Bill· HRH.R. 4285 (104th)referred
United States · United States Congress · 28 September 1996
TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement of Budget Discipline Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay-as-You-Go" Requirement for New Spending Subtitle E: "Lock-Box" for Savings From Spending Reductions Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Technical Amendments to Federal Law to Carry Out This Act Title VII: Definitions and Rules of Interpretation Budget Process Reform Act - Title I: Statement of Congressional Purpose - Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. (Sec. 202) Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 (CBA) to require a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Repeals authority for consideration of spending bills prior to adoption of the budget resolution. (Sec. 203) Prohibits baseline budgeting. Requires objective year- to-year comparisons under budget law, with the starting point for both Presidential and congressional budgets the levels of budget outlays for the current fiscal year. (Sec. 204) Amends the CBA to establish a rainy day fund for natural disasters. Requires budget law to include a major functional category for natural disasters, under specified conditions. (Sec. 205) Amends Federal law relating to the contents of the President's annual budget submission to the Congress to require the President to submit: (1) a budget of the U.S. Government for the following fiscal period on a single page, which sets forth specific budget ceilings in each major functional category, by the first Monday in February of each year before that in which a fiscal period commences; and (2) a detailed budget for that fiscal period, on or before the 15th day after a joint resolution on the budget for the following budget period is enacted. Title III: Enforcement of Budget Discipline - Subtitle A: Supermajority Required to Break Budget Law - Amends CBA to require the Congressional Budget Office (CBO) to provide to the Congress an estimate of the costs in each major functional category of each spending bill before being voted on by the Senate or the House. (Sec. 301) Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to authorize the President to exercise line-item reduction authority if the Congress exceeds the budget ceilings in the binding budget law or an automatic continuing resolution for a fiscal period. Declares that such authority shall permit the reduction of over-budget spending in a major functional category to the level established in the binding budget law or automatic continuing resolution. Sets forth procedures for congressional introductions of line-item bills after the President transmits a special message to rescind an item of budget authority. Prohibits amendments to such bills. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." (Sec. 306) Amends CBA to require fixed-dollar appropriations for every account except Social Security and interest on the debt. Prohibits open-ended appropriations. (Sec. 307) Requires Executive agencies to adjust expenditures, including program eligibility requirements and benefit levels, to ensure that appropriations for entitlement programs are not exceeded. (Sec. 308) Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Amends CBA to prohibit the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals a CBA provision for an exemption in the House from pay-as- you-go rules. Subtitle E: "Lock-Box" for Savings From Spending Reductions - Amends CBA to: (1) establish "lock-box" procedures to ensure budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require Congressional Budget Office (CBO) reports on such procedures; and (3) mandate reduction of spending allocations to House and Senate committees and subcommittees to meet "lock-box" levels. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. (Sec. 402) Provides for contingency regulations for automatic continuing resolutions. Grants each State the option of receiving an aggregate amount for the fiscal period for social safety net programs equal to the allocation to the State for such programs in the preceding fiscal period. (Sec. 403) Restricts consideration of legislation providing budget or spending authority to only that reported by the Committees on Appropriations. Makes such restriction inapplicable in the case of Social Security benefits. Title V: Protection of Social Security - Provides that nothing in this Act shall be construed to require or permit reductions in otherwise payable Social Security benefits. (Sec. 502) Provides that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Technical Amendments to Federal Law to Carry Out This Act - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts.
Bill· HRH.R. 4149 (104th)referred
United States · United States Congress · 24 September 1996
Assisted Suicide Funding Restriction Act of 1996 - Prohibits the use of appropriated funds to provide, procure, furnish, fund, or support, or to compel any individual, institution, or government entity to provide, procure, furnish, fund, or support, any item, good, benefit, program, or service, the purpose of which is to cause, or to assist in causing, the suicide, euthanasia, or mercy killing of any individual. Amends the Developmental Disabilities Assistance and Bill of Rights Act, the Protection and Advocacy for Mentally Ill Individuals Act of 1986, and the Rehabilitation Act of 1973 to incorporate a modified version of this prohibition. Adds a further prohibition, with regard to protection and advocacy systems, against certain assistance provided under such Federal laws for asserting or advocating a legal right to cause, or to assist in causing, or to receive assistance in causing, suicide, euthanasia, or mercy killing. Amends the Public Health Service Act to prohibit the use or availability of appropriations under such Act to provide any item, or service, for the purposes of causing or assisting in suicide, euthanasia, or mercy killing. Prohibits Federal financial participation under title XIX (Medicaid), or Federal reimbursement under title XVIII (Medicare), of the Social Security Act for assisted suicide or related services. Provides for the treatment of advance directives under both Medicare and Medicaid. Prohibits the use of appropriated funds for assisted suicide and related services under the Older Americans Act of 1965, the Indian Health Care Improvement Act, and under title XX (Block Grants to States for Social Services Program) of the Social Security Act. Prohibits the use of appropriated funds for assisted suicide and related services under the military and Federal employees health care systems, and as health care for Peace Corps volunteers and Federal prisoners. Amends the District of Columbia Self-Government and Governmental Reorganization Act to ban the use of Federal funds for assisted suicide and related services. Amends the Legal Services Corporation Act to prohibit the use of legal assistance for assisted suicide and related services, and for asserting or advocating a legal right to such services.
