its investment of time and resources. Establishes as an Amtrak goal management of its capital investment to provide its customers with world class service. (Sec. 5) Authorizes appropriations for Amtrak for: (1) operating expenses; (2) capital investment; (3) construction expenses to convert the James A. Farley Post Office, New York City, into a train station and commercial center and for the redevelopment of the Pennsylvania Station, New York City; (4) transition costs associated with long-term restructuring of Amtrak; (5) capital expenditures for the Northeast Corridor improvement project; and (6) certain mandatory payments. (Sec. 6) Declares that certain limits on the contracting out of work by Amtrak shall not bar it and the union representing its employees from negotiating a collective bargaining agreement that permits greater flexibility in such contracting. (Sec. 7) Requires a certain annual report to the Congress concerning Amtrak routes that provide intercity rail passenger transportation to include, among other things, information on the long-term profit or loss. Requires Amtrak to include in its annual report on operations to the President and to the Congress: (1) projections of anticipated and realized benefits of proposed and previously funded projects; (2) identification of improvements in the quality of Amtrak service; (3) facility improvements that demonstrate a productivity gain; (4) equipment improvements that lower operating costs; (5) environmental benefits (including air quality and land use benefits); (6) enhancements to local transportation needs, including mobility of physically and economically disadvantaged persons; (7) improvement of revenue-to-cost ratio; (8) any reduced dependence on Federal operating support; and (9) reductions in the need for alternative transportation investments. (Sec. 8) Revises the composition of the Amtrak board of directors to include two individuals selected by the President from a list of five names submitted by commuter authorities providing service over Amtrak rail properties (currently, one individual nominated by each commuter authority). Authorizes Amtrak to cooperate, upon request, with applicants proposing technology demonstrations financed under U.S. law. Repeals a provision regarding assistance for upgrading of railroad facilities. (Sec. 9) Eliminates the Amtrak Commuter Service Corporation. (Sec. 10) Changes from mandatory to discretionary Amtrak authority to provide cost-effective intercity rail passenger service. Requires Amtrak's decisions regarding the initiation, retention, modification, or elimination of intercity rail passenger service to be made on the basis of available financial resources. Requires any Amtrak agreement with State or local governments or private entity to support such service to be made with the understanding that Federal funding will decrease through time. Sets forth certain financial requirements for the discontinuance of Amtrak rail routes or service. (Sec. 11) Repeals provisions regarding: (1) certain requirements directing Amtrak to provide notice of discontinuance of rail service to State or local authorities or other persons; (2) discontinuance of such service based on lack of appropriations; and (3) exemption of Amtrak Commuter from discontinuance requirements. Authorizes Amtrak and unions representing Amtrak employees to negotiate new employee protective arrangements that differ from the requirements of other portions of this section and the terms of the Appendix C-2 to Basic Agreement between Amtrak and the freight railroads. Declares that any of the provisions of this section and the terms of Appendix C-2 that are inconsistent with a new protective arrangement shall cease to apply to the bargaining unit covered by such new arrangement. (Sec. 12) Repeals specified provisions regarding rail route discontinuance. (Sec. 13) Directs Amtrak to construct an electrification system between Boston, Massachusetts, and New Haven, Connecticut, to accommodate the installation of a third mainline track between Davisville and Central Falls, Rhode Island, to be used for double-stack freight service to and from the Port of Davisville. Requires Amtrak to report to the Congress on its electrification design between Davisville and Central Falls, Rhode Island. (Sec. 14) Prohibits cross-subsidization between intercity rail passenger and commuter rail passenger transportation that crosses over certain rights-of-way. Repeals a specified section of the Northeast Rail Service Act of 1981 relating to compensation to Amtrak for right-of-way costs related to the operation of commuter rail passenger service over the Northeast Corridor. (Sec. 15) Directs Amtrak to make any capital improvements for the Northeast Corridor improvement project program necessary for reliable, high-speed rail passenger service and enhancement of capacity for intercity and commuter passenger service. Authorizes appropriations to the Secretary of Transportation to make grants to the State of Rhode Island for the construction of a third track with sufficient clearance to accommodate double stack freight cars on the Northeast Corridor between Davisville and Central Falls, Rhode Island.
Bill· HRH.R. 1463 (104th)referred
United States · United States Congress · 6 April 1995
National Capital Area Interest Arbitration Standards Act of 1995 - Provides for the adoption of mandatory standards and procedures governing the actions of arbitrators in the arbitration of labor disputes involving transit agencies operating in the Washington, D.C., metropolitan area.
Bill· HRH.R. 1440 (104th)referred
United States · United States Congress · 6 April 1995
Department of Transportation Reorganization Act of 1995 - Amends Federal transportation law to increase the number of Department of Transportation (DOT) Assistant Secretaries to five. (Sec. 4) Repeals a provision granting the Secretary of Transportation supervisory authority over the Saint Lawrence Seaway Corporation. Establishes the Intermodal Transportation Administration (ITA) as an administration within the DOT, headed by an Administrator appointed by the President, by and with the advice and consent of the Senate. Establishes within the Administration an Office of Intermodalism which shall: (1) develop and disseminate intermodal transportation data through the Bureau of Transportation Statistics; (2) coordinate the collection of intermodal transportation data for a data base with States and metropolitan planning organizations; and (3) coordinate Federal research on intermodal transportation in accordance with a specified plan developed under the Intermodal Surface Transportation Efficiency Act of 1991. Authorizes the Secretary to delegate his or her authority over the Saint Lawrence Seaway Corporation to the ITA Administrator. Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal provisions under such Act relating to the establishment of the Office of Intermodalism within the Office of the Secretary. Amends the Ports and Waterways Safety Act to make the Secretary (instead of the Secretary in the department in which the Coast Guard is operating) solely responsible for the prevention of damage to, or destruction of, bridges over U.S. navigable waters. (Sec. 5) Amends Federal transportation law to direct the Administrator of the Federal Aviation Administration (FAA) to carry out duties related to commercial space transportation. (Sec. 6) Repeals specified provisions relating to: (1) the Federal Railroad Administration; (2) the Federal Highway Administration; (3) the National Highway Traffic Safety Administration; (4) the Federal Transit Administration; (5) the Maritime Administration; and (6) the Research and Special Programs Administration. (Sec. 7) Authorizes the Secretary, in carrying out DOT functions, to make, enter into, and perform contracts, grants, leases, cooperative agreements, cooperative research and development agreements, and other similar transactions with Federal, State, and local agencies, nonprofit organizations, and private organizations and persons. Authorizes the Secretary to accept reimbursement from non-Federal sources for costs related to the participation of non-Federal individuals incurred by the DOT for international trips related to promoting international trade in U.S. goods and services. (Sec. 8) Repeals the mandates for specified reports, and revises the due dates for certain other reports.
Bill· HRH.R. 1441 (104th)referred
United States · United States Congress · 6 April 1995
TABLE OF CONTENTS: Title I: General Title II: Transfer of Air Traffic Service From the Federal Aviation Administration Title III: Permanent Federal Requirements Title IV: Amendments to Federal Aviation Laws Title V: Other Applicable Statutes Title VI: Transition Provisions United States Air Traffic Service Corporation Act - Title I: General - Sets forth the findings and purposes of this Act. Title II: Transfer of Air Traffic Service From the Federal Aviation Administration - Creates the United States Air Traffic Service Corporation and transfers to it all air traffic services held by the Federal Aviation Administration (FAA). (Sec. 204) Requires the Board of Directors of the Corporation to create a Safety Committee, and any other needed committees, to supervise the aviation safety activities of the Corporation. (Sec. 207) Directs the Corporation to exercise day-to-day operational supervision and control over the movement of aircraft. (Sec. 209) Directs the Corporation to: (1) impose fees for services provided to aircraft other than public, U.S. military, and certain general aviation aircraft; and (2) study the allocation of all Corporation costs (including Department of Defense costs to produce air traffic control services for civilian aviation) to identifiable, discrete air-traffic-service categories and user categories. (Sec. 210) Exempts the Corporation from State or local taxation, with specified exceptions. (Sec. 211) Prohibits any State or political subdivision or political authority of two or more States from enacting or enforcing any law or regulation relating to air traffic services provided by the Corporation. Title III: Permanent Federal Requirements - Authorizes the President, in the event of war or national emergency, to transfer any functions of the Corporation to the Department of Defense (DOD). (Sec. 302) Grants Corporation employees the right to form a union and to bargain collectively. Establishes a Labor Resolution Board for the binding resolution of bargaining impasses. Prohibits strikes, work stoppages, and slowdowns by Corporation employees or their representative labor organization. Title IV: Amendments to Federal Aviation Laws - Amends Federal transportation law to require the Administrator of the FAA, in carrying out certain aircraft safety registration requirements, including regulation of the Corporation, to consider the requirements of national defense and commercial and general aviation, and the public right of freedom of transit through navigable airspace. (Sec. 403) Requires the Administrator of the FAA to develop safety standards and policy for the use of navigable airspace. (Sec. 405) Require the Corporation to develop plans for the effective discharge of Corporation and FAA responsibilities in the event of war. (Sec. 406) Prohibits the Corporation from taking action that would have the force and effect of law relating to a price, route, or service of an air carrier. (Sec. 407) Requires the Administrator of the FAA and the Corporation to consult and cooperate with respect to research and development activities related to the use of navigable airspace, air traffic control, and air navigation, in order to avoid duplication of research and development efforts. (Sec. 409) Authorizes and directs the Administrator of the FAA to prescribe by regulation minimum standards to assure the highest level of aviation safety in the public interest, and to insure that national defense needs are met, in actions taken by the Corporation. Title V: Other Applicable Statutes - Directs the Corporation to establish a comprehensive system for the management, compensation, and advancement of Corporation employees that best serves the needs of airspace management in the United States. (Sec. 502) Amends the Government Corporation Control Act to cover the United States Air Traffic Service Corporation, except for specified provisions. (Sec. 503) Amends the Internal Revenue Code to extend, until January 1, 1999, the tax on the sale of aviation fuel and the tax on gasoline and nongasoline fuels used in aircraft in noncommercial aviation. Decreases the air transportation tax imposed on passengers from ten percent to 1.5 percent of the amount paid for such transportation beginning on or after January 1, 1997. Decreases, as of January 1, 1997, the tax imposed: (1) upon air passengers whether within or without the United States from six dollars to 90 cents; and (2) on the transportation of property within or without the United States from 6.25 percent to .95 percent of the amount paid for such transportation. Extends such taxes through January 1, 1999. Amends the Trust Fund Code of 1981 to extend the transfer of certain aviation taxes into the Airport and Airway Trust Fund until January 1, 1999. Extends the airport and airway program through October 1, 1999. Extends the current financing rate for the Airport and Airway Trust Fund through December 31, 1998. (Sec. 504) Authorizes the transfer of amounts from the Fund to cover Corporation: (1) air traffic transition costs; (2) air facility costs; and (3) commencement services. (Sec. 505) Prohibits the Corporation's receipts and disbursements from being counted as new budget authority, outlays, receipts, or deficit or surplus with respect to: (1) the President's budget; (2) the congressional budget; or (3) the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings). (Sec. 506) Amends the Congressional Budget Act of 1974 to reduce discretionary spending limits for FY 1997 through FY 2000. Title VI: Transition Provisions - Directs the Administrator of the FAA and the Chief Executive Officer of the Corporation to jointly determine which functions and which Federal employees are to be transferred to the Corporation.
Bill· SS. 682 (104th)referred
United States · United States Congress · 5 April 1995
Amends Federal air transportation law to require the Administrator of the Federal Aviation Administration to issue an airport operating certificate for an airport that serves any scheduled passenger operation of an air carrier aircraft designed for more than nine passenger seats or any unscheduled passenger operation of an air carrier aircraft designed for more than 30 passenger seats. (Currently the mandate covers only an airport serving an air carrier operating aircraft designed for at least 31 passenger seats.)
