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United States · Official source
4,623 records where Rep. Gordon, Bart [D-TN-6] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 1 March 1995
Amends the Perishable Agricultural Commodities Act, 1930 to redefine "dealer" to include a person in the wholesale or jobbing business who resells at retail regardless of any invoice dollar amount floor (required by current law) for purchased perishable and agricultural commodities. Defines "collateral fees and expenses" and "producer."
United States · United States Congress · 1 March 1995
Directs the Secretary of the military department concerned to pay an annuity to the qualified surviving spouse of any member of the armed forces who: (1) died before March 21, 1974, and was entitled to retired or retainer pay on the date of death; or (2) was a member of the reserves, died during the period beginning on September 21, 1972, and ending on October 1, 1978, and at the time of death would have been entitled to retired or retainer pay but for the fact that the member was under 60 years of age. Defines a qualified surviving spouse as one who has not remarried and who is not eligible for an annuity under the Survivor Benefit Plan. Provides the annuity amount and reduces such amount by the amount of any dependency and indemnity compensation to which the survivor is entitled.
United States · United States Congress · 28 February 1995
Amends part B (Supplemental Medical Insurance) of title XVIII (Medicare) of the Social Security Act to include within Medicare coverage the use of blood-testing strips for individuals with Type I or II diabetes. Requires such strips to be included within a payment methodology covering inexpensive and routinely purchased equipment.
United States · United States Congress · 28 February 1995
Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of diabetes outpatient self-management training services.
United States · United States Congress · 28 February 1995
Local Governments Flow Control Act of 1995 - Amends the Solid Waste Disposal Act to authorize States and political subdivisions to exercise flow control authority if, before May 15, 1994, such States or political subdivisions adopted a flow control measure that: (1) required the delivery of flow controllable solid waste to a proposed or existing waste management facility; or (2) identified waste management methods necessary for the transportation, management, or disposal of such waste and committed to designate a facility for such methods. Authorizes States and political subdivisions to exercise such authority over voluntarily relinquished recyclable materials generated within their boundaries. Considers flow control measures that implement such authority and contracts that authorize the collection, transportation, or disposal of flow controllable solid waste (but do not involve such authority) to be a reasonable regulation of commerce. Permits such authority with respect to recyclable materials only if: (1) the generator or owner of the materials voluntarily made the materials available to the State or subdivision and relinquished any rights to, or ownership of, such materials; (2) the State or subdivision assumes such rights or ownership; and (3) the State or subdivision complies with requirements to separate or divert recyclable materials for recycling, reclamation, or reuse. Establishes additional conditions on the exercise of flow control authority, including requirements that such authority is necessary to meet current or anticipated waste management needs, such authority is limited to specified waste categories, and revenues derived from the exercise of such authority are devoted primarily to solid waste management services. Permits States and subdivisions to designate a waste management facility only if they implement a competitive designation process. Retains the applicability of certain existing laws and contracts and considers such laws and contracts to be a reasonable regulation of commerce.
United States · United States Congress · 24 February 1995
Colorectal Cancer Screening Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to prescribe frequency and payment limits under Medicare part B (Supplementary Medical Insurance) for screening fecal-occult blood tests, flexible sigmoidoscopies, barium enemas, and colonoscopy.
United States · United States Congress · 24 February 1995
Expresses the sense of the House of Representatives that any additional interest rate increases should not be made without considering the effects of previous increases on the economy.
United States · United States Congress · 23 February 1995
Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Integrated Spent Nuclear Fuel Management Act of 1995. (Sec. 1) Instructs the Secretary of Energy (the Secretary) to accept spent nuclear fuel and high-level radioactive waste by not later than January 31, 1998. Entitles contract holders to specified remedies for the Secretary's failure to meet service contract obligations, or to accept spent nuclear fuel and high-level radioactive waste as mandated under this Act. States that the Nuclear Waste Fund shall fund the execution of service contract and implementation of the Secretary's responsibilities, including the acceptance of spent nuclear fuel and high-level radioactive waste at contract holder sites and transporting such fuel or waste to a private storage facility. Establishes an integrated spent nuclear fuel management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Prescribes procedural guidelines for the use of: (1) railroads; (2) transportation planning and requirements; (3) multi-purpose canister systems; (4) interim storage facilities; (5) permanent disposal; (6) land withdrawal; and (7) private storage facilities. Prescribes consultation and assistance guidelines between the Secretary and the State of Nevada. Prescribes budget priorities for purposes of annual requests for appropriations from the Waste Fund. Prescribes a fee schedule for electricity and nuclear fuel used to generate electricity in a civilian nuclear power reactor. Sets forth advance contract prerequisites for utilization or production facility license renewals. Reestablishes the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) establish by rule the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Subjects the Secretary to all Federal, State, and local environmental or land use laws and regulations, with specified exceptions. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Provides that upon a contract holder's request, the Secretary shall take title to or possession of spent nuclear fuel or high-level radioactive waste without removing it from the contract holder's designated storage site if the Secretary cannot accept such items within the contract's acceptance schedule. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Reestablishes the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take action as necessary to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. States that the program is not subject to civil service regulations. Abolishes the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. Repeals all references to the Yucca Mountain site. Requires the Secretary to report to the Congress whether particular milestones have been reached with respect to: (1) multi-purpose canister systems; (2) land withdrawals; (3) interim storage facilities; and (4) acceptance of spent nuclear fuel from contract holders. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ on an on-going basis, integrated performance modeling regarding site characterization. (Sec. 2) Sets forth transition provisions for the continuation of: (1) contracts; (2) Nuclear Waste Fund; (3) Office of Civilian Radioactive Waste Management; and (4) Nuclear Waste Technical Review Board. (Sec. 3) Mandates that amounts in the Nuclear Waste Fund be appropriated exclusively for certain authorized purposes cited in the Nuclear Waste Policy Act of 1982. Precludes such appropriations from being taken into account for any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends such Act to provide that appropriations to the Nuclear Waste Fund are not subject to its discretionary spending limits or to a certain allocation of the Energy and Waster Development Subcommittee of the Appropriations Committee. Reduces specified discretionary spending limits under the Congressional Budget Act of 1974.
United States · United States Congress · 21 February 1995
Amends title XVIII (Medicare) of the Social Security Act to limit Medicare coverage of chiropractic services to certain services for the treatment of spinal conditions that are conducted by State-licensed doctors of chiropractic legally authorized by the State to provide them.
