United States · United States Congress · 12 March 1996
Authorizes the Secretary of the Interior to enter into cooperative agreements to provide to Arizona and the town of Springerville, Arizona, technical assistance to interpret, operate, and maintain the Casa Malpais National Historical Landmark and financial assistance for planning, staff training, and development of the Landmark, but not other routine operations. Provides that such agreements may also: (1) grant the Secretary, acting through the National Park Service, access to public portions of the property covered by the agreements for the purpose of interpreting the Landmark; and (2) prohibit changes or alterations to the Landmark except by mutual agreement between the Secretary and the other parties to all such agreements. Authorizes appropriations.
United States · United States Congress · 7 March 1996
Condemns the terror attacks in Jerusalem, Ashkelon, and Tel Aviv. Extends condolences to the victims' families and to the Government and people of Israel. Reaffirms full support for Israel in its efforts to combat terrorism as it attempts to pursue peace with its neighbors in the region. Calls upon the Palestinian Authority, the Palestinian Council, and Chairman Arafat to: (1) apprehend and punish the perpetrators of terror attacks, prevent such acts in the future, confiscate all unauthorized weapons, and avoid and condemn all statements and gestures which signal tolerance for such acts and their perpetrators; (2) eliminate the terrorist structure and terrorist activities of Hamas, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, and all other terror groups; and (3) adopt legislative and executive measures to ban the existence and operations of all terrorist organizations resident in the Palestinian autonomous areas. Insists that Chairman Arafat ensure the timely inauguration of the Council so that the Palestinian National Covenant will be amended of vile references to Israel within 60 days thereafter. Reaffirms that the Covenant must be amended in order for the peace process to succeed. Calls upon the Palestinian people to support the deletion of anti-Israel language from the Covenant, to express their revulsion for terrorism against Israel, and to condemn and isolate those elements of Palestinian society that employ and support such terrorist acts. Urges: (1) all parties to the peace process to bring to justice the perpetrators of acts of terrorism and to cease harboring, financing, and arming terror groups; and (2) the Clinton Administration to act against those who continue to harbor, arm, or finance terror groups seeking to undermine the peace process. Calls upon: (1) those Arab states that have failed to condemn these acts of terrorism to do so immediately and to support all efforts in the region to combat terrorism; and (2) the international community to cooperate with the United States in isolating states which engage in international terrorism. Insists that Iran and Syria cease all support for all terrorist groups operating in areas under their control and refrain from all activities in opposition to the Middle East peace process. Expresses the intent to reconsider U.S. assistance to the Palestinian Authority in light of the steps that must be taken by the Authority against terrorist infrastructures and operations. Praises efforts to provide Israel with all appropriate antiterrorism resources to eliminate the tide of terrorist incidents against Israel.
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.
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.
United States · United States Congress · 1 February 1996
Antitrust Health Care Advancement Act of 1996 - Provides that the following activities shall not be deemed illegal per se in any action under the Federal antitrust laws or similar State law, but shall be judged based on reasonableness: (1) the exchange of information relating to costs, sales, profitability, marketing, prices, or fees of any health care service health care providers solely for, and reasonably required for, establishing a health care provider network (HCPN); (2) the conduct of an HCPN in negotiating, making, or performing a contract for providing health care services to individuals under the terms of a health benefit plan; and (3) the conduct of any HCPN member for the purpose of providing such services under such contract. Directs the Attorney General and the Federal Trade Commission to jointly issue guidelines specifying the enforcement policies and analytical principles that will be applied by the Department of Justice and the Commission with respect to the operation of this Act.
United States · United States Congress · 1 February 1996
Amends the Fair Housing Act to state that nothing in title VIII of such Act shall be construed to invalidate or limit any reasonable State or local law or regulation governing residential care facilities for disabled persons.
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.
United States · United States Congress · 31 January 1996
Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish a maximum small business tax rate on taxable small business income for S corporations. Describes such income as taxable income of the taxpayer from the active conduct of an eligible trade or small business. Requires each S corporation to establish a qualified retained earnings account. Allows qualified distributions from such a qualified retained earnings account to the owners to enable the S corporation shareholder to pay income taxes. Requires regulations to establish a presumption that distributions are to pay income taxes if such distributions do not exceed 34 percent of small business income. Provides for an additional tax on nonqualified distributions.
United States · United States Congress · 25 January 1996
Amends rule X of the Rules of the House of Representatives to require the respective party conference or caucus to each nominate to the House at the beginning of each Congress five members to serve on the Committee on Standards of Official Conduct. Limits an individual's membership on the Committee to two Congresses (currently, three Congresses in any period of five successive Congresses). Provides that of the Members nominated to serve on the Committee in the 105th Congress, two designated by the party conference and two designated by the party caucus shall only serve on the Committee during that Congress. Requires the senior majority and minority party members of the Committee to serve as its chairman and ranking minority member. Provides that if a complaint is filed with the Committee against a Member, officer, or employee of the House, the Committee shall determine if the complaint is properly filed and, if so, whether a preliminary investigation is warranted. Conditions such investigation on the approval of the Committee's members by an affirmative vote of the majority. Sets forth procedures for selecting members (excluding members of the Committee or any Member deemed by the conference or caucus to be exempt) to serve on an investigative panel with respect to the complaint. Requires the Committee to adopt rules providing for staff, funding, reports, proceedings, disbanding, and the disposition of the recommendations of investigative panels. Allows the Committee, at any time and by a majority vote, to determine that a complaint is frivolous if: (1) it deems that the complaint has no basis in fact; (2) the alleged violation is of such a minor and technical nature that it does not reflect discredit upon the House or its Members; (3) the complaint was filed for purely partisan reasons and not out of concern for maintaining the ethical standards of the House; or (4) the complaint is part of a pattern of abuse and misuse of the Committee. Requires the Committee, in the case of any complaint deemed frivolous, to determine the costs of its inquiry and report such costs to the House Committee on House Oversight, the Clerk of the House, and the public. Authorizes the Committee, by majority vote, to recommend to the House that any Member who has filed a frivolous complaint repay the costs of the inquiry over a period of greater than one year or be fined an appropriate amount.
United States · United States Congress · 25 January 1996
Expresses the disapproval of the House of Representatives of the standards proposed by the National Center for History in the Schools for the teaching of U.S. and world history.
United States · United States Congress · 20 December 1995
Directs the Secretary of Veterans Affairs to ensure that: (1) in any case during FY 1996 in which appropriations are not otherwise available for programs, projects, and activities of the Department of Veterans Affairs, payments of existing veterans' benefits and payments to contractors of the Veterans Health Administration for patient health and safety services are still made; and (2) in any case during FY 1996 in which certain Government functions are delayed, deferred, or canceled due to a limitation on the ability to borrow funds, payments of existing veterans' benefits are still made.
United States · United States Congress · 19 December 1995
Amends rule X of the Rules of the House of Representatives to allow the House Committee on Standards of Official Conduct, at any time and by an affirmative vote of eight of its 14 members, to determine that a complaint filed against a Member is frivolous and baseless if: (1) the alleged violation is of a minor and technical nature that does not discredit the House; or (2) such complaint has no basis in fact, was filed for purely partisan reasons, or is part of a pattern of abuse and misuse of the Committee. Requires the Committee to: (1) determine the costs of its inquiry into a frivolous complaint; and (2) if the complaint was filed by one or more Members of Congress, charge each Member's Representational Account for such costs or, alternatively, recommend that the Members responsible be fined.
United States · United States Congress · 14 December 1995
Provides that any individual who performs Operation Joint Endeavor services (United Nations-sponsored peacekeeping activities in Bosnia and Herzegovina) shall be entitled to the same tax benefits under specified provisions of the Internal Revenue Code that are provided to U.S. military personnel who perform service in an area designated by the President as a combat zone. Makes this Act effective for periods beginning on or after December 4, 1995.