Bill· HRH.R. 1405 (104th)referred
United States · United States Congress · 5 April 1995
TABLE OF CONTENTS: Title I: Department of Commerce Grants Title II: Public Works and Job Restoration Subtitle A: Jobs 2000 Subtitle B: Employment in Support of Community Renewal Subtitle C: Employment Activities: Repair and Renovation of Educational Facilities Title III: General Provisions Job Creation and Infrastructure Restoration Act of 1995 - Title I: Department of Commerce Grants - Authorizes the Secretary of Commerce to make grants to any State or local government for construction, renovation, repair, restoration, or other improvement of local public works projects, including those for which Federal financial assistance is authorized under other titles or Acts. Limits the Federal share to not more than 90 percent of project cost. Prohibits any new grants after the expiration of any three-month period during which the national unemployment rate remains below five percent for each such month, or after September 30, 1999, whichever occurs first. (Sec. 103) Provides for allocation of funds and for preferences. Gives priority to State or local governments with unemployment rates higher than the national average. Requires State and local prioritization of applications. Allows localization of unemployment determinations. (Sec. 105) Sets forth general limitations, including Buy American and minority participation requirements and applicability of laws regarding individuals with disabilities. (Sec. 106) Authorizes appropriations and deems them to be emergency spending. Title II: Public Works and Job Restoration - Subtitle A: Jobs 2000 - Jobs 2000 Act of 1995 - Provides for jobs for the unemployed and underemployed, especially youth, through payments for labor and related costs for: (1) construction, repair, or rehabilitation of community and educational facilities; (2) reclamation and conservation of public lands; and (3) creation, repair, rehabilitation, and restoration of public safety, public transportation, health, social services, and recreation facilities and other activities necessary to the public welfare. (Sec. 203) Sets forth participant eligibility requirements, duration and extent of subsidized employment, participation priorities, special considerations for welfare recipients and veterans, and equal employment opportunities for traditionally underrepresented groups. (Sec. 204) Requires that at least 75 percent of funds made available to any recipient under subtitles B and C be used for wages and related employment benefits for work which the recipient certifies has been performed in authorized activities. Sets forth other limitations on use of funds, except training costs in specified circumstances. Subtitle B: Employment in Support of Community Renewal - Part A: Community Improvement Projects - Requires participants to be employed in community improvement projects in various specified activities under the categories of: (1) repair, rehabilitation, or improvement of public facilities; (2) conservation, restoration, rehabilitation, or improvement of public lands; and (3) public safety, health, social service, and other activities necessary to public welfare. (Sec. 210) Provides for joint programs, public lands projects limitations, eligibility and qualification of administrative entities, allotment of funds, requirements for receipt of funds, reports, and project design priorities and coordination. Part B: Community Improvement and Renewal Activities for Youth Trainees - Authorizes use of funds for wages and benefits for eligible youth for part-time employment up to 32 hours per week in authorized youth trainee activities at a work site of a public or private nonprofit or for-profit employer, in a manner which requires and is consistent with enrollment in high school, an equivalency program, or a program of basic skills, skills training, or employability development for at least eight hours per week. (Sec. 221) Provides for joint programs, youth eligibility requirements, exemption from unemployment duration requirements, priority for the economically disadvantaged, and equitable service for school dropouts. Part C: State Job Programs - Reserves five percent of State allotments for: (1) authorized State-administered programs and activities; (2) special assistance for areas with sudden or severe economic dislocations; (3) State-directed emergency aid to cope with natural disasters; and (4) special assistance to seasonal farmworkers and small farmers in areas with severe economic disruption. (Sec. 231) Sets forth requirements for program and activity selection and design. Subtitle C: Employment Activities: Repair and Renovation of Educational Facilities - Part A: Elementary and Secondary School Facility Improvement Jobs - Requires funds to be made available to any eligible local education agency in an eligible jurisdiction to provide employment to eligible participants in repair, renovation, restoration, or rehabilitation of public school facilities. (Sec. 241) Provides for use of quick-start projects, permitted uses of funds, tribal school projects, allotment of funds, and receipt requirements. Part B: Higher Education Facility Improvement Projects - Requires funds under this part to be made available to higher education institutions in eligible jurisdictions to provide employment to eligible participants in work on repair, restoration, renovation, or rehabilitation of academic facilities. (Sec. 251) Provides for use of quick-start projects, permitted uses of funds, selection of projects, allotment of funds, and receipt requirements. Part C: Special Definitions for Subtitle C - Sets forth special definitions for subtitle C. Part D: Authorization of Appropriations - Authorizes appropriations. Title III: General Provisions - Sets forth general requirements, including wage rates, labor standards, fiscal controls and sanctions, and judicial review procedures.
Bill· SS. 674 (104th)referred
United States · United States Congress · 4 April 1995
TABLE OF CONTENTS: Title I: Rail Investment Act of 1995 Title II: Local Rail Freight Assistance Rail Investment Act of 1995 - Title I: Rail Investment Act of 1995 - Rail Investment and Efficiency Act of 1995 - Amends Federal transportation law to add as goals for the National Railroad Passenger Corporation (AMTRAK) that, among other things, it manage its capital investment in such a way as to provide its customers with world class service and treat them with respect, courtesy, and dignity. (Sec. 104) Requires AMTRAK to include in its annual operations report to the President and to the Congress projections of anticipated and realized benefits of proposed and previously funded projects. (Sec. 105) Requires applications by a State, agency, or person for the institution of rail passenger service, or the retention of a route, train, or service which AMTRAK intends to discontinue, to include a statement that it agrees to pay in each year of service a portion of the long-term avoidable losses for each year (currently, short-term avoidable losses) of the operation of such service and the associated capital costs (currently, 50 percent of such costs). Directs the Secretary of Transportation to review and report to Congress on AMTRAK's State-assisted rail passenger services program. (Sec. 106) Directs AMTRAK to make any capital improvements for the Northeast Corridor improvement project program necessary for reliable, high-speed rail passenger service and enhancement of capacity for intercity and commuter passenger service. Repeals the current authorization of appropriations for specific projects of the program, as well as the general authorization for deferment of certain Northeast Corridor improvement projects in order to carry out others. (Sec. 107) Authorizes appropriations for: (1) AMTRAK operating expenses; (2) State requested rail passenger service; (3) capital investment; (4) construction expenses to convert the James A. Farley Post Office, New York City, into a train station and commercial center and for redevelopment of the Pennsylvania Station, New York City; (5) capital expenditures for the Northeast Corridor improvement project; and (6) certain mandatory payments. (Sec. 108) Legalizes conveyances of certain real property located in Reno, Nevada, by the Southern Pacific Transportation Company. (Sec. 109) Directs AMTRAK to report to the Congress on the feasibility of instituting rail passenger service between Kansas City, Missouri, and Omaha, Nebraska, as well as potential extensions of service in Iowa, Nebraska, Missouri, Montana, North Dakota, South Dakota, Oklahoma, and Kansas that might enhance the ridership or revenues of AMTRAK service. Authorizes appropriations. (Sec. 110) Declares, for purposes of any State or local requirement for a permit or other approval for construction of any AMTRAK improvement under the Northeast Corridor Improvement Project, that the exemptions and procedures applicable to a Federal project shall apply. (Sec. 111) Directs AMTRAK to construct the electrification system between Boston, Massachusetts, and New Haven, Connecticut, to accommodate the installation of a third mainline track between Davisville and the Boston Switch at Central Falls, Rhode Island, to be used for double-stack and tri-level automobile freight service to and from the Port of Davisville. (Sec. 112) Establishes the Capital and Equipment Acquisition Account to: (1) acquire passenger equipment and locomotives; and (2) encourage State and local investment in facilities and equipment used to provide intercity rail passenger service. (Sec. 113) Revises the composition of the board of directors of AMTRAK to include one member specially qualified to represent the interests of rail passengers, who shall be selected from a list of three qualified individuals recommended by the National Association of Railroad Passengers. (Sec. 114) Directs AMTRAK to implement a pilot program to increase non-Federal revenues through the sale of concessions and use of vending machines on trains and the sale of advertising space on trains and in rail stations. (Sec. 115) Requires AMTRAK to cooperate with the Virginia State Department of Transportation in studying the feasibility of reestablishing rail service between Washington, D.C., and Bristol, Virginia. (Sec. 116) Authorizes AMTRAK and motor carriers of passengers to: (1) combine their respective services and facilities to the public as a means of increasing revenues; and (2) coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation. (Sec. 117) Directs AMTRAK, upon completion of the preliminary engineering and design for the rail connection between North Station and South Station in Boston, Massachusetts, to develop a plan for the construction of the Central Artery Rail Link to enable intercity and intracity passenger service between such points. Authorizes appropriations. (Sec. 118) Directs AMTRAK to form a task force to consider recommendations for improving emergency training and performance of on-board service and operating crew members. Requires the task force to report to specified congressional committees on actions implemented to date and recommended for the future. Title II: Local Rail Freight Assistance - Authorizes appropriations for local rail service assistance. (Sec. 202) Authorizes the Secretary of Transportation to provide disaster assistance for the repair of rail lines damaged as a result of a disaster. (Sec. 203) Authorizes the use of local rail freight assistance for the cost of: (1) closing or improving a railroad grade crossing or series of such crossings; and (2) creating a State supervised grain car pool. (Sec. 205) Requires amounts appropriated to AMTRAK to be paid on the first day of the fiscal year. (Sec. 206) Repeals specified sections of Federal transportation law designated obsolete or unnecessary.
Bill· SS. 668 (104th)referred
United States · United States Congress · 4 April 1995
National Capital Region Interstate Transportation Authority Act of 1995 - Gives the consent of the Congress to the Commonwealth of Virginia, the State of Maryland, and the District of Columbia (National Capital Region) to enter into an interstate agreement or compact to establish the National Capital Region Interstate Transportation Authority. Directs the Secretary of Transportation to convey to the Authority all right, title, and interest of the Department of Transportation in the Woodrow Wilson Memorial Bridge. Directs the Authority to take action to address the need of the National Capital Region for an enhanced southern Capital Beltway crossing of the Potomac River that serves the traffic corridor of the Bridge. Provides for: (1) the withdrawal of a National Capital Region jurisdiction from the Authority; and (2) termination of the Authority. Authorizes appropriations.
Bill· HRH.R. 1392 (104th)referred
United States · United States Congress · 4 April 1995
Federal Aviation Administration Reform Act of 1995 - Establishes as an independent Federal agency the Federal Aviation Administration (Administration). Declares that the Administration shall be administered by an Administrator, who shall be appointed by the President to a seven-year term, by and with the advice and consent of the Senate. (Sec. 8) Transfers to the new Administration all functions of the Federal Aviation Administration (FAA) of the Department of Transportation and of the Secretary of Transportation which are administered through the FAA. (Sec. 16) Establishes the Federal Aviation Management Advisory Committee to provide advice and counsel to the Administrator on issues which affect or are affected by the operations of the Administrator. (Sec. 17) Directs the Administrator to establish a select panel to review and report to the Congress regarding innovative financing mechanisms for ensuring adequate funding for existing and future aviation infrastructure needs. (Sec. 18) Authorizes the Administrator to accept transfers from other Federal agencies to funds which are available to carry out functions transferred by this Act to the Administrator or functions assigned by law to the Administrator on or after enactment of this Act. (Sec. 23) Directs the Administrator to conduct pilot programs which utilize a trial: (1) acquisition management system to procure goods and services by the Administration; and (2) personnel management system for the management, compensation, and advancement of its employees. Requires the Administrator, upon the development of such systems, to submit a comprehensive plan describing them to the Congress. Terminates such systems effective October 1, 2002. (Sec. 25) Directs the Management Advisory Panel to submit to the Administrator and to the Congress a report evaluating the results of the pilot programs in acquisition and personnel reform.