United States · United States Congress · 16 February 1995
Copyright Term Extension Act of 1995 - Amends Federal copyright provisions regarding preemption of laws concerning duration of copyrights. Prohibits the annulment or limitation of rights or remedies under State laws with respect to sound recordings fixed before February 15, 1972, until February 15, 2067 (currently, 2047). Extends the duration of copyright in a work created on or after January 1, 1978, to the life of the author and 70 (currently, 50) years after the author's death. Makes the same extension with regard to joint works created on or after such date. Extends the duration of copyright in anonymous or pseudonymous works or works made for hire on or after such date to 95 (currently, 75) years from the year of the first publication, or 120 (currently, 100) years from the year of creation, whichever expires first. Makes conforming extensions with respect to provisions regarding the presumption of an author's death. Extends the duration of copyright in works created before January 1, 1978 (but not published or copyrighted), to at least December 31, 2012 (currently, 2002). Extends from December 31, 2027, to December 31, 2047, the duration of copyright in works published on or before December 31, 2012. Extends the duration of certain subsisting copyright renewals by a period of 20 years.
United States · United States Congress · 16 February 1995
TABLE OF CONTENTS: Title I: Time-Limited Transitional Assistance Title II: Make Work Pay Title III: The Work First Program Title IV: Family Responsibility and Improved Child Support Enforcement Title V: Teen Pregnancy and Family Stability Title VI: Program Simplification Title VII: Financing Title VIII: SSI Reform Title IX: Effective Date Individual Responsibility Act of 1995 - Title I: Time-Limited Transitional Assistance - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to: (1) require States opting to have work first programs to make ineligible for AFDC any family with a member who has participated in such work program, generally, for two years (and so is prohibited from further participation), while preserving the eligibility of such families for Medicaid; (2) condition eligibility for AFDC on participation in job search activities except during unsubsidized full-time private sector employment; and (3) direct the Secretary of Health and Human Service (Secretary) to establish a database of work first and community service programs participants for use by States opting to have work first programs. Title II: Make Work Pay - Amends SSA titles XIX (Medicaid) and IV part A (AFDC), as well as the Internal Revenue Code (IRC) and other specified Federal law, to make various specified changes with regard to certain program aspects, among them: (1) extended Medicaid enrollment for former AFDC recipients; (2) increased AFDC earned income disregards; (3) limited AFDC income and resource disregards of savings for education, first time home purchase, or microenterprise initiatives; (4) child care, including replacement of current Federal child care programs with State-administered block grant programs for child care services, as well as child care for work first program participants; and (5) refundable tax credits for dependent care and other expenses connected with gaining employment in order to enable AFDC recipients to become self-sufficient. Title III: The Work First Program - Amends SSA title IV to replace the current Job Opportunities and Basic Skills Training Program under part F with a new Work First Program that allows participating States to establish one of two types of work programs, with one type similar to the programs operated by Riverside County, California, and the State of Oregon. (Sec. 301) Adds a new part G under which States establishing a work first program have the option to establish community service programs with requirements for securing unsubsidized full-time employment in the private sector. Requires a work supplementation component under such programs that provides for subsidized private sector or State or local government jobs. Requires States to provide program participants with the necessary case management services to ensure integrated benefits and services provided under such programs. Expresses the sense of the Congress that: (1) States should target individuals who have not attained 25 years of age for participation in work first programs; and (2) the Secretary and the States should consider the needs of rural areas in designing State plans under SSA title IV parts F and G. Title IV: Family Responsibility And Improved Child Support Enforcement - Amends SSA title IV parts A and D (Child Support and Establishment of Paternity) with regard to: (1) AFDC recipient cooperation in establishing paternity of out-of-wedlock children; (2) various State and Federal locate services, including the Federal Parent Locator Service (FPLS) (which, along with the databases accessed by it, is expanded to form a national network based on comprehensive statewide child support enforcement systems); (3) private access to locate and child support enforcement services; (4) availability of parenting social services for new fathers; (5) the $50 child support disregard (which is eliminated); (6) Federal matching payments and State performance-based incentives and penalties; and (7) State law on paternity establishment. (Sec. 401) Expresses the sense of the Congress that: (1) certain actions pursuant to a child support order, such as denial of visitation rights, should be treated as irrelevant in actions brought to enforce other provisions of the order; (2) the Secretary should investigate accessing Federal data banks not linked to FPLS which are more than marginally useful in handling locate requests; (3) the national network for handling such requests should be used to access State records only through the appropriate State agency; (4) social services should be provided in hospitals to women whose pregnancy results from rape or incest; and (5) States should develop programs like the State of Wisconsin's program for noncustodial parents unable to meet support obligations. (Sec. 421) Establishes the National Child Support Guidelines Commission to study, develop, and report to the President and the Congress a national child support guideline, if one proves advisable. (Sec. 422) Provides under State laws for expedited administrative and judicial procedures for establishing paternity and for establishing, modifying, and enforcing support obligations. (Sec. 431) Requires the Secretary of the Treasury to establish a system for enabling child support information to be obtained at the workplace via W-4 form reporting by employees. Amends IRC to require employers to: (1) deduct and withhold child support obligations from employee wages; (2) pay withholdings to the appropriate payee; and (3) include withheld obligations on the employee's W-2 form. Makes various other specified changes to SSA title IV part D and other applicable Federal laws involving: (1) State procedures for comparing information in the national registry of child support orders (NR) established under this title with information obtained from W-4 form reporting, and for imposing monetary penalties on employees who fail to report support obligations; (2) development of uniform withholding orders; (3) garnishment of certain Federal benefits and seizure