United States · United States Congress · 7 December 1995
Child Protection and Ethics I Education Act of 1995 - Directs the Comptroller General to conduct a study to determine whether programs, lectures, texts, or other pedagogical materials involving sexuality used by agencies, universities, or elementary and secondary schools (institutions) that receive Federal funds for educational purposes significantly or particularly rely on the scholarship of, directly or indirectly consisting of, or based on the studies entitled "Sexual Behavior in the Human Male" and "Sexual Behavior in the Human Female" authored by Alfred Kinsey and his team of researchers, published in 1948 and 1953 (Kinsey reports). Authorizes the General Accounting Office to evaluate whether the contents of the Kinsey reports are erroneous, wrongfully obtained by reason of fraud or criminal wrongdoing (i.e., systematic sexual abuse of children), or both. Directs: (1) the Comptroller General to complete such study and report to the Congress by May 1, 1996; and (2) the Secretary of Education, if the Comptroller General's determination is in the affirmative, to ensure that for FY 1997 and subsequent fiscal years no Federal funds are provided to any persons or institutions for any educational purpose which instruct in Kinsey's work, derivative Kinseyan scholars, or scholarship without indicating the unethical and tainted nature of the Kinsey report. Directs the chief executive officer of the State involved to certify to the Secretary which such agencies or school programs cite such materials.
United States · United States Congress · 6 December 1995
Congressional Responsibility Act of 1995 - Prohibits a regulation from taking effect before the enactment of a bill comprised solely of the text of the regulation. Requires an agency, whenever it promulgates a regulation, to submit to each House of the Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations.
United States · United States Congress · 6 December 1995
Work and Family Integration Act - Amends the Fair Labor Standards Act of 1938 to revise the 40-hour maximum workweek provision to allow employees to work flexible work schedules of 160 hours in any combination over a four-week period before employers would have to pay overtime compensation. Allows employees to request, and employers to provide, compensatory time-and-a-half off in lieu of compensatory overtime pay. Requires that any flexible work arrangement be agreed upon by both the employee and the employer, without coercion. Provides that collective bargaining agreements would remain unaffected. Allows former employees a priority in rehiring if they take time off for up to five years in order to take care of their children or parents. Provides that such an employee's priority treatment may not be used as a basis for an action against the employer for violation of Federal equal protection laws. Revises the salaried employee overtime exemption to allow flexible work schedules under such exemption. Amends Federal civil service law to revise the definition of compressed schedule to conform with that under this Act.
United States · United States Congress · 6 December 1995
Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to enter into an agreement with a State and its political subdivisions under which: (1) the State and political subdivision employees having the requisite expertise and background will operate components of the National Park System (NPS) in the State during any period in a fiscal year in which the Service is unable to maintain the normal level of park operations; (2) before the time when their services may be required, the Secretary, using available appropriations, will provide any training that such employees may need to perform operations; and (3) the Secretary may accept a monetary donation from a State or its political subdivision to enable the Secretary to operate NPS components during such period. Allows the Secretary, subject to the availability of appropriations, to reimburse the State and political subdivisions for costs incurred in performance of the agreement. Makes a State or its political subdivision liable to the United States in indemnification for any Federal liability imposed for an act or omission by an employee or political subdivision providing such services.
United States · United States Congress · 29 November 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age. Retains the current limit on substantial gainful activity earnings applicable to individuals under age 65 who are eligible for disability benefits based on blindness. (Sec. 3) Establishes a Continuing Disability Review Administration Revolving Account for OASDI disability benefits in the Federal Disability Insurance Trust Fund. Directs the Chief Actuary of the Social Security Administration (SSA) to estimate annually the present value of savings to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund which will accrue for all years as a result of cessation of benefit payments resulting from continuing disability reviews carried out pursuant to specified requirements during the fiscal year. Directs the Managing Trustee to: (1) transfer to the Account from amounts otherwise in the Trust Fund an amount equal to the estimated savings certified by the Chief Actuary; and (2) make available to the Commissioner of Social Security from funds in the Account an amount certified by the Chief Actuary as currently required to meet expenditures necessary to provide for required continuing disability reviews (including expenditures for the cost of staffing, training, purchase of medical and other evidence, and processing related to appeals and overpayments and related indirect costs). Includes under required information in a specified annual report a final accounting of amounts transferred to the Continuing Disability Review Administration Revolving Account in the Federal Disability Insurance Trust Fund during the year, the amount made available from such Account during such year pursuant to certifications made by the Chief Actuary of the SSA and expenditures made by the Commissioner of Social Security for the specified purposes during the year, including a comparison of the number of continuing disability reviews conducted during the year with the estimated number of continuing disability reviews upon which the estimate of such expenditures was made. Terminates the Continuing Disability Review Administration Revolving Account at the end of FY 2002, and provides that any balance in such Account shall revert to funds otherwise available in the Federal Disability Insurance Trust Fund. Provides for appointment by the Commissioner of a Chief Actuary in the SSA. (Sec. 4) Bases entitlement of stepchildren to child's insurance benefits solely on their actual dependency on stepparent support. Repeals the requirement that the stepchild actually be living with the stepparent. Requires termination of any child's insurance benefits based on the wages and self-employment income of the stepparent six months after the Commissioner is formally notified of the natural parent's divorce from the stepparent. (Sec. 5) Extends the length of time required for recomputation of benefits after normal retirement age. (Sec. 6) Eliminates the role of the SSA in processing attorney's fees. Prohibits any person, agent, or attorney from charging in excess of $4,000 (or, if the Commissioner approves, a higher fee) for services performed in connection with any claim before the Commissioner. Directs a court, in determining a reasonable fee, to take into consideration the amount of the fee, if any, that an attorney may charge the claimant for services (eliminating the current limitation of such fee to 25 percent of the total past-due benefits to which a judgment entitles the claimant). (Sec. 7) Provides that an individual shall not be considered to be disabled for OASDI purposes, or for supplemental security income (SSI) purposes under title XVI of the Act (thus denying them benefits), if alcoholism or drug addiction would be a contributing factor material to the determination of disability. (Continues disability benefits based on a separate disabling condition to individuals also disabled by drug addiction or alcoholism.) Requires the payment of OASDI or SSI benefits based on disability to a representative payee if such payment would serve the interest of an individual who also has an alcoholism or drug addiction condition that prevents the individual from managing such benefits. Requires the Commissioner to refer such individual to the appropriate State agency administering the approved State plan for substance abuse treatment services. Appropriates additional specified amounts to supplement State and Tribal alcohol and substance abuse treatment programs funded under the Public Health Service Act. Requires State or Tribal governments receiving such an allotment to consider as priorities activities relating to the treatment of the abuse of alcohol and other drugs. (Sec. 8) Permits members of the clergy to file to revoke their exemption from social security tax coverage under the Internal Revenue Code.
United States · United States Congress · 28 November 1995
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to their conscience, nothing in the Constitution shall prohibit acknowledgement of the religious heritage, beliefs, or traditions of the people or prohibit student-sponsored prayer in public schools; and (2) neither the United States nor any State shall compose any official prayer, compel joining in prayer, or discriminate against religious expression or belief.
United States · United States Congress · 28 November 1995
Expresses the sense of the House of Representatives that: (1) the President should immediately ask for, and accept, the resignation of the Secretary of Energy; and (2) Secretary O'Leary should reimburse the Federal Government from her personal funds for specified expenditures.