Bill· HRH.R. 4073 (104th)failed
United States · United States Congress · 12 September 1996
Authorizes the Secretary of the Interior to coordinate the Underground Railroad interpretive programs of the National Park Service (NPS) with the interpretive activities of the National Underground Railroad Freedom Center which is to be built in Cincinnati, Ohio, and devoted to the story of the Underground Railroad. Authorizes: (1) the Secretary to provide technical assistance to the Center in developing such programs and to enter into cooperative agreements with the State of Ohio, the city of Cincinnati, and other public or private entities to provide such assistance; and (2) the NPS to work in partnership with the Center in its efforts to disseminate information on the Underground Railroad. Requires the Secretary to treat the Center as an affiliated National Park System area.
Bill· HRH.R. 4000 (104th)open
United States · United States Congress · 2 August 1996
Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.
Bill· HRH.R. 3942 (104th)referred
United States · United States Congress · 1 August 1996
Amends title XVIII (Medicare) of the Social Security Act to permit the geographic reclassification of hospitals under Medicare for purposes of disproportionate share payment adjustments.
Bill· HRH.R. 3897 (104th)referred
United States · United States Congress · 25 July 1996
Senior Citizens Homeownership Protection Act of 1996 - Amends the National Housing Act to convert the senior homeowner home equity conversion mortgage insurance authority from a demonstration to a permanent program. Revises related consumer education provisions. Obligates funds for counseling and consumer education.
Bill· HRH.R. 3752 (104th)failed
United States · United States Congress · 27 June 1996
American Land Sovereignty Protection Act of 1996 - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless such nomination is specifically authorized by a law. Authorizes the President to submit proposals for legislation authorizing such a nomination. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has submitted to the Congress a report describing the necessity for such inclusion; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Amends the National Historic Preservation Act Amendments of 1980 to prohibit Federal officials from nominating lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that such designation of an area in the United States shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 1999; (2) consists solely of federally-owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Prohibits, under any international agreement, the nomination, classification, or designation of: (1) federally-owned lands located within the United States for a special or restricted use unless authorized by law; (2) State or local government lands unless authorized by State or local law; or (3) privately owned lands without the owner's consent.
Bill· HRH.R. 3715 (104th)referred
United States · United States Congress · 25 June 1996
LAM Disease Research Act of 1996 - Amends the Public Health Service Act to require that the National Heart, Blood Vessel, Lung, and Blood Diseases and Blood Resources Program conduct or support research on lymphangioleiomyomatosis (LAM). Authorizes appropriations.
Bill· HRH.R. 3636 (104th)referred
United States · United States Congress · 13 June 1996
Social Security Preservation Act of 1996 - Amends title II (Old Age, Survivors and Disability Insurance)(OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (trust funds) to ensure that the annual surplus of the trust funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Prescribes a formula for determining the annual surplus of the trust funds. Prohibits disinvestment of trust fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such trust funds for public debt limit-related purposes. Authorizes the sale of trust fund public debt obligations for the payment of OASDI cash benefits and administrative expenses, with conditions, including notification to each House of Congress and the Comptroller General at least three days in advance of such sale.
Resolution· HCONRESH.Con.Res. 169 (104th)referred
United States · United States Congress · 1 May 1996
Declares that it is the sense of the Congress that the Board of Trustees of the Federal Hospital Insurance Trust Fund should submit to the Congress without further delay its annual report due on April 1, 1996.
Bill· HRH.R. 3338 (104th)open
United States · United States Congress · 25 April 1996
Antimicrobial Pesticide Registration Reform Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to exclude: (1) bacteria from the definition of "fungus"; and (2) liquid chemical sterilant products for use on a critical or semi-critical medical or dental device from the definition of "pesticide." Directs the Administrator of the Environmental Protection Agency to: (1) coordinate data requirements, test protocols, timetables, and standards of review and reduce burdens and redundancy caused to the registrant, whenever data in support of a pesticide registration is requested by one or more State or Federal agencies; and (2) develop a process to identify and assist in alleviating future disparities between Federal and State data requirements. Provides, with respect to the labeling of an antimicrobial pesticide product, that: (1) a registrant may modify the labeling to include relevant information on the product's efficacy, composition, or container or other characteristics unrelated to a pesticidal claim or activity; (2) such labeling shall not be false or misleading or in conflict with statements required as a condition of registration and be substantiated upon request; (3) modifications shall be subject to a notification and approval process; and (4) different cautionary statements for use dilutions may be included in the labeling upon approval of the Administrator. Directs the Administrator, to the maximum extent practicable, to identify and evaluate changes to the process for registration of antimicrobial pesticides that will reduce current time periods for review. Details rulemaking requirements regarding the review of such pesticides. Requires an annual report to the Congress on measures taken to effect such changes. Exempts from applicability of certain FIFRA storage, disposal, transportation, and container requirements household, industrial, or institutional antimicrobial products that are not subject to regulation under the Solid Waste Disposal Act, unless the Administrator determines that their application is necessary to prevent an unreasonable adverse effect on the environment.
