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293 records in US in 1995
United States · United States Congress · 20 January 1995
States Rights Empowerment Act of 1995 - Repeals provisions requiring the withholding of certain Federal aid highway funds for noncompliance by States with: (1) a program requiring the use of safety belts and motorcycle helmets; (2) national maximum speed limit provisions; and (3) a minimum drinking age of 21 requirement.
United States · United States Congress · 19 January 1995
Independent Federal Aviation Administration Act - Establishes as an independent Federal agency the Federal Aviation Administration (Administration). Declares that the Administration shall be administered by an Administrator appointed by the President to a five-year term, by and with the advice and consent of the Senate. 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.
United States · United States Congress · 19 January 1995
Amends provisions of the Clean Air Act relating to rural transport areas to treat rural or nonrural areas as satisfying requirements for ozone nonattainment areas if the State makes implementation plan submissions applicable to Marginal nonattainment areas and if sources of volatile organic compound (and, where relevant, nitrogen oxides) emissions within such areas do not contribute to more than 35 percent of the ozone concentrations in such areas or in other areas.
United States · United States Congress · 19 January 1995
Amends Federal law to apply certain minimum safety standards uniformly to all air carrier operations, regardless of the seating or payload capacity of the aircraft involved. Authorizes the Administrator of the Federal Aviation Administration to prescribe alternative safety standards for the operation of aircraft of a type: (1) approved for transportation of no more than nine passengers (exclusive of flight crew); (2) approved for transportation of no more than 30 passengers (exclusive of flight crew), if such aircraft is not used for scheduled air transportation; and (3) designed for transportation of no more than 19 passengers (exclusive of flight crew) for which application for design approval was made before February 17, 1987. States that alternative standards of the third kind may be prescribed only for specific areas found necessary because the aircraft's approved design makes compliance with one or more of the uniform standards impossible.
United States · United States Congress · 19 January 1995
Marion Malley Walsh Drunk Driving Act of 1995 - Provides for the transfer of apportionments of Federal highway funds to highway safety programs for noncompliance with this Act. Specifies that a State meets the requirements of this Act if it has enacted and is enforcing a law that provides for four or more of the following: (1) any individual with a blood alcohol concentration of .08 percent or greater when driving a motor vehicle shall be deemed to be driving while under the influence of alcohol; (2) any individual under age 21, driving with a blood alcohol concentration of .02 percent or greater, shall be deemed to be driving while under the influence of alcohol, and a blood alcohol content of at least .02 percent, but less than .08 percent, will be punishable by a fine of up to $500 and a six-month driver's license suspension; (3) if an individual's license has been suspended or revoked for an alcohol-related offense and the individual is thereafter caught driving, the vehicle the individual is driving will be immediately impounded or immobilized for 30 days; (4) establishment of an expedited driver's license suspension or revocation system for persons who operate motor vehicles while under the influence of alcohol; and (5) establishment and maintenance of a graduated licensing program for drivers under age 21.
United States · United States Congress · 18 January 1995
Delays the effective date for imposition of penalties upon States that do not have in effect safety belt and motorcycle helmet traffic safety programs. Exempts a State from certain penalties for failing to meet requirements relating to motorcycle helmet laws if the State has in effect a motorcycle safety program.
United States · United States Congress · 18 January 1995
Infrastructure Protection Act of 1995 - Prohibits the receipts and disbursements of the Highway Trust Fund (for both the Federal aid highway program and the Mass Transit Account), the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund which are allocable to the transportation-related operations of such Funds from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such Trust Funds from any general statutory budget limitation.
United States · United States Congress · 17 January 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.
United States · United States Congress · 17 January 1995
Airfare Advertising Reform Act of 1995 - Amends the Federal Trade Commission Act to direct the Federal Trade Commission (FTC) to prevent domestic and foreign air carriers from disseminating false, misleading, or deceptive advertisements. Amends Federal transportation law to prohibit the Secretary of Transportation from taking action with respect to deceptive advertisements committed by such carriers if such violation also constitutes a violation under the Federal Trade Commission Act and this Act. Requires the FTC to issue a final rule which at least requires: (1) disclosure of restrictions; (2) inclusion of other costs of transportation in the advertised rate; and (3) disclosure of the number of seats involved.
United States · United States Congress · 13 January 1995
Humanitarian Aid Corridor Act - Prohibits funds for foreign assistance from being made available for any country whose government prohibits or restricts the transport or delivery of U.S. humanitarian assistance. Waives such prohibition if the President notifies the Congress that providing such assistance is in the national security interest. Provides for a resumption of assistance when the President certifies to the Speaker of the House and the Senate Foreign Relations Committee that such country is no longer prohibiting or restricting such transports or deliveries.
United States · United States Congress · 13 January 1995
Metropolitan Airport Noise Reduction Act - Amends Federal transportation law to define "nonmetropolitan airport" to mean an airport serving an area with a population of less than 1 million individuals. Exempts metropolitan airports from the program for the review of airport noise and access restrictions. Requires the application for a waiver of compliance with Stage 3 noise levels to contain assurances that operations of aircraft which do not so comply will not be concentrated at one or more airports. Prohibits an airport noise or access restriction on the operation of Stage 2 or Stage 3 aircraft to or from an airport in effect on November 5, 1990, from being modified, superseded, or repealed to make such restriction less stringent.
United States · United States Congress · 11 January 1995
Provides that States shall not be required to implement enhanced vehicle inspection and maintenance programs under provisions of the Clean Air Act pertaining to Serious, Extreme, and Severe ozone nonattainment areas and ozone transport regions before two years after this Act's enactment date.
United States · United States Congress · 9 January 1995
Directs the Secretary of Transportation to carry out a highway project to complete construction of the Hubbard Expressway in the vicinity of Youngstown, Ohio. Authorizes appropriations.
United States · United States Congress · 9 January 1995
Directs the Secretary of Transportation to conduct and report to the Congress on a study of methods to reduce accidents on Federal-aid highways caused by drivers falling asleep while operating a commercial motor vehicle used to transport freight.
United States · United States Congress · 9 January 1995
Constitutional Amendment - Prohibits Federal outlays of operating funds from exceeding receipts to such funds for any fiscal year plus any operating fund balances carried over from previous fiscal years. Waives such prohibition: (1) when a declaration of war is in effect; (2) when the United States by law is engaged in military conflict; or (3) if economic growth has been or will be negative for two consecutive quarters. Requires the President to propose a budget in accordance with this Act. Declares that total receipts exclude those derived from net borrowing. Declares that total outlays excludes those for repayment of debt principal and for capital investments in physical infrastructure that provide long-term economic returns but includes an annual debt servicing charge. Provides that the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall not be counted as receipts or outlays.
United States · United States Congress · 5 January 1995
Grand Canyon Public-Private Partnership Act - Directs the Secretary of the Interior to authorize the Superintendent of the Grand Canyon National Park to: (1) charge and collect, in addition to the entrance fee, a surcharge in an amount not to exceed $2 for each individual charged the fee; and (2) remit the surcharge to the special account for the Grand Canyon National Park infrastructure improvement established by this Act. Authorizes the National Park Foundation to provide funds from the special account to the Secretary of the Interior, acting through the Director of the National Park Service, to be used to pay the Federal share of the cost of eligible projects such as the design, construction, operation, maintenance, repair, or replacement of a facility within the Park that meets specified guidelines. Requires the Director to enter into a cost-sharing agreement with a non-Federal entity for each eligible project for which funds are provided under this Act. Requires the Secretary to report to the Congress on the Park infrastructure improvement.