United States · United States Congress · 20 November 1995
National Parks and National Wildlife Refuge Systems Freedom Act of 1995 - Directs the Secretary of the Interior to accept from any State donations of qualified State employee services to perform in a unit of the National Wildlife Refuge System or the National Park System, in a period of Government budgetary shutdown, functions otherwise authorized to be performed by Department of the Interior personnel.
United States · United States Congress · 18 November 1995
Amends Federal armed forces provisions to provide that: (1) the special rule concerning annual cost-of-living adjustments to retired military pay for individuals who first became members of a uniformed service before August 1, 1986, shall apply only through FY 1996 (currently, FY 1998); and (2) the initial month that such increase is payable shall be March (currently, September) of the year following the effective date of such increase.
United States · United States Congress · 17 November 1995
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal. Directs the Secretary to transfer from the Numismatic Public Enterprise Fund to the Library of Congress the amount by which the sum of any gifts and donations received by the Secretary to carry out this Act and any proceeds from the sale of bronze duplicates exceeds the total amount of the costs incurred by the Secretary in carrying out this Act.
United States · United States Congress · 15 November 1995
Expresses the sense of the Congress that the President, the Vice President, and Members of Congress should not be paid during any period during which Federal employees are not paid due to a Government shutdown.
United States · United States Congress · 14 November 1995
Provides that in any case during FY 1996 in which appropriations are not otherwise available for the payment of veterans' disability compensation and dependency and indemnity compensation, the Secretary of Veterans Affairs shall nevertheless ensure that such payments are made in accordance with regular procedures and schedules. Appropriates necessary amounts for such purpose. Requires applicable accounts to be charged for such payments when regular appropriations become available. Requires such payments to be made also in any case during such fiscal year in which certain functions of the Government are delayed, deferred, or canceled due to a limitation on the Government's ability to borrow funds.
United States · United States Congress · 9 November 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless funds for such deployment have been specifically appropriated by a law enacted after the date of enactment of this Act.
United States · United States Congress · 2 November 1995
Travel and Tourism Partnership Act of 1995 - Establishes the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. travel and tourism. Establishes the National Tourism Organization as a non-Federal non-profit organization to implement the national travel and tourism strategy. Directs the Secretary of State and the Director of the United States Information Agency (USIA) to: (1) place priority on implementing recommendations by the National Tourism Board; and (2) cooperate with the National Tourism Organization. Authorizes the President to transfer up to 25 staff members of the United States Travel and Tourism Administration to the Foreign Service or the Commercial Service for two years to assist the Organization in its start-up activities. Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee's (TPCC) Federal trade promotion plan to reflect, among other things, recommendations by the National Tourism Board. Makes the President of the National Tourism Organization a member of the TPCC.
United States · United States Congress · 1 November 1995
Amends the Federal Water Pollution Control Act relating to standards for constructed water conveyance systems to list specified water use, impact, and management factors to be considered by a State when it exercises jurisdiction over constructed (manmade) water conveyances. Provides that if a State adopts or reviews water quality standards for such conveyances, it shall not be required to establish recreational, aquatic life, or fish consumption uses for such systems if such uses: (1) are not existing or reasonably foreseeable; or (2) impede the authorized use of the system.
United States · United States Congress · 30 October 1995
Amends rule LI of the Rules of the House of Representatives to replace provisions governing employment practices with provisions that prohibit a House Member, officer, or employee from knowingly accepting a gift except as provided in this Act. Allows such individual to accept a gift (other than cash or cash equivalent) which he or she reasonably and in good faith believes to have a value of less than $50 and a cumulative value from one source during a calendar year of less than $100. Provides that no gift with a value below ten dollars shall count towards the $100 annual limit. Considers a gift to a family member to be a gift to such Member, officer, or employee if given with his or her knowledge and acquiescence and if he or she has reason to believe that the gift was given because of his or her official position. Treats only the food and refreshment provided to such Member, officer, or employee as a gift if food and refreshment are also provided at the same time and place to such individual's spouse or dependent. Includes among exempted items: (1) contributions lawfully made under the Federal Election Campaign Act, a limited contribution for election to a State or local government office under such Act, or attendance at a fund raising event sponsored by a political organization; (2) anything provided on the basis of a personal friendship unless such Member, officer, or employee has reason to believe that the gift was provided because of his or her official position; (3) otherwise lawful contributions to such individual's legal expense fund; (4) food, refreshments, lodging, and other benefits which result from the outside business or employment activities of such Member, officer, or employee or spouse if such benefits have not been offered or enhanced because of such individual's official position, which are customarily provided by a prospective employer in connection with bona fide employment discussions, or which are provided by a political organization in connection with a fund raising or campaign event; (5) training that is the House's interest; (6) a gift of personal hospitality of an individual other than a registered lobbyist or agent of a foreign principal; and (7) certain other opportunities and benefits provided to the public or to Government employees generally. Establishes conditions under which such Member, officer, or employee may accept an offer of free attendance at a convention, dinner, or similar event. Prohibits the acceptance of a gift exceeding $250 on the basis of the personal friendship exception unless the Committee on Standards of Official Conduct issues a written determination that such exception applies. Provides that certain reimbursements to such Member, officer, or employee for travel expenses to an event in connection with official duties shall not be considered to be gifts if advance authorization is received and the reimbursements and authorization are disclosed within a specified time period. Declares that activities that are substantially recreational in nature shall not be considered to be in connection with official duties. Includes as prohibited gifts to such Member, officer, or employee from a registered lobbyist or an agent of a foreign principal: (1) anything provided to an entity that is maintained or controlled by such Member, officer, or employee; (2) a charitable contribution made on the basis of such Member's, officer's, or employee's specification, with the exception of a mass mailing or other solicitation directed to a broad category of persons or entities; (3) a contribution or other payment to such Member's, officer's, or employee's legal expense fund; and (4) a financial contribution or expenditure made relating to a conference or similar event sponsored by, or affiliated with, an official congressional organization for, or on behalf of, such Members, officers, or employees. Provides that a charitable contribution made by a registered lobbyist or agent in lieu of an honorarium to such Member, officer, or employee shall not be considered a gift under this Act if such Member, officer, or employee reports to the Clerk of the House the name and address of the registered lobbyist, the date and amount of the contribution, and the name and address of the designated or recommended charitable organization. Declares that such rules shall be interpreted and enforced solely by the Committee on Standards of Official Conduct. Amends rule X to revise the functions of the Committee on House Oversight to include accepting a gift for the House if such gift does not involve any duty, burden, or condition or is not made dependent upon some future performance by the House.
United States · United States Congress · 26 October 1995
Prohibits any member of the armed forces from being required to wear any uniform item or insignia which indicates an allegiance to or affiliation with the United Nations.
United States · United States Congress · 26 October 1995
Amends the Internal Revenue Code to allow an individual to designate a specified portion (but not less than $1) of any income tax overpayment and any cash contributions to be used for the benefit of units of the National Park System. Establishes a National Parks Trust Fund into which appropriated or credited amounts are received. Authorizes the Secretary of the Treasury to pay, not less often than quarterly, specified expenditures from the Trust Fund to the Director of the National Park Service. Requires that expenditures from such Fund be used only for operations, maintenance, and construction within the units of the National Park System. Prohibits the use of such expenditures for the purposes of land acquisition.
United States · United States Congress · 26 October 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless the deployment is specifically authorized by a law enacted after the date of enactment of this Act.
United States · United States Congress · 25 October 1995
Amends the Fair Labor Standards Act of 1938 to exempt from minimum wage and overtime compensation provisions employees of nonprofit institutions who: (1) are employed to serve as houseparents for abused, neglected, delinquent, homeless, or emotionally impaired children residing at facilities of such institutions; (2) reside with such children at such facilities for at least 72 hours a week; (3) receive free board and lodging from such enterprises; and (4) are compensated at an annual rate of at least $8,000.