Law· SS. 652 (104th)enacted
United States · United States Congress · 30 March 1995
TABLE OF CONTENTS: Title I: Transition to Competition Title II: Removal of Restrictions to Competition Subtitle A: Removal of Restrictions Subtitle B: Termination of Modification of Final Judgement Title III: An End to Regulation Title IV: Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities Telecommunications Competition and Deregulation Act of 1995 - Title I: Transition to Competition - Amends the Communications Act of 1934 (the Act) to require a local telephone exchange carrier (or class of such carriers) that is determined by the Federal Communications Commission (FCC) to have market power in providing telephone exchange service or telephone exchange access service to: (1) enter into good faith negotiations within 15 days with any telecommunications carrier requesting interconnection with the telephone exchange carrier in order to provide telephone exchange or exchange access service; and (2) provide such interconnection at reasonable, nondiscriminatory rates and in accordance with requirements of this title. Provides minimum standards for any interconnection agreement entered into, including nondiscriminatory access and high-quality interconnection between the carriers. Allows a local exchange carrier, upon receiving a request for interconnection, to negotiate and enter into a binding agreement with the telecommunications carrier without regard to such standards, as long as such agreement: (1) includes a schedule of itemized charges for each service, facility, or function included; and (2) is submitted to the State for approval. Provides for agreement: (1) arbitration by a State at any time during negotiations; and (2) intervention by a State when more than 135 days have passed since the original intervention request. Outlines duties and rights of parties in an intervention proceeding, including the duty to provide all appropriate information and the opportunity to respond. Requires the State proceeding to be conducted in accordance with rules promulgated by the FCC. Requires the State action to be completed no later than 10 months after the date on which the local exchange carrier received the original interconnection request. Outlines provisions concerning: (1) the determination during arbitration or intervention of the charges by the local exchange carrier for an unbundled (no unreasonable conditions on resale or sharing) element of the interconnection; (2) State approval or rejection of an interconnection agreement; (3) the required availability of an interconnection agreement to other telecommunications carriers on the same terms and conditions; (4) the collocation of equipment necessary for interconnection at the premises of the carrier at reasonable charges; (5) FCC promulgation of implementing regulations; (6) FCC authority to act if a State fails to carry out its arbitration or intervention responsibilities; (7) waiver or modification by the FCC or a State of minimum interconnection standards with respect to a rural telephone company; and (8) a State's authority to impose requirements on a telecommunications carrier for intrastate services to further competition in telephone exchange service or exchange access service. (Sec. 102) Prohibits a Bell operating company (BOC)(including any subsidiary and affiliate) which provides telephone exchange service from providing information services, manufacturing services, or interLATA (local access and transport area) services (with exceptions), unless it provides that service through a subsidiary that: (1) is separate from any BOC entity that provides telephone exchange service; and (2) meets specified structural and transactional requirements, such as books, records, officers, directors and employees separate from the BOC. Prohibits any discrimination between a BOC, its subsidiary or affiliate, and any other entity in the provision of goods, services, facilities, and information or in the establishment of standards. Prohibits a BOC subsidiary from marketing or selling telephone exchange services provided by the BOC unless that company permits other entities offering the same or similar services to market and sell its telephone exchange services. Outlines additional requirements for the provision of interLATA services by a BOC. Requires each BOC and its subsidiary or affiliate to protect the confidentiality of proprietary information relating to other common carriers, equipment manufacturers, and customers, with certain exceptions such as bill collection. Authorizes the FCC to grant an exception from any requirement of this section when determined necessary for the public interest, convenience, and necessity. Requires public utility companies which are registered holding companies that provide telecommunications services to provide such service through a separate subsidiary. Directs each State to determine whether public utility companies in their State which provide such service but are not registered holding companies will be required to provide such service through a separate subsidiary. (Sec. 103) Directs the FCC to institute and refer to a Federal- State joint board a proceeding to recommend rules regarding the implementation of provisions with regard to universal service (intra- and inter-state telecommunications services that the FCC determines should be provided at reasonable rates to all Americans, including those in rural and high-cost areas and those with disabilities). Requires the periodic (at least every four years) review of such implementation. Provides Joint Board and FCC deadlines with regard to the provision and implementation of appropriate recommendations. Requires the Joint Board and the FCC to base policies for the preservation and enhancement of universal service on specified principles, including quality services, affordable rates, and access in all regions of the country. Requires all telecommunications providers to contribute in the advancement of universal service. Prohibits telecommunications carriers from subsidizing competitive services with revenues from services that are not competitive. (Sec. 104) Directs the FCC (in the case of interstate service) or a State (in the case of intrastate service), when more than one telecommunications carrier serves a geographic area, to determine which carrier is best able to provide universal service to the community and to designate that carrier as an essential telecommunications carrier (ETC) for that community. Sets forth ETC obligations in the provision of such service. Allows multiple ETC designations for an area. Directs the FCC or a State, as appropriate, to establish rules for the resale of universal service, requiring the carrier whose facilities are being resold to be adequately compensated for their use. Allows, under specified rules, an ETC to relinquish such designation if another ETC is designated for the same area. Provides for: (1) enforcement proceedings against an ETC refusing to provide appropriate universal service; and (2) the designation of an ETC for interexchange services for any unserved community or portion thereof requesting such services. (Sec. 105) Makes provisions of the Act prohibiting foreign investment and ownership in telecommunications licenses, facilities, and equipment inapplicable to foreign representatives when the FCC determines that the foreign country of such representative provides equivalent market opportunities for common carriers to the United States or its citizens. Repeals such exemption when such equal opportunity ceases. (Sec. 106) Directs the FCC to prescribe regulations that require certain local telephone exchange carriers to make available to any qualifying carrier (an ETC) such public switched network infrastructure, technology, information, and telecommunications facilities and functions as may be requested for the provision of telecommunications services, or access to such services, in the service area of an ETC. Requires a local exchange carrier entering into an agreement under this section to provide to each party of the agreement timely information on the planned deployment of telecommunications services and equipment, including necessary software. Title II: Removal of Restrictions to Competition - Subtitle A: Removal of Restrictions - Amends the Act to prohibit any State or local statute or regulation from prohibiting the ability of any entity to provide any interstate or intrastate telecommunications services. Authorizes the FCC to immediately preempt the enforcement of any statute that is found to so interfere. Protects the rights of any cable operator engaged in the provision of telecommunications services, prohibiting any franchise or additional conditions from being imposed on such operator for such services. (Sec. 202) Authorizes a State, under certain conditions, to require a direct-to-home satellite service provider who is subject to the personal jurisdiction of the State to collect and remit a State and local sales tax with respect to the provision of such services. Provides nondiscrimination provisions. Exempts the direct-to-home satellite service from other local taxes or fees for such services. (Sec. 203) Provides that any telecommunications carrier, including a BOC, which carries or provides video programming provided by others through a common carrier video platform shall not be considered a cable operator providing cable service and therefore shall not be subject to certain cross-ownership restrictions under the Act. Requires BOCs, in order to receive such exemption, to: (1) provide facilities, services, or information to all programmers on the same terms and conditions as provided to its own video programming operations; and (2) not subsidize its video programming with revenues from its telecommunications services. Outlines provisions concerning rates, access, and certain procedural safeguards (through FCC regulations) and enforcement provisions with respect to the provision of video programming through a common carrier video platform. (Sec. 204) Authorizes the FCC to consider a rate for cable programming services as unreasonable only if it substantially exceeds the national average rate for comparable services. Includes as "effective competition" under the Act a situation where a local exchange carrier offers video programming services directly to subscribers, either over a common carrier video platform or as a cable operator, in the franchise area of an unaffiliated cable operator which is also providing cable service in that franchise area. (Sec. 205) Authorizes a cable television system to use utility pole attachments to provide cable service or any other telecommunications service. Requires a utility owning a pole to provide a cable television system with nondiscriminatory access to such pole for such purposes. Directs the FCC to prescribe regulations to ensure that such utilities charge just, reasonable, and nondiscriminatory rates for such pole attachments. (Sec. 206) Authorizes any utility and its subsidiary or affiliate (other than a public utility holding company that is an associate company of a registered holding company) to engage in any activity necessary or appropriate for the provision of telecommunications services, information services, or other services or products subject to FCC jurisdiction under the Act. Prohibits the Securities and Exchange Commission from regulating such activities. Allows the Federal Energy Regulatory Commission or a State commission to exercise its authority to prohibit the cross-subsidization of such activities. Requires the maintenance of separate books and accounts with regard to such activities by any subsidiary or affiliate that is an associated company of a registered holding company. Allows for independent audits, upon State request, of such subsidiaries or affiliates with respect to such activities. (Sec. 207) Authorizes the FCC, under certain conditions, to allow licensees to make use of the advanced television spectrum for the transmission of ancillary or supplementary services. Authorizes the FCC to collect fees for the use of such spectrum from licensees that charge subscribers for advanced television spectrum services. Requires such licensee to establish that such services are in the public interest. Increases from 25 to 35 percent the amount of national audience a single broadcast licensee may reach. Increases the term of license renewal for television licenses from five to ten years and for radio licenses from seven to ten years. Revises the broadcast license renewal procedures to allow such renewal if the FCC finds that: (1) the station has served the public interest, convenience, and necessity; (2) there have been no serious violations by the licensee of the Act or FCC rules and regulations; and (3) there have been no other violations which, taken together, would constitute a pattern of abuse. Subtitle B: Termination of Modification of Final Judgment - Establishes the criteria to be used by the FCC to determine when a BOC may provide interLATA services in the region in which it is the dominant provider of wireless telephone exchange service or exchange access service. Allows such BOC to provide such services only if it has reached an interconnection agreement which meets the requirements of a competitive checklist, including nondiscriminatory access to specified services. States that, until a BOC is authorized to provide interLATA services in a telephone exchange area, a telecommunications carrier may not jointly market telephone exchange or exchange access service purchased from such a BOC with interexchange services offered by that telecommunications carrier. Prohibits the FCC from limiting or extending the requirements of the competitive checklist. Outlines provisions concerning: (1) a BOC application for the provision of interLATA services in an appropriate area; (2) FCC determination and approval of such application and publication of results in the Federal Register; and (3) judicial review and judgment with respect to an approval. Requires a BOC granted such approval to provide interLATA toll dialing parity throughout the market area coincident with its exercise of authority. Authorizes a BOC or its subsidiary or affiliate to provide interLATA services in an area where it is not the dominant provider of telephone exchange or exchange access services upon the date of enactment of this Act. Authorizes such BOC to provide certain incidental services, with limitations. Provides that a person engaged in the provision of commercial mobile services shall not be required to provide equal access to interexchange telecommunications carriers unless required to do so under the Act. (Sec. 222) Provides that a BOC authorized to provide interLATA services under this Act shall be authorized by the FCC to: (1) manufacture and provide telecommunications equipment; and (2) manufacture customer premises equipment, subject to specified requirements and related regulations. Requires such manufacturing to be carried out through a separate subsidiary or affiliate of such BOC, with appropriate requirements of separation (books, accounts, officers, and employees) maintained. Requires a manufacturing subsidiary of a BOC to make available to local exchange carriers telecommunications equipment and related software that is manufactured by such subsidiary as long as there is demand for such equipment. Prohibits a BOC from discriminating among such local exchange carriers with respect to bids for services or equipment, the standards or certification of equipment, or the sale of telecommunications equipment and software. Requires the protection of proprietary information. Allows a BOC to engage in close collaboration with manufacturers of customer premises or telecommunications equipment not affiliated with a BOC during the design and development of equipment hardware and software. Provides for the administration and enforcement of such requirements through FCC regulations and appropriate civil actions. (Sec. 223) States that nothing in this Act is intended to prohibit a BOC from engaging in any activity authorized by an order pursuant to the Modification of Final Judgment, if such order was entered on or before the date of enactment of this Act. (Sec. 224) Provides specific penalties for violations of provisions of this Act relating to interconnection authority, separate subsidiary and safeguard requirements, and the authority of a BOC to provide interLATA telecommunications services. (Sec. 225) Authorizes a BOC to provide alarm monitoring services three years after the date of enactment of this Act if the BOC has been authorized by the FCC to provide interLATA services. Requires the FCC to establish rules governing the provision of such services by a BOC. Provides an exception to the three-year waiting requirement in the case of alarm monitoring services provided by a BOC that was engaged in the provision of such services as of December 31, 1994, as long as certain conditions are met. Title III: An End to Regulation - Directs the FCC and the States to: (1) provide telecommunications carriers with pricing flexibility in the rates charged to consumers for telecommunications services; (2) ensure that residential telephone rates remain just, reasonable, and affordable as competition develops for telephone exchange service and telephone exchange access service; and (3) adopt alternative forms of regulation for Tier 1 telecommunications carriers as part of a plan that includes the advancement of competition and other measures designed to protect the consumer. Authorizes the FCC and the States to establish: (1) rates for services included within universal service; and (2) a residential telephone rate where only a single carrier provides such service in a market, but to cease such rate regulation when determined no longer necessary for the protection of consumers. Provides for a transition plan. Requires local telephone exchange carriers to provide subscriber list information to anyone, upon request, on a timely, unbundled, and nondiscriminatory basis. (Sec. 302) Directs the FCC (with respect to Federal regulations) and a Federal-State Joint Board (with respect to State regulations) to biennially review and make appropriate determinations with respect to all regulations applicable to telecommunications services. (Sec. 303) Authorizes the FCC, upon making certain determinations, to forbear from applying any regulation or provision of the Act to a telecommunications carrier or service in any or some of their geographic markets. Requires the FCC, within those determinations, to consider whether such forbearance will promote competitive market conditions. (Sec. 304) Requires the FCC and each State telecommunications commission to encourage the deployment of advanced telecommunications capability to all Americans. Requires the FCC to regularly initiate a notice of inquiry concerning such availability. (Sec. 305) Directs the FCC to undertake the termination or modification of regulations and provisions of the Act as necessary to implement the changes made under this Act. (Sec. 306) Provides that any ship documented under U.S. laws operating under the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio telegraphy station operated by one or more radio officers or operators. (Sec. 307) Requires local exchange carriers to make available: (1) interim telecommunications number portability beginning on the date of enactment of this Act; and (2) final number portability when the FCC determines such to be technically feasible. Requires the neutral administration of a nationwide numbering system, with costs to be borne by all telecommunications carriers. (Sec. 308) Requires the manufacturer of telecommunications and customer premises equipment or a provider of telecommunications service to ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable. Sets forth standards. Requires closed captioning when readily achievable. Provides exemptions from such requirements. Provides for: (1) studies; (2) regulations; and (3) enforcement. (Sec. 309) Prohibits a State, except for the adoption of specified minimally restrictive statutes or regulations, from waiving or modifying the requirements of this Act concerning interconnection agreements. Authorizes the FCC to preempt any State statute or regulation found to be inconsistent with FCC regulations or unreasonably discriminatory in their application. (Sec. 310) Requires designated ETCs, upon request, to provide at affordable and reasonable rates: (1) telecommunications services necessary for the provision of health care services to persons residing in rural areas; and (2) universal service to elementary and secondary schools and libraries for the provision or receipt of educational services. Directs the FCC to establish rules for the enhancement of the availability of advanced telecommunications and information services to elementary and secondary school classrooms, health care providers, and libraries. Requires appropriate interconnection. (Sec. 311) Prohibits any BOC that provides payphone or telemessaging service from: (1) subsidizing such services with revenues from its telephone exchange or exchange access service; or (2) preferring or discriminating in favor of its payphone or telemessaging service. Requires implementing regulations. Title IV: Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities - Communications Decency Act of 1995 - Amends the Act to prohibit the use of any telecommunications device (currently, only the telephone) by a person not disclosing his or her identity in order to annoy, abuse, threaten, or harass any person. Prohibits the repeated use of a telecommunications device solely for harassment purposes. Prohibits a person from allowing the use of any telecommunications facility (currently, telephone facility) in his or her control for such purposes. Prohibits the use of a telecommunication device (currently, telephone) for making indecent communications for commercial purposes to children under age 18. Increases the fine and maximum sentence for such violations. Provides defenses to such violations, including one for persons whose actions are limited solely to the provision of access to certain communications. (Sec. 403) Increases from $10,000 to $100,000 the maximum fine for: (1) transmission over a cable system of obscene or otherwise unprotected material; and (2) broadcasting obscene language on the radio. (Sec. 405) Includes digital communications among those communications protected by the Act from unauthorized interception and disclosure. (Sec. 406) Prohibits a party calling a toll-free telephone number from being assessed a charge by virtue of being asked to connect or otherwise transfer to a pay-per-call service. (Sec. 407) Requires cable television operators, upon subscriber request and at no charge, to fully scramble or otherwise block the audio and video portions of programs unsuitable for children. (Sec. 408) Authorizes a cable operator to refuse to transmit any public access or leased access program or portion thereof which contains obscenity, indecency, or nudity.