Bill· HRH.R. 3275 (104th)open
United States · United States Congress · 18 April 1996
Amends the Indian Child Welfare Act of 1978 to exempt from the Act any child custody proceeding involving a child who does not reside or is not domiciled within a reservation unless at least one of the child's biological parents: (1) is of Indian descent; and (2) maintains significant social, cultural, or political affiliation with their Indian tribe. Permits an individual who is 18 years old before becoming a member of an Indian tribe to become a member only upon such individual's written consent. Provides that for the purposes of any child custody proceeding involving an Indian child, membership in an Indian tribe shall be effective from the actual date of admission to membership in the tribe and shall not be given retroactive effect.
Bill· HRH.R. 3265 (104th)referred
United States · United States Congress · 17 April 1996
Minimum Wage Increase Act of 1996 - Amends the Fair Labor Standards Act of 1938 to increase the minimum wage rate under such Act from the current $4.25 per hour to: (1) $4.75 per hour for one year beginning 90 days after enactment of this Act; and (2) $5.25 per hour after that year.
Bill· HRH.R. 3167 (104th)open
United States · United States Congress · 27 March 1996
Enterprise Resource Bank Act of 1996 - Redesignates the: (1) Federal home loan banks as enterprise resource banks (ERBs); (2) Federal Home Loan Bank Act (FHLBA) as the Enterprise Resource Bank System Act; and (3) Federal Home Loan Bank System as the enterprise resource bank system. (Sec. 3) Declares that such banks are established by the Congress as profitmaking financial institutions whose purpose is to: (1) promote residential mortgage lending (including low- and moderate-income housing); (2) facilitate community and economic development lending, including rural economic development lending; and (3) assist such lending through a program of collateralized advances and other financial services that provide long-term funding, liquidity, operational, and interest rate risk management. Establishes 12 regional enterprise resource bank districts. Prescribes guidelines for FHLB mergers. Proscribes joint or collective offices of the ERBs. (Sec. 4) Establishes the Federal Housing Finance Board as an independent agency to regulate ERB safety and soundness. Grants the Board oversight and enforcement powers with respect to ERBs and the office of finance. (Sec. 5) Amends the FHLBA to declare that the ERBs shall: (1) operate jointly an office of finance (the office) to issue notes, bonds, and debentures; (2) establish a central board of directors; and (3) regularly report to the Finance Board the closing positions on their respective investments and qualified financial contracts. Mandates that the ERBs, the Finance Board, and the office jointly establish monitoring procedures for investment exposure, including credit and interest rate risk of the banks' individual and combined investment portfolios. (Sec. 6) Amends the FHLBA to set forth ERB capital structure plan requirements. Amends the Home Owners' Loan Act to repeal: (1) the ineligibility to obtain cash advances of savings associations that have failed to acquire or maintain qualified thrift lender status; and (2) the requirement that such associations repay outstanding FHLB advances in a prompt and prudent manner. Revises the FHLB membership guidelines to: (1) repeal the automatic membership of any newly chartered Federal savings association in the FHLB of the district in which it is located; and (2) make each Federal savings association eligible to acquire shares of stock in an ERB (voluntary membership). (Sec. 7) Amends the FHLBA to set forth a capital classifications scheme for prompt corrective action to ensure that ERBs remain: (1) adequately capitalized; (2) able to raise funds in the capital markets; and (3) able to meet their obligations. (Sec. 8) Prescribes the composition and duties of each ERB board of directors. (Sec. 9) Declares that the purpose of the community support requirements, the community investment program, and the affordable housing program is to serve depository institutions as an intermediary to: (1) aid in the development of a sustainable economic base in the banks' communities; (2) promote credit access throughout the Nation by increasing the liquidity of economic development financing and improving the distribution of investment capital available for such financing; and (3) assist with technical expertise for compliance with the Community Reinvestment Act of 1977. Provides that any member which receives a rating of satisfactory or better in its most recent examination in connection with the Community Reinvestment Act of 1977 shall be treated as having satisfied specified statutory requirements. Prohibits an ERB board of directors from delegating its funding approval authority under the FHLBA to any officer or employee of the bank. (Sec. 10) Grants the Finance Board enforcement authority to promote the safety and soundness of ERBs. (Sec. 11) Revises the requirement that, if available funds are insufficient to cover the amount of interest payments, each FHLB contribute to such payments to require each ERB to pay annually to the Resolution Funding Corporation 23.7 percent of its net earnings for the year for which such amount is required to be paid. (Sec. 13) Prescribes incorporation guidelines for ERBs. Declares the Finance Board custodian of ERB organizational certificates previously filed with the FHLB Board. Prohibits excessive compensation for ERB employees. Prohibits the Finance Board from prescribing or setting a specific level or range of compensation. Declares that no ERB officers, employees, or agents shall be considered Federal officers or employees for purposes of Federal civil service law.