United States · United States Congress · 5 January 1995
TABLE OF CONTENTS: Title I: Storage and Disposal Title II: Transportation and State Relations Title III: Funding and Organization Title IV: General and Miscellaneous Provisions Title V: Nuclear Waste Technical Review Board Nuclear Waste Policy Act of 1995 - Title I: Storage and Disposal - Instructs the Secretary of Energy to construct and operate an interim storage facility for high-level radioactive waste and spent nuclear fuel at the Yucca Mountain site. Prescribes guidelines for: (1) the Nuclear Regulatory Commission (NRC) to license the facility for an initial term of 100 years; and (2) the Secretary to implement site characterization activities at the Yucca Mountain site, with a view to making it a permanent repository. (Sec. 103) Withdraws the Yucca Mountain site from all forms of entry, appropriation, and disposal under the public land laws, including mineral leasing, geothermal leasing, material sale, and mining laws. Title II: Transportation and State Relations - Directs the Secretary to: (1) design and procure multipurpose canister systems for holding spent nuclear fuels during interim storage, transportation, and disposal; and (2) construct and operate the requisite railroad facilities to transport spent nuclear fuel and high-level radioactive waste from existing rail systems to the interim storage facility and repository. (Sec. 203) Prescribes transportation requirements, including package certification and State notification and consultation. Title III: Funding and Organization - Authorizes the Secretary to enter into contracts according to prescribed guidelines with any person who generates or holds title to high-level radioactive waste, or spent nuclear fuel, of domestic origin for the acceptance of title, subsequent transportation, and disposal. (Sec. 302) Establishes: (1) the Nuclear Waste Fund within the Department of the Treasury to pay for radioactive waste disposal activities; and (2) the Office of Civilian Radioactive Waste Management within the Department of Energy. (Sec. 305) Instructs the Secretary to: (1) determine the appropriate portion of the cost of managing high-level radioactive waste and spent nuclear fuel allocable to the permanent disposal of high-level radioactive waste from atomic energy defense activities; and (2) request annual appropriations from general revenues sufficient to pay the full cost of the permanent waste disposal in the repository from such activities. Authorizes appropriations. Title IV: General and Miscellaneous Provisions - Provides for judicial review of agency actions under this Act. (Sec. 404) Prescribes guidelines for NRC hearings on licensing facility expansions and transshipments. (Sec. 405) Prohibits the Secretary from conducting site-specific activities regarding a second repository unless the Congress has specifically authorized and appropriated funds for such activities. Requires the Secretary to report to the President and the Congress on the need for a second repository. (Sec. 406) Directs the NRC to promulgate regulatory guidelines for: (1) the financial arrangements for low-level radioactive waste site closures; and (2) the training and qualifications of civilian nuclear powerplant personnel. Title V: Nuclear Waste Technical Review Board - Establishes the Nuclear Waste Technical Review Board as an independent establishment within the executive branch to evaluate the technical and scientific validity of certain activities, including: (1) site characterization; and (2) the packaging and transportation of high-level radioactive waste or spent nuclear fuel. (Sec. 510) Terminates the Board one year after the Secretary begins disposal in the repository of high-level radioactive waste or spent nuclear fuel.
United States · United States Congress · 5 January 1995
Comprehensive One-Call Notification Act of 1995 - Directs: (1) the Secretary of Transportation to provide for the establishment of a nationwide toll-free telephone number system to be used by State one-call notification systems; and (2) each State to consider whether to adopt a comprehensive statewide one-call notification program as described in this Act to protect underground facilities from damage due to excavation. Sets forth provisions regarding program elements, including 24-hour coverage for emergency excavation, effective mechanisms for penalties and enforcement, a fair schedule of fees to cover the costs of providing for, maintaining, and operating the State program, and an opportunity for citizen suits to enforce such program. Requires States to consider establishing specified civil penalties for violations by excavators or facilitiy operators. Requires the Secretary to: (1) make grants to States, or to operators of one-call notification systems in such States, to establish and maintain a State program pursuant to this Act; (2) review and report to the Congress on the extent to which any policies, programs, and procedures of the Department of Transportation (DOT) could be used to achieve the purposes of this title; (3) develop and make available to States a model State program; and (4) consult with other agencies as to the availability and affordability of technologies which will help relocate pipelines from above-ground and remote locations.
United States · United States Congress · 5 January 1995
Pipeline Safety Improvement Act of 1994 - Amends the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 to authorize the Secretary of Transportation to recover from any person engaged in the transportation of gas or hazardous liquids, or from the owner or operator of pipeline facilities, the costs incurred in: (1) investigating an accident; and (2) overseeing the person's response to the accident. Sets a limit upon the amounts recoverable. Authorizes the Secretary to make grants to: (1) the States for the development and establishment of a one-call notification system; and (2) one-call notification systems for promoting their use. Prescribes guidelines under which the Secretary may develop an electronic data base on pipeline facilities in order to facilitate risk assessment and safety planning. Authorizes appropriations. Directs the Federal Energy Regulatory Commission to review its practices and guidelines for siting natural gas interstate transmission facilities in urban areas in order to determine whether changes are needed in route selection and right-of-way widths. Authorizes appropriations. Instructs the Secretary to make educational information available to local governments over whose lands pass: (1) natural gas interstate transmission facilities; and (2) hazardous liquid interstate pipeline facilities. Authorizes appropriations. Prohibits excavation and solid waste disposal activity within pipeline rights-of-way, or within a limited area in the vicinity of an interstate pipeline facility. Modifies the deadline for the Secretary to issue regulations for periodic pipeline inspections by instrumented internal inspection devices (smart pigs). Instructs the Secretary to prescribe a schedule for such inspections. Requires the owner or operator of an interstate transmission facility to notify annually all residents within certain distances of such facility of procedures for reporting instances of dumping and excavation. Directs the Secretary to develop public service announcements governing pipeline safety. Directs the Secretary to promulgate regulations requiring the use of remotely or automatically controlled valves for shutting off gas flow in the event of an accident or a loss of the primary power source. Requires the owner or operator of certain pipelines to obtain baseline pipeline safety information through the use of smart pigs.
United States · United States Congress · 5 January 1995
Repeals provisions establishing a national maximum speed limit.
United States · United States Congress · 5 January 1995
Comprehensive One-Call Notification Act of 1995 - Directs the Secretary of Transportation to provide for the establishment of a nationwide toll-free telephone number to be used by State one-call (call before you dig) notification systems. Requires each State to consider whether to adopt a comprehensive statewide one-call notification program containing all elements required under this Act. Outlines required elements of the program, including prior notification of any intended excavations and its application to all excavators and underground facility operators. Provides an exception. Provides penalties for violations of the requirements of the program, as well as enforcement procedures. Directs the Secretary to make grants to States (or to operators of State notification systems) which have elected to establish and maintain a notification system with all required elements. Allows grants for alternative programs if they are at least as protective of the public health and safety and environment as a State program under this Act. Directs the Secretary to: (1) coordinate the implementation of this Act with Federal pipeline safety requirements; (2) review and report to the Congress on the achievement of the purposes of this Act; and (3) develop and make available to States a model State one-call notification program, with suggested elements. Requires each State to provide an initial and annual status reports on progress made in implementing a State program. Directs the Secretary to report annually to the Congress on accidents caused by routine railroad maintenance. Allows States to implement more protective notification systems than that required under this Act. Directs the Secretary to consult with other agencies as to the availability and affordability of technologies which will help relocate pipelines from above-ground and remote locations. Directs the Secretary to carry out a study under the vision waiver study program which would include drivers who failed to qualify under the original study program due to application time limits and the failure to learn of the program in a timely manner. Expresses the sense of the Congress that equipment and products purchased with funds made available under this Act should be American-made. Requires notification of such preference to the recipients of assistance under this Act.