of lottery winnings and other payouts to satisfy support arrearages; (4) State reporting of support obligations to credit bureaus; (5) liability of grandparents for financial support of children of their minor children; (6) distribution of child support payments through State child support enforcement agencies to former assistance recipients; (7) due process rights of the parties to child support cases; (8) use of social security numbers under State law for recording marriage licenses, divorce decrees, birth records, and child support and paternity orders; (9) interstate enforcement of child support orders; (10) State suspension of driver's and other types of licenses for nonpayment of support or failure to appear at child support proceedings; (11) treatment of support obligations under the bankruptcy code; (12) the mechanism for offsetting past-due support against income tax overpayments, with changes in the order of refund distributions; and (13) the treatment of assigned and non-assigned support arrearages. Title V: Teen Pregnancy and Family Stability - Amends SSA title IV part A with respect to Federal and State roles in reducing teenage pregnancy and promoting family stability, among other things by: (1) giving States the option to deny AFDC for additional children (except those born as a result of rape or incest) of AFDC families while preserving their eligibility for Medicaid; and (2) providing for unmarried minors who are pregnant or who have children to live under adult supervision in order to receive AFDC. (Sec. 503) Directs the Secretary of Education to establish a task force to reduce teenage pregnancy. (Sec. 508) Places restrictions on Federal housing benefits to minors who bear children out-of-wedlock. (Sec. 509) Give States the option of denying AFDC to minor parents. (Sec. 511) Expresses the sense of the Congress that: (1) children should be educated about the risks of early parenthood; (2) reproductive family planning and education should be made available to potential parents; and (3) States should use SSA title XX (Block Grants to States for Social Services) funds to provide comprehensive services to high-risk youth and work with schools for early identification and referral of such children. Title VI: Program Simplification - Amends SSA titles IV part A and XI, as well as the Food Stamp Act of 1977, among other things to give States increased flexibility in providing AFDC benefits (including restoring those wrongfully terminated) through, among other means, use of electronic benefit transfers, quicker action on waiver requests, and coordination with food stamp rules. (Sec. 631) Expresses the support of the Congress for certain efforts by the Social Security Administration to reduce fraud and abuse in the Supplemental Security Income (SSI) Program under SSA title XVI. (Sec. 632) Requires the Commissioner of Social Security to study and report to the Congress on the feasibility of issuing a single counterfeit-resistant ID card to replace the current social security card and any health security card issued under health reform legislation. (Sec. 641) Sets forth additional AFDC changes involving: (1) State payment options under the program for dependent children of unemployed parents; (2) State determination of the needs of the dependent child and relative with whom the child is living; (3) "fill- the-gap" budgeting; (4) repeal of the requirement for supplemental payments in States paying less than their needs standards; (5) collection of AFDC overpayments from Federal tax refunds; and (6) disregard of student and nonrecurring lump-sum income. (Sec. 646) Amends SSA title XI to raise the limitations on payments under SSA titles I (Old Age Assistance), X (Aid to the Blind), XIV (Aid to the Permanently and Totally Disabled), and XVI (Supplemental Security Income)(SSI), and IV parts A and E (Foster Care and Adoption Assistance). Title VII: Financing - Amends the SSA, the IRC, and the Food Stamp Act of 1977 to make certain aliens ineligible for AFDC, SSI, Medicaid, and food stamps. (Sec. 711) Sets forth special rules concerning aliens and general public assistance. (Sec. 714) Authorizes grants to States to compensate for resident lawful aliens. Provides for allocation of such financial assistance to each State and the District of Columbia. Authorizes appropriations. (Sec. 721) Amends SSA title IV part A (AFDC) to revise: (1) the definition of "emergency assistance to needy families with children;" and (2) the limitation on State expenditures for such assistance. (Sec. 731) Amends the National School Lunch Act to: (1) modify family and group day care home reimbursement provisions under the child and adult care food program; and (2) provide grants to States for making grants to family and day care homes. (Sec. 741) Requires the Director of the Office of Management and Budget to make specified downward adjustments in discretionary spending limits under the Congressional Budget Act of 1974 for FY 1996 through 1998. (Sec. 751) Amends IRC to: (1) provide for the inclusion of certain Federal assistance in gross income, assistance such as AFDC and food stamps; (2) make payments of certain assistance reportable to the Internal Revenue Service; (3) deny the earned income tax credit to individuals not authorized to be employed in the United States; (4) phaseout the earned income credit for individuals having more than $2,500 of taxable interest and dividends; and (5) provide for the treatment of children receiving AFDC benefits under the earned income credit. Title VIII: SSI Reform - Amends SSA title XVI to limit the payment of SSI benefits for children by reason of disability. Title IX: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 16 February 1995
Expands the boundaries of the Stones River National Battlefield in Tennessee. Authorizes appropriations.
United States · United States Congress · 16 February 1995
Amends the Internal Revenue Code to exclude from gross income any veterans' allowance or benefit administered by the Secretary of Veterans Affairs.
United States · United States Congress · 15 February 1995
Amends the Davis-Bacon Act to raise the threshold amount of contracts covered by such Act. Sets forth provisions relating to multiple contracts, apprentices, trainees, helpers, wage review, and administration of such Act. Amends the Copeland Anti-Kickback Act to revise payroll information reporting requirements. Directs the Secretary of Labor to study and report to the Congress on electronic reporting of such information.
United States · United States Congress · 14 February 1995
Amends the Internal Revenue Code to provide for the nonrecognition of gain on property held for at least ten years which is compulsorily or involuntarily converted as the result of the exercise of eminent domain, without regard to whether the replacement property is similar or of like kind.
United States · United States Congress · 13 February 1995
Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 13 February 1995
Colon Cancer Screening and Prevention Act - Amends title XVIII (Medicare) of the Social Security Act to prescribe frequency and payment limits under Medicare part B for screening fecal-occult blood tests, flexible sigmoidoscopies, and colonoscopy.
United States · United States Congress · 10 February 1995
Repeals penalties for noncompliance by States with a program requiring the use of motorcycle helmets.