Resolution· HCONRESH.Con.Res. 154 (104th)referred
United States · United States Congress · 26 March 1996
Congratulates the people of Taiwan on holding the first democratic presidential election in Chinese history. Declares that the United States is committed to: (1) moving nations toward freedom and democracy; and (2) encouraging and protecting its democratic friends on Taiwan, within the framework of the Taiwan Relations Act.
Bill· HRH.R. 3144 (104th)open
United States · United States Congress · 21 March 1996
Defend America Act of 1996 - Expresses U.S. policy to deploy by the end of 2003 a National Missile Defense (NMD) system that: (1) is capable of providing a highly effective defense of U.S. territory against limited, unauthorized, or accidental ballistic missile attack; (2) will be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats; and (3) does not feature an offensive-only form of deterrence. Directs the Secretary of Defense to develop for deployment an affordable and operationally effective NMD system which shall achieve an initial operational capability by the end of 2003. Outlines system elements, including the use of missile interceptors on the ground, at sea, and in space. Directs the Secretary to take specified actions to implement the NMD system development upon enactment of this Act, including the conduct of an integrated systems test by the end of 1998. Requires the Secretary to report to the Congress the Secretary's plans for the development and deployment of the NMD system. Urges the President to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the Anti-Ballistic Missile (ABM) Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year after enactment of this Act, to consider exercising the option of withdrawing the United States from the ABM Treaty.
Bill· HRH.R. 3095 (104th)referred
United States · United States Congress · 14 March 1996
Open Competition Act of 1996 - Amends the National Labor Relations Act to prohibit discrimination against any bidder on a prime contract for a federally funded project on the basis of a requirement that such person enter into or adhere to a collective bargaining agreement or any similar agreement as a condition of performing work on such contract.
Resolution· HRESH.Res. 385 (104th)referred
United States · United States Congress · 14 March 1996
Declares that the House of Representatives: (1) endorses efforts by the Bureau of Engraving and Printing to upgrade the currency for security reasons; and (2) strongly encourages the Secretary of the Treasury and the Bureau to incorporate cost-effective, tactile features into the design changes, thereby including the blind and visually impaired in independent currency usage.
Bill· HRH.R. 3012 (104th)referred
United States · United States Congress · 5 March 1996
Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which covered CHAMPUS beneficiaries who are also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in lieu of receiving care under CHAMPUS or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires the Secretary and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year.
Bill· HRH.R. 2992 (104th)referred
United States · United States Congress · 29 February 1996
TABLE OF CONTENTS: Title I: Victim Restitution Act of 1996 Title II: Violent Criminal Incarceration Act of 1996 Subtitle A: Truth in Sentencing Subtitle B: Stopping Abusive Prisoner Lawsuits Subtitle C: Stop Turning Out Prisoners Subtitle D: Enhancing Protection Against Incarcerated Criminals Subtitle E: Prison Conditions Subtitle F: Community Service Projects Subtitle G: Prison Commissary Administration Title III: Criminal Alien Deportation Improvements Act of 1996 Title IV: Local Government Law Enforcement Block Grants Act of 1996 Title V: Effective Death Penalty Act of 1996 Subtitle A: Habeas Corpus Reform Subtitle B: Federal Death Penalty Procedures Reform Crime Prevention and Family Protection Act of 1996 - Title I: Victim Restitution Act of 1996 - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Provides that such requirement does not affect the power of the court to impose any other penalty authorized by law. Permits the court, in the case of a misdemeanor, to impose restitution in lieu of any other penalty authorized by law. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Mandates that a restitution order require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense. Directs the court: (1) to order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources, other assets, projected earnings, other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender and shall direct the offender to give appropriate notice to multiple victims or other persons who may receive restitution where the identity of such victims and other persons can be reasonably determined; and (2) such in-kind payments may be in the form of the return or replacement of property or the provision of services. Provides that when the court finds that: (1) more than one offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability to reflect the level of contribution and economic circumstances of each offender; and (2) more than one victim has sustained a loss requiring restitution, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment in accordance with this Act. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. Title II: Violent Criminal Incarceration Act of 1996 - Subtitle A: Truth in Sentencing - Revises the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Attorney General to provide grants to eligible States (and to eligible States organized as a regional compact) to build, expand, and operate: (1) space in correctional facilities in order to increase prison bed capacity for persons convicted of a serious violent felony; and (2) temporary to permanent correctional facilities, including facilities on military bases and boot camp facilities, for the confinement of convicted nonviolent offenders and criminal aliens for the purpose of freeing suitable existing prison space for persons convicted of a serious violent felony. Permits such grants to be used to build, expand, and operate secure youth correctional facilities. Limits eligible States to receiving either a general grant or a truth-in-sentencing incentive grant. Requires a State, to be eligible to receive general grant funds, to submit to the Attorney General an