United States · United States Congress · 5 January 1995
Natural Gas Pipeline Safety Improvement Act of 1995- Amends Federal pipeline safety law to authorize the Secretary of Transportation to recover from any person engaged in the transportation of gas or hazardous liquids, or from the owner or operator of pipeline facilities, the costs incurred in: (1) investigating an accident; and (2) overseeing the person's response to the accident. Sets a limit upon the amounts recoverable. Authorizes the Secretary to make grants to: (1) the States for the development and establishment of a one-call notification system; and (2) one-call notification systems for promoting their use. Prescribes guidelines under which the Secretary may develop an electronic data base on pipeline facilities in order to facilitate risk assessment and safety planning. Authorizes appropriations. Directs the Federal Energy Regulatory Commission to review its practices and guidelines for siting natural gas interstate transmission facilities in urban areas in order to determine whether changes are needed in route selection and right-of-way widths. Authorizes appropriations. Instructs the Secretary to make educational information available to local governments over whose lands pass: (1) natural gas interstate transmission facilities; and (2) hazardous liquid interstate pipeline facilities. Authorizes appropriations. Prohibits excavation and solid waste disposal activity within pipeline rights-of-way, or within a limited area in the vicinity of an interstate pipeline facility. Modifies the deadline for the Secretary to issue regulations for periodic pipeline inspections by instrumented internal inspection devices (smart pigs). Instructs the Secretary to prescribe a schedule for such inspections. Requires the owner or operator of an interstate transmission facility to notify annually all residents within certain distances of such facility of procedures for reporting instances of dumping and excavation. Directs the Secretary to develop public service announcements governing pipeline safety. Directs the Secretary to promulgate regulations requiring the use of remotely or automatically controlled valves for shutting off gas flow in the event of an accident or a loss of the primary power source. Requires the owner or operator of certain pipelines to obtain baseline pipeline safety information through the use of smart pigs.
United States · United States Congress · 4 January 1995
Helium Reform and Deficit Reduction Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the helium operations of the Bureau of Mines.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Health Insurance Market Reform Subtitle A: Insurance Market Standards Subtitle B: Establishment and Application of Standards Subtitle C: Health Care Cost and Access Advisory Commission Subtitle D: Definitions Title II: Improving Access to Health Care Coverage Subtitle A: Coverage Under Qualified Health Plans and Premium Assistance Subtitle B: Self-Employed Health Insurance Deduction Title III: Improving Access in Rural Areas Subtitle A: Offfice of Rural Health Policy Subtitle B: Development of Telemedicine in Rural Underserved Areas Subtitle C: Rural Health Plan Demonstration Projects Subtitle D: Antitrust Safe Harbors for Rural Health Providers Title IV: Quality and Consumer Protection Subtitle A: Administrative Simplification Subtitle B: Privacy of Health Information Subtitle C: Enhanced Penalties for Health Care Fraud Subtitle D: Health Care Malpractice Reform Title V: Budget Neutrality Family Health Insurance Protection Act - Title I: Health Insurance Market Reform - Subtitle A: Insurance Market Standards - Prohibits a health plan, with specified exceptions, from denying, limiting, or conditioning its coverage (or benefits), or varying its premium, for an individual based on the health status, medical condition, claims experience, receipt of health care, medical history, anticipated need for health care services, disability, or lack of evidence of insurability. (Sec. 1002) Requires each health plan that offers coverage in the small group market or large employer market to guarantee enrollment in and renewal of (at the option of the individual or employer) such plan to each individual purchaser and employer. (Sec. 1003) Requires a health plan offering coverage in the small group market to comply with certain rating (premium rates) standards to be developed by the National Association of Insurance Commissioners (NAIC). (Sec. 1004) Requires the Secretary of Health and Human Services to establish minimum guidelines for the issuance by each State of delivery system quality standards. Sets forth such guidelines, including: (1) establishing health plan quality assurance; (2) providing consumer protection for health plan enrollees; and (3) ensuring reasonable access for vulnerable populations in underserved areas. (Sec. 1005) Requires a sponsor of a health plan to offer a benchmark benefits package which covers specified health care items and services and provides for a cost-sharing schedule. Authorizes a sponsor to offer any other health benefits package. (Sec. 1006) Requires each health plan offering coverage in the small group market in a State to participate in a risk adjustment program. Subtitle B: Establishment and Application of Standards - Prohibits any requirement or standard imposed on a health plan under this Act from preempting any State consumer protection laws unless such laws conflict with such requirement or standard. (Sec. 1012) Declares that nothing in this Act shall be construed as prohibiting States from enacting health care reform measures that exceed the measures established under this Act, including reforms that expand access to health care services, control health care costs, and enhance quality of care. (Sec. 1013) Requires the Secretary to make grants to States that submit applications that meet certain requirements for the establishment and operation of small group health insurance purchasing arrangements. Requires the Secretary in awarding such grants to consider the potential impact of the State's proposal on the cost of health insurance for the small group market and on the number of uninsured, and the need for regional variation in the award of such grants. Authorizes the use of grant funds to finance administrative costs associated with developing such arrangements. Authorizes appropriations. (Sec. 1014) Directs States to require that each health plan issued, sold, offered for sale, or operated in such State meets the insurance reform standards established under this title pursuant to an enforcement plan filed by it with, and approved by, the Secretary. Subtitle C: Health Care Cost and Access Advisory Commission - Establishes the Health Care Cost and Advisory Commission to monitor and respond to trends in national health care spending and health insurance coverage. Requires the Commission to report annually to the Congress and the President on the status of health care spending and health insurance coverage in the nation. Sec. 1023) Authorizes appropriations. Subtitle D: Definitions - Sets forth definitions. Title II: Improving Access to Health Care Coverage - Subtitle A: Coverage Under Qualified Health Plans and Premium Assistance - Part 1: Access to Qualified Health Plans - Requires States, in order to qualify for certain Federal payments, to establish a program under which a State: (1) makes available at least one qualifed health plan to each premium subsidy eligible individual residing there; and (2) furnishes premium assistance to such individual. (Sec. 2002) Requires the Secretary to issue regulations specifying requirements for State programs with respect to determining eligibility for premium assistance, including measures to prevent individuals from knowingly making material misrepresentations of information or providing false information in applications for assistance under the program. Requires a premium subsidy eligible individual who receives premium assistance to use such assistance only for payments toward the premium under a qualified State health plan. (Sec. 2011) Sets forth a formula for: (1) the amount of premium assistance for a month that a premium subsidy eligible individual shall receive; and (2) the maximum subsidy amount for a State. (Sec. 2012) Sets forth eligibility requirements for children and temporarily unemployed individuals to receive premium assistance. Part 2: Aggregate Federal Payments - Sets forth a formula for determining the amount of Federal payments to States for the payment of premium assistance under a qualified State health plan. Part 3: Definitions and Determinations of Income - Sets forth definitions. Subtitle B: Self-Employed Health Insurance Deduction - Amends the Internal Revenue Code to increase the deduction for health insurance costs of self-employed individuals from 25 percent through 1996 to 50 percent in 1997 to 75 percent in 1998 and to 100 percent in 1999 and thereafter. Title III: Improving Access in Rural Areas - Subtitle A: Office of Rural Health Policy - Amends the Social Security Act (SSA) to mandate that the Office of Rural Health Policy of the Department of Health and Human Services (HHS) be headed by an Assistant Secretary for Rural Health, who shall report directly to the Secretary. Adds as one of the duties of the Assistant Secretary that he or she advise the Secretary on reforms to the health care system and their implications for rural areas. Transfers the functions, powers, duties, and authority of the Office of Rural Health Policy to the Office of the Assistant Secretary for Rural Health. Subtitle B: Development of Telemedicine in Rural Underserved Areas - Directs the Secretary to award grants to eligible entities to expand access to health care services for individuals in rural areas through the use of telemedicine. (Sec. 3102) Directs the White House Information Infrastructure Task Force to report to the Congress an evaluation of the cost effectiveness of telemedicine, including recommendations for a coordinated Federal strategy to increase access to health care through telemedicine. (Sec. 3103) Directs the Secretary to issue regulations regarding reimbursement for telemedicine services provided under title XVIII (Medicare) of the SSA. (Sec. 3104) Authorizes appropriations. Subtitle C: Rural Health Plan Demonstration Projects - Directs the Secretary to establish not more than three demonstration projects for the designation of rural health plan areas. Subtitle D: Antitrust Safe Harbors for Rural Health Providers - Directs the Attorney General to establish, and publish in the Federal Register, policy guidelines to assist rural health care providers in complying with safe harbor requirements with respect to the provision of health care services in rural areas. Title IV: Quality and Consumer Protection - Subtitle A: Administrative Simplification - Part 1: Purpose and Definitions - Establishes a national framework for health information whose goal, through standardization of data elements, code sets, and electronic transactions, and by assuring a secure environment for the transmission and exchange of health information, is to reduce the burden of administrative