United States · United States Congress · 10 February 1995
Requests the President, within 14 days of the adoption of this resolution, to provide to the House of Representatives any document concerning: (1) the assured source of repayment to the United States for any credit facility made available to Mexico after December 31, 1994; (2) the net worth and historical annual revenues of Pemex as well as the projected annual revenues for the five-year period beginning on this resolution's adoption date and the extent to which proceeds from the sale of Mexican oil to customers are required to be paid to Mexico as taxes or payments in lieu of taxes or have been pledged as collateral for the repayment of loans or credit extended to Mexico or Pemex (other than credit facilities described in (1)); (3) the value of any oil the proceeds from the sale of which are pledged to assure the repayment of assistance provided by the United States and the manner in which the United States may exercise rights to obtain such proceeds as repayment for losses incurred; (4) assurances given by the Mexican Government with respect to changes in economic policies; (5) the decision by the President to use the assets of the exchange stabilization fund (fund) in connection with credit facilities described in (1) above; (6) criteria used in making any decision to use such assets to respond to any economic, balance of payments, or exchange crisis in any country and the facts on which such determinations were made with respect to Poland in 1989 and to Mexico in 1994 and 1995; (7) how the use of such assets as a source of credit to Mexico compares with all prior uses since 1945 for all other countries with regard to dollar amount, type, purpose, and duration of transaction, security or collateral pledged, and the existence of any agreement involving the International Monetary Fund (IMF) or the Federal Reserve System; (8) outstanding debts owed by the Mexican Government to U.S. creditors; (9) an accounting of all the fund flows through the fund for the 24-month period preceding the date of adoption of this resolution; (10) the balance of available assets in the fund; (11) the amount by which the total extensions of credit that will be made available to Mexico exceeds available assets in the fund and the means for covering any shortfall; (12) the departure of the IMF from its customary guidelines for country assistance; (13) the factual circumstances pursuant to which the Bank for International Settlements has become a lender to individual countries beyond the Bank's role as a clearinghouse for central banks; (14) the financial obligations of the Federal Reserve to the Bank; (15) the relationship among the Federal Reserve, the Bank, and central banks of other countries affiliated with the Bank with regard to assigning the ultimate liability for loss incurred in connection with the extension of credit to Mexico; (16) any meeting between the President and Members of Congress concerning the President's proposed actions to strengthen the Mexican peso and support economic stability in Mexico; and (17) any discrepancy between the amount the President announced is available in the fund and the amount shown as being available in the monthly statement of the public debt of the United States on December 31, 1994.
United States · United States Congress · 9 February 1995
Law Enforcement Officers' Bill of Rights Act of 1995 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. Sets forth minimum standards that apply when an officer is under investigation that could lead to disciplinary action, including, with respect to: (1) rights of officers while under investigation, the right to be notified of the investigation prior to being interviewed and, at the conclusion of the investigation, to be informed in writing of the investigative findings and any recommendation for disciplinary action; (2) rights of officers prior to and during questioning, that the questioning be conducted at a reasonable hour at the offices of the persons conducting the investigation or at the place where the officer reports for duty (unless the officer consents in writing to being questioned elsewhere), that the officer be informed of the questioner's identity, that all questions be asked by or through a single investigator, that the officer be informed in writing of the nature of the investigation prior to any questioning, that the questioning be for a reasonable time period, that no threats or promises be made in connection with an investigation to induce the answering of any question, that all questioning be recorded in full (and a copy of the transcript made available to the officer), and that the officer be entitled to counsel (or another person of the officer's choice) at any questioning (unless the officer consents in writing to being questioned outside the presence of counsel); and (3) the conduct of a disciplinary hearing, notice of opportunity for a hearing, requirement of determination of a violation, time limits, notice of filing of charges, representation, provision of a hearing board and procedure, access to evidence, identification of witnesses, a copy of the investigative file, examination of physical evidence, summonses, closed hearings, recordation, sequestration of witnesses, testimony under oath, verdicts on each charge, the burden of persuasion, findings of not guilty or guilty, and appeals. Allows an officer to waive any of the rights guaranteed by this Act subsequent to the time that the officer has been notified that he or she is under investigation. Specifies that such a waiver shall be in writing and signed by the officer. Sets forth provisions regarding: (1) summary punishment and emergency suspension; (2) retaliation for exercising rights; (3) other remedies; (4) declaratory or injunctive relief; (5) prohibition of adverse material in the officer's file (unless the officer has an opportunity to review and comment in writing on such material); (6) disclosure of personal assets; (7) States' rights; and (8) mutually agreed upon collective bargaining agreements.
United States · United States Congress · 9 February 1995
Helium Privatization 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 · 8 February 1995
Firefighters Pay Fairness Act of 1995 - Amends Federal law to provide that, for Federal fire fighters, the annual rate of basic pay shall be calculated on the basis of 26 administrative biweekly work periods of up to 106 hours each. Prescribes a formula for computing the basic biweekly pay of Federal employees who are not fire fighters but perform fire fighting duties. Extends existing biweekly pay period and pay computation requirements to Federal fire fighters and employees in and under the judicial branch. Removes employees of the District of Columbia government from coverage by such requirements. Repeals the current exception from such requirements for employees on the Isthmus of Panama in the service of the Panama Canal Commission. Requires compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period by fire fighters subject to the Fair Labor Standards Act of 1938. Prescribes basic rates of pay for fire fighters: (1) promoted to a supervisory position; and (2) selected and assigned for training. Adds certain pay retention rights for Federal firefighters subject to a reduction or termination of a rate of pay established under this Act. Authorizes a Federal agency to pay cash awards of up to five percent of basic pay to fire fighters or other employees performing fire fighting duties who make substantial use of: (1) special skills, such as handling hazardous materials; or (2) a certification or license, such as certification as an emergency medical technician. Requires the Office of Personnel Management to report to the Congress with respect to transition and funding increase plans and regulatory or legislative modifications necessary to prevent diminution in retirement benefits under this Act.
United States · United States Congress · 7 February 1995
Truth in Budgeting Act - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being 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. (Sec. 3) Amends Federal transportation law to require the Secretary of Transportation to estimate annually what, but for this Act, would be at the close of the next fiscal year: (1) the amount of unfunded aviation authorizations; and (2) the net aviation receipts. Requires the Secretary to: (1) determine the amount by which unfunded aviation authorizations does or does not exceed net aviation receipts; and (2) make appropriate adjustments to amounts authorized to be appropriated and the amounts available for obligation from the Airport and Airway Trust Fund based on the difference. (Sec. 4) Sets forth similar provisions with respect to the Inland Waterways and the Harbor Maintenance Trust Funds.
United States · United States Congress · 3 February 1995
Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard.
United States · United States Congress · 1 February 1995
Tax Fairness for Agriculture Act of 1995 - Amends the Internal Revenue Code to prohibit agricultural or horticultural organization member dues (limited to a specified amount) from being treated as unrelated business taxable income for purposes of the tax on unrelated business income.