Bill· HRH.R. 1361 (104th)referred
United States · United States Congress · 30 March 1995
TABLE OF CONTENTS: Title I: Authorizations Title II: Personnel Management Improvement Title III: Navigation Safety and Waterway Services Management Title IV: Miscellaneous Title V: Coast Guard Regulatory Reform Title VI: Documentation of Vessels Title VII: Technical and Conforming Amendments Title VIII: Coast Guard Auxiliary Amendments Coast Guard Authorization Act for Fiscal Year 1996 - Title I: Authorizations - Authorizes appropriations for the Coast Guard for FY 1996 for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, test, and evaluation of technologies, materials, and human factors relating to the performance of the Coast Guard's mission; (4) retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; (5) alteration or removal of bridges obstructing navigation, and personnel and administrative costs associated with the bridge alteration program; and (6) environmental compliance and restoration. (Sec. 102) Authorizes: (1) an end-of-year strength for active duty personnel of 38,400 as of September 30, 1996; and (2) specified military training student loads for FY 1996. (Sec. 103) Directs the Secretary of Transportation (Secretary) to submit to specified congressional committees quarterly reports on drug interdiction. Title II: Personnel Management Improvement - Makes provisions of the National Defense Authorization Act for FY 1993 concerning homeowners assistance for certain individuals affected by Hurricane Andrew applicable to the military personnel of the Coast Guard who were assigned to, or employed at or in connection with, any Federal facility or installation in the vicinity of Homestead Air Force Base, Florida, subject to specified limitations. (Sec. 202) Excludes certain reserve members in computing the authorized strength of members on active duty or members in grade. (Sec. 203) Authorizes the Commandant of the Coast Guard to make child development services available to members of the armed forces and Federal civilian employees. (Sec. 204) Requires any officer, chief warrant officer, or enlisted member of the Coast Guard or Coast Guard Reserve to request that all information contained in the National Driver Register pertaining to the individual be made available to the Commandant. Authorizes such individual to request the chief driver licensing official of a State to provide information about the individual to the Commandant. (Sec. 205) Revises provisions regarding officer retention to provide for retention until eligible for retirement under specified conditions. Title III: Navigation Safety and Waterway Services Management - Repeals provision requiring the Secretary of Commerce to collect and pay to the Treasury foreign passenger vessel user fees. (Sec. 302) Sets forth provisions regarding: (1) the Florida Avenue Bridge in Orleans Parish, Louisiana; (2) renewal of the Houston-Galveston Navigation Safety Advisory Committee, the Lower Mississippi River Waterway Advisory Committee, the Navigation Safety Advisory Council, and the Commercial Fishing Industry Vessel Advisory Committee; (3) nondisclosure of port security plans; (4) establishment of a civil penalty to enforce maritime alcohol and dangerous drug testing; (5) withholding vessel clearance for specified violations; (6) increased civil penalties for failure to report a casualty and for operation of an uninspected vessel in violation of manning requirements; and (7) a requirement that vessels operating beyond three nautical miles from the coastline of the Great Lakes carry alerting and locating equipment, including emergency position indicating radio beacons. Title IV: Miscellaneous - Directs the Secretary of Transportation to transfer Coast Guard property in Traverse City, Michigan, and in Ketchikan, Alaska. (Sec. 403) Authorizes electronic filing of commercial instruments. (Sec. 404) Sets forth provisions regarding: (1) Board for Correction of Military Records deadlines; (2) judicial sale of documented vessels to aliens; (3) authority of the Commandant to sell recyclable material; (4) special selection boards; and (5) limits on the use of information from marine casualty investigations. (Sec. 407) Directs: (1) the Commandant to report on the recruitment of women and minorities into the Coast Guard; and (2) the Secretary to report on LORAN-C radionavigation system technology. (Sec. 408) California Cruise Industry Revitalization Act - Amends the Johnson Act to exclude certain voyages from prohibitions against manufacturing, repairing, selling, or possessing gambling devices. (Sec. 409) Revises or adds provisions regarding: (1) vessel financing; (2) availability of extrajudicial remedies for default on preferred mortgage liens on vessels; (3) implementation of water pollution laws with respect to vegetable oil; (4) limited double hull exemptions; and (5) oil spill response vessels. (Sec. 410) Expresses the sense of the Congress that all equipment and products purchased with funds made available under this Act should be American-made. Title V: Coast Guard Regulatory Reform - Coast Guard Regulatory Reform Act of 1995 - Directs the Secretary of Transportation to prescribe regulations which establish a safety management system for specified persons and vessels, including: (1) a safety and environmental protection policy; (2) instructions and procedures to ensure safe operation of those vessels and protection of the environment in compliance with international and U.S. law; (3) defined levels of authority and lines of communications between and among personnel on shore and on the vessel; and (4) procedures for reporting accidents and nonconformities with this title, preparing for and responding to emergency situations, and internal audits and management reviews of the system. Requires regulations prescribed to be consistent with the International Safety Management Code with respect to vessels engaged on a foreign voyage. Sets forth provisions regarding: (1) implementation of the safety management system; and (2) certification and enforcement. Directs the Secretary to conduct a study of the methods that may be used to implement and enforce the International Management Code for the Safe Operation of ships and for Pollution Prevention under the Annex to the International Convention for the Safety of Life at Sea, 1974. (Sec. 503) Authorizes the Secretary to rely, as evidence of compliance with this title, on reports, documents, and records of other persons and on other methods determined by the Secretary to be reliable. (Sec. 504) Revises provisions regarding: (1) equipment approval; (2) frequency of inspection; (3) certificates of inspection; and (4) delegation of authority of the Secretary to classification societies. Title VI: Documentation of Vessels - Authorizes a coastwise endorsement to be issued for a vessel that: (1) is less than 200 gross tons; (2) is eligible for documentation; (3) was built in the United States; and (4) was sold foreign in whole or in part, or placed under foreign registry. (Sec. 602) Authorizes the Secretary to issue a certificate of documentation with a coastwise endorsement for two vessels (both named Gallant Lady), subject to specified limitations on operation and conditions. (Sec. 603) Extends the deadline for conversion of the vessel M-V Twin Drill. (Sec. 604) Authorizes the Secretary to issue a certificate of documentation with appropriate endorsements for employment in the coastwise trade, Great Lakes trade, and the fisheries for the vessel Rainbow's End. Title VII: Technical and Conforming Amendments - Makes technical and conforming amendments to various laws, including the Inland Navigational Rules Act of 1980, the Longshore and Harbor Workers' Compensation Act, the Vessel Bridge-to-Bridge Radio-telephone Act, the Ports and Waterways Safety Act of 1972, the Merchant Marine Acts of 1920 and 1956, the Maritime Education and Training Act of 1980, and title 46 (shipping) of the U.S. Code. Title VIII: Coast Guard Auxiliary Amendments - Revises provisions regarding the Coast Guard Auxiliary to direct the Auxiliary, for command, control, and administrative purposes, to include such organizational elements and units as approved by the Commandant, including a national board and staff. Grants the Auxiliary organization and its officers such rights, privileges, powers, and duties as may be granted to them by the Commandant, consistent with this title and applicable law. Deems each organizational element or unit as an instrumentality of the United States for purposes of various listed statutes, with exceptions. Permits the national board, and any Auxiliary district or region, to form a corporation under State law in accordance with policies established by the Commandant. (Sec. 802) Revises or adds provisions regarding: (1) the purpose of the Auxiliary; (2) members and status of the Auxiliary; (3) assignment and performance of duties; (4) cooperation with other agencies, States, territories, and political subdivisions; (5) vessels deemed public vessels; (6) aircraft deemed public aircraft; and (7) disposal of certain material.
Law· HRH.R. 1350 (104th)enacted
United States · United States Congress · 29 March 1995
Maritime Security Act of 1995 - Amends the Merchant Marine Act, 1936 to modify the authority of the Secretary of Transportation regarding operating-differential subsidies (ODSs) for vessels over 25 years old. Allows the Secretary to authorize replacement vessels for certain liner vessels receiving ODSs, making them ineligible for ODSs and limiting them to payments under this Act until the existing contract terminates by its terms. Allows the Secretary to authorize replacement vessels for certain bulk cargo vessels receiving ODSs, requiring that they continue to receive ODSs until the existing contract terminates by its terms. Prohibits new ODS contracts after enactment of this Act. Prohibits renewing or extending existing contracts. Allows operation of an ODS vessel in the U.S. foreign trade without restriction, notwithstanding any other provision of the Merchant Marine Act, 1936. Allows certain liner vessels to be transferred and registered under the flag of an effective U.S.-controlled foreign flag, provided the vessel is available for requisition by the Secretary. Mandates the establishment of a fleet of active, militarily useful vessels to meet national defense and other security requirements and maintain an American presence in international commercial shipping. Requires that the fleet consist of privately owned, U.S.-flag liner vessels with ODSs. Requires each fleet vessel to have an operating agreement with the Secretary, operate exclusively in the foreign trade, and be documented under Federal law. Allows the vessels to operate in the foreign trade without restriction. Requires the owner or operator of a vessel covered by an agreement, in war, national emergency, or the national interest, to make available, under an Emergency Preparedness Program, vessels, capacity in vessels, intermodal systems and equipment, terminal facilities, and intermodal and management services. Prohibits an owner, operator, or related party from engaging in noncontiguous trade, except as permitted in regulated waivers. Authorizes appropriations for the operating agreements under this Act. Declares that existing provisions prohibiting ODS holders from operating competing foreign-flag vessels do not preclude owners, operators, and others from owning, chartering, or operating foreign-flag vessels in specified ways. Amends cargo preference provisions to modify the definition of "privately owned United States-flag commercial vessels." Deems certain cargo preference provisions fulfilled regarding liner vessels if specified requirements are met. Terminates restrictions and requirements of specified provisions on vessels constructed, reconstructed, or reconditioned with the aid of a construction-differential subsidy for liner or dry bulk cargo vessels when they become 25 years old and for liquid bulk cargo vessels when they become over 20 years old.
Bill· HRH.R. 1347 (104th)reported
United States · United States Congress · 29 March 1995
Maritime Administration Authorization Act for Fiscal Year 1996 - Authorizes appropriations for the Department of Transportation for FY 1996 for: (1) the operating-differential subsidy; (2) operating agreements for vessels enrolled in the Maritime Security Program; (3) operations and training activities; and (4) the costs of guaranteed loans authorized by the Merchant Marine Act, 1936, as well as for administrative expenses related to loan guarantee commitments. Amends: (1) the Merchant Ship Sales Act of 1946 to require the Secretary of Transportation to consult with the Secretary of Defense (currently, Secretary of the Navy) regarding the National Defense Reserve Fleet and to repeal certain restrictions on requiring bids, payments, performance, or completion bonds from contractors with respect to repair or maintenance of Fleet vessels; and (2) the Merchant Marine Act, 1936 to extend war risk insurance authority. Requires the Secretary of Transportation to submit to the Congress a report on the condition of public ports of the United States each even-numbered (currently, each) year.
Bill· HRH.R. 1346 (104th)open
United States · United States Congress · 29 March 1995
Amends the Merchant Marine Act, 1936 to revise requirements for the computation of fees for the guarantee of obligations under the Federal Ship Mortgage Insurance program.
Bill· HRH.R. 1357 (104th)referred
United States · United States Congress · 29 March 1995
Amends the Interstate Commerce Act to direct the Interstate Commerce Commission (ICC) to require a fair and equitable arrangement for protection of the interests of railroad employees who may be affected by an ICC order approving an application for construction or acquisition and operation of a railroad line. Requires such arrangement to be no less fair and beneficial to the interests of such employees than those established under specified provisions for employee protective arrangements in transactions involving rail carriers.
Bill· HRH.R. 1349 (104th)referred
United States · United States Congress · 29 March 1995
Panama Canal Commission Authorization Act, Fiscal Year 1996 - Authorizes: (1) expenditures by the Panama Canal Commission for FY 1996 for the operation, maintenance, and improvement of the Panama Canal and for administrative expenses (limits reception and representation expenses of the Board); and (2) the use of Commission funds for the purchase of passenger motor vehicles for replacement only.
Bill· HRH.R. 1348 (104th)referred
United States · United States Congress · 29 March 1995
Panama Canal Amendments Act of 1995 - Amends the Panama Canal Act of 1979 to reestablish the Panama Canal Commission as a wholly owned Government corporation within the executive branch.
Bill· SS. 638 (104th)open
United States · United States Congress · 28 March 1995
Insular Development Act of 1995 - Authorizes appropriations for FY 1996 through 2001 for: (1) the Northern Mariana Islands for capital improvement projects in the environmental, health, and public safety areas, administration and enforcement of immigration and labor laws, and contribution toward costs of the compacts of free association (for the same purposes for which funds are provided for Guam by this Act); (2) Guam for costs that result from increased demands for education and social program benefits by immigrants from the Marshall Islands, the Federated States of Micronesia, and Palau (currently, amounts as necessary are authorized for FY 1986 and subsequent years for Hawaii, American Samoa, and the Northern Mariana Islands as well); and (3) grants for capital infrastructure in American Samoa, Guam, and the Virgin Islands. Sets forth conditions on funding for capital improvement projects, including that the recipient government submit specified capital needs and maintenance plans. Extends funding for such projects for an additional three years, subject to certain conditions. Prohibits, after FY 1995, certain continuing financial assistance to the Northern Mariana Islands.