complexity, paper work, and cost on the health care system, including Medicare under title XVIII and Medicaid under title XIX the SSA. Part 2: Standards for Data Elements and Information Transactions - Directs the Secretary to adopt standards for health information transactions and data elements. (Sec. 4012) Directs the Secretary to promulgate regulations specifying procedures for the electronic transmission and authentication of signatures on medical records and prescriptions. Part 3: Requirements with Respect to Certain Transactions and Information - Sets forth specified requirements with respect to certain transactions conducted by a health plan or health care provider. Part 4: Accessing Health Information - Requires the Secretary to adopt technical standards for persons to locate and access health information that is available through the health information network. Part 5: Penalties - Sets forth penalties for violations committed under this subtitle. Part 6: Miscellaneous Provisions - Mandates that any provision, requirement, or standard under this subtitle supercede any contrary provision of State law (except State provisions governing the reporting of disease or injury, child abuse, birth, or death, public serveillance, or public health investigation or intervention). (Sec. 4052) Authorizes appropriations. Subtitle B: Privacy of Health Information - Part 1: Defintions - Set forth definitions. Part 2: Authorized Disclosures - Subpart A: General Provisions - Sets forth requirements for the disclosure of protected health information by a health information trustee, or by a health care provider and person receiving such information, including a health information protection organization. Subpart B: Specific Disclosures Relating to Patient - Authorizes a health care provider, health plan, employer, or person who receives protected health information to disclose it to a health care provider for the purpose of providing health care (including emergency situations) to, or providing for the payment of such care for, an individual. Subpart C: Disclosure for Oversight, Public Health, and Research Purposes - Authorizes a health information trustee to disclose protected health information to a health oversight agency or to a health researcher. (Sec. 4117) Authorizes a health care provider, health plan, public health authority, employer, or person who receives protected health information to disclose it to a public health authority or other person authorized by law for use in: (1) disease or injury reporting; (2) public health surveillance; or (3) public health investigation or intervention. Subpart D: Disclosure for Judicial, Administrative, and Law Enforcement Purposes - Authorizes a health care provider, health plan, health oversight agency, employer, or person who receives protected health information to disclose it, (subject to a court's rules of procedure): (1) in connection with litigation where an individual's physical or mental condition is at issue; (2) in response to a court- ordered physical or mental examination; or (3) pursuant to a law requiring the reporting of specific medical information to law enforcement authorities. (Sec. 4122) Authorizes such entities or persons to disclose such information to law enforcement agencies. Subpart E: Disclosure Pursuant to Government Subpoena or Warrant - Authorizes a health care provider, health plan, health oversight agency, employer, or person who receives protected health information to disclose it pursuant to an administrative or judicial subpoena or warrant. Subpart F: Disclosure Pursuant to Party Subpoena - Authorizes a health care provider, health plan, employer, or person who receives protected health information to disclose it pursuant to a party subpoena. Part 3: Procedures for Ensuring Security of Protected Health Information - Subpart A: Establishment of Safeguards - Directs a health information trustee to establish administrative, technical, and physical safeguards to ensure the confidentiality of protected health information created or received by such trustee. Subpart B: Review of Protected Health Information By Subjects of the Information - Requires a health care provider or health plan to allow an individual who is the subject of protected health information to inspect any such information, with specified exceptions, that the provider or plan maintains. (Sec. 4142) Requires a health care provider or health plan, upon the written request of the subject individual, to correct or amend his or her protected health information. (Sec. 4143) Requires a health care provider or health plan to provide written notice of its information practices, including notice of individual rights with respect to protected health information. Part 4: Sanctions - Subpart A: Civil Sanctions - Sets forth civil penalties for violations of this subtitle. (Sec. 4152) Authorizes an individual who is aggrieved by the negligent conduct of a health information trustee to bring a civil action in court. Subpart B: Criminal Sanctions - Subjects to civil and criminal penalties any person who, in violation of this subtitle, knowingly: (1) obtains protected health information relating to an individual; or (2) discloses such information to another person. Part 5: Administrative Provisions - Sets forth provisions regarding: (1) preemption of State law with respect to the disclosure of protected health information; and (2) the rights of incompetents with respect to such information. Subtitle C: Enhanced Penalties for Health Care Fraud - Directs the Secretary to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control fraud and abuse with respect to the delivery of and payment for health care in the United States; (2) conduct investigations, audits, evaluations, and inspections relating to the delivery of and payment for such health care; (3) facilitate the enforcement of specified sections of the SSA and other applicable statutes with respect to health care fraud and abuse; and (4) provide for the modification and establishment of safe harbors, and to issue interpretative rulings and special fraud alerts. (Sec. 4201) Establishes a Health Care Fraud and Abuse Control Account which shall comprise all criminal and administrative fines imposed in cases involving a Federal health care offense. (Sec. 4202) Amends SSA title XI to provide for the application of sanctions under the Medicare and Medicaid Fraud and abuse programs for all fraud and abuse against any health plan. Subjects any person (including any organization, agency, or other entity, but excluding a beneficiary) who violates a provision of this section to a civil monetary penalty. (Sec. 4203) Directs the Secretary to establish a national health care fraud and abuse data collection program for the reporting of final adverse actions (not including settlements in which no findings of liability have been made) against health care providers, suppliers, or practitioners. (Sec. 4204) Amends Federal criminal law to subject to civil and criminal penalties any person who knowingly executes, or attempts to execute, a scheme to: (1) defraud any health plan or other person, in connection with the delivery of or payment for health care benefits or services; or (2) obtain, by false pretenses, any money or property owned by, or under the control of, any health plan, or person in connection with the delivery of or payment for such health care or services. Subtitle D: Health Care Malpractice Reform - Declares that these provisions apply to any health care liability action (except damages for vaccine-related injury or death) brought in any Federal or State court. (Sec. 4302) Requires each State to adopt an alternative dispute resolution method for the resolution of health care malpractice claims and consumer grievances. (Sec. 4303) Limits attorney contingency fees and award amounts for noneconomic damages. (Sec. 4304) Authorizes a party to a medical malpractice liability action to petition the court to instruct the trier of fact to award any future damages on an appropriate periodic basis. (Sec. 4305) Requires 50 percent of any punitive damages awarded in a medical liability action to be paid to the State in which such action is brought to carry out: (1) licensing or cretifying health care professionals and providers; (2) implementing health care quality assurance and improvement programs; (3) reducing malpractice-related costs for providers volunteering to provide services in medically underserved sreas; and (4) providing resources for additional investigation and disciplinary activites. Title V: Budget Neutrality - Prohibits any provision of this Act from taking effect until legislation is enacted which provides for its Federal budget neutrality.
United States · United States Congress · 4 January 1995
Alaska Wetlands Conservation Credit Procedures Act of 1994 - Amends the Federal Water Pollution Control Act to provide that specified guidelines for disposal sites for the discharge of dredged and fill material into navigable waters for States with substantial conserved wetlands areas: (1) shall not include requirements or standards for mitigation to compensate for wetlands loss and adverse impacts to wetlands; (2) may include requirements or standards for minimization of such adverse impacts; and (3) may include standards or requirements for avoidance of impacts only if the discharge permit applicant is not required to establish that upland alternative sites do not exist. Directs the Secretary of the Army, acting through the Chief of Engineers and at the request of a State with substantial conserved wetlands areas, to issue general permits for such States which contain a regulatory standard for such discharges that is no greater than the standard contained in the guidelines described above. Makes the discharge of dredged or fill material in connection with the following activities exempt from regulation under related provisions governing permits: (1) airport safety in a State with substantial conserved wetlands areas and in any case necessary for public safety; (2) construction and maintenance of log transfer facilities; (3) construction of tailings impoundments utilized for treatment facilities; and (4) construction of ice pads and ice roads and for snow storage and removal purposes. Requires the Secretary to issue individual and general permits pursuant to the standards and requirements of this Act for a State with substantial conserved wetlands areas. Directs the Secretary, for permits issued for economic base lands (specified lands conveyed to or owned by Alaska Native entities or the State of Alaska), to: (1) balance the standards and policies of this Act against U.S. obligations to allow such lands to be used to create and sustain economic activity; (2) give substantial weight to the social and economic needs of Alaska Natives; and (3) account for regional differences in the abundance and value of wetlands. Requires the Secretary, for lands owned by Alaska Native villages, to issue general permits for disposition of dredge and fill material for critical infrastructure in rural villages without a determination that activities authorized by such a permit cause only minimal adverse environmental effects.