United States · United States Congress · 19 October 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Allows consideration, when a new animal drug contains more than one active ingredient or its labeling suggests use of the drug in combination with another animal drug, only of whether any of the active ingredients or any of the drugs in the combination, at the longest withdrawal time of any of the active ingredients or drugs in the combination, exceeds its established tolerance or interferes with the methods of analysis for another of the active ingredients or drugs in the combination. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence;" (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; and (3) provide for the opportunity for a conference to make a decision establishing a submission or an investigational requirement. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
United States · United States Congress · 18 October 1995
Amends the National Labor Relations Act to provide that an employer is not required to allow access to its business property to employees or nonemployees for purposes of union organizing, solicitation, distribution, picketing, or other union advocacy or activities, even if the employer allows such access to organizations for charitable, civic, or religious purposes.
United States · United States Congress · 17 October 1995
Saddleback Mountain-Arizona Settlement Act of 1995 - Approves and ratifies the Settlement Agreement providing for the transfer of certain lands in Scottsdale, Arizona, by the Resolution Trust Corporation to the Salt River Pima-Maricopa Indian Community (to be held in trust by the Department of the Interior) and the City of Scottsdale. Directs the Corporation to make such land transfer. Sets forth land use limitations (public use and development property).
United States · United States Congress · 27 September 1995
TABLE OF CONTENTS: Title I: General Provisions Title II: Public Housing Subtitle A: Block Grants Subtitle B: Admissions and Occupancy Requirements Subtitle C: Management Subtitle D: Homeownership Subtitle E: Disposition and Demolition of Developments Subtitle F: General Provisions Title III: Choice-Based Rental Housing and Homeownership Assistance for Low-Income Families Subtitle A: Grants and Allocation Subtitle B: Choice-Based Housing Assistance for Eligible Families Subtitle C: Payment of Housing Assistance on Behalf of Assisted Families Subtitle D: General and Miscellaneous Provisions Subtitle E: Provisions Relating to Discontinued HUD-Administered Programs for Project-Based Assistance Title IV: Accreditation and Oversight of Local Housing and Management Authorities Subtitle A: Housing Foundation and Accreditation Board Subtitle B: Accreditation and Oversight Standards and Procedures Title V: Repeals and Conforming Amendments United States Housing Act of 1995 - Title I: General Provisions - Provides for the organization of local housing and management authorities (LHMA) to manage and operate public and assisted housing. Limits housing admission of drug or alcohol abusers. Establishes community work and family self-sufficiency requirements. (Sec. 107) Requires LHMAs to submit annual community improvement plans to the Secretary of Housing and Urban Development. (Sec. 109) Authorizes the Secretary to reserve specified annual appropriations for specified uses. Title II: Public Housing - Subtitle A: Block Grants - Directs the Secretary to provide eligible LHMAs with block grant funding. (Sec. 204) Sets forth: (1) allocation provisions; and (2) sanctions for improper fund use. Subtitle B: Admissions and Occupancy Requirements - Establishes low-income housing requirements for production, operating, and capital improvements (including mixed-income developments) assistance. (Sec. 222) Authorizes LHMAs to: (1) permit income-mixed occupancy; (2) waive occupancy requirements for law enforcement personnel; (3) establish occupancy preferences; and (4) designate housing for elderly and disabled families. (Sec. 225) Sets forth rental and lease provisions. Subtitle C: Management - Sets forth LHMA management provisions regarding: (1) management by other entities, including resident-requested independent managers; (2) resident grievance procedures; (3) housing quality standards; (4) resident employment; and (5) resident councils and management corporations. Subtitle D: Homeownership - Authorizes LHMAs to carry out a low-income family home ownership program. Subtitle E: Disposition and Demolition of Developments - Authorizes LHMAs to demolish or dispose of nonviable public housing projects. Subtitle F: General Provisions - Authorizes appropriations for: (1) public housing block grants; and (2) operation safe home relocations. Title III: Choice-Based Rental Housing and Homeownership Assistance for Low-Income Families - Subtitle A: Grants and Allocation - Authorizes the Secretary to provide States with housing assistance grants. Authorizes appropriations. Authorizes the conversion of unused section 8 assistance (United States Housing Act of 1937) to housing assistance under this title. Subtitle B: Choice-Based Housing Assistance for Eligible Families - Provides housing assistance under this title only to: (1) low-income families; or (2) families that qualify to receive such assistance under other Federal law. Authorizes LHMAs to establish assistance preferences. (Sec. 322) Authorizes LHMAs to set tenant contribution amounts of at least $50 per month, with special provisions for elderly or disabled families. (Sec. 324) Sets forth provisions regarding: (1) lease terms; (2) tenancy termination; and (3) ownership and dwelling unit eligibility. (Sec. 329) Authorizes LHMAs to provide a home ownership option. Subtitle C: Payment of Housing Assistance on Behalf of Assisted Families - Authorizes LHMAs to enter into housing assistance payments contracts with dwelling unit owners. Sets forth contract provisions. (Sec. 356) Prohibits contract portability. Subtitle D: General and Miscellaneous Provisions - Defines specified terms for purposes of this title. (Sec. 372) Authorizes rental assistance fraud recoveries. Subtitle E: Provisions Relating to Discontinued HUD-Administered Programs for Project-Based Assistance - Prohibits discrimination in subsidized projects. Title IV: Accreditation and Oversight of Local Housing and Management Authorities - Subtitle A: Housing Foundation and Accreditation Board - Establishes the Housing Foundation and Accreditation Board which shall: (1) evaluate deep subsidy housing programs; (2) establish LHMA performance standards; (3) establish financial and audit performance audit standards; (4) establish LHMA accreditation guidelines; (5) provide information and technical assistance; and (6) establish a system for identifying LHMA dysfunctions and related efficiency management systems. Subtitle B: Accreditation and Oversight Standards and Procedures - Directs the Board to establish LHMA performance benchmarks and accreditation procedures. (Sec. 433) Directs the Secretary to annually classify LHMAs by performance category, and enter into performance agreements with troubled agencies. (Sec. 436) Authorizes block grant contracts (under title II) to provide for conveyance of title or possession to the Secretary in cases of substantial default. (Sec. 437) Authorizes the Secretary to remove an ineffective LHMA under specified circumstances. (Sec. 438) Directs the Secretary to either take over or contract out the management of a chronically troubled LHMA. (Sec. 439) Provides that in the case of a troubled public housing authority (PHA) a State or local government comprehensive housing affordability strategy shall not be in Federal compliance unless it includes provisions to improve such PHA. (Sec. 442) Makes the provisions of this subtitle applicable to resident management corporations, and certain provisions of this subtitle inapplicable to Indian housing. Title V: Repeals and Conforming Amendments - Repeals the United States Housing Act of 1937. Repeals specified program provisions under: (1) the Housing and Community Development Act of 1974; (2) the Cranston-Gonzalez National Affordable Housing Act; (3) the Department of Housing and Urban Development Reform Act of 1989; (4) the Housing and Community Development Act of 1992; (5) the HUD Demonstration Act of 1993; (6) the Housing Act of 1954; (7) the Housing and Community Development Amendments of 1981; (8) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1991; (9) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Act, 1992; (10) the Housing and Urban-Rural Recovery Act of 1983; (11) the Housing and Community Development Act of 1987; and (12) the Public and Assisted Housing Drug Elimination Act of 1990. (Sec. 502) Amends the Housing Act of 1959 with regard to elderly housing assistance.