United States · United States Congress · 31 January 1995
Shenandoah Valley National Battlefields Partnership Act of 1995 - Establishes the Shenandoah Valley National Battlefields in Virginia. Directs the Secretary of the Interior to protect, manage, and administer the Battlefields for the purposes of preserving and interpreting their natural, cultural, and historical resources and of providing for public understanding and appreciation of the Battlefields in such a manner as to perpetuate these qualities and values for future generations. Authorizes the Secretary to acquire lands within the boundaries of the Battlefields, subject to specified requirements. Directs the Secretary to allow at Battlefield locations any living history demonstrations and battlefield reenactments that occurred during the 12 months prior to enactment of this Act or that are otherwise determined appropriate. (Sec. 6) Requires that the Battlefields be managed by the Secretary pursuant to this Act and the Shenandoah Valley National Battlefields plan (plan) to be developed by the Shenandoah Valley National Battlefields Commission (to be established under this Act) and approved by the Secretary. (Sec. 7) Authorizes the Secretary to establish partnerships and enter into cooperative agreements concerning lands within the Battlefields and historic core areas with other Federal, State, or local agencies and private persons and organizations. (Sec. 8) Authorizes the Secretary: (1) to award grants and provide technical assistance to owners of property located within the battlefields and historic core areas to provide for the preservation and interpretation of natural, cultural, and historical resources; and (2) to award grants and provide technical assistance to governmental entities to assist with the planning, development, and implementation of comprehensive plans, land use guidelines, regulations, ordinances, or other appropriate documents that are consistent with and designed to protect the historic character of the Battlefields and historic core areas. Directs the Commission to conduct a regular review of approved plans, guidelines, regulations, ordinances, or documents (documents), and where appropriate, to recommend that the Secretary withdraw approval and suspend any grant authority pursuant to this section. Terminates the Commission 45 days after plan approval by the Secretary. Directs the Secretary to suspend grants awarded upon determining that such documents are modified in a manner that is inconsistent with the protection of the historic character of the Battlefields and historic core areas. Specifies that the Federal share of any grant made under this section may not exceed the amount of the non-Federal funds provided. (Sec. 10) Directs the Commission to: (1) advise the Secretary on the administration of the Battlefields; (2) assist Virginia or any political subdivision thereof in the management, protection, and interpretation of the natural, cultural, and historical resources within the historic core areas; and (3) take appropriate action to encourage protection of the natural, cultural, and historical resources within the Battlefields and historic core areas by landowners, local governments, organizations, and businesses. Authorizes the Commission to assist any nonprofit organization in the management, protection, and interpretation of the natural, cultural, and historical resources within the historic core areas. (Sec. 11) Authorizes appropriations.
United States · United States Congress · 26 January 1995
Crime Victims Restitution Act of 1995 - 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. 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. Directs the court to: (1) 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, specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and other assets, projected earnings and 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 (2) such in-kind payments may be in the form of the return or replacement of property, or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) 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 among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, 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 of an offender. 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.
United States · United States Congress · 19 January 1995
Amends title XVIII (Medicare) of the Social Security Act and other Federal law to make any managed health care plan established by the Secretary of Defense in the Military Health Services System eligible for payments by the Secretary of Health and Human Services on behalf of any plan enrollees entitled to Medicare benefits.
United States · United States Congress · 19 January 1995
Social Security Notch Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals who reached age 65 in or after 1982 and to whom applies the 15-year period of transition to the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 70 percent to ten percent keyed to the year an individual became eligible for such benefits between 1979 and 1993.
United States · United States Congress · 18 January 1995
TABLE OF CONTENTS: Title I: Immigration and Law Enforcement Title II: Immigration Document Fraud Prevention Title III: Restrictions on Alien Eligibility for Welfare Immigration Reform Act of 1995 - Title I: Immigration and Law Enforcement - Increases: (1) FY 1996 personnel levels and funding for the Border Patrol; and (2) personnel levels for the Immigration and Naturalization Service (INS). (Sec. 103) Amends the Immigration and Nationality Act (Act) to provide for inservice training to familiarize Border Patrol personnel with the rights and varied cultural backgrounds of aliens and citizens. Authorizes FY 1996 appropriations. (Sec. 105) Increases FY 1996 personnel levels in: (1) the Wage and Hour Division with the Employment Standards Administration of the Department of Labor, and assigns such additional personnel to areas with high concentrations of undocumented aliens; and (2) the Investigations Division within INS, and assigns such additional personnel to investigate violations of the employer sanctions provisions of the Act. (Sec. 107) Increases the number of Assistant United States Attorney positions, and assigns such additional personnel to prosecute persons who harbor or bring illegal aliens into the United States. (Sec. 108) Prohibits the transportation of illegal aliens for employment purposes. (Sec. 109) Prohibits Federal financial assistance to localities whose officials refuse to cooperate in the arrest and deportation of illegal aliens. (sec. 110) Expresses the sense of the Congress that the Attorney General and the Secretary of State should initiate programs with Mexico and Canada to prevent and prosecute the smuggling of aliens into the United States. Title II: Immigration Document Fraud Prevention - Provides for: (1) the replacement of current alien registration cards with new counterfeit-resistant identification cards (which shall not be considered national identity cards) for all resident aliens eligible to work in the United States; (2) a national program to educate employers about their responsibilities under the Immigration and Nationality Act and the uses of such cards; and (3) a demonstration program to determine the feasibility of a computerized telephone worker verification system for employers. Authorizes FY 1996 and 1997 appropriations. Title III: Restrictions on Alien Eligibility for Welfare - Prohibits direct Federal financial benefits or social insurance benefits (including aid to families with dependent children, supplemental security income, food stamps, and public housing assistance) to aliens who are not lawful permanent residents. Prohibits unemployment benefits to aliens who have not been granted employment authorization under Federal law. Makes a limited exception from this prohibition for benefits under the old age, survivors, and disability insurance (OASDI) program, but prohibits taking into account unauthorized wages paid on or after enactment of this Act in crediting quarters of coverage for the OASDI program under the Social Security Act.