Bill· HRH.R. 1330 (104th)open
United States · United States Congress · 28 March 1995
Comprehensive Wetlands Conservation and Management Act of 1995 - Amends the Federal Water Pollution Control Act to prohibit, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters, including wetlands at a specific disposal site; or (2) the draining, channelization, or excavation of wetlands. Requires the Secretary, upon receiving permit applications, to: (1) classify as Type A wetlands that are of critical significance to the long-term conservation of the aquatic environment and meet other specified requirements; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands functions or are lands that do not serve significant wetlands functions. Authorizes persons with ownership interests in property to request the Secretary to make determinations as to whether the property contains U.S. waters or is a wetland. Subjects such determinations to judicial review. Directs the Federal Government to compensate a property owner whose use of the property has been limited by an agency action under this Act that diminishes the fair market value of the property by at least 20 percent. Requires the compensation to equal the diminution in value resulting from such action. Directs the Federal Government, at the owner's option, to buy the portion of property for fair market value if the diminution in value is greater than 50 percent. Prohibits compensation with respect to agency actions: (1) the primary purpose of which is to prevent a public health or safety hazard or damage to specific property other than the property whose use is limited; or (2) pursuant to the Federal navigation servitude except as such servitude applies to wetlands. Sets forth procedures for owners seeking compensation and notice requirements for agencies taking actions to limit the use of private property. Applies compensation provisions only to surface interests or water rights, with specified exceptions for oil, gas, or mineral interests beneath or adjacent to Type A or B wetlands. Requires the Secretary to determine whether to issue a permit for an activity in Type A wetlands based on a sequential analysis that seeks to avoid or minimize adverse actions on wetlands and compensate for losses of functions that cannot be avoided or minimized. Authorizes mitigation requirements when appropriate to prevent loss or degradation of Type A wetlands. Permits the Secretary to issue a permit for activities in Type B wetlands if the issuance of the permit is in the public interest, balancing the foreseeable benefits and detriments resulting from the permit. Imposes requirements for mitigation when such activities result in permanent wetland loss or degradation. Directs the Secretary to issue regulations for the establishment and oversight of mitigation banks for wetlands. Requires the Secretary, at the option of the permit applicant, to issue permits authorizing activities in Type A and B wetlands in States with substantial conserved wetlands areas subject to the following requirements. Permits the Secretary to include conditions for minimization of adverse impacts when economically practicable. Prohibits any requirements for mitigation to compensate for adverse impacts in such permits. Directs the Secretary, upon application by owners of economic base lands in a State with substantial conserved wetlands, to issue individual and general permits for activities in waters or wetlands. Reduces requirements to allow such lands to be beneficially used to sustain economic activity and to reflect the social and economic needs of Alaska Natives to utilize such lands. Exempts specified activities from this Act's requirements. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires wetlands located on agricultural lands and associated non-agricultural lands to be delineated by the Secretary of Agriculture in accordance with the Food Security Act of 1985. Exempts from the requirements of this Act agricultural lands that are exempt from the requirements of the Food Security Act of 1985. Requires the Secretary and the Secretary of Agriculture to undertake a project to identify and classify U.S. wetlands. Directs the Secretary to establish procedures pursuant to which: (1) landowners may appeal determinations of regulatory jurisdiction over a parcel of property, wetlands classifications with respect to property, or determinations that an activity does not qualify under a general permit; (2) any person may appeal a determination that a proposed activity is not exempt (non-exempt activities require permits); (3) permit applicants may appeal determinations to deny issuance of a permit or to impose a requirement under the permit; and (4) landowners or others required to restore or alter property may appeal an order to do so. Provides that persons who have filed appeals shall not be required to pay penalties or perform mitigation or restoration until the appeal has been decided. Authorizes civil actions and prescribes penalties for permit violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval. Deems specified activities associated with cranberry production operations to be in compliance with provisions regarding effluent limitations, subject to certain conditions. Directs the Secretary, in implementing responsibilities under the regulatory program, to balance the objective of conserving functioning wetlands with the objectives of ensuring continued economic growth, providing essential infrastructure, maintaining strong State and local tax bases, and protecting against the diminishment and value of private property. Requires the Secretary and the heads of Federal agencies to seek to minimize the effects of the regulatory program on the use and value of private property. Directs the Secretary to develop procedures for facilitating actions necessary to respond to emergency conditions under this Act which may involve loss of life or property damage. Provides that no U.S. waters or wetlands shall be subject to this Act based solely on the fact that migratory birds use or could use the waters or wetlands. Provides for reevaluation of determinations of regulatory jurisdiction or permit conditions imposed before this Act's enactment upon the request of a permit holder. Authorizes modification or suspension of permits, as appropriate. Bars compensation to persons as a result of such reevaluation and continues activities in Type A wetlands without permit modification.
Bill· SS. 631 (104th)referred
United States · United States Congress · 27 March 1995
TABLE OF CONTENTS: Title I: National Handgun Controls Title II: Tracing of Guns Used in Crimes Title III: Dealer Responsibility Title IV: Theft of Firearms Title V: Armed Felons Title VI: Violent Misdemeanants Title VII: Ammunition Handgun Control and Violence Prevention Act of 1995 - Title I: National Handgun Controls - Amends the Federal criminal code to prohibit the sale, delivery, or other transfer of a handgun to an individual not possessing a Federal firearms license unless the transferor has: (1) verified that the transferee possesses a valid State handgun license that meets specified minimum requirements by examining such license and a valid identification document containing a photograph of the transferee and by contacting the chief law enforcement officer of the State that issued the license to confirm that such license has not been revoked; and (2) provided to such officer of the State in which the transfer is to take place a completed State handgun registration form. Prohibits the sale, delivery, or other transfer of handgun ammunition to an individual not possessing a Federal firearms license unless the transferor has verified that the transferee possesses a valid State handgun license and prohibits such an individual from receiving a handgun or handgun ammunition unless the individual possesses a valid State handgun license. Sets forth: (1) minimum requirements to constitute a valid State handgun license; (2) procedures with respect to the issuance of such a license; and (3) penalties for violations of this title. Directs the Attorney General to make a grant to each State for the initial startup costs associated with establishing a system of licensing and registration. Authorizes appropriations. (Sec. 102) Prohibits any licensed dealer: (1) during any 30 day period, from selling two or more handguns to an unlicensed individual; or (2) from selling a handgun to an unlicensed who purchased a handgun during the 30 day period ending on the date of the sale. Permits the exchange of a handgun for a handgun. Prohibits an unlicensed individual from purchasing two or more handguns during any 30 day period. (Sec. 103) Prohibits engaging in the business of dealing in handguns without specific authorization. Directs the Secretary of the Treasury to authorize a licensed dealer (or applicant) to engage in the business of dealing in firearms if the dealer (or applicant) demonstrates that there is significant unmet lawful demand for handguns in the market area served by the dealer. Title II: Tracing of Guns Used in Crimes - Requires each licensee to provide all record information required to be kept, or such lesser information as the Secretary may specify, as may be required for determining the disposition of a firearm in the course of a law enforcement investigation. (Sec. 202) Requires the Director of the Bureau of Alcohol, Tobacco, and Firearms (BATF) to centralize all records of receipt and disposition of firearms obtained by the BATF, and maintain such records in whatever manner will enable their most efficient use in law enforcement investigations. (Sec. 203) Restates provisions regarding the interstate transportation of firearms to prohibit an unlicensed individual from transporting a firearm from one State into another State. (Sec. 204) Prohibits an unlicensed individual from receiving a firearm with intent to transfer the firearm for profit. Sets penalties for violations. (Sec. 205) Requires each licensed manufacturer to maintain records of the ballistics of handgun barrels made by the manufacturer and the serial numbers of such barrels and to make such records available to the Secretary. (Sec. 206) Directs the Secretary to establish in the BATF a National Firearms Tracing Center which shall be operated for the purpose of tracing the chain of possession of firearms and ammunition used in crimes. Authorizes appropriations. Title III: Dealer Responsibility - Requires compliance with State and local firearms licensing laws before issuance of a Federal firearms license. (Sec. 302) Requires that the background investigation of an applicant for a Federal firearms license include: (1) checking the applicant's fingerprints against all appropriate compilations of criminal records; and (2) inspection (by the Secretary) of the place at which the applicant is to conduct business pursuant to the license. Requires the applicant to have a business premises (currently, premises) from which to conduct such business. Extends the period for approving or denying the application. (Sec. 303) Increases license fees for dealers of firearms, destructive devices, or ammunition. (Sec. 304) Increases penalties for knowingly making false statements in connection with, or violating recordkeeping requirements concerning, firearms. (Sec. 305) Authorizes the Secretary to inspect or examine the inventory and records of a licensed dealer without reasonable cause or warrant as necessary to ensure compliance with Federal firearms provisions, to further a criminal investigation, or to determine the disposition of one or more particular firearms. (Sec. 306) Prohibits a licensed importer, manufacturer, or dealer from selling or delivering any handgun to any person who is not a licensed dealer at any place other than the location specified on the license of the transferor. (Sec. 307) Authorizes the Secretary to: (1) require a licensed dealer identified as the source of three or more firearms recovered by law enforcement officials in criminal investigations during a one-year period, or whom the Secretary has reason to believe is a source of firearms used in crimes, to produce any or all records of the acquisition and disposition of firearms; and (2) continue to impose such requirement until the Secretary determines that the dealer is not a source of firearms used in crimes. (Sec. 308) Authorizes any person suffering physical injury arising from a crime of violence in which a firearm that has been transferred by a licensed dealer to a convicted felon or a minor was used, to bring an action against the dealer who transferred the firearm knowing or having reasonable cause to believe that the recipient was prohibited from receiving it. Specifies that the defendant shall be held liable in tort, without regard to fault or proof of defect, for all direct and consequential damages arising from the crime of violence, with exceptions. Permits the court to award punitive damages. (Sec. 309) Requires: (1) a common or contract carrier that transports or delivers firearms in interstate or foreign commerce not less frequently than monthly to obtain from the Secretary a list of licensed dealers; and (2) the Secretary to provide to any such carrier, upon request and without charge, a list of licensed dealers and their license numbers. Prohibits knowingly delivering to any common or contract carrier for transportation or shipment in interstate or foreign commerce (currently, to persons other than licensed dealers) any package or other container in which there is a firearm or ammunition without: (1) written notice to the carrier that such firearm or ammunition is being transported or shipped, with exceptions (as under current law); and (2) written notice of the dealer's license number if the intended recipient of the package or container is a licensed dealer. Specifies that a common or contract carrier shall be considered to have cause to believe that a shipment of firearms would violate Federal firearms provisions if it fails to verify that the intended recipient is a licensed dealer. Title IV: Theft of Firearms - Requires each licensee to report to the Secretary and to the chief law enforcement officer of the locality in which the premises specified on the license is located any theft of firearms from the licensee as soon as practicable after discovery of the theft, but in no event later than the close of business on the licensee's first business day after discovering the theft. (Sec. 402) Sets penalties for the theft of firearms or explosives and for such thefts from a licensee. (Sec. 404) Requires licensed dealers to provide for security against theft of firearms from their business premises in accordance with regulations prescribed by the Secretary. Makes it a requirement for a dealer's license that the applicant has provided for such security against theft. Title V: Armed Felons - Bars: (1) an individual from applying for, and the Secretary from granting, relief from disabilities imposed by Federal firearms prohibitions; and (2) any person whose application for relief from such disabilities is denied by the Secretary from filing for judicial review of such denial. Requires the Secretary, when granting such relief, to include within the notice of action published in the Federal Register: (1) the name of the person; (2) the disability with respect to which the relief is granted (and, if the disability was imposed by reason of a criminal conviction of the person, the crime for which and court in which the person was convicted); and (3) the reason for the action. Revises Federal firearms provisions regarding the definition of "conviction" to specify that a State conviction that has been expunged or set aside, or for which a person has been pardoned or has had civil rights restored, shall not be considered to be a conviction for purposes of such provisions if: (1) it expressly authorizes the person to ship, transport, receive, and possess firearms; and (2) the granting State authority has expressly determined that the circumstances regarding the conviction and the person's record and reputation are such that the applicant will not be likely to act in a manner that is dangerous to public safety and the granting of the relief would not be contrary to the public interest. Makes such provision inapplicable to a conviction for a violent felony or serious drug offense. (Sec. 503) Applies an enhanced penalty for the use of a semiautomatic firearm during a crime of violence or a drug trafficking crime. (Sec. 504) Sets: (1) penalties for violation of Federal firearms laws in aid of drug trafficking; and (2) mandatory penalties for firearms possession by violent felons and serious drug offenders with previous convictions. Title VI: Violent Misdemeanants - Prohibits the disposal of firearms or ammunition to, or the receipt of firearms or ammunition by, persons convicted of a violent crime or subject to a protection order. Title VII: Ammunition - Requires a Federal license to deal in ammunition, with exceptions. Makes applicable to ammunition certain penalties imposed for firearms violations, including the interstate transportation of firearms and the possession of firearms in Federal facilities. (Sec. 702) Defines "armor piercing ammunition" to include a jacketed: (1) hollow point projectile that may be used in a handgun, the jacket of which is designed to produce, upon impact, evenly spaced sharp or barb-like projections that extend beyond the diameter of the unfired projectile; and (2) projectile that may be used in a handgun, the jacket of which has a weight of more than 25 percent of the total weight of the projectile.
Bill· SS. 622 (104th)referred
United States · United States Congress · 24 March 1995
Amends the Clean Air Act to revise provisions relating to rural transport areas. Treats rural or nonrural areas that do not contribute significantly to nonattainment as satisfying requirements for ozone nonattainment areas if the State makes implementation plan submissions required for Marginal nonattainment areas.
Bill· HRH.R. 1320 (104th)open
United States · United States Congress · 24 March 1995
Special Purpose Aircraft Safety Act of 1995 - Makes it unlawful, unless specifically authorized by the Administrator of the Federal Aviation Administration, for a person to operate or lease a U.S. registered aircraft with a maximum certificated take-off weight of 12,500 pounds or more, which has been issued a special purpose certificate, and which does not meet a minimum airworthiness code satisfying international agreements for international navigation of aircraft, if it is used for: (1) the carriage of cargo for compensation or hire; (2) non-special purpose operations; or (3) special purpose operations conducted outside of the United States. Sets forth certain exemptions to such prohibition. Establishes penalties for violations of this Act.