United States · United States Congress · 21 September 1995
Compensatory Time for All Workers Act of 1995 - Amends the Fair Labor Standards Act of 1938 to provide compensatory time for all employees. Allows an employee to receive, in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act. Limits to not more than 240 hours the amount of compensatory time an employee may accrue (with specified exceptions for public agency employees). Requires payment of overtime compensation for: (1) compensatory time accrued but not used in a calendar year or other designated 12-month period; and (2) unused compensatory time upon termination of employment. Requires employers to permit employees to use compensatory time within a reasonable period after employees request its use if such use does not unduly disrupt employers' operations.
United States · United States Congress · 21 September 1995
Surface Mining Control and Reclamation Amendments Act of 1995 - Amends the Surface Mining Control and Reclamation Act of 1977 to: (1) repeal certain oversight functions of the Office of Surface Mining Reclamation and Enforcement; (2) provide for an approved State program for surface coal mining and reclamation operations which shall apply in that State in lieu of the Act; (3) declare the Act inapplicable to surface coal mining and reclamation operations within a State with an approved State program until such program has been amended, and the permittee has been provided reasonable time to conform operations to the amended program; and (4) declare that operations in compliance with a permit issued under the Act shall be deemed to be in compliance with its environmental protection standards and those of an approved State or Federal program pursuant to the Act. Amends enforcement guidelines to grant a State regulatory authority sole enforcement responsibility for the Act and relevant State law, subject only to State administrative and judicial review. Confers enforcement responsibility for Federal water quality laws (including State law enacted pursuant thereto) upon the regulatory authority approved by the Federal Environmental Protection Agency. Revises judicial review guidelines to: (1) repeal the provision that availability of judicial review of a State regulatory authority does not limit the operation of rights with respect to citizens' suits to compel compliance with Federal law; and (2) declare that an action by the Secretary of the Interior regarding inadequate State enforcement is subject to judicial review by the U.S. district court for the district which includes the capital of the State whose program is at issue. Establishes a three-year statute of limitations for an enforcement proceeding under this Act. Excludes public roads from the regulatory purview of the Act.
United States · United States Congress · 20 September 1995
Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency, notwithstanding provisions for the accelerated phase-out of class I substances (primarily chlorofluorocarbons and halons) or any other provision of law, to promulgate regulations allowing the production of chlorofluorocarbons and halons listed as class I substances to the extent that production does not exceed the limitations set forth in production phase-out schedules, thus superseding any previous regulation relating to the phase-out of the production or consumption of such substances. Permits any unused allowances of any producer or consumer to be equitably redistributed to other producers and consumers. Amends the Internal Revenue Code to reduce the base tax amount, effective with calendar year 1996, used to calculate the amount of the excise tax on ozone-depleting chemicals.
United States · United States Congress · 14 September 1995
FEHBP-Medical Savings Account Promotion Act of 1995 - Amends Federal civil service law to permit Federal employees and annuitants enrolled in a catastrophic plan to elect to receive Government contributions into medical savings accounts provided for by this Act under the Federal Employees Health Benefits Program (FEHBP) to cover qualified medical expenses: (1) to the extent such amounts are not compensated for by insurance or otherwise; or (2) for long-term care insurance for the individual, spouse, or dependent. Prohibits the use of account funds to pay for coverage under any kind of health plan except a catastrophic or long-term care insurance plan.
United States · United States Congress · 13 September 1995
Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to provide for payments to State and local prisons for monthly reports on the identities of inmates ineligible for benefits, especially those erroneously paid such a benefit. Denies SSI benefits for ten years to a person found to have fraudulently obtained such benefits while in prison.
United States · United States Congress · 7 September 1995
TABLE OF CONTENTS: Title I: Private Property Rights and Voluntary Incentives for Private Property Owners Title II: Improving Ability to Comply with the Endangered Species Act of 1973 Title III: Improving Scientific Integrity of Listing Decisions and Procedures Title IV: Recognizing Other Federal Action, Laws, and Missions Title V: Better Management and Conservation of Listed Species Title VI: Habitat Protections Title VII: State Authority to Protect Endangered and Threatened Species Title VIII: Funding of Conservation Measures Title IX: Miscellaneous Provisions Endangered Species Conservation and Management Act of 1995 - Amends the Endangered Species Act of 1973 (the Act) to revise: (1) the findings and purposes of the Act to include consideration of economic impacts and property owners' rights while encouraging practices that protect species; and (2) the policy of the Act to prohibit the Federal Government from using or limiting the use of privately owned property when such action diminishes the value of such property without payment of fair market value to the owner of private property. Title I: Private Property Rights and Voluntary Incentives for Private Property Owners - Amends the Act to prohibit the Government from taking an agency action affecting privately or non-federally owned property under the Act which results in diminishment of value of any portion of that property by 20 percent or more unless compensation is offered in accordance with this title. Requires the Federal agency that takes an action that exceeds that amount to compensate the private property owner for the otherwise lawful use or limitation on such use in the amount of the diminution in value of the portion of that property resulting from such use or limitation. Specifies that, if the diminution in value of a portion of that property is greater than 50 percent, at the option of the owner, the agency shall buy that portion and pay fair market value based on the value of the property before the use or limitation was imposed. Directs that compensation paid reflect the duration of the use or limitation necessary to achieve the purposes of the Act. Sets forth provisions regarding: (1) procedures for written requests for compensation by the owner; (2) agency negotiations with that owner to reach agreement; (3) choice of remedies; (4) arbitration; (5) civil actions (an owner who prevails in a civil action against the agency shall be entitled to the amount of compensation awarded plus reasonable attorney's fees and other litigation costs); (6) source of payments; (7) availability of appropriations (any U.S. obligation to make such a payment shall be subject to the availability of appropriations); and (8) duty of notice to owners of agency actions limiting the use of private property and of procedures for obtaining compensation. (Sec. 102) Requires the Secretary of the Interior (Secretary), in carrying out the program authorized by the Act, to cooperate to the maximum extent practicable with the States and other non-Federal persons, including consultation before acquiring any land or water, or interest therein, for the purpose of conserving any endangered or threatened species. Authorizes the Secretary to enter into a cooperative management agreement with any State or local government or non-Federal person for the management of a species listed as endangered or threatened, to be listed, or which is a candidate for listing, or for the management or acquisition of an area which provides habitat for a species, subject to specified limitations. Sets forth provisions regarding: (1) environmental assessments; (2) the effect of listing a species; and (3) violations of such agreements. (Sec. 103) Authorizes the Secretary to provide grants to certain non-Federal persons for the purpose of conserving, preserving, or improving habitat for any species that is determined to be an endangered or threatened species upon determining that: (1) the property for which the grant is provided contains habitat that significantly contributes to the protection of the population of the species and has been managed for species protection for a sufficient period of time to significantly contribute to the protection of the species population; and (2) the management of the habitat advances the interest of species protection. (Sec. 104) Directs the Secretary to initiate a program to provide technical advice and assistance to non-Federal persons who wish to participate in achieving the conservation objective for a species for which a conservation goal has been adopted. (Sec. 105) Specifies that nothing in the Act shall be construed to supersede, abrogate, or otherwise impair any right or authority of a State to allocate or administer quantities of water. Title II: Improving Ability to Comply With the Endangered Species Act of 1973 - Amends the Act to provide that an activity of a non-Federal person is not a taking of a species if the activity: (1) is consistent with the provisions of a final conservation plan or conservation objective; (2) complies with the terms and conditions of an incidental take permit or a cooperative management agreement; (3) addresses a critical, imminent threat to public health or safety or a catastrophic natural event, or is mandated by any Federal, State, or local government agency for public health or safety purposes; or (4) is incidental to, and not the purpose of, carrying out an otherwise lawful activity that occurs in an area of the territorial sea or exclusive economic zone that is not designated as critical habitat and the affected species is not a species of fish. Makes enforcement provisions and provisions regarding rewards and incidental expenses paid by the Secretary or the Secretary of the Treasury applicable