application that provides assurances (general grant requirements) that since 1993 such State has increased: (1) the percentage of convicted violent offenders sentenced to prison; (2) the average prison time actually to be served by such offenders; and (3) the percentage of sentence actually to be served in prison by violent offenders. Requires a State, to be eligible to receive truth-in-sentencing incentive grants, to submit to the Attorney General an application that provides assurances that the State has enacted laws and regulations which include: (1) truth-in-sentencing laws which either currently require or, within three years, will require that persons convicted of a serious violent felony serve not less than 85 percent of the sentence imposed or 85 percent of the court-ordered maximum sentence for States that practice indeterminate sentencing; (2) laws requiring that the sentencing or releasing authorities notify and allow the victims of the defendant or the family of such victims the opportunity to be heard regarding the issue of sentencing and any post-conviction release; and (3) laws requiring that the releasing authority notify the victims of serious violent felons or the family of such victims and the convicting court regarding the release of a defendant. Requires a State, to be eligible to receive general grants or truth-in-sentencing grants under this Act, to provide an assurance to the Attorney General that: (1) inmate labor will be used to build and expand correctional facilities; (2) each State will involve counties and other local governments in the construction, development, expansion, modification, operation, or improvement of correctional facilities designed to ensure the incarceration of offenders and will share funds received under this subtitle with any county or other local government that is housing State prisoners, taking into account the burden placed on such local government in confining prisoners due to overcrowding in State prison facilities in furtherance of the purposes of VCCLEA; (3) the State has implemented or will implement (within 18 months) policies to determine the veteran status of inmates and to ensure that incarcerated veterans receive the veterans benefits to which they are entitled; and (4) the State has adopted procedures for the collection of reliable statistical data which compiles the rates of serious violent felonies before and after the receipt of general grant or truth-in-sentencing grant funds and will report such statistical data to the Attorney General if not already provided. Specifies that beginning in FY 1998, 15 percent of the funds that would otherwise be available to a State as general grants or truth-in-sentencing grants shall be withheld from any State which does not have an eligible system of consequential sanctions for juvenile offenders. Makes a State eligible for grants under this title notwithstanding the general grant requirements if the State practices indeterminant sentencing and the average times served in such State for murder, rape, robbery, and assault exceed the national average of times served for such offenses by ten percent or more. Allows a State to use up to 15 percent of the funds provided under this title for jail construction if the Attorney General determines that the State has enacted legislation that provides for pretrial release requirements at least as restrictive as those found in the Federal criminal code or legislation that prohibits an individual charged with an offense for which a sentence of more than one year may be imposed or involving violence against another person from being released before trial without a financial guarantee to ensure appearance before trial. Provides that the Governor of the State may allow for earlier release of a geriatric prisoner or a prisoner whose medical condition precludes the prisoner from posing a threat to the public after a public hearing in which representatives of the public and the prisoner's victims have an opportunity to be heard. Permits a State that otherwise meets the requirements of this title and that certifies to the Attorney General that exigent circumstances require that it expend funds to confine juvenile offenders, to use funds received under this title to build, expand, and operate juvenile correctional facilities or pretrial detention facilities for such offenders. Sets forth provisions regarding: (1) the formula for determining the amount of funds that each State may receive; (2) accounting, audit, and reporting requirements (including a requirement that States receiving funds under this title require that the appropriate public authorities report to the Attorney General the death of each individual while in a municipal or county jail, State prison, or other similar place of confinement and that the Attorney General annually publish a report on such deaths); and (3) limitations on funds. Authorizes appropriations. Sets forth provisions regarding: (1) the transfer and use of unallocated funds; and (2) the reservation of funds for payments to States for the incarceration of criminal aliens. Directs the Attorney General to give preference for specified payments under the Immigration and Nationality Act (INA) to States and political subdivisions which are ineligible for payments for incarceration of criminal aliens under this Act. Subtitle B: Stopping Abusive Prisoner Lawsuits - Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime and confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. (Sec. 212) Requires the court to dismiss any such action if satisfied that the action: (1) fails to state a claim upon which relief can be granted; or (2) is frivolous or malicious. (Sec. 213) Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. (Sec. 214) Amends the Federal judicial code to authorize the court to request an attorney to represent a person financially unable to employ counsel at any time. Requires (current law authorizes) the court to dismiss a proceeding in forma pauperis if the allegation of poverty is untrue or if satisfied that the action is frivolous or malicious. Requires: (1) a prisoner in a correctional institution who files an affidavit of indigence to include a statement of all assets such prisoner possesses; and (2) the court to make inquiry of the institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Subtitle C: Stop