United States · United States Congress · 4 January 1995
Amends the Oil Pollution Act of 1990 to revise general financial responsibility requirements for offshore facilities. Requires responsible parties (except as provided in provisions regarding deepwater ports) to maintain financial responsibility as described by this Act with respect to offshore facilities seaward of the U.S. coastline that are used for drilling for, producing, or processing oil or that have the capacity to transport, store, transfer, or handle more than 1,000 barrels of oil at any one time. Directs the Secretary of the department in which the Coast Guard is operating to determine the amount of financial responsibility based on an assessment of the facility's risk to meet the amount of liability for oil pollution to which a responsible party could be subjected in a case in which the party would be entitled to limit liability. Requires such amount to range from $35 million to $150 million. Provides that in cases where a person is the responsible party for more than one facility, evidence of responsibility need be established only to meet the maximum liability applicable to the facility having the greatest maximum liability.
United States · United States Congress · 4 January 1995
Amends the Merchant Marine Act, 1936 to grant to the Secretary of Transportation the sole responsibility for determining and designating those programs which are subject to the requirement that at least 50 percent of Government-generated cargoes be shipped on privately owned U.S.-flag commercial vessels to the extent such vessels are available at fair and reasonable rates.
United States · United States Congress · 4 January 1995
Expresses the sense of the Senate that: (1) each Federal agency should administer programs subject to Federal cargo reservation laws (including Maritime Administration regulations) to ensure that they are, to the maximum extent practicable, in compliance with the intent and purpose of such laws; and (2) the Maritime Administration should closely and strictly monitor any cargo subject to such laws.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Supersession of the Modification of Final Judgment Title II: Regulation of Manufacturing, Alarm Services and Electronic Publishing by Bell Operating Companies Title III: Telecommunications Infrastructure and Competition Title IV: Communications Competitiveness Title V: Procurement Practices of Telecommunications Providers Title VI: Federal Communications Commission Resources Antitrust and Communications Reform Act of 1995 - Title I: Supersession of the Modification of Final Judgment - Antitrust Reform Act of 1995 - Authorizes Bell operating companies (BOCs) to apply to the Attorney General and the Federal Communications Commission (FCC), notwithstanding the Modification of Final Judgment entered into on August 24, 1982 (AT&T consent decree), for authorization to provide alarm monitoring services or interexchange telecommunications services. Requires such application to describe with particularity the nature and scope of each activity and of each product, service, and geographic market for which authorization is sought. Sets forth provisions concerning application procedures, separate determinations by the Attorney General and the FCC, and judicial review of such determinations. (Sec. 103) Prohibits a BOC, until one year after enactment of this Act, from manufacturing or providing telecommunications equipment or customer premises equipment, with qualified limitations on such activities after such period. Makes an exception for previously authorized activities. (Sec. 104) Prohibits a BOC with monopoly power in any exchange service market area from tying the sale of any product or service to the provision of any telecommunications service if the effect is to substantially lessen competition or to tend to create monopoly in any line of commerce. (Sec. 105) Provides for enforcement of this title through the U.S. Attorney's Office (including a private right of action with injunctive relief). (Sec. 108) Directs the FCC to review its regulations: (1) and revise such regulations to the extent necessary to prevent a BOC from engaging in improper cross-subsidization in connection with specified services; and (2) regarding access to interexchange services provided to subscribers to commercial mobile services and revise such regulations to the extent necessary to protect the public interest, convenience, and necessity. Title II: Regulation of Manufacturing, Alarm Services and Electronic Publishing by Bell Operating Companies - Amends the Communications Act of 1934 (the Act) to authorize a BOC, through an affiliate, to manufacture and provide telecommunications equipment and customer premises equipment. Requires the manufacturing to be conducted separately through an affiliate of the BOC. Directs the FCC to prescribe regulations ensuring BOC compliance with the requirements of this title, including the maintenance of separate books, records, and accounts for such activities. Requires the manufacturing affiliate to conduct all such manufacturing within the United States, with exceptions. Prohibits telephone exchange rate payers from incurring debt attributed to such manufacturing activities. Requires such manufacturing affiliate to make available to all common carriers without discrimination any telecommunications equipment that is used in the provision of telephone exchange service and that is manufactured by such affiliate, with certain conditions. Prohibits such affiliate from discontinuing or restricting sales to a common carrier for as long as there is reasonable demand for such equipment (with a determination of such demand by the FCC). Requires each BOC to maintain and file with the FCC complete information with respect to the protocols and technical requirements for connection with and use of its telephone exchange service facilities. Requires access to such information for competitors of the BOC's manufacturing affiliate. Provides additional requirements (and appropriate regulations by the FCC) with respect to equal competition and accessibility of telecommunications and customer premises equipment. Directs each BOC manufacturing affiliate to establish a permanent program for manufacturing research and development of products and applications for the enhancement of the public switched telephone network and to promote public access to advanced telecommunications services. Provides the FCC with administrative and enforcement authority. (Sec. 202) Directs the FCC to prescribe regulations to: (1) establish necessary and appropriate requirements for the provision of alarm monitoring services by BOCs and their affiliates; (2) prohibit BOCs and their affiliates from recording the occurrence or contents of calls received by providers of such services for marketing purposes; and (3) establish procedures for the receipt and review of complaints concerning violations by such companies of such regulations or other provisions of this Act which result in financial harm to a provider of alarm monitoring services. Provides for the expedited consideration of complaints. (Sec. 203) Prohibits a BOC and any affiliate from engaging in the provision of electronic publishing that is disseminated by means of such BOC's or affiliate's basic telephone service. Requires a separate affiliate or electronic publishing joint venture (EPJV) to maintain separate books, records, and accounts of such publishing business and to take certain other steps to maintain such business separately from BOC business. Provides operating requirements for BOCs under common ownership or control with a separated affiliate or EPJV. Prohibits a BOC or any affiliate from providing to any electronic publisher, including a separated affiliate or EPJV, customer proprietary network information for use in connection with the provision of electronic publishing that is disseminated by means of such BOC's or affiliate's basic telephone service that is not made available by the BOC or affiliate to all electronic publishers under the same terms and conditions. Outlines prohibited and authorized joint activities between BOCs and separated affiliates. Requires appropriate maintenance of separate books, records, and accounts for transactions related to the provision of electronic publishing between a BOC and any affiliate, as well as between an affiliate and a separated affiliate. Prohibits certain interaction (such as sharing of common officers) between a BOC and other electronic publishers. Sets forth transition and sunset provisions, as well as private rights of action for violations of the electronic publishing provisions. (Sec. 204) Requires a carrier that provides subscriber list information to any affiliated or unaffiliated provider or person to do so on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions, to any person upon request. Sets limits on the use and disclosure of customer proprietary network information by common carriers. Authorizes the FCC to exempt from such limitations carriers that have, together with any affiliated carriers in the aggregate nationwide, fewer than 500,000 access lines installed if the FCC determines that such exemption is in the public interest or if compliance would impose an undue economic burden on the carrier. Directs the FCC to commence a proceeding to examine the impact of converging communications technologies on consumer privacy and to propose changes in FCC regulations and recommendations to the Congress for legislative changes. (Sec. 205) Requires a common carrier engaged in the provision of telemessaging services to provide nonaffiliated entities, upon reasonable request, with the network services it provides to its own telemessaging operations, on nondiscriminatory terms and conditions. Prohibits such a carrier from subsidizing its telemessaging services with revenues from telephone exchange service. Provides for expedited consideration of complaints. (Sec. 206) Directs the FCC to: (1) initiate a proceeding to reconsider its decision in the Report and Order In the Matter of Computer III Remand Proceedings, relieving the BOCs of the obligation to provide enhanced services through fully separate affiliates; and (2) adopt regulations prescribing the structural or nonstructural safeguards, or both, with which local exchange carriers shall comply when providing enhanced services. Title III: Telecommunications Infrastructure and Competition - Amends the Act to state that the duty of a common carrier to furnish communications services includes the duty to interconnect with the facilities and equipment of other providers of telecommunications and information services (services) in accordance with FCC regulations with respect to the openness and accessibility of common carrier networks. Requires local telephone exchange service carriers to provide equal access to and interconnection with its network facilities upon request to any other carrier or person providing services so that such networks are fully interoperable. Directs the FCC to establish reasonable compensation rates to the carrier for such services. Requires the convening of a Federal-State Joint Board to determine equal access and interconnection standards. Preempts contrary State law, but permits: (1) a State to impose a term or condition on service providers which does not effectively prohibit providing interstate or intrastate service and which is necessary to protect public safety and welfare and to ensure the continued quality of intrastate telecommunications, just and reasonable rates for intrastate telecommunications services, or provider