specifically to endangered or threatened species of fish and wildlife (current law doesn't specify endangered or threatened species). Specifies that no interpretation, policy, guideline, finding, or other informal determination may be relied upon by the Secretary in the implementation and enforcement of the Act unless such determination has been the subject of a proposed rule, subject to specified requirements. Places the burden on the Secretary to show that a specimen belongs to a species which is determined to be an endangered or threatened species. Authorizes civil suits by persons who have suffered or are threatened with economic or other injury resulting from actions by Federal officials with respect to enforcement of the Act under specified circumstances. (Sec. 202) Defines, for purposes of the Act: (1) "take" to mean to harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in that conduct; and (2) "harm" to mean to take a direct action against any member of an endangered species of fish or wildlife that actually injures or kills a member of the species. (Sec. 203) Authorizes non-Federal persons to initiate consultation with the Secretary on any prospective activity: (1) to determine if the activity is consistent with a conservation plan or objective; or (2) if the person determines that the activity is inconsistent, to determine whether the activity is likely to jeopardize the continued existence of an endangered or threatened species or to destroy or adversely modify the designated critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. (Sec. 204) Sets forth or revises provisions regarding: (1) incidental take permit requirements; (2) general, research, and educational permits; (3) maintenance of aquatic habitats for listed species; (4) compliance with international requirements and treaties; and (5) incentives for protection of marine species. Title III: Improving Scientific Integrity of Listing Decisions and Procedures - Revises provisions of the Act regarding determinations that a species is endangered or threatened to direct the Secretary to make such determinations based on specified factors, including: (1) the present or threatened loss of its habitat; and (2) the inadequacy of existing Federal, State, and local government regulatory mechanisms. Requires the Secretary to make such determinations solely on the basis of the best scientific and commercial data available after conducting a review of the status of the species and after soliciting and fully considering the best scientific and commercial data available concerning the status of a species from any affected State or any interested non-Federal person, taking into account other specified factors. Sets forth or revises provisions regarding: (1) consideration of State recommendations; (2) listing of foreign species; (3) soliciting scientific information; (4) emergency listings; (5) use of the best scientific and commercial data; (6) identifying data used for decisions; (7) judicial review; (8) peer review; (9) making data public; (10) improving the petition and designation processes; (11) greater State involvement; (12) monitoring the status of species; and (13) petitions to delist species. Title IV: Recognizing Other Federal Action, Laws, and Missions - Amends the Act to direct: (1) the Secretary to review other programs administered by the Secretary and utilize such programs in furtherance of the purposes of the Act; and (2) each Federal agency to ensure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered or threatened species or destroy or adversely modify any habitat that is designated by the Secretary as critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. Sets forth provisions regarding: (1) involvement of applicants for Federal approvals; (2) conferring on candidate species; (3) limitations on modifications to land management; (4) resolving conflicts between Federal agencies; (5) procedures for consultation; and (6) activities prior to completion of consultation. (Sec. 402) Sets forth provisions regarding exemptions from consultation and conferencing requirements. Specifies that an agency action shall not constitute a taking of a species prohibited by the Act or any regulation thereunder if the action is consistent with those provided for in a final conservation plan or a conservation objective under this Act, or a cooperative management agreement or an incidental take permit. (Sec. 403) Eliminates the Endangered Species Committee and related provisions. Title V: Better Management and Conservation of Listed Species - Amends the Act to direct the Secretary to publish a conservation objective and a conservation plan for each species determined to be an endangered or threatened species. Requires the Secretary: (1) within 30 days after the listing determination, to appoint an assessment and planning team (which shall report to the Secretary within 180 days the assessment of specified biological, economic, and intergovernmental factors with respect to the listed species); and (2) within 210 days, to review the report to establish a conservation objective for the species and publish in the Federal Register the conservation objective, along with a statement of findings on which the objective was established. (Sec. 502) Directs the Secretary, in the development and implementation of a conservation plan, to accord specified priorities, including to: (1) the development of an integrated plan for two or more endangered or threatened species that are likely to benefit from an integrated conservation plan; and (2) nonregulatory, incentive-based conservation measures and commercial activities that provide a net benefit to the conservation of the species. Sets forth provisions regarding: (1) publication of a draft plans; (2) contents of such plan; (3) plan preparation procedures; (4) publication of a final plan; (5) participation by other persons; (6) plan revision or amendment; and (7) lack of further procedures or requirements for actions consistent with the conservation plan. (Sec. 503) Delineates procedures regarding: (1) management prior to publication of a conservation plan; (2) emergency rulemaking protections; (3) suspension of conservation plans or objectives; (4) non-delegation of duties; and (5) review of conservation plans. (Sec. 504) Authorizes the Secretary to: (1) designate critical habitat of a species determined to be an endangered or threatened species that meets specified requirements utilizing the National Biodiversity Reserve (see Title VI) as a first priority; and (2) revise a critical habitat designation on determining that such habitat does not meet such requirements. Sets forth provisions regarding: (1) deadlines for designation; (2) basis for designation (directs the Secretary to exclude any area from critical habitat which does not meet the definition as set forth in this Act, which is not necessary to achieve the conservation objective for the affected species, for which the Secretary determines that the benefits of exclusion outweigh the benefits of designation (with exceptions), and in the case of property owned by a non-Federal person, where the owner has not given written consent to the designation or has not been compensated); (3) procedure for designation; and (4) judicial review of the critical habitat designation. Sets forth provisions regarding: (1) the standard for judicial review of decisions regarding conservation objectives or plans; (2) conservation plans for foreign species; and (3) the definition of critical habitat. (Sec. 505) Authorizes the Secretary to: (1) utilize captive propagation as a means of protecting or conserving an endangered or threatened species; and (2) provide annual grants to non-Federal persons to fund captive propagation programs if the Secretary determines that such a program contributes to enhancement of the population of such a species. (Sec. 506) Revises provisions regarding experimental populations to require the Secretary, before authorizing the release of a population of endangered or threatened species outside the current range of such species, to identify the precise boundaries of the geographic area for the release and determine whether the release is in the public interest. Provides that: (1) any member of an experimental population found outside the geographic area in which the population is released shall not be treated as a threatened species if the member poses a threat to the welfare of the public; and (2) critical habitat shall not be designated under the Act for any experimental population determined to be not essential to the continued existence of a species. Sets forth requirements for releases of such populations, including that the Secretary require that: (1) to the maximum extent practicable, the release occurs only in a unit of the National Park System or the National Wildlife Refuge System; (2) the regulations authorizing the release identify precisely the geographic area for the release; and (3) a release on non-Federal land occurs only with the written consent of the owner of the land. (Sec. 507) Revises provisions regarding regulations to protect threatened species to direct the Secretary to issue, concurrently with the regulation that provides for the listing of the species, such regulations as the Secretary deems necessary and advisable to provide for the conservation of such species. Specifies that prohibitions applied to the threatened species shall address the specific circumstances of such species and may not be as restrictive as such prohibition for endangered species. Requires conservation guidelines to include a system for developing and implementing, on a priority basis, conservation objectives and conservation plans. Directs the Secretary to provide to the public notice of, and opportunity to submit written comments on, any guideline proposed to be established. Title VI: Habitat Protections - Establishes a National Biological Diversity Reserve, composed of units of Federal and State lands designated and managed in accordance with this title. Directs the Secretary and the Secretary of Agriculture to designate to the Reserve by regulation those units of the national conservation systems which are within the jurisdiction of the Secretary concerned and which the Secretary determines would contribute to the protection, maintenance, and enhancement of biological diversity. Directs the Secretary to: (1) designate to the Reserve a unit of State-owned lands if such unit is nominated for designation by the Governor of the State and is managed under State law in accordance with this title; (2) designate