Turning Out Prisoners - Revises provisions of VCCLEA regarding judicial remedies with respect to prison conditions. Specifies that prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that action. Prohibits the court from granting or approving any prospective relief unless it finds that the relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Prohibits the court, in any such action, from granting or approving any relief to reduce or limit the prison population unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Sets forth provisions regarding: (1) termination of relief (including provision for the automatic termination of prospective relief after a two-year period); (2) procedure for motions affecting prospective relief; (3) standing (grants standing to specified Federal, State, or local officials to oppose the imposition or continuation in effect of relief to reduce or limit the prison population and to intervene in any proceeding relating to that relief); (4) special masters; and (5) attorney's fees. Subtitle D: Enhancing Protection Against Incarcerated Criminals - Amends the Federal criminal code to require the Bureau of Prisons to ensure that: (1) prisoners under its jurisdiction do not engage in any physical activities designed to increase their fighting ability; and (2) all equipment designed for increasing the strength or fighting ability of prisoners promptly be removed from Federal correctional facilities and not be introduced into such facilities thereafter except as needed for a medically required program of physical rehabilitation approved by the Director of the Bureau (Director). Subtitle E: Prison Conditions - Directs the Attorney General to establish standards regarding conditions in the Federal prison system that provide prisoners the least amount of amenities and personal comforts consistent with constitutional requirements and good order and discipline in the Federal prison system. (Sec. 242) Requires the Director to report annually to the Congress on the amount spent at each Federal correctional facility under the Bureau's jurisdiction for: (1) the minimal requirements necessary to maintain custody and security of prisoners; (2) basic nutritional needs; (3) essential medical services; and (4) amenities and programs beyond the scope of such items. Subtitle F: Community Service Projects - Amends the Federal criminal code to authorize the Chief Executive Officer of a Federal penal or correctional facility, as part of an inmate work program, to provide services to private, nonprofit organizations or to a component of any State government or political subdivision thereof which shall: (1) be used only for the benefit of the recipient entity; and (2) not displace an employee of the recipient or result in a reduction in hours, wages, or employment benefits of any employee of the recipient. Subtitle G: Prison Commissary Administration - Amends the Federal criminal code to authorize the Director to establish, operate, and maintain commissaries in Federal penal or correctional facilities to provide or make available to inmates articles and services authorized by the Director. Establishes in the Treasury the Prison Commissary Fund. Requires revenues from commissary articles and services to be deposited in the Fund which shall be available for the payment of any expenses incurred by the Bureau in establishing, operating, and maintaining prison commissaries and the Fund. Authorizes the Director to use monies from the Fund for the general welfare of inmates. Title III: Criminal Alien Deportation Improvements Act of 1996 - Amends INA, as amended by the Immigration and Nationality Technical Corrections Act of 1994, to expand the definition of "aggravated felony" to include various offenses including: (1) commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of five or more years' imprisonment may be imposed; (2) perjury or subornation of perjury for which a sentence of five or more years' imprisonment may be imposed; and (3) failure to appear before a court pursuant to a court order to answer or dispose of a charge of a felony for which a sentence of two or more years' imprisonment may be imposed. (Sec. 302) Subjects a conditional permanent resident alien convicted of an aggravated felony to expedited deportation. (Sec. 303) Revises the seven-year residency defense against a deportation or exclusion order to permit deportation or exclusion of a permanent resident alien who has been sentenced (currently, imprisoned) to five or more years for an aggravated felony. (Sec. 304) Limits collateral attacks on deportation orders. (Sec. 305) Amends VCCLEA to: (1) rename the criminal alien tracking center as the criminal alien identification system; (2) specify that the system shall be used to identify and locate deportable aliens who have committed aggravated felonies; and (3) transfer the system from the Attorney General to the Commissioner of the Immigration and Naturalization Service. (Sec. 306) Amends Federal criminal law to: (1) bring certain alien smuggling-related crimes under the purview of the Racketeer Influenced and Corrupt Organizations provisions; and (2) authorize wiretaps for alien smuggling investigations. (Sec. 308) Revises criteria under INA for deportation for crimes of moral turpitude to cover certain aliens convicted of a crime for which a sentence of one year or longer may be imposed. (Sec. 309) Makes local governments eligible for specified alien incarceration reimbursement assistance under VCCLEA. (Sec. 310) Amends INA to permit the use of electronic and telephonic media in deportation hearings. (Sec. 312) Directs the Secretary of State and the Attorney General to report on the effectiveness of the Prisoners Transfer Treaty with Mexico. (Sec. 313) Directs the Attorney General to designate a Department of Justice office which shall provide States and local entities with technical and prosecutorial assistance with respect to aliens who flee prosecution for crimes committed in the United States. (Sec. 314) Advises the President to negotiate bilateral prisoner transfer treaties. Requires annual presidential certification that a treaty is effectively returning illegal aliens incarcerated in the United States to finish their prison term in their home country. (Sec. 315) Directs the Attorney General and the Commissioner to develop an interior (home country) repatriation