business practices consistent with consumer protection laws and regulations; and (2) a local government to require a person or carrier to obtain ordinary and usual construction or similar permits if such permit is required without regard to the nature of the business and if requiring such permit does not effectively prohibit any carrier from providing any interstate or intrastate service. Sets forth special provisions applicable to commercial mobile services. Prohibits a local government from imposing or collecting any franchise or other charge as a condition for operating in the locality or for obtaining access to, occupying, or crossing public rights-of-way from any provider of telecommunications services that distinguishes between or among such providers, including the local exchange carrier. Requires: (1) local exchange carriers to prepare and file tariffs with respect to services or elements offered to comply with such standards, along with supporting information; and (2) the FCC to review such tariffs. Directs the FCC to determine whether a telecommunications service or provider of such service is or will be subject to reasonable competition and to take appropriate action thereafter. Requires the establishment of a Federal-State Joint Board to recommend actions to the FCC and State commissions for the preservation of universal service. Requires the FCC to prescribe regulations: (1) prohibiting certain cross subsidies; and (2) ensuring telecommunications number portability. Directs the FCC, at least every three years, to review standards and requirements concerning equal access, interconnection, and the preservation of universal service. Requires such review to include a study of telephone exchange service furnished by rural carriers. Includes among the duties of a communications service provider the duty to furnish such service in accordance with FCC regulations concerning functionality and reliability. Directs the FCC to: (1) initiate an inquiry to consider and prescribe regulations to implement regulations and policies necessary to make open platform service (a switched, end-to-end digital telecommunications service) available to subscribers at reasonable rates; (2) establish a procedure to waive temporarily specific provisions of the regulation if a local exchange carrier demonstrates that compliance would be economically or technically infeasible or would delay the deployment of new facilities with improved capabilities or efficiencies that will be used to meet the requirements of open platform services; (3) conduct an inquiry concerning the deployment of open platform service and other advanced telecommunications network capabilities; (4) prescribe regulations to ensure that advances in network services deployed by local exchange carriers shall be accessible by individuals with disabilities, unless the cost would result in an undue burden or adverse competitive impact, and to conduct a proceeding, at least every three years, in which interested parties may comment on whether the regulations have ensured such accessibility; and (5) establish network reliability and quality performance measures to ensure the continued maintenance and evolution of common carrier facilities and service. Provides certain regulatory exemptions for rural areas. Directs the FCC to prescribe regulations that require local exchange carriers to make available to qualifying carriers such public switched telecommunications network technology and information and telecommunications facilities and functions as may be requested to enable such a carrier to provide telecommunications services, or access to information services, in the geographic area in which that carrier has requested and obtained designation as the qualifying carrier. Preempts a cable franchising authority's regulation of telecommunications services. (Sec. 303) Directs: (1) the FCC to promote the provision of advanced telecommunications services by wire, wireless, cable, and satellite technologies to educational institutions, health care institutions, and public libraries; and (2) the National Telecommunications and Information Administration to conduct a nationwide annual survey of the availability of such services to such institutions and libraries. Directs the FCC to: (1) issue a notice of proposed rulemaking for regulations that, among other things, enhance the availability of such services to all educational institutions and classrooms, health care institutions, and public libraries by the year 2000; and (2) assess the feasibility of including postsecondary educational institutions in any such regulations. (Sec. 304) Directs the FCC to: (1) issue a final determination within 180 days after a complaint concerning an alleged discriminatory interconnection; and (2) provide for the expedited licensing of new technologies or services related to the furnishing of telecommunications services. (Sec. 306) Requires any application filed for authority to construct or extend a line to address the means by which such construction or extension will meet the network access needs of individuals with disabilities. (Sec. 307) Directs the FCC to: (1) prescribe regulations for ensuring that utilities charge just and reasonable and nondiscriminatory rates for pole attachments provided to all providers of telecommunications services; (2) study policies that will enhance civic participation through the national information infrastructure; (3) conduct a study of how to encourage citizen participation in regulatory issues; and (4) initiate a rulemaking proceeding for the purpose of lowering market entry barriers for small business, business concerns owned by women and members of minority groups, and nonprofit entities that are seeking to provide services. Title IV: Communications Competitiveness - Amends the Act to allow a common telecommunications services carrier to provide video programming (cable television (TV) service) directly to subscribers in its telephone service area, as long as the video programming is provided through a video programming affiliate that is separate from such carrier (with separate books, records and accounts). Sets forth rules and regulations concerning interaction and business transactions between a common carrier and an affiliate with respect to the provision of video programming services. Requires the common carrier with a video programming affiliate to establish a video platform. Requires such a carrier to submit a notice to the FCC of its intention to establish channel capacity for the provision of video programming to meet the bona fide demand for such capacity. Sets forth provisions regarding responses to requests for carriage and to changes in demand for capacity. Grants the FCC the authority to resolve disputes with respect to establishment of video platforms. Directs the FCC to prescribe regulations regarding video platforms and to extend such regulations to other high capacity systems. Requires carriers to certify compliance with equal access requirements, with exceptions. Prohibits a common carrier from: (1) cross-subsidizing costs of telephone service with costs of video programming service among its customers; and (2) buying out a cable system located within its telephone exchange area and owned by an unaffiliated person. Directs the FCC to convene a Federal-State Joint Board to recommend a decision concerning the practices, classifications, and regulations necessary to ensure proper jurisdictional separation and cost allocation of establishing and providing a video platform. Provides for: (1) the applicability of franchising and other requirements; and (2) rural area exemptions from certain provisions of the Act. (Sec. 402) Directs the FCC to: (1) modify, maintain, or remove the ownership regulations on radio and TV broadcasters as necessary to ensure that broadcasters are able to compete fairly with other information providers while protecting the goals of diversity and localism; and (2) review the ownership restriction under the Act with respect to cable operators and report to the Congress on whether such restriction continues to serve the public interest. (Sec. 404) Requires the FCC, if it determines to issue additional licenses for advanced TV services, and it initially limits the eligibility for such licenses to persons that are licensed to operate a TV broadcast station or that holds a permit to construct such a station (or both), to adopt regulations that allow such licensees or permittees to offer such ancillary or supplementary services on designated frequencies as may be consistent with the public interest, convenience, and necessity. (Sec. 405) Directs the FCC to examine and report to the Congress on the impact of the convergence of technologies on cable, telephone, satellite, and wireless and other communications technologies likely to offer interactive communications services. (Sec. 406) Requires the FCC to: (1) complete an inquiry to ascertain the level at which video programming is closed captioned and prescribe regulations to ensure that video programming is fully accessible through the provision of closed captions; and (2) commence an inquiry to examine the use of video descriptions on video programming to ensure accessibility to persons with visual impairments. Requires the National Telecommunications and Information Administration to establish, oversee, and provide financial support for marketplace tests of video descriptions on commercial and noncommercial video programming services. (Sec. 407) Directs the FCC to prescribe regulations to reserve appropriate capacity for the public at preferential rates on cable systems and video platforms. (Sec. 408) Provides that a ship documented under U.S. laws operating in accordance with 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 station operated by one or more radio officers or operators. (Sec. 409) Provides for exclusive Federal jurisdiction over direct broadcast satellite service. (Sec. 411) Requires cable operators to inform subscribers of the right to request and obtain devices to preclude display of encrypted programming. Directs the FCC to require the transmission of such programming by means of encrypted signals that permit subscribers to effectively and entirely prevent the display of both the audio and video portions of such programming with or without the use of such a device. Title V: Procurement Practices of Telecommunications Providers - Directs the FCC to: (1) require each provider of telecommunications services to submit a detailed and verifiable plan for increasing its procurement from business enterprises that are owned by minorities or women in all categories of procurement in which minorities are underrepresented; and (2) establish regulations for implementing programs pursuant to this title that will govern providers of telecommunications services and their affiliates. (Sec. 504) Sets penalties for: (1) falsely representing a business as an enterprise owned by minorities or women in procuring contracts from telephone operating companies and their affiliates; and (2) a provider of telecommunications services falsely representing its annual report to the FCC or its implementation of programs. Prohibits discrimination against an otherwise qualified business enterprise that is owned by minorities or women solely by reason of its racial, ethnic, or gender composition in the procurement of contracts from telephone utilities. Authorizes civil actions for violations and permits the court to allow the prevailing party reasonable attorney's fees and costs. Title VI: Federal Communications Commission Resources - Authorizes appropriations to the FCC.