United States · United States Congress · 17 January 1995
Student Loan Evaluation and Stabilization Act of 1995 - Amends the Higher Education Act of 1965 with respect to student loan programs. (Sec. 3) Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year; and (2) for academic year 1995-1996 and any succeeding fiscal year, to loans to students and parents of students attending eligible institutions which have applied and been accepted for institutional participation in such program on or before December 31, 1994. Eliminates provisions for selecting additional institutions to participate in such pilot program. Reduces the maximum amount of funds for administrative expenses of such program allowed for certain periods. Revises the items which such funds must cover, including the costs of annually assessing such program and payment of an administrative cost allowance for the expenses of guaranty agencies in servicing outstanding loans in their portfolios and in guaranteeing new loans. Revises provisions for congressional oversight of program administration, by providing for funding triggers which allow administrative funds to be obligated only in such amounts and according to such schedule as specified in the appropriations Act for the Department of Education after submission by the Department of a detailed proposal for such expenditures. Requires a guaranty agency to: (1) submit a specified application before obtaining an administrative cost allowance from such funds; (2) expend such allowance only for specified purposes; and (3) elect a payment rate on the basis of one of two specified formulas. Provides for ratable reductions of such allowances when total payments exceed a specified level. Directs the Secretary of Education to provide a detailed quarterly report of all such expenditures to specified congressional committee chairs. Requires such report to specifically identify all contracts entered into by the Department for services supporting the Federal Family Education Loan (FFEL) Program and the Federal Perkins Loan Program, as well as the current and projected costs of such contracts. Eliminates the transition to the Federal Direct Loan Program. (Sec. 4) Sets forth conditions under which: (1) Federal Perkins Loan borrowers can obtain FFEL consolidation loans; and (2) FFEL borrowers can obtain Federal direct consolidation loans. (Sec. 5) Revises provisions relating to reserve fund programs. (Sec. 6) Sets institutional default rate limitations on direct lending. (Sec. 7) Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Allows such form to be in an electronic or any other format, subject to certain conditions, in order to facilitate use by borrowers and institutions. Provides for authorized guaranty agencies to receive such form. (Sec. 8) Amends the Congressional Budget Act to prescribe a formula for determining the cost of a direct loan on the basis of the net present value, at the time the direct loan is disbursed, of specified types of cash flows for the estimated life of the loan.
United States · United States Congress · 17 January 1995
United States One Dollar Coin Act of 1995 - Amends Federal currency law to prescribe the color and content of one-dollar coins. Prohibits a Federal reserve bank from placing into circulation any one-dollar Federal Reserve note after the date that the one-dollar coins are first placed in circulation. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes (except for such quantities as are required to meet collectors' needs).
United States · United States Congress · 17 January 1995
Church Retirement Benefits Simplification Act of 1995 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.
United States · United States Congress · 11 January 1995
National Gambling Impact and Policy Commission Act - Establishes the National Gambling Impact and Policy Commission to: (1) study gambling in the United States and existing governmental policies and practices with respect to the legalization or prohibition of gambling activities; and (2) formulate and propose appropriate changes in such policies and practices for a report to the President and the Congress.
United States · United States Congress · 11 January 1995
Amends the Omnibus Budget Reconciliation Act of 1990 to: (1) make permanent the Medicare select policy program; and (2) allow access to Medicare select policies in all States. Amends title XVIII (Medicare) of the Social Security Act to revise the Medicare select policy program and provide for a civil penalty for misrepresentations made in connection with a Medicare select policy.
United States · United States Congress · 5 January 1995
Expresses the sense of the House of Representatives that: (1) obstetrician-gynecologists should be designated as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 4 January 1995
Amends Federal law to prohibit any State from imposing an income tax on the retirement income of any individual who is not a resident or domiciliary of that State.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to provide that the burden of proof with respect to all issues, in the case of any court proceeding, is on the Secretary of the Treasury. Requires the Secretary to identify in writing the specific kind or type of tax, and its specific implementing regulations, within 14 days upon the written request from any person made liable for such tax. Increases the limitation on the amount of recovery for civil damages for unauthorized collection actions by the Internal Revenue Service. Excludes such damages from gross income.
United States · United States Congress · 4 January 1995
Terminates the International Space Station Alpha program.
United States · United States Congress · 4 January 1995
Provides that the effective date for discontinuance of veterans' disability compensation and veterans' pension paid by the Secretary of Veterans Affairs shall be the date on which the recipient dies (currently the last day of the month preceding death) in the case of a veteran with a surviving spouse. Requires payments of such compensation to be made to the surviving spouse. Provides that the effective date for the award of dependency and indemnity compensation for which application is received within one year from the date of the veteran's death shall be the day following the date of death in the case of a surviving spouse.
United States · United States Congress · 4 January 1995
Gun Ban Repeal Act of 1995 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to repeal the ban on semiautomatic assault weapons and large capacity ammunition feeding devices.
United States · United States Congress · 4 January 1995
Amends Federal law to exclude the Civil Service Retirement and Disability Fund from the Federal and congressional budgets, and exempt it from any general budget limitation imposed by statute on U.S. budget outlays and from certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 4 January 1995
COLA Equity Act - Amends the Omnibus Budget Reconciliation Act of 1993 to: (1) provide that the initial month for which a cost of living increase in military retired pay that becomes effective on December 1 of 1993, 1994, or 1995 is payable shall be March (currently, September) of the following year for persons who first became a member of a uniformed service before August 1, 1986; and (2) provide that such special rule shall apply only through FY 1996 (currently, FY 1998).
United States · United States Congress · 4 January 1995
Amends the Flood Control Act of 1968 to allow user fees to be collected at lakes and reservoirs under the jurisdiction of the U.S. Army Corps of Engineers (Corps) only from users of highly developed facilities requiring continuous presence of maintenance and supervision personnel and to prohibit the collection of such fees for access to or use of water areas, beaches, picnic grounds, overlook sites, scenic drives, or boat launching ramps.