program. (Sec. 316) Amends INA to authorize deportation of nonviolent offenders prior to Federal or State sentence completion. Title IV: Local Government Law Enforcement Block Grants Act of 1996 - Amends VCCLEA to replace provisions of title I setting forth the Public Safety Partnership and Community Policing Act of 1994 with a local law enforcement block grant program. Requires the Director of the Bureau of Justice Assistance (BJA) to pay to qualifying local governments specified sums for reducing crime and improving public safety, including sums for: (1) hiring, training, and employing on a continuing basis new, additional law enforcement officers and support personnel; (2) paying overtime to increase the number of hours worked by presently employed officers and support personnel; (3) procuring equipment, technology, and other material directly related to basic law enforcement functions; (4) enhancing security measures in and around schools and any other facility or location which is considered by the unit of local government to have a special risk for incidents of crime; (5) establishing crime prevention programs that may involve, though not exclusively, law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity; (6) establishing or supporting drug courts; (7) establishing early intervention and prevention programs for juveniles to reduce or eliminate crime; (8) enhancing the adjudication process of cases involving violent offenders, including the adjudication process of cases involving violent juvenile offenders; (9) enhancing programs under the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) drug control and system improvement grant program; (10) establishing cooperative task forces between adjoining local governments to work cooperatively to prevent and combat criminal activity, particularly criminal activity that is exacerbated by drug- or gang-related involvement; and (11) establishing a multijurisdictional task force, particularly in rural areas, composed of local law enforcement officials, that works with Federal law enforcement officials to prevent and control crime. Prohibits a local government from expending any of the funds provided under this title to purchase, lease, rent, or otherwise acquire tanks or armored personnel carriers, fixed wing aircraft, limousines, real estate, yachts, consultants, or vehicles not primarily used for law enforcement unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the use of funds for such purposes essential to the maintenance of public safety and good order. Sets forth provisions regarding: (1) the timing of payments; (2) payment adjustments; (3) reservation of sums for adjustments; (4) repayment of unexpended amounts; (5) requirements that such funds not be used to supplant State or local funds; (6) matching funds; (7) oversight accountability and administration; and (8) technology assistance. Authorizes appropriations. Prohibits a local government from expending any of the funds provided under this title to purchase, lease, rent, or otherwise acquire tanks or armored personnel carriers, fixed wing aircraft, limousines, real estate, yachts, consultants, or vehicles not primarily used for law enforcement unless the Attorney General certifies that extraordinary and exigent circumstances make the use of funds for such purposes essential to the maintenance of public safety and good order. Requires the Director to: (1) establish procedures under which a local government is required to provide notice to the Director regarding the proposed use of funds made available under this title; and (2) establish a process for the ongoing evaluation of projects developed with such funds. Sets forth provisions regarding: (1) general qualification requirements; (2) sanctions for noncompliance; (3) maintenance of effort requirements; (4) the allocation and distribution of funds, including resolution of disparate allocations and unavailability and inaccuracy of information; (5) the use of funds to contract with private, nonprofit entities or community-based organizations; and (6) public participation. (Sec. 402) Repeals VCCLEA provisions regarding: (1) the Ounce of Prevention Council; (2) local crime prevention block grants; (3) model intensive block grants; (4) family and community endeavor schools grants; (5) assistance for delinquent and at-risk youth; (6) police retirement; (7) the Local Partnership Act; (8) the National Community Economic Partnership; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; (11) the family unity demonstration project; and (12) gang resistance and education training. Title V: Effective Death Penalty Act of 1996 - Subtitle A: Habeas Corpus Reform - Chapter 1: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners, running from the latest of the time at which: (1) the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (2) the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed where the applicant was prevented from filing by such State action; (3) the Federal right asserted was initially recognized by the Supreme Court where the right has been newly recognized by the Court and is retroactively applicable; and (4) the factual predicate of the claim or claims presented could have been discovered through the exercise of reasonable diligence. Specifies that time that passes during the pendency of a properly filed application for State review with respect to the pertinent judgment or claim shall not be counted toward any period of limitation. (Sec. 502) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits a certificate of probable cause to issue only if the petitioner has made a substantial showing of the denial of a Federal right. Specifies that such certificate must indicate which specific issue or issues satisfy this standard. (Sec. 504) Permits the denial of a habeas corpus petition on the merits, notwithstanding the failure of the applicant to exhaust State court remedies. Specifies that a State shall not be deemed to have waived the exhaustion requirement or estopped from reliance upon the requirement, unless, through its counsel, it expressly waives the requirement. Prohibits an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court from being granted with respect to any claim that was decided on the merits in State proceedings, unless the adjudication of the claim resulted in a decision