United States · United States Congress · 4 January 1995
Subjects passenger vans to the same safety standards applicable to passenger motor vehicles under the National Traffic and Motor Vehicle Safety Act of 1966.
United States · United States Congress · 4 January 1995
Prohibits the manufacture, sale, delivery, or importation of school buses that are not equipped with seat belts (with particular emphasis on the use of an Aaron Gordon type flight attendant double shoulder harness mechanism or other appropriate safety restraint device providing equal or greater passenger safety). Sets forth civil penalties.
United States · United States Congress · 4 January 1995
Subjects passenger vans to the same safety standards applicable to passenger motor vehicles under the National Traffic and Motor Vehicle Safety Act of 1966. Amends the National Traffic and Motor Vehicle Safety Act of 1966 to require vehicle manufacturers to provide the Secretary of Transportation with all motor vehicle warranty and repair information the manufacturer provides its dealers. Directs the Secretary, through the Auto Safety Hotline of the National Traffic Safety Administration, to make such information available to the public. Subjects manufacturers to civil penalties for failure to provide such information.
United States · United States Congress · 4 January 1995
Authorizes the Secretary of Transportation to make grants to qualified ship repair yards to pay 75 percent of the cost of acquiring advanced and modern ship repair technology. Authorizes appropriations.
United States · United States Congress · 4 January 1995
Expedited Shoreline Resources Improvement Act - Modifies the project for navigation at Jones Inlet, New York, to provide for the placement of noncontaminated dredged material on beach areas downdrift from the federally maintained channel at such Inlet in order to mitigate the interruption of littoral system natural processes caused by the jetty and continued dredging of such channel.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: General Reforms Title II: Plastic Explosives Bombing Prevention Act - Title I: General Reforms - Amends the Federal criminal code to prohibit the transport, shipment, or receipt of explosive materials without a permit or the distribution of explosive materials to anyone other than a licensee or permittee. Directs the Secretary of the Treasury to notify the States of the regulations so that they may consider revising their explosives laws. (Sec. 102) Requires applicants for licenses and user permits to import, manufacture, or deal in explosive materials to provide fingerprints and a photograph. Sets fees of up to $300 for an applicant for a license and up to $100 for an applicant for a permit. (Currently, the fee is up to $200 for each license or permit.) (Sec. 103) Authorizes the Secretary to use the national instant criminal background check system established under the Brady Handgun Violence Prevention Act to investigate applicants for licenses or permits. (Sec. 104) Repeals exceptions from specified explosive materials requirements with respect to components of small arms ammunition and small quantities of black powder or smokeless powder. (Sec. 105) Directs the United States Sentencing Commission to promulgate amendments to the sentencing guidelines to appropriately enhance the penalties for violations of Federal explosive materials provisions so that such penalties are the same as those for comparable violations of Federal firearms laws. (Sec. 106) Permits: (1) the destruction of seized explosives that are unsafe under specified circumstances; and (2) the owner to apply to the Secretary for reimbursement of any destroyed property where the claimant establishes that the seizure was wrongful. (Sec. 107) Subjects to civil forfeiture (with exceptions) any property involved in a violation of explosive materials provisions, or in a conspiracy to commit such a violation, and any other property traceable to such property. Directs the court to order a person convicted of a violation of Federal explosive materials provisions or of conspiring to commit such a violation to forfeit any property involved and any traceable property. Title II: Plastic Explosives - Prohibits the manufacture, import, export, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent (with exceptions). Authorizes the Secretary to investigate violations. Directs the Attorney General to exercise authority over such violations only when they are committed by a member of a terrorist or revolutionary group (in which case the Attorney General shall have primary investigative responsibility and the Secretary shall assist as requested). Prohibits any person possessing any plastic explosive, other than an agency of the United States or the National Guard of any State, from failing to report to the Secretary the quantity of such explosive possessed, the manufacturer or importer, and any identifying marks on such explosives. (Sec. 203) Provides for a fine and up to ten years' imprisonment for violations of Federal explosive materials laws. (Sec. 204) Sets forth affirmative defenses for Federal explosive materials laws.
United States · United States Congress · 4 January 1995
Maritime Academy Licensing Relief Act - Amends the Merchant Marine Act, 1936 to require a State maritime academy receiving Federal assistance under specified provisions to reimburse individuals, from Federal funds provided for such purposes, for any charge paid by the individual for issuance, evaluation, or examination for an entry level license or merchant mariner's document. Authorizes appropriations.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Motor Vehicle Inspection and Maintenance Title II: Redesignation of Attainment Areas Title I: Motor Vehicle Inspection and Maintenance - Provides that States shall not be required to implement enhanced vehicle inspection and maintenance programs under provisions of the Clean Air Act pertaining to Serious, Extreme, and Severe ozone nonattainment areas and ozone transport regions before two years after this Act's enactment date. Directs the Administrator of the Environmental Protection Agency to immediately rescind regulations relating to the operation of such programs on a centralized basis and issue new regulations to allow the operation of such programs on a centralized or decentralized basis at the option of each State. Prohibits, until the Administrator carries out such requirements, the imposition of sanctions for failures by States to implement such programs or specified adverse actions against States by the Administrator or the Administrator of the Federal Highway Administration. Requires the Administrator to consider the operation of programs on a decentralized basis as equivalent to operation on a centralized basis if the State demonstrates that such equivalency is reasonable. Title II: Redesignation of Attainment Areas - Amends the Clean Air Act to provide that if a State Governor submits a redesignation of an area from nonattainment to attainment and such designation is based upon attainment of the relevant national ambient air quality standard for three consecutive years, such redesignation shall become effective immediately upon receipt by the Administrator.