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
TABLE OF CONTENTS: Title I: Effective Death Penalty Subtitle A: Habeas Corpus Reform Subtitle B: Federal Death Penalty Procedures Reform Title II: Deterring Gun Crimes Title III: Mandatory Victim Restitution Title IV: Law Enforcement Block Grants Title V: Truth in Sentencing Grants Title VI: Exclusionary Rule Reform Title VII: Stopping Abusive Prisoner Lawsuits Title VIII: Further Streamlining Deportation of Criminal Aliens Title IX: Amendments to Violent Crime Control and Law Enforcement Act Taking Back Our Streets Act of 1995 - Title I: Effective Death Penalty - 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. (Sec. 102) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Prohibits an appeal from being taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, or from the final order involving a prisoner in Federal custody, unless a circuit justice or judge issues a certificate of probable cause. Authorizes the issuance of such certificate only if the petitioner has made a substantial showing of the denial of a Federal right and if the certificate indicates which specific issues satisfy this standard. (Sec. 104) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. (Sec. 105) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners. Chapter 2: Special Procedures for Collateral Proceedings in Capital Cases - Sets forth special habeas corpus procedures in capital cases, including provisions regarding the appointment, and claims of ineffectiveness, of counsel. Specifies that, if a stay of execution has expired, no Federal court thereafter shall have the authority to enter a stay or grant relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim is the result of State action in violation of the Constitution or U.S. law or the result of Supreme Court recognition of a new Federal right that is retroactively applicable or is 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; and (3) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error no reasonable fact finder would have found the petitioner guilty of the underlying offense or eligible for the death penalty under State law. Denies any Federal district court or appellate judge the authority to enter a stay, issue injunctive relief, or grant any equitable or other relief in a capital case on any successive habeas petition unless the court first determines that the petition or other action does not constitute an abuse of the writ. Permits such determination to be made only by the district judge or appellate panel that adjudicated the merits of the original habeas petition, with an exception. Allows a stay to issue under this provision in the Federal courts of appeal only when a majority of the original panel or of the active judges determines the petition does not constitute an abuse of the writ. Sets forth provisions regarding: (1) filing of habeas corpus petitions; (2) State unitary review procedures; and (3) limitation periods for determining petitions. Specifies that the adjudication of any petition for habeas corpus with respect to State prisoners and of any motion for habeas corpus regarding Federal prisoners by a person under sentence of death shall be given priority by the district court and by the court of appeals over all non-capital matters. Chapter 3: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance (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 - Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to provide that the jury (or if there is no jury, the court), in determining whether a sentence of death is justified, shall: (1) consider whether the aggravating factor or factors found to exist outweigh any mitigating factors; and (2) recommend a death sentence if it unanimously finds at least one aggravating factor and no mitigating factor or if it finds 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. Title II: Deterring Gun Crimes - Amends the Federal criminal code to set mandatory prison terms for carrying, using, or discharging a firearm or destructive device during a State crime that is a serious violent felony or a serious drug offense, except for the conduct of a person in defense of person or property during the course of a crime committed by another unless the person engaged or participated in criminal conduct that gave rise to the criminal conduct of such other individual. Sets forth mandatory penalties for carrying, using, or discharging: (1) a firearm, a short-barreled rifle or shotgun, a semiautomatic assault weapon, or a machine gun or destructive device or firearm equipped with a silencer in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in Federal court; and (2) a firearm during and in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in Federal court or a serious violent felony or serious drug offense for which the person may be prosecuted in State court, with respect to a person who has been previously convicted of certain firearms offenses. Prohibits the court from imposing a probationary sentence on any person convicted of a violation of this title or from making a term of imprisonment imposed under this title run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used. Title III: Mandatory Victim Restitution - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when sentencing a defendant convicted of specified offenses, including offenses under the Federal Aviation Act of 1958. Permits the court to order restitution of any person harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred, or in the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to: (1) order restitution to a victim in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source; and (2) specify in the restitution order, upon determination of the amount owed to each victim, the manner in which and the schedule according to which the restitution is to be paid. Specifies that a restitution order: (1) shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property; and (2) may be enforced by the United States and by a victim named in the order in the same manner as a judgment in a civil action. Title IV: Law Enforcement Block Grants - Repeals the Public Safety Partnership and Community Policing Act of 1994 (title I of the VCCLEA), replacing it with a law enforcement block grant program. Requires the Director of BJA to pay to each unit of local government which qualifies for a payment an amount equal to the sum of any amounts allocated to such unit under such title for each payment period. Directs that sums paid to such units be used by such units for reducing crime and improving public safety, including: (1) hiring, training, and employing on a continuing basis new, additional law enforcement officers and necessary support personnel, paying overtime to presently employed officers and personnel, and procuring equipment, technology, and other material directly related to basic law enforcement functions; (2) enhancing school security measures; and (3) establishing crime prevention programs that are organized or supervised by, or involve substantial participation of, law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity. Sets forth provisions regarding: (1) the timing of payments; (2) payment adjustments; (3) repayment of unexpended amounts; (4) qualification for payment; (5) review by governors; (6) sanctions for noncompliance; (7) allocation and distribution of funds; (8) utilization of the private sector; and (9) public participation. Authorizes appropriations. Title V: Truth in Sentencing Grants - Repeals provisions of the VCCLEA regarding violent offender incarceration and truth-in-sentencing incentive grants. Sets forth provisions governing a truth-in-sentencing grant program. Authorizes the Attorney General to provide grants to eligible States and to eligible States organized as regional compacts (States) to build, expand, and operate: (1) space in correctional facilities in order to increase the prison bed capacity for persons convicted of a serious violent felony; and (2) temporary or permanent correctional facilities, including facilities on military bases, 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. Directs that 50 percent of the total amount of funds made available under this title for each of FY 1995 through 2000 be available for general eligibility grants and 50 percent for truth-in-sentencing incentive grants for each State that meets the following requirements: (1) for general grants, such State, since 1993, has increased the percentage of convicted violent offenders sentenced to prison and the average prison time and percentage of sentence actually to be served in prison by such offenders; and (2) for sentencing incentive grants, a State submits an application to the Attorney General providing assurances that it has enacted laws and regulations which include truth-in-sentencing laws that require persons convicted of a serious violent felony to serve not less than 85 percent of the sentence imposed or of the court-ordered maximum sentence for States that practice indeterminate sentencing, truth-in-sentencing laws which have been enacted but not yet implemented that require such State, within three years, to provide that persons convicted of such a felony serve not less than 85 percent of the sentence imposed (or of the court-ordered maximum sentence), and laws requiring that the sentencing or releasing authorities notify and allow the defendant's victims or the family of victims the opportunity to