Bill· HRH.R. 1323 (104th)open
United States · United States Congress · 24 March 1995
Pipeline Safety Act of 1995 - Amends Federal natural gas and hazardous liquid pipeline safety transportation law to prohibit the Secretary of Transportation from promulgating any significant gas or hazardous liquid transportation safety standard or regulatory requirement unless he or she: (1) certifies that an analysis of risk reduction benefits and costs has been conducted based on objective and unbiased scientific and economic evaluations; (2) certifies that the incremental risk reduction or other benefits of any option chosen will be likely to justify, and be reasonably related to, the incremental costs incurred by Federal, State, local, and tribal governments and other public and private citizens; and (3) explains why other options identified were found either to be less cost-effective at achieving a substantially equivalent reduction in risk, or to provide less flexibility to State, local, or tribal governments or regulated entities in achieving the otherwise applicable objectives of such standard or requirement. (Sec. 3) Requires the Secretary, with respect to any significant standard or regulatory requirement, to submit any risk assessment documents and cost-benefit analyses for review by the Technical Pipeline Safety Standards Committee or the Hazardous Liquid Pipeline Safety Standards Committee, or both, and make them available to the public. Requires the Secretary to review the Committees' reports and recommendations with respect to their review and take appropriate action. (Sec. 4) Excludes from the meaning of the term "transporting gas" the gathering of gas (other than gathering through regulated gathering lines) in rural locations which are outside the limits of any incorporated or unincorporated city, town, or village, or any other designated residential or commercial area. (Sec. 5) Requires Federal minimum safety standards for pipeline transportation and pipeline facilities to include a requirement that all individuals who operate pipeline facilities be qualified to recognize and react to abnormal operating conditions that may indicate a dangerous situation or condition exceeding design limits. Requires the Secretary, when prescribing such minimum safety standards, to consider, among other things, the comments and recommendations of the Technical Pipeline Safety Standards and the Hazardous Liquid Pipeline Safety Standards Committees. Revises the prescriptions for minimum safety standards in new or replacement gas pipeline transmission facilities or hazardous liquid pipeline facilities or related equipment with respect to the accommodation of instrumented internal inspection devices ( "smart pigs"). Directs the Secretary, to the extent practicable, to update incorporated industry standards that have been adopted as part of the Federal pipeline safety regulatory program. (Sec. 6) Directs the Secretary to carry out a voluntary project under which owners and operators of pipeline facilities demonstrate applications of risk management. Authorizes the Secretary, during the demonstration period, to exempt owners and operators participating in the project from compliance with some or all of the safety standards that would otherwise apply under this Act. (Sec. 7) Eliminates the application of certain inspection and maintenance requirements to persons who transport gas or hazardous liquids. Repeals the requirement for pipeline facility inspections at least once every two years. Requires the Secretary to establish a mandatory, systematic, and, where appropriate, periodic inspection program of any pipeline facility crossing under, over, or through waters where a substantial likelihood of commercial navigation exists. (Currently this requirement applies to all navigable waters reardless of such likelihood.) (Sec. 8) Requires the Secretary to prescribe regulations that establish criteria by which operators of hazardous liquid pipeline facilities and gathering lines shall identify each hazardous liquid pipeline facility that crosses waters where a substantial likelihood of commercial navigation exits. (Currently this requirement applies to all navigable waters reardless of such likelihood.) Requires the Secretary, when identifying an area as unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident, to consider including intake locations of community water systems. Repeals the requirement to consider earthquake, landslide, and other substantial ground movement zones as unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident. (Sec. 9) Authorizes the Secretary to adopt industry accepted performance and manufacturing standards when developing standards for the performance of excess flow valves used to protect lines in a natural gas distribution system. (Sec. 11) Repeals the requirement for criminal penalties in regulations establishing a one-call notification system with respect to the safety of pipeline facilities. (Sec. 12) Requires the Technical Pipeline Safety Standards Committee and the Technical Hazardous Liquid Pipeline Safety Standards Committee to serve as peer review committees. Deems such service to be in compliance with the requirements of other applicable Federal statutes. Requires committee members to be experienced in risk management. Revises the composition of the committees. Requires at least one of the individuals selected for each committee from the natural gas or hazardous liquid industry and from the general public to have education, backgroud, or experience in risk assessment and cost-benefit analysis. Requires the Secretary, when giving each committee each standard proposed for transporting gas and hazardous liquid, and for gas and hazardous liquid pipeline facilities, to include a risk assessment document, cost-benefit, and other analyses supporting such standard. Requires each committee to meet with the Secretary at least four times (currently, twice) annually. (Sec. 13) Requires each owner or operator of a natural gas pipeline facility to provide a program for educating the public on, among other things, the use of damage prevention ("one-call") systems prior to excavation. Repeals the requirement for persons transporting gas to conduct public education programs. (Sec. 14) Authorizes the Secretary to enter into grants, cooperative agreements, and other transactions with any U.S. person, agency, or instrumentality, any State or local government, any educational institution, and any other entity to carry out pipeline safety programs, including the development, improvement, and promotion of "one-call" damage prevention programs, research, risk assessment, and mapping. (Sec. 15) Declares owners and operators of natural gas or hazardous liquid pipelines who have voluntarily participated in the risk management demonstration project to be in compliance with safety standards or regulatory requirements prescribed under such project. (Sec. 16) Subjects to civil and criminal penalties any person who knowingly and willfully excavates and subsequently damages a pipeline facility and does not report such damage promptly to the operator of the pipeline facility and other appropriate authorities. (Sec. 19) Authorizes appropriations.
Bill· HRH.R. 1321 (104th)referred
United States · United States Congress · 24 March 1995
TABLE OF CONTENTS: Title I: National Handgun Controls Title II: Tracing of Guns Used in Crimes Title III: Dealer Responsibility Title IV: Theft of Firearms Title V: Armed Felons Title VI: Violent Misdemeanants Title VII: Ammunition Handgun Control and Violence Prevention Act of 1995 - Title I: National Handgun Controls - Amends the Federal criminal code to prohibit the sale, delivery, or other transfer of a handgun to an individual not possessing a Federal firearms license unless the transferor has: (1) verified that the transferee possesses a valid State handgun license that meets specified minimum requirements by examining such license and a valid identification document containing a photograph of the transferee and by contacting the chief law enforcement officer of the State that issued the license to confirm that such license has not been revoked; and (2) provided to such officer of the State in which the transfer is to take place a completed State handgun registration form. Prohibits the sale, delivery, or other transfer of handgun ammunition to an individual not possessing a Federal firearms license unless the transferor has verified that the transferee possesses a valid State handgun license and prohibits such an individual from receiving a handgun or handgun ammunition unless the individual possesses a valid State handgun license. Sets forth: (1) minimum requirements to constitute a valid State handgun license; (2) procedures with respect to the issuance of such a license; and (3) penalties for violations of this title. Directs the Attorney General to make a grant to each State for the initial startup costs associated with establishing a system of licensing and registration. Authorizes appropriations. (Sec. 102) Prohibits any licensed dealer: (1) during any 30 day period, from selling two or more handguns to an unlicensed individual; or (2) from selling a handgun to an unlicensed individual who purchased a handgun during the 30 day period ending on the date of the sale. Permits the exchange of a handgun for a handgun. Prohibits an unlicensed individual from purchasing two or more handguns during any 30 day period. (Sec. 103) Prohibits engaging in the business of dealing in handguns without specific authorization. Directs the Secretary of the Treasury to authorize a licensed dealer (or applicant) to engage in the business of dealing in firearms if the dealer (or applicant) demonstrates that there is significant unmet lawful demand for handguns in the market area served by the dealer. Title II: Tracing of Guns Used in Crimes - Requires each licensee to provide all record information required to be kept, or such lesser information as the Secretary may specify, as may be required for determining the disposition of a firearm in the course of a law enforcement investigation. (Sec. 202) Requires the Director of the Bureau of Alcohol, Tobacco, and Firearms (BATF) to centralize all records of receipt and disposition of firearms obtained by the BATF, and maintain such records in whatever manner will enable their most efficient use in law enforcement investigations. (Sec. 203) Restates provisions regarding the interstate transportation of firearms to prohibit an unlicensed individual from transporting a firearm from one State into another State. (Sec. 204) Prohibits an unlicensed individual from receiving a firearm with intent to transfer the firearm for profit. Sets penalties for violations. (Sec. 205) Requires each licensed manufacturer to maintain records of the ballistics of handgun barrels made by the manufacturer and the serial numbers of such barrels and to make such records available to the Secretary. (Sec. 206) Directs the Secretary to establish in the BATF a National Firearms Tracing Center which shall be operated for the purpose of tracing the chain of possession of firearms and ammunition used in crimes. Authorizes appropriations. Title III: Dealer Responsibility - Requires compliance with State and local firearms licensing laws before issuance of a Federal firearms license. (Sec. 302) Requires that the background investigation of an applicant for a Federal firearms license include: (1) checking the applicant's fingerprints against all appropriate compilations of criminal records; and (2) inspection (by the Secretary) of the place at which the applicant is to conduct business pursuant to the license. Requires the applicant to have a business premises (currently, premises) from which to conduct such business. Extends the period for approving or denying the application. (Sec. 303) Increases license fees for dealers of firearms, destructive devices, or ammunition. (Sec. 304) Increases penalties for knowingly making false statements in connection with, or violating recordkeeping requirements concerning, firearms. (Sec. 305) Authorizes the Secretary to inspect or examine the inventory and records of a licensed dealer without reasonable cause or warrant as necessary to ensure compliance with Federal firearms provisions, to further a criminal investigation, or to determine the disposition of one or more particular firearms. (Sec. 306) Prohibits a licensed importer, manufacturer, or dealer from selling or delivering any handgun to any person who is not a licensed dealer at any place other than the location specified on the license of the transferor. (Sec. 307) Authorizes the Secretary to: (1) require a licensed dealer identified as the source of three or more firearms recovered by law enforcement officials in criminal investigations during a one-year period, or whom the Secretary has reason to believe is a source of firearms used in crimes, to produce any or all records of the acquisition and disposition of firearms; and (2) continue to impose such requirement until the Secretary determines that the dealer is not a source of firearms used in crimes. (Sec. 308) Authorizes any person suffering physical injury arising from a crime of violence in which a firearm that has been transferred by a licensed dealer to a convicted felon or a minor was used, to bring an action against the dealer who transferred the firearm knowing or having reasonable cause to believe that the recipient was prohibited from receiving it. Specifies that the defendant shall be held liable in tort, without regard to fault or proof of defect, for all direct and consequential damages arising from the crime of violence, with exceptions. Permits the court to award punitive damages. (Sec. 309) Requires: (1) a common or contact carrier that transports or delivers firearms in interstate or foreign commerce not less frequently than monthly to obtain from the Secretary a list of licensed dealers; and (2) the Secretary to provide to any such carrier, upon request and without charge, a list of licensed dealers and their license numbers. Prohibits knowingly delivering to any common or contract carrier for transportation or shipment in interstate or foreign commerce (currently, to persons other than licensed dealers) any package or other container in which there is a firearm or ammunition without: (1) written notice to the carrier that such firearm or ammunition is being transported or shipped, with exceptions (as under current law); and (2) written notice of the dealer's license number if the intended recipient of the package or container is a licensed dealer. Specifies that a common or contract carrier shall be considered to have cause to believe that a shipment of firearms would violate Federal firearms provisions if it fails to verify that the intended recipient is a licensed dealer. Title IV: Theft of Firearms - Requires each licensee to report to the Secretary and to the chief law enforcement officer of the locality in which the premises specified on the license is located any theft of firearms from the licensee as soon as practicable after discovery of the theft, but in no event later than the close of business on the licensee's first business day after discovering the theft. (Sec. 402) Sets penalties for the theft of firearms or explosives and for such thefts from a licensee. (Sec. 404) Requires licensed dealers to provide for security against theft of firearms from their business premises in accordance with regulations prescribed by the Secretary. Makes it a requirement for a dealer's license that the applicant has provided for such security against theft. Title V: Armed Felons - Bars: (1) an individual from applying for, and the Secretary from granting, relief from disabilities imposed by Federal firearms prohibitions; and (2) any person whose application for relief from such disabilities is denied by the Secretary from filing for judicial review of such denial. Requires the Secretary, when granting such relief, to include within the notice of action published in the Federal Register: (1) the name of the person; (2) the disability with respect to which the relief is granted (and, if the disability was imposed by reason of a criminal conviction of the person, the crime for which and court in which the person was convicted); and (3) the reason for the action. Revises Federal firearms provisions regarding the definition of "conviction" to specify that a State conviction that has been expunged or set aside, or for which a person has been pardoned or has had civil rights restored, shall not be considered to be a conviction for purposes of such provisions if: (1) it expressly authorizes the person to ship, transport, receive, and possess firearms; and (2) the granting State authority has expressly determined that the circumstances regarding the conviction and the person's record and reputation are such that the applicant will not be likely to act in a manner that is dangerous to public safety and the granting of the relief would not be contrary to the public interest. Makes such provision inapplicable to a conviction for a violent felony or serious drug offense. (Sec. 503) Applies an enhanced penalty for the use of a semiautomatic firearm during a crime of violence or a drug trafficking crime. (Sec. 504) Sets: (1) penalties for violation of Federal firearms laws in aid of drug trafficking; and (2) mandatory penalties for firearms possession by violent felons and serious drug offenders with previous convictions. Title VI: Violent Misdemeanants - Prohibits the disposal of firearms or ammunition to, or the receipt of firearms or ammunition by, persons convicted of a violent crime or subject to a protection order. Title VII: Ammunition - Requires a Federal license to deal in ammunition, with exceptions. Makes applicable to ammunition certain penalties imposed for firearms violations, including the interstate transportation of firearms and the possession of firearms in Federal facilities. (Sec. 702) Defines "armor piercing ammunition" to include a jacketed: (1) hollow point projectile that may be used in a handgun, the jacket of which is designed to produce, upon impact, evenly spaced sharp or barb-like projections that extend beyond the diameter of the unfired projectile; and (2) projectile that may be used in a handgun, the jacket of which has a weight of more than 25 percent of the total weight of the projectile.
Bill· SS. 604 (104th)open
United States · United States Congress · 23 March 1995
Amends Federal transportation law to exempt farmers or retail farm suppliers transporting agricultural commodities or farm supplies from requirements limiting the maximum driving and on-duty time for drivers used by motor carriers if such transportation occurs within a 100-air mile radius of the source of such commodities or the distribution point for such farm supplies.