to the Reserve privately owned land that is nominated for designation by the owner of the land, and remove such land from the Reserve if the owner requests removal; (3) remove from the Reserve a unit designated which the Secretary finds is not managed under State law in accordance with this title; and (4) remove from the Reserve any State-owned lands at the request of the Governor of that State. Requires: (1) each unit of the Reserve to have as an objective for the management thereof the preservation, maintenance, and enhancement of biological diversity; and (2) within one year of the designation of a unit to the Reserve, the manager of such unit to complete, and the Secretary concerned to make available to the public by notice in the Federal Register, an inventory of the species composing the biological diversity within such unit. (Sec. 602) Directs the Secretary, and the Secretary of Agriculture with respect to the National Forest System, to establish and implement a program to conserve fish, wildlife, and plants, including those which are determined to be endangered or threatened species. Provides that, to carry out such program, the appropriate Secretary: (1) shall utilize the land acquisition and other authority under the Fish and Wildlife Act of 1956, the Fish and Wildlife Coordination Act, and the Migratory Bird Conservation Act, as appropriate; and (2) is authorized to acquire lands, waters, or interests therein (lands). (Sec. 603) Directs the Secretary and the Secretary of Agriculture to encourage exchanges of lands within the jurisdiction of each Secretary (other than units of the National Park System and the National Wilderness Preservation System) for lands that are not in Federal ownership and that are affected by this Act. Sets forth provisions regarding the timing of exchanges, environmental assessment, expeditious exchange decisions, applicable law, and valuation of lands acquired. Title VII: State Authority to Protect Endangered and Threatened Species - Authorizes the Secretary to delegate to a State which establishes and maintains an adequate program for the conservation of endangered and threatened species the authority contained in this Act with respect to species of fish, wildlife, and plants that are residents in the State. Requires the Secretary, within 120 days after receiving a certified copy of a proposed State program, to determine whether such program will be adequate to provide protections to endangered and threatened species in such State, based on specified guidelines. Sets forth provisions regarding: (1) Federal financial assistance to a State which has received such delegation; (2) contents of a delegation agreement; (3) State compliance with this Act; (4) review of State programs; and (5) conflicts between Federal and State laws. (Sec. 702) Directs the Secretary, in any instance in which a State has a program for management of a native species which is the subject of a request for an export permit under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, to act in accordance with the recommendation of the State unless the Secretary makes a finding and publishes a notice in the Federal Register that scientific evidence justifies a conclusion contrary to the advice of the State. Authorizes the State which is subject to such a finding, or any person in that State directly affected because of inability to obtain a permit, to appeal the finding to an administrative law judge or a court. Places the burden on the Secretary to show that the evidence supports a finding contrary to the recommendation of the State. Title VIII: Funding of Conservation Measures - Authorizes appropriations to the Departments of the Interior, Commerce, and Agriculture through FY 2001 to carry out the Act, including for cooperative management agreements, Convention implementation, non-Federal conservation planning, and habitat conservation grants. (Sec. 802) Directs the Secretary, for any non-Federal person or Federal power marketing administration, to pay half of any direct costs that result from the compliance by the person or administration mandated by a conservation plan or measure that provides protection to a listed species under a plan developed under the Pacific Northwest Electric Power Planning and Conservation Act, including a plan that provides protection to a larger population unit of the same listed species. Sets forth provisions regarding consultation requirements, incidental take permits, cooperative management agreements, method of cost-sharing, existing cost-sharing agreements, and adjustments to the cost-sharing percentage. (Sec. 803) Establishes in the Treasury an Endangered Species and Threatened Species Conservation Trust Fund. Title IX: Miscellaneous Provisions - Defines or redefines the terms: (1) "non-Federal person"; and (2) "commercial activity." (Sec. 902) Directs the Secretary to: (1) identify those species which are listed under the Act as a result of being determined to be a population segment; and (2) review and determine whether or not it is in the national interest to continue to list each such segment. Requires those segments which the Secretary recommends for continued listing to be submitted to the Congress for approval, and that any segment not determined to be in the national interest to be delisted. (Sec. 903) Requires the Secretary to publish a list of all species that were determined to be endangered or threatened species for which no final recovery plans were issued, divided equally into three tiers of priority for preparation of conservation objectives and plans (with any species listed as an endangered or threatened species in more than one State being placed in the first tier of priority). Directs the Secretary to publish a conservation objective, draft conservation plan, and final conservation plan for each species within each tier of priority according to a specified timetable. Sets forth provisions regarding: (1) priority for revision of existing plans (for listed species with recovery plans); (2) a schedule for revision of plans; (3) species for which no conservation plan is required; (4) a prohibition on additional requirements; and (5) existing biological opinions.
United States · United States Congress · 6 September 1995
Requires a constitutional authority clause to follow the enacting clause of any Act of Congress or the resolving clause of any joint resolution. Requires a similar clause before each title, section, subsection, or paragraph which relies on a different constitutional provision.
United States · United States Congress · 6 September 1995
Amends rule XLIII of the Rules of the House of Representatives to prohibit a House Member, officer, or employee from knowingly accepting a gift except as provided in this Act. Allows such individual to accept a gift (other than cash or cash equivalent) which he or she reasonably and in good faith believes to have a value of less than $50 and a cumulative value from one source during a calendar year of less than $100. Provides that no gift with a value below ten dollars shall count towards the $100 annual limit. Considers a gift to a family member to be a gift to such individual if given with his or her knowledge and acquiescence and if there is reason to believe that the gift was given because of such individual's official position. Treats only the food and refreshment that are provided to such individual as a gift if they are also provided at the same time and place to such individual's spouse or dependent. Includes among exempted items: (1) contributions lawfully made under the Federal Election Campaign Act or attendance at a fund raising event sponsored by a political organization; (2) anything provided on the basis of a personal friendship unless such individual has reason to believe that the gift was provided because of his or her official position; (3) otherwise lawful contributions to such individual's legal expense fund; (4) food, refreshments, lodging, and other benefits which result from the outside business or employment activities of such individual or spouse if such benefits have not been offered or enhanced because of such individual's official position, which are customarily provided by a prospective employer in connection with bona fide employment discussions, or which are provided by a political organization in connection with a fund raising or campaign event; (5) training that is the House's interest; (6) a gift of personal hospitality of an individual other than a registered lobbyist or agent of a foreign principal; and (7) certain other opportunities and benefits provided to the public or to Government employees generally. Establishes conditions under which such individual may accept an offer of free attendance at a convention, dinner, or similar event. Prohibits the acceptance of a gift exceeding $250 on the basis of the personal friendship exception unless the Committee on Standards of Official Conduct issues a written determination that such exception applies. Provides that certain reimbursements to such individual for travel expenses to an event in connection with official duties shall not be considered to be gifts if advance authorization is received and the reimbursements and authorization are disclosed within a specified time period. Declares that activities that are substantially recreational in nature shall not be considered to be in connection with official duties. Includes as prohibited gifts to such individual from a registered lobbyist or an agent of a foreign principal: (1) anything provided to an entity that is maintained or controlled by such individual; (2) a charitable contribution made on the basis of such individual's specification, with the exception of a mass mailing or other solicitation directed to a broad category of persons or entities; (3) a contribution or other payment to such individual's legal expense fund; and (4) a financial contribution or expenditure made relating to a conference or similar event sponsored by, or affiliated with, an official congressional organization for, or on behalf of, such individuals. Provides that a charitable contribution made by a registered lobbyist or agent in lieu of an honorarium to such individual shall not be considered a gift under this Act if such individual reports to the Clerk of the House the name and address of the registered lobbyist, the date and amount of the contribution, and the name and address of the designated or recommended charitable organization. Declares that such rules shall be interpreted and enforced solely by the Committee on Standards of Official Conduct.