be heard regarding the issue of sentencing and any post-conviction release. Sets forth provisions regarding: (1) special rules; (2) the formula for grants; and (3) accountability. Authorizes appropriations. Prohibits the use of funds for other purposes authorized by the VCCLEA in FY 1995 through 1999 unless the truth-in-sentencing programs are fully funded in such years. Title VI: Exclusionary Rule Reform - Amends the Federal criminal code to prohibit, in a proceeding in a court of the United States, the exclusion of evidence on the ground that: (1) the search or seizure was in violation of the Fourth Amendment of the U.S. Constitution if it was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth Amendment (makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances); and (2) it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by rule prescribed by the Supreme Court pursuant to statutory authority. Title VII: Stopping Abusive Prisoner Lawsuits - Amends the Civil Rights of Institutionalized Persons Act to prohibit an adult convicted of a crime who is confined in any correctional facility from bringing a civil action for deprivation of rights until such plain, speedy, and effective administrative remedies as are available are exhausted. (Sec. 702) Directs the court, on its own motion or on motion of a party, to dismiss specified actions brought by an adult convicted of a crime and confined in any correctional facility if the court is satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. (Sec. 703) Repeals a provision of such Act requiring that the minimum standards provide for an advisory role for employees and inmates of a correctional facility in the formulation, implementation, and operation of the system for resolution of inmate grievances. (Sec. 704) Amends the Federal judicial code to require: (1) the court to dismiss a case in a forma pauperis proceeding if the allegation of poverty is untrue or if the action fails to state a claim upon which relief may be granted or is frivolous or malicious, even if partial filing fees have been imposed by the court; (2) a prisoner in a correctional institution who files an affidavit to include a statement of all assets such prisoner possesses; and (3) the court to ask the correctional institution for information relating to the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Title VIII: Further Streamlining Deportation of Criminal Aliens - Amends the Immigration and Nationality Act to expand the definition of "aggravated felony" to include various offenses such as an offense relating to: (1) commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of five years' imprisonment or more may be imposed; (2) perjury or subornation of perjury for which a sentence of five years' imprisonment or more may be imposed; and (3) a 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 years' imprisonment or more may be imposed. (Sec. 802) Authorizes the Attorney General to issue an order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence or who had permanent resident status on a conditional basis and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Prohibits the Attorney General from executing such an order until 14 calendar days from the date the order was issued, unless waived by the alien, to give the alien the opportunity to apply for judicial review. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable. (Sec. 803) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 804) Limits collateral attacks on deportation orders. (Sec. 805) Directs the Commissioner to operate a criminal alien tracking center. (Sec. 806) Permits the Attorney General to authorize deportation hearings by electronic or telephonic media with the alien's consent or, where waived or agreed to by the parties, in the alien's absence. Title IX: Amendments to Violent Crime Control and Law Enforcement Act - Repeals provisions of the VCCLEA regarding drug courts and crime prevention provisions concerning: (1) the Ounce of Prevention Council; (2) the local crime prevention block grant program; (3) model intensive grant programs; (4) the family and community endeavor schools grant program; (5) assistance for delinquent and at-risk youth; (6) police recruitment; (7) the Local Partnership Act; (8) the National Community Economic Partnership Act; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; and (11) the Family Unity Demonstration Project Act. Repeals the Violent Offender Incarceration and Truth in Sentencing Incentive Grants program under the VCCLEA.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Waives these provisions when the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House.
United States · United States Congress · 4 January 1995
Congressional Accountability Act of 1995 - Applies, by a specified conditional date, provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938; (2) title VII of the Civil Rights Act of 1964; (3) the Americans With Disabilities Act of 1990; (4) the Age Discrimination in Employment Act of 1967; (5) titles I and V of the Family and Medical Leave Act of 1993; (6) the Occupational Safety and Health Act of 1970 (OSHA); (7) provisions relating to Federal labor management relations; (8) with the exception of the U.S. Capitol Police, the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; and (10) the Rehabilitation Act of 1973. Requires that an action to abate a violation of OSHA for which a citation is received take place as soon as possible, but no later than the fiscal year after the citation is issued. (Sec. 4) Establishes in the legislative branch an Office of Compliance to study and report to the Congress on: (1) the application of such laws to the legislative branch; (2) an examination of the procedures used by the instrumentalities to enforce the application of such laws; and (3) a determination as to whether to direct an instrumentality to make improvements in its regulations and procedures so as to assure that they are as effective as those specified in this Act. Authorizes the Office's Board of Directors to direct an instrumentality that has no such procedures to adopt the requisite procedures. Requires the Board to issue regulations governing such applicability which shall be subject to congressional approval. Makes applicable to the legislative branch any provision of Federal law to the extent that it relates to terms and conditions of employment (including protection from discrimination in personnel actions, health and safety of employees, and family and medical leave). Directs the Office, on an ongoing basis, to: (1) determine which of such laws should apply to the legislative branch; (2) study the application to the legislative branch of laws enacted after enactment of this Act; and (3) issue regulations to apply such laws to the legislative branch subject to congressional approval. Sets forth House and Senate procedures for concurrent resolutions to disapprove such regulations. (Sec. 6) Requires the Office to: (1) carry out an education program for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them and a program to inform individuals of their rights under such laws and this Act; (2) publish statistics on the use of the Office by congressional employees; and (3) develop a system for the collection of demographic data on the composition of the congressional employees. Requires the Board to submit to the Congress annual reports on the information collected under such system. (Sec. 7) Sets forth procedure for consideration of alleged violations of the laws made applicable to the legislative branch consisting of the following steps: (1) counseling through the Office; (2) mediation with the Office; (3) a formal complaint and hearing by a board; (4) judicial review if a congressional employee is aggrieved by a dismissal, final decision, or an order by the hearing board or if a head of an employing office is aggrieved by a final decision or would be subject to an order issued by such board; and (5) as an alternative to steps 3 and 4, a civil action in a U.S. district court. (Sec. 14) Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner as a violation of law made applicable to the legislative branch under this Act. (Sec. 15) Requires all counseling, mediation, and hearings and deliberations of a hearing board to be confidential. Permits the records of hearing boards to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to the hearing of the hearing board only after the board has made a decision with respect to the matter. (Sec. 17) Provides that this Act shall not be construed to authorize enforcement by the executive branch of any of the laws made applicable to congressional employees under this Act. Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices. (Sec. 18) Requires the Office to study and report to the Congress on: (1) the ways that public access to information held by the Congress may be improved, streamlined, and made consistent between the House and the Senate; and (2) the application of the Freedom of Information Act and the Right to Privacy Act to the legislative branch.
United States · United States Congress · 4 January 1995
Expresses the sense of the Congress that the current Federal income tax deduction for interest paid on debt secured by a first or second home should not be further restricted.
United States · United States Congress · 4 October 1994
Sets forth the rule for the consideration of S. 455 (Federal payments to local governments for entitlement lands).