Bill· SS. 606 (104th)referred
United States · United States Congress · 23 March 1995
Pipeline Safety Enhancement Act of 1995 - Amends Federal pipeline safety law to direct the Secretary of Transportation to prescribe minimum standards: (1) for toughness for new pipes installed in gas and hazardous liquid pipeline facilities (with particular attention to new pipes in high-density population areas); (2) that require the marking of pipelines in class three and four locations to identify hazardous liquid pipeline facilities and high-pressure pipelines; and (3) that require operators of gas or hazardous liquid pipeline facilities to conduct periodic inspections or tests for identifying damage caused by corrosion and other time-dependent damage that may be detrimental to the safe operation of the pipeline and necessitate remedial action, in order to determine the adequacy of such pipeline to operate at established maximum allowable operating pressure. Requires the Secretary to conduct biennial assessments of the aforementioned safety programs. Requires the Secretary to expedite the study by the Research and Special Programs Administration of the Department of Transportation concerning the methods to reduce public safety risks in the siting of pipeline facilities.
Bill· HRH.R. 1309 (104th)open
United States · United States Congress · 23 March 1995
Amends Federal transportation law to require the Secretary of Transportation to issue regulations requiring the use of child safety restraint systems on commercial aircraft. Expresses the sense of the Congress that the U.S. representative to the International Civil Aviation Organization should seek an international standard to require that airline passengers be restrained on takeoff and landing and when directed by the captain of such aircraft.
Bill· HRH.R. 1304 (104th)referred
United States · United States Congress · 23 March 1995
Deauthorizes the alteration of the Brightman Street Bridge drawspan, previously authorized as a feature of the project for navigation, Fall River Harbor, Massachusetts and Rhode Island, by specified provisions of the River and Harbor Act of 1968.
Bill· SS. 580 (104th)open
United States · United States Congress · 21 March 1995
TABLE OF CONTENTS: Title I: Illegal Immigration Control and Enforcement Title II: Illegal Immigration Incentive Reduction Title III: Enhanced Smuggling Control and Penalties Title IV: Admissions and Document Fraud Control Title V: Border Crossing User Fee Illegal Immigration Control and Enforcement Act of 1995 - Title I: Illegal Immigration Control and Enforcement - Part A: Increased Border Patrol, Support, Training, and Resources - Provides for: (1) increased Border Patrol personnel levels; (2) deployment in areas of high-illegal entry; (3) bilingual hiring preference; (4) improved training; and (5) technology and equipment transfer to the Department of Justice; and (6) land border infrastructure improvements. Part B: Expanded Border Inspection Personnel, Support, and Facilities - Provides for: (1) increased border inspection personnel levels; and (2) deployment in areas of high-illegal entry. Part C: Detention and Deportation - Amends the Immigration and Nationality Act (Act) to limit collateral attacks on deportation hearings. (Sec. 132) Permits the use of electronic and telephonic media in deportation hearings. (Sec. 133) Amends Federal criminal law to permit deportation as a condition of probation. Part D: Enhanced Criminal Alien Deportation and Transfer - Amends the Act to expand the definition of "aggravated felony." (Sec. 142) Restricts certain deportation defenses. (Sec. 144) Provides for judicial review of an alien convicted of an aggravated felony. (Sec. 145) Authorizes the Secretary of State, with the Attorney General, to negotiate agreements with foreign countries for home-country incarceration of aliens subject to U.S. deportation. Authorizes appropriations. (Sec. 147) Amends the Act to permit the use of videotaped witness testimony under specified circumstances in a case of bringing in and harboring certain illegal aliens. Title II: Illegal Immigration Incentive Reduction - Part A: Public Benefits Control - Authorizes States and localities to limit general public assistance to aliens or classes of aliens. (Sec. 212) Increases penalties for forging or counterfeiting the seal of a Federal department of agency to facilitate benefit fraud by an unlawful alien. (Sec. 213) Revises alien sponsorship and related provisions. (Sec. 214) Amends title XIX (Medicaid) of the Social Security Act to permit high illegal immigration States to place Medicaid anti-fraud investigators in State, county, and private hospitals. (Sec. 215) Directs the Attorney General to make grants to States for ports-of-entry benefits task force demonstration projects. Authorizes appropriations. Part B: Employer Sanctions Support - Authorizes the hiring of additional Immigration and Naturalization Service (INS) investigators and staff to enforce employer sanctions. (Sec. 222) Increases certain penalties for unlawful employment or related extortion of aliens. (Sec. 223) Amends the Internal Revenue Code to 1986 to require a person to have a social security number (and a spouse's number) in order to claim the earned income tax credit. (Sec. 225) Requires the Attorney General and the Secretary of Health and Human Services to develop and implement a counterfeit-resistant system to verify work and public assistance eligibility. Part C: Enhanced Wage and Hour Laws - Authorizes additional Department of Labor hiring to enforce employer wage and hour law sanctions. (Sec. 232) Authorizes the hiring of additional Assistant United States Attorneys to help preclude illegal immigration. Title III: Enhanced Smuggling Control and Penalties - Amends Federal criminal law to revise alien smuggling penalties. (Sec. 302) Amends the Act to expand INS forfeiture authority for smuggling or harboring illegal aliens. (Sec. 303) Amends Federal criminal law to authorize INS wiretaps for alien smuggling investigations. Title IV: Admissions and Document Fraud Control - Amends Federal criminal law to revise and increase document fraud penalties. Title V: Border Crossing User Fee - Establishes in the Treasury the Immigration Law Enforcement Fund. Imposes a $1 border crossing user fee.
Bill· HRH.R. 1282 (104th)referred
United States · United States Congress · 21 March 1995
Neighborhood Infrastructure Improvement and Inner City Job Creation Act - Directs the Secretary of Labor to make grants to eligible administrative entities for programs to provide employment opportunities to unemployed individuals through payments for labor and related costs associated with repair and renovation of essential community facilities. Makes an area eligible for such a program if it has a poverty rate above 30 percent and is: (1) a local government with a population of 50,000 or more; or (2) a Native American Indian tribe, band or group located on a Federal or State reservation, the Oklahoma Indians, and any Alaska Native village or group, having a governing body. Gives grant priority to administrative entities that assure giving priority to low-skilled workers as program participants. Requires eligible participants to have been unemployed for at least 15 weeks and have sought employment during that period. Makes secondary school-age individuals (16 to 20 years old) eligible only if they have not attended a secondary school at any time during the previous six months. Gives priority to individuals who have exhausted or are not eligible for unemployment insurance benefits, particularly those who have been unemployed for the longest periods. Authorizes appropriations.
Bill· SS. 563 (104th)referred
United States · United States Congress · 15 March 1995
Environmental Infrastructure Financing Act of 1995 - Amends the Internal Revenue Code to allow qualified recycling facilities to issue tax-exempt private activity bonds.
Bill· HRH.R. 1242 (104th)open
United States · United States Congress · 15 March 1995
Highway Mandates Repeal Act of 1995 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal provisions relating to the use of asphalt pavement containing recycled rubber.
Bill· HRH.R. 1203 (104th)referred
United States · United States Congress · 10 March 1995
Hazardous Materials Regulatory Relief Act of 1995 - Directs the Secretary of Transportation to exclude from specified Code of Federal Regulations hazardous material transportation requirements any cargo tank vehicle of 3500 gallons or less used to transport petroleum products in intrastate or interstate transportation within 100 air miles of the principal place of business of the owner or lessee of the vehicle.
Bill· HRH.R. 1187 (104th)open
United States · United States Congress · 9 March 1995
Pipeline Safety Act of 1995 - Amends Federal natural gas and hazardous liquid pipeline safety transportation law to exclude from the meaning of the term "transporting gas" the gathering of gas in rural locations which are outside the limits of any incorporated or unincorporated city, town, or village. (Sec. 4) Requires Federal minimum safety standards for pipeline transportation and pipeline facilities to: (1) include a requirement that all individuals who operate pipeline facilities be qualified to recognize and react to abnormal operating conditions that may indicate a dangerous situation or a condition exceeding design limits; and (2) be applied as mandatory requirements to owners and operators of regulated pipeline facilities only after certification by the Secretary of Transportation that their compliance is justified based on specified considerations. Repeals the current application of such minimum safety standards to transporters of gas and hazardous liquid. Requires the Secretary to establish by regulation a procedure for petitioning for reconsideration of any significant standard or group of closely related standards, including certain risk assessment and cost-benefit requirements. Requires the Secretary when prescribing pipeline safety standards to prepare a risk assessment document and conduct a cost-benefit analysis: (1) distinguishing scientific findings from other consideration; (2) discussing certain positive and negative data; and (3) listing alternative assumptions, inferences, or models. Requires the Secretary when prescribing pipeline safety standards to consider, among other things, the: (1) costs of compliance with the standard; and (2) recommendations of the Technical Pipeline Safety Standards Committee and the Hazardous Liquid Pipeline Safety Standards Committee. Directs the Secretary to prescribe minimum safety standards requiring replacement of an existing gas pipeline transmission facility, hazardous liquid pipeline facility, or equipment to be carried out in a way accommodating passage through the replacement facility or equipment of an instrumented internal inspection device ("smart pig"). Directs the Secretary, to the extent practicable, to keep current industry standards that have been adopted as part of the federal pipeline safety regulatory program. (Sec. 5) Directs the Secretary to establish a voluntary demonstration project under which owners and operators of pipeline facilities may submit for approval Risk Management Plans in lieu of complying with regulations that would otherwise apply under this Act. (Sec. 6) Authorizes the Secretary to adopt current standards or guidelines published by the National Fire Protection Association when prescribing minimum safety standards for new liquefied natural gas pipeline facilities. (Sec. 7) Eliminates the application of certain inspection and maintenance requirements for persons who transport gas or hazardous liquids. Eliminates the requirement that the Secretary inspect a pipeline facility at least once every two years. (Sec. 8) Requires the Secretary, when identifying an area as unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident, to limit consideration to areas of critical biological or ecological resources and community water systems. (Sec. 9) Authorizes the Secretary to adopt industry accepted performance and manufacturing standards when developing standards for the performance of excess flow valves used to protect lines in a natural gas distribution system. (Sec. 10) Revises the requirement that the Secretary, when deciding whether a pipeline facility is hazardous to life and property, consider the proximity of the area in which the hazardous liquid pipeline facility is located to environmentally sensitive areas. Changes the standard from "environmentally sensitive" to "unusually sensitive to environmental damage." (Sec. 11) Revises the requirement that the Secretary prescribe regulations requiring an operator of a natural gas distribution pipeline that does not maintain customer-owned natural gas service lines up to building walls to advise its customers of certain maintenance information. Limits such requirement to operators that do no maintain underground lines up to building walls. (Sec. 13) Requires the Technical Pipeline Safety Standards Committee and the Technical Hazardous Liquid Pipeline Safety Standards Committee of the Department of Transportation to serve as "peer review" committees. Declares that such service shall be deemed in compliance with the requirements of other applicable Federal statutes. Requires committee members to be experienced in risk management. Revises the composition of the committees. Requires at least one of the individuals selected for each committee from the natural gas or hazardous liquid industry and from the general public to have education, background, or experience in risk assessment and cost- benefit analysis. Requires the Secretary, when giving to each committee each standard proposed for transporting gas and hazardous liquid, and for gas and hazardous liquid pipeline facilities, to include a risk assessment document, cost-benefit, and other analyses supporting such standard. Requires each committee to meet with the Secretary at least four times (currently, twice) annually. Requires certain committee members to serve for a term of no more than 36 months. (Sec. 14) Requires each person who transports gas to provide a program for educating the public on, among other things, the use of damage prevention ("one-call") systems prior to excavation. (Sec. 15) Requires the Secretary to allow owners and operators of natural gas or hazardous liquid pipelines who have voluntarily developed risk management plans meeting certain requirements to opt to follow those plans. (Sec. 16) Authorizes appropriations.
Bill· SS. 517 (104th)referred
United States · United States Congress · 8 March 1995
Metropolitan Washington Airports Authority Amendments Act of 1995 - Amends the Metropolitan Washington Airports Act of 1986 to abolish the Board of Review of the Metropolitan Washington Airports Authority. (Sec. 3) Increases from one to seven the number of persons on the board of directors of the Metropolitan Washington Airports Authority whom the President must appoint with the advice and consent of the Senate. Requires ten votes (currently, seven) to approve bond issues and the annual budget. Staggers the terms of presidential appointees to the board of directors. (Sec. 4) Ratifies and deems valid any action taken by the Board of Review prior to the amendments made by this Act. (Sec. 5) Requires the board of directors, including any members appointed under this Act, to continue to meet and act until necessary conforming changes in State law are made in order that the reconstituted board functions without interruption. (Sec. 6) Declares that nothing in this Act shall affect the treatment of the Airports Authority under Federal, State, or local tax law. (Sec. 7) Requires the Secretary of Transportation to appoint an advisory group of three non-Federal individuals to review: (1) the lease arrangements of Metropolitan Washington Airports with the Airports Authority; and (2) any renegotiation of such lease, including subleases, any change in the lease terms or conditions, and the amount of any payments made or received under it. Requires such lease to provide for the Airports Authority to pay to the Airport and Airway Trust Fund (currently, to the general fund of the Treasury) a specified annual amount.
Bill· HRH.R. 1173 (104th)open
United States · United States Congress · 8 March 1995
Prohibits the expenditure of Federal funds for constructing, erecting, or modifying highway signs expressed only in metric system measurements.
Bill· HRH.R. 1164 (104th)referred
United States · United States Congress · 8 March 1995
Directs the Secretary of Transportation to convey all right, title, and interest of the United States in Light Station Montauk Point, New York, to the Montauk Historical Association, New York.