that was based on an arbitrary or unreasonable: (1) interpretation of clearly established Federal law as articulated in U.S. Supreme Court decisions; (2) application to the facts of clearly established Federal law as articulated in such decisions; or (3) determination of the facts in light of the evidence presented in the State proceeding. (Sec. 505) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners, running from the latest of the time at which: (1) the judgment of conviction becomes final; (2) the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed where the movant was prevented from making a motion by such governmental action; (3) the right asserted was initially recognized by the Supreme Court where the right has been newly recognized by the Court and is retroactively applicable; and (4) the factual predicate of the claim presented could have been discovered through the exercise of reasonable diligence. Chapter 2: Special Procedures for Collateral Proceedings in Capital Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases, including provisions regarding: (1) the appointment of counsel; (2) stays of execution, limits on stays, and successive petitions; and (3) time requirements and tolling rules. Directs the district court, whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this subtitle applies, to consider only claims that have been raised and decided on the merits in the State courts, unless the failure to raise the claim properly is: (1) the result of State action in violation of the Constitution or laws of the United States; (2) the result of the Supreme Court recognition of a new Federal right that is retroactively applicable; or (3) based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review. Prohibits an appeal from being taken to the court of appeals from the final order of a district court denying relief in a habeas corpus proceeding that is subject to this subtitle unless a circuit justice or judge issues a certificate of probable cause. Specifies that such a certificate may only be issued if the petitioner has made a substantial showing of the denial of a Federal right and must indicate which specific issue or issues satisfy this standard. Sets forth provisions regarding limitation periods for determining petitions. Requires the Administrative Office of the United States Courts to report annually to the Congress on court compliance with the time limits established by this title. Chapter 3: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of BJA to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Subtitle B: Federal Death Penalty Procedures Reform - Revises VCCLEA provisions regarding the conduct of a special hearing to determine whether a death sentence is justified, to require the jury (or if there is no jury, the court) to consider whether the aggravating factors found to exist outweigh any mitigating factors and to recommend such sentence if it unanimously finds at least one aggravating factor and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. Directs that the jury be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation is to be based on the aggravating factors and any mitigating factors which have been found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgment.
Bill· HJRESH.J.Res. 159 (104th)passed
United States · United States Congress · 1 February 1996
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
Resolution· HCONRESH.Con.Res. 134 (104th)referred
United States · United States Congress · 25 January 1996
Condemns the court-martial of Specialist Michael New of the United States Army in response to his refusal to accept United Nations (UN) commanders and wear the UN insignia on his military uniform. Calls on the President, as Commander in Chief of the Armed Forces, to override New's conviction and restore his status with a place of honor in the Army.
Bill· HRH.R. 2900 (104th)open
United States · United States Congress · 25 January 1996
National Motor Vehicle Safety, Anti-Theft, Title Reform, and Consumer Protection Act of 1995 - Amends Federal transportation law to require States, in licensing a passenger motor vehicle whose ownership has been transferred, to disclose on the certificate of title whenever records indicate that such vehicle was previously issued a title that contained a word or symbol signifying that it was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or that it has been damaged by flood. Directs the Secretary of Transportation to issue regulations requiring each State in licensing such vehicles to apply uniform standards, procedures, and methods for the issuance and control of motor vehicle titles and for information to be contained on such titles. Authorizes States to use Federal highway safety funds to defray the costs of establishing new procedures to comply with such requirements. Makes it unlawful for any person knowingly and willfully to: (1) make false statements on an application for a motor vehicle title; (2) fail to apply for a salvage title when such application is required; (3) alter, forge, or counterfeit a certificate of title, a nonrepairable vehicle certificate, a certificate verifying an anti-theft inspection or an anti-theft and safety inspection, or a required decal affixed to a passenger motor vehicle; (4) falsify the results of an inspection; (5) offer to sell any salvage vehicle or nonrepairable vehicle as a rebuilt salvage vehicle; or (6) conspire to commit any of the above acts. Sets forth civil and criminal penalties for violations of this Act. Amends the Tariff Act of 1930 to prohibit customs officers from allowing the export of self-propelled vehicles from the United States by transport (current law permits the export of used self-propelled vehicles provided ownership information is given), unless the exporter presents proof of ownership to such officer. Sets forth a civil penalty for violations of this requirement.
Bill· HRH.R. 2786 (104th)open
United States · United States Congress · 15 December 1995
Modifies the reversionary interest retained by the United States as part of the conveyance of certain real property in Lawrence County, Ohio, to permit using such property for the operation of a senior center in addition to public park and recreational uses. Makes such modification effective on January 1, 1997.
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