United States · United States Congress · 4 August 1995
TABLE OF CONTENTS: Title I: Abolishment of Department of Housing and Urban Development and Disposition of Functions Subtitle A: Abolishment of Department of Housing and Urban Development Subtitle B: Disposition of Particular Programs, Functions, and Agencies of Department of Housing and Urban Development Subtitle C: Miscellaneous Provisions Title II: Tenant-Based Vouchers for Rental and Homeownership Assistance Subtitle A: Block Grants for State Housing Voucher Assistance Subtitle B: Federal Housing Voucher Assistance Program Subtitle C: Determination of State Allocations and Election of Federal or State Voucher Program Subtitle D: Office of Federal Housing Voucher Assistance in Department of Health and Human Services Subtitle E: General Provisions Title III: Transition Provisions Relating to Replacement of Public Housing and Assisted Housing Programs Subtitle A: Replacement of Assisted Housing Programs Subtitle B: Interim Program for Public Housing Block Grants and Deregulation Subtitle C: General Provisions Title IV: Block Grants for Housing and Community Development Opportunities Subtitle A: Block Grants Program Subtitle B: Block Grants for Housing for Special Populations and Indian Housing Subtitle C: General Provisions Relating to Block Grants Subtitle D: Housing and Community Opportunities Agency Subtitle E: Effective Date Title V: Single Family Housing Mortgage Insurance Subtitle A: Federal Home Mortgage Insurance Program Subtitle B: Federal Home Mortgage Insurance Fund Administration Subtitle C: Transition Provisions Subtitle D: General and Miscellaneous Provisions Title VI: Office of Federalism in Office of Management and Budget Housing Opportunities and Empowerment Act - Title I: Abolishment of Department of Housing and Urban Development and Disposition of Functions - Subtitle A: Abolishment of Department of Housing and Urban Development - Reestablishes the Department of Housing and Urban Development (HUD) as the Housing and Urban Development Programs Resolution Agency (Agency) which shall be an independent Executive agency headed by the Resolution Administrator. Terminates the Agency as of September 30, 2000. (Sec. 106) Directs the General Accounting Office to report on the most efficient manner of abolishing HUD and transferring its functions. Subtitle B: Disposition of Particular Programs, Functions, and Agencies of Department of Housing and Urban Development - Sets forth specified transfers of HUD functions. (Sec. 122) Reestablishes the (HUD) Office of Federal Housing Enterprise Oversight as an office in the Department of the Treasury. (Sec. 123) Amends the National Housing Act to terminate the Government National Mortgage Association. Requires the Resolution Administrator to develop a phase-out plan. (Sec. 124) Abolishes the (HUD) Office of Public Affairs. Subtitle C: Miscellaneous Provisions - Sets forth transfer provisions, including authorizing the Office of Management and Budget to make any necessary transfer determinations. Title II: Tenant-Based Vouchers for Rental and Homeownership Assistance - Subtitle A: Block Grants for State Housing Voucher Assistance - Directs the Administrator of the Federal Housing Voucher Agency (established by this Act) to make State block grants for (low-income) housing voucher assistance. Sets forth program provisions, including waiver of voucher program requirements and alternate State grant uses. Subtitle B: Federal Housing Voucher Assistance Program - Establishes a Federal housing voucher assistance program of monthly payments on behalf of renting or first-time owning low-income families. Limits assistance to five years. Provides assistance portability within the same State or metropolitan area. Sets forth program provisions. Subtitle C: Determination of State Allocations and Election of Federal or State Voucher Program - Directs the Administrator (Voucher Administrator) of the Office of Federal Housing Voucher Assistance (established by this Act) to establish: (1) a State housing assistance need formula; and (2) a limit on assisted families per State and a maximum State allocation. (Sec. 252) Authorizes a State to elect State block grant voucher assistance (subtitle A) rather than Federal voucher assistance (subtitle B). Subtitle D: Office of Federal Voucher Assistance in Department of Health and Human Services - Establishes in the Department of Health and Human Services the Office of Federal Housing Voucher Assistance (to be headed by the Voucher Administrator) which shall carry out the housing assistance programs under this title and certain other transferred housing authorities. Subtitle E: General Provisions - Authorizes appropriations for specified provisions of this title. Title III: Transition Provisions Relating to Replacement of Public Housing and Assisted Programs - Subtitle A: Replacement of Assisted Housing - Replaces the following housing programs with a five-year interim public housing block grant program: (1) tenant-based section 8 assistance; (2) project-based section 8 assistance; (3) tenant-based rental assistance for disabled families; (4) rental assistance for persons with AIDS; (5) shelter plus care rental assistance for homeless persons; (6) tenant opportunity program; (7) flexible subsidies; (8) preservation programs; (9) service coordinators for assisted projects; and (10) Indian public housing, childhood development, and rental assistance. (Sec. 312) Provides for the transition of housing assistance from the interim block grant program to the voucher assistance programs. (Sec. 313) Provides for: (1) the transfer of specified remaining HUD authority to the Voucher Administrator; and (2) benefits to families assisted under terminated programs. Subtitle B: Interim Program for Public Housing Block Grants and Deregulation - Terminates the following housing programs: (1) public housing under title I or III of the United States Housing Act of 1937; (2) urban revitalization program; (3) public housing childhood development; (4) perinatal services demonstration; (5) youth sports demonstration; and (6) public and assisted housing drug elimination. (Sec. 322) Provides for the deregulation of public housing authorities (PHAs). Requires PHAs to develop a strategic plan as a condition of assistance eligibility. (Sec. 325) Establishes the Public Housing Block Grant Fund for grants to PHAs for public housing management and operations. Sets forth program provisions, including lead-based paint requirements. States that participation in the Family Self-Sufficiency program shall not be mandatory. (Sec. 330) Authorizes appropriations. Subtitle C: General Provisions - Defines specified terms. Title IV: Block Grants for Housing and Community Development Opportunities - Subtitle A: Block Grants Program - Requires the Director of the Housing and Community Opportunities Agency to make an housing assistance block grant to eligible States, entitlement areas, and Indian tribes. Sets forth program provisions, including at least 90 percent low-income use and one percent set-asides for Indian tribes. Subtitle B: Block Grants for Housing for Special Populations and Indian Housing - Obligates specified block grant funds for State housing programs for low-income special populations (elderly families, disabled families, or persons with acquired immunodeficiency syndrome (AIDS) and their families). (Sec. 422) Obligates specified block grant funds for Indian housing authorities. Subtitle C: General Provisions Relating to Block Grants - Authorizes block grant appropriations. Repeals specified housing and related programs. Subtitle D: Housing and Community Opportunities Agency - Establishes the Housing and Community Opportunities Agency as an independent Executive agency. Subtitle E: Effective Date - Sets forth effective dates for provisions of this title. Title V: Single Family Housing Mortgage Insurance - Subtitle A: Federal Home Mortgage Insurance Program - Establishes in the Treasury the Federal Home Mortgage Insurance Fund (Fund). States that Fund amounts shall be for: (1) payment of losses to qualified mortgage insurers; (2) payment of certain claim notes; (3) investment; and (4) certain annual assessments. (Sec. 502) Authorizes the Fund Administrator to enter into risk-sharing agreements