Bill· HRH.R. 1151 (104th)open
United States · United States Congress · 7 March 1995
TABLE OF CONTENTS: Title I: Authorizations Title II: Personnel Management Amendments Title III: Navigation Safety and Waterway Services Management Title IV: Marine Safety and Environmental Protection Title V: Establishment of Alternate Convention Tonnage (ITC) Thresholds Title VI: Miscellaneous Amendments Title VII: State Recreational Boating Safety Funding Title VIII: Personnel Management Improvement Title IX: Navigation Safety and Waterway Services Management Title X: Marine Safety Management Improvements Title XI: Coast Guard Regulatory Reform Title XII: Law Enforcement Enhancement Title XIII: Coast Guard Auxiliary Amendments Coast Guard Authorization Act for Fiscal Years 1996 and 1997 - Title I: Authorizations - Authorizes appropriations for the Coast Guard for FY 1996 and 1997 for: (1) operation and maintenance; (2) acquisition, construction, renovation, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, testing, and evaluation; (4) retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; (5) alteration or removal of bridges; and (6) environmental compliance and restoration at Coast Guard facilities. Amends Federal law to authorize the funding of highway bridges that are determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act from amounts set aside from the discretionary bridge program. Limits the amounts available in specified fiscal years. (Sec. 102) Authorizes Coast Guard end-of-year strength and military training student loads. Title II: Personnel Management Amendments - Amends Federal law to authorize the Coast Guard Commandant to require that Coast Guard and Coast Guard Reserve personnel (including cadets and applicants) request that all information on the individual in the National Driver Register be made available to the Commandant. (Sec. 202) Amends Federal law relating to the Coast Guard to clarify that provisions mandating confidentiality of medical quality assurance records applies to activities before, on, and after the date the confidentiality requirements were enacted. Shields from civil liability an individual who in good faith provides information to a person (currently, to an individual) that reviews or creates quality assurance records. (Sec. 203) Authorizes the Commandant to enter into personal services and other contracts to provide health care to Coast Guard personnel and covered beneficiaries. (Sec. 204) Amends the National Defense Authorization Act for Fiscal Year 1995 to prohibit providing, by grant or contract, any Department of Transportation funds to any higher education institution that prevents campus military recruiting. Title III: Navigation Safety and Waterway Services Management - Amends the Inland Navigational Rules to modify specified rules. (Sec. 302) Amends Federal law to declare that: (1) provisions relating to recreational boating safety do not apply to an undocumented barge numbering system established under specified provisions; and (2) the system and the issuing authority for the system shall be determined by regulations promulgated by the head of the department in which the Coast Guard is operating. (Sec. 303) Amends the Inland Navigational Rules Act of 1980 to extend the termination date of the Navigation Safety Advisory Council. (Sec. 304) Amends Federal law to extend the termination date of the Commercial Fishing Industry Vessel Advisory Committee. Title IV: Marine Safety and Environmental Protection - Amends Federal law to declare that provisions relating to court sales of documented vessels do not apply to a documented vessel that has been operated only as a fishing vessel, a fish processing vessel, a fish tender vessel, or a documented vessel operated only for pleasure. (Sec. 402) Amends the Ports and Waterways Safety Act to prohibit general or public disclosure or inspection of information regarding security for passenger vessels or passenger terminals authorized under the Act. (Sec. 403) Amends Federal law to impose a civil penalty for failing to implement or conduct drug or alcohol testing prescribed by provisions relating to vessels and seamen or prescribed by the head of the department in which the Coast Guard is operating. (Sec. 404) Amends Federal law relating to transportation of hazardous material, the Ports and Waterways Safety Act, the Inland Navigational Rules Act, and Federal law relating to carriage of liquid bulk dangerous cargoes to mandate refusal or revocation of customs clearance to leave a port or a permit (under the Tariff Act of 1930) to depart if there is reasonable cause to believe that the owner, operator, or person in charge of a vessel may be subject to various penalties or fines under those Acts. (Sec. 405) Allows evaluation (notwithstanding specified provisions) of the service of an applicant for a license, certificate of registry, or merchant mariner's document by using the tonnage on which service was acquired. (Sec. 406) Amends Federal law to increase the penalties for failing to report a marine casualty or violating small vessel manning provisions. Title V: Establishment of Alternate Convention Tonnage (ITC) Thresholds - Amends Federal law relating to measurement of vessels to authorize the head of the department in which the Coast Guard is operating to prescribe, where a statute allows, an alternate tonnage. (Sec. 502) Allows alternate tonnage measurement by amending the Longshore and Harbor Workers Act, the Vessel Bridge-to-Bridge Radiotelephone Act, the Port and Tanker Safety Act, the Merchant Marine Act, 1920, the Maritime Education and Training Act of 1980, and numerous provisions of Federal law relating to vessels and seamen. Title VI: Miscellaneous Amendments - Amends the Magnuson Fishery Conservation and Management Act to define "vessel subject to the jurisdiction of the United States" as the term is defined in the Maritime Drug Law Enforcement Act. Makes it: (1) unlawful for any person on a vessel of the United States or subject to U.S. jurisdiction to engage in large-scale driftnet fishing beyond the Exclusive Economic Zone (EEZ) of any nation or within the U.S. EEZ; (2) a rebuttable presumption that any vessel in such areas with gear capable of use for that type of fishing is engaged in such fishing. (Sec. 602) Amends Federal law to allow the sale, by a modified negotiated sale, of recyclable Coast Guard materials when the estimated proceeds will not exceed a specified amount. (Sec. 603) Amends the Communications Act of 1934 to require ships of a certain tonnage to have a radio station complying with the International Convention for the Safety of Life at Sea. Ends certain exemptions from that requirement. Modifies the authority of the Federal Communications Commission (FCC) to exempt ships. Removes provisions allowing exemptions related to unforeseeable equipment failures and radio direction finding apparatus requirements. Specifies the FCC's authorities regarding ship radio installations for passenger and cargo vessels. Removes provisions relating to: (1) technical requirements of equipment on radiotelephone equipped ships; (2) survival craft; (3) approval of installations by the FCC; (4) safety information; and (5) master's control over operations. Title VII: State Recreational Boating Safety Funding - Amends Federal law (popularly known as the Federal Aid in Fish Restoration Act, the Fish Restoration and Management Projects Act, and the Dingell-Johnson Sport Fish Restoration Act) to mandate the distribution from the Sport Fish Restoration Account of certain amounts in specified fiscal years for grants under the Clean Vessel Act of 1992 and State recreational boating safety programs. Authorizes the head of the department in which the Coast Guard is operating to spend, under contracts with States, certain amounts for State recreational boating safety programs. Authorizes appropriations. Title VIII: Personnel Management Improvement - Amends Federal law to allow the Coast Guard to expend operating funds for recruiting. (Sec. 802) Authorizes the head of the department in which the Coast Guard is operating to make child development services available for members of the armed forces and Federal civilian employees. Authorizes expenditures. (Sec. 803) Declares that provisions of the National Defense Authorization Act for Fiscal Year 1993 relating to homeowners' assistance for individuals affected by hurricane Andrew apply to Coast Guard military personnel in the vicinity of Homestead Air Force Base, Florida. Requires that Coast Guard funds, limited in amount, be used. (Sec. 804) Amends Federal law relating to continuation of Coast Guard captains on active duty to remove provisions requiring dissemination to the service at large of the names of those selected for continuation. (Sec. 805) Prohibits counting, in computing authorized strength, Coast Guard Ready Reserve members ordered to active duty in an emergency. (Sec. 806) Requires lieutenants, selected for separation for failure of promotion and then selected (for the needs of the service) for continuation for two to four years, to further continue until they have completed 20 years of service if they have completed at least 18 years of service on the date specified for discharge. (Sec. 807) Authorizes the Coast Guard Commandant to: (1) obtain research on personnel resource and training needs; and (2) employ special programs for recruiting women and minorities, including using grants, cooperative agreements, and contracts. Terminates this authority on a specified date. Title IX: Navigation Safety and Waterway Services Management - Amends Federal law to remove provisions relating to fees for certain foreign vessel inspection. (Sec. 902) Amends Federal law relating to documentation of vessels to increase civil penalties for violations. Allows seizure and forfeiture of a documented vessel placed under the command of a non-U.S. citizen. (Sec. 903) Requires documented uninspected fishing vessels, fish processing vessels, and fish tender vessels to be operated by an individual licensed to operate that type of vessel. (Sec. 904) Amends the Outer Continental Shelf Lands Act to mandate a civil penalty for failure to comply with or violation of a regulation issued under the Act. (Sec. 905) Amends Federal law to authorize the head of the department in which the Coast Guard is operating to conduct informal investigations of marine casualties. Makes opinions, recommendations, deliberations, and conclusions in a report of a marine casualty investigation inadmissible as evidence and not subject to discovery in any civil, administrative, or State criminal proceeding arising from a marine casualty without the consent of the Secretary of Transportation. Title X: Marine Safety Management Improvements - Amends Federal law relating to uninspected commercial fishing industry vessels to add a requirement that vessels that operate beyond three miles from the coastline of the Great Lakes be equipped with alerting and locating equipment, including emergency position indicating radio beacons. (Sec. 1002) Declares that a person commits a class D felony if the person services or alters lifesaving, fire safety, or any other equipment subject to provisions relating to inspection and regulation of vessels so that the equipment is so defective as to be insufficient for its purpose. (Sec. 1003) Adds a requirement that, in order to be eligible for documentation, a vessel must be over a specified length. Title XI: Coast Guard Regulatory Reform - Coast Guard Regulatory Reform Act of 1995 - Authorizes the head of the department in which the Coast Guard is operating (the Secretary), in order to implement the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organization and to establish voluntary alternative compliance programs, to prescribe regulations governing the U.S. merchant marine, merchant marine personnel, and shore-based management of vessels. (Sec. 1103) Authorizes the Secretary, in carrying out provisions relating to inspection and regulation of vessels, to use reports, documents, and certificates issued by persons the Secretary determines may be relied on regarding marine safety, security, and environmental protection. (Sec. 1104) Authorizes the Secretary to accept certain approvals of fire and life safety equipment and materials by foreign governments. (Sec. 1105) Modifies the required inspection frequency of specified types of vessels. (Sec. 1106) Eliminates the maximum time limit before an inspection certificate expires that the Secretary must be notified that inspection will be required or the vessel will not be operated so as to require inspection. (Sec. 1107) Allows the use of the American Bureau of Shipping or other classification society (currently, or a similar U.S. classification society) in connection with conducting and certifying vessel inspections. Title XII: Law Enforcement Enhancement - Amends Federal criminal law to make it unlawful to: (1) fail to land an aircraft or bring to a vessel of the United States or a vessel subject to U.S. jurisdiction on order of a Federal law enforcement officer; or (2) resist vessel boarding, arrest, or other law enforcement action authorized by Federal law. Allows a foreign nation to consent or waive objection to enforcement of U.S. law by radio, telephone, or similar oral or electronic means. Mandates imprisonment and fines for violation and authorizes aircraft and vessel seizure and forfeiture and liability in rem. (Sec. 1202) Amends Federal transportation law to require revocation of an aircraft's registration and the airman certificate of any person on failure to land. (Sec. 1203) Amends Federal law to authorize the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests regarding U.S. law violations aboard any aircraft subject to U.S. jurisdiction. (Sec. 1204) Imposes a civil penalty upon a person, and in rem liability of a vessel or aircraft, for violations. (Sec. 1205) Amends provisions of the Tariff Act of 1930 relating to boarding vessels to define "authorized place" with respect to vehicles and aircraft. (Sec. 1206) Mandates a civil penalty for a person, makes an aircraft liable in rem, and provides for seizure, forfeiture, and sale of an aircraft for failure to comply with an order of a Federal law enforcement officer to land. Title XIII: Coast Guard Auxiliary Amendments - Amends Federal law to specify the Coast Guard Commandant's authorities regarding the Coast Guard Auxiliary. Deems the Auxiliary a U.S. instrumentality except when it acts outside its legislated purpose or forms a corporation under State law. (Sec. 1302) Declares that the Auxiliary's purpose is to assist the Coast Guard. (Sec. 1403 (sic)) Declares that Auxiliary members are not Federal employees except for certain situations. (Sec. 1304) Removes the word "specific" from provisions: (1) authorizing the use of Coast Guard appropriations for certain expenses of Auxiliary members assigned to authorized specific duties; and (2) relating to assignment of Auxiliary members to specific duties and related vesting in the Auxiliary members of the same power and authority as members of the regular Coast Guard assigned to similar duty. (Sec. 1305) Authorizes the Coast Guard to use Auxiliary members and facilities in assisting Federal agencies, States, Territories, possessions, or political subdivisions. (Sec. 1306) Deems motorboats, yachts, or aircraft, while assigned to Coast Guard duty, to be public vessels of the United States and vessels of the Coast Guard or Coast Guard aircraft. Deems (subject to specified provisions) Auxiliary pilots to be Coast Guard pilots. (Sec. 1308) Authorizes disposal of obsolete or unneeded Coast Guard material to the Auxiliary.
Resolution· HRESH.Res. 107 (104th)passed
United States · United States Congress · 6 March 1995
Makes amounts available for expenses, including expenses of staff salaries, consultant services, and staff training, of the following committees of the House of Representatives in the 104th Congress: (1) Agriculture; (2) Banking and Financial Services; (3) Budget; (4) Commerce; (5) Economic and Educational Opportunities; (6) Government Reform and Oversight; (7) House Oversight; (8) Permanent Select Committee on Intelligence; (9) International Relations; (10) Judiciary; (11) National Security; (12) Resources; (13) Rules; (14) Science; (15) Small Business; (16) Standards of Official Conduct; (17) Transportation and Infrastructure; (18) Veterans' Affairs; and (19) Ways and Means. Sets forth first and second session limitations on such amounts.
Bill· SS. 496 (104th)referred
United States · United States Congress · 3 March 1995
Amends the Metropolitan Washington Airports Act of 1986 to abolish the Board of Review of the Metropolitan Washington Airports Authority. Requires certain Airports Authority decisions to remain in effect and not be set aside solely by reason of a judicial order invalidating certain functions of the Board of Review.