United States · United States Congress · 4 January 1995
Amends Federal transportation law to repeal specified authorities with respect to the National Railroad Passenger Corporation (AMTRAK), eliminating intercity rail passenger transportation (while retaining AMTRAK commuter services). (Sec. 3) Repeals a provision which provides for the judicial review of the discontinuance of a route, a train, or transportation, or the reduction in the frequency of transportation by AMTRAK. (Sec. 4) Authorizes appropriations in decreasing amounts over four fiscal years. (Sec. 5) Repeals specified laws that apply to AMTRAK operations, abolishing the Board of Directors. Declares that the United States relinquishes all rights held in any stock, note of indebtedness, or mortgage issued by or entered into with AMTRAK. (Sec. 6) Repeals: (1) certain provisions which require AMTRAK to make an agreement to avoid duplicating employee functions; (2) all authority for operation of the AMTRAK route system; and (3) all authority for the Northeast Corridor improvement program. (Sec. 8) Prohibits a rail carrier employee whose employment is terminated as a result of a discontinuance of intercity rail passenger service from receiving any wage continuation or severance benefit in excess of six months pay. Authorizes a rail carrier to require an employee whose position is eliminated as a result of such discontinuance to transfer to any vacant position for which he or she can be made qualified on any part of the rail carrier's system. (Sec. 9) Amends the Federal Employers' Liability Act (or Employers' Liability Act) to declare that it shall not apply to common carriers to the extent they provide rail passenger transportation.
United States · United States Congress · 4 January 1995
Requires the Secretary of Transportation to provide for a demonstration project that establishes a highway corridor, to be known as the Camino Real Corridor, from Chihuahua, Mexico, through El Paso, Texas, to Denver, Colorado. Establishes the Camino Real Corridor Commission. Authorizes appropriations.
United States · United States Congress · 4 January 1995
Merchant Mariners Fairness Act of 1993 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee for any benefit application for such qualified service.
United States · United States Congress · 4 January 1995
Designates minority party membership on the following House committees: (1) Agriculture; (2) Appropriations; (3) Banking and Financial Services; (4) Budget; (5) Commerce; (6) Economic and Educational Opportunities; (7) International Relations; (8) Judiciary; (9) National Security; (10) Small Business; (11) Technology and Competitiveness; (12) Transportation and Infrastructure; (13) Veterans' Affairs; and (14) Ways and Means.
United States · United States Congress · 4 January 1995
Designates the majority party membership on the following House committees: (1) Agriculture; (2) Appropriations; (3) Banking and Financial Services; (4) Budget; (5) Commerce; (6) Economic and Educational Opportunities; (7) Government Reform and Oversight; (8) House Oversight; (9) International Relations; (10) Judiciary; (11) National Security; (12) Resources; (13) Rules; (14) Science; (15) Small Business; (16) Transportation and Infrastructure; (17) Veterans' Affairs; and (18) Ways and Means.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Contract with America: A Bill of Accountability Title II: General Title I: Contract with America: A Bill of Accountability - Provides for the adoption of the Rules of the House of Representatives of the 103d Congress as the Rules of the House of the 104th Congress with amendments as outlined in this resolution. (Sec. 101) Requires the total number of House committee staff to be at least one-third less than the corresponding total in the 103d Congress. Amends Rule X to prohibit House committees from having more than five subcommittees except the Committees on Appropriations, Government Reform and Oversight, and Transportation and Infrastructure which are allowed up to thirteen, seven, and six subcommittees, respectively. (Currently, each standing committee with more than 20 members, except the Committee on Budget, is required to establish at least four subcommittees.) Amends Rule XI to revise provisions regarding committee staff funding and the appointment and use of staff. (Sec. 102) Amends Rule XIII to require cost estimates in committee reports to contain a comparison of the total estimated funding level for the relevant programs with the appropriate levels under current law, with exceptions for specified committees. (Sec. 103) Amends Rule I to limit the term of the Speaker of the House to four consecutive Congresses. Amends Rule X to prohibit a Member from serving as chairman of the same standing committee or subcommittee for more than three consecutive Congresses. (Sec. 104) Amends Rule XI to prohibit proxy voting by any committee or subcommittee member. (Sec. 105) Requires all committee meetings and hearings open to the public to allow for radio, television and still photography coverage. Repeals a provision that provides for closed meetings for matters relating solely to internal budgets or personnel. (Sec. 106) Amends Rule XXI to require a three-fifths vote of the House for passage or agreement to measures carrying a Federal income tax rate increase. Provides that it shall not be in order to consider any measure carrying a retroactive Federal income tax rate increase. (Sec. 107) Directs the Inspector General to coordinate and report on a comprehensive audit of House financial records and administrative operations. (Sec. 108) Provides that it shall be in order at any time after the adoption of this resolution to consider H.R. 1 (a bill to make certain laws applicable to the legislative branch) in the House if offered by the majority leader. Title II: General - Amends Rule II to abolish the office of House Doorkeeper. (Sec. 201) Amends Rule III to add to the duties of the House Clerk a semiannual reporting requirement on the financial and operational status of functions under the Clerk's jurisdiction. Amends Rule IV to require the Sergeant-at-Arms to fulfill a similar reporting requirement and incorporates the Doorkeeper's duties into those of the Sergeant-at-Arms. Amends Rule V to create a Chief Administrative Officer of the House to have operational and financial responsibility for functions as assigned by the Speaker and the Committee on House Oversight and requires the Chief to fulfill the financial and operational reporting requirement as well. Removes provisions regarding the Director of Non-legislative and Financial Services. (Sec. 202) Amends Rule X to revise the existing standing committee structure and provides for changes in committee jurisdiction. Redesignates House committees as follows: (1) Agriculture; (2) Appropriations; (3) Banking and Financial Services; (4) Budget; (5) Commerce; (6) Economic and Educational Opportunities; (7) Government Reform and Oversight; (8) House Oversight; (9) International Relations; (10) Judiciary; (11) National Security; (12) Resources; (13) Rules; (14) Science; (15) Standards of Official Conduct; (16) Transportation and Infrastructure; (17) Veterans' Affairs; and (18) Ways and Means. (Sec. 203) Requires each standing committee, in an open meeting no later than February 15 of the first congressional session and with a quorum present, to adopt its oversight plans for that Congress. (Sec. 204) Prohibits House Members, Delegates, or Resident Commissioners from serving simultaneously as members of more than two committees or four subcommittees. Provides that ex officio service by a chairman and ranking minority member of a committee on each of its subcommittees shall not be counted against the limitation on subcommittee service. (Sec. 205) Amends Rule XI to set forth certain administrative provisions. (Sec. 212) Repeals provisions of: (l) Rule XII which gave the Resident Commissioner from Puerto Rico and each Delegate to the House the same powers and privileges in the Committee on the Whole as other House Members (including the right to vote); and (2) Rule XXIII which permitted the Resident Commissioner or a Delegate to be appointed to chair the Committee on the Whole and which required the Committee on the Whole to automatically rise and consider a question de novo whenever the votes of the Resident Commissioner and Delegate were decisive in the Committee on the Whole. (Sec. 215) Amends Rule XXI to prohibit the inclusion of non-emergency provisions in emergency spending measures unless the provisions rescind budget authority, reduce direct spending, or reduce an amount for a designated emergency. Provides that during the reading of any appropriation bill for amendment in the Committee of the Whole, it shall be in order to consider en bloc amendments proposing only to transfer appropriations among objects in the bill without increasing the levels of budget authority or outlays. Requires reports from the Appropriations Committee accompanying any general appropriation bill to contain a list of all appropriations for expenditures not previously authorized by law. (Sec. 216) Amends Rule XXII to ban commemorative bills or resolutions. Requires the Committee on Government Reform and Oversight to report to the House on alternative means for establishing commemorations. (Sec. 220) Amends Rule XLIII to require House Members, officers, or employees to take an oath before gaining access to classified materials. (Sec. 221) Amends Rule XLVIII to reduce the maximum number of members of the Select Committee on Intelligence from 19 to 16 and limit to nine the number of members from one party. Raises the ceiling on service on the committee to four Congresses in any period of six successive Congresses. (Sec. 222) Prohibits the establishment or continuation of legislative service organizations. (Sec. 223) Establishes the Speaker's Office for Legislative Floor Activities. Permits the first 20 bills and the first two joint resolutions introduced in the 104th Congress to have more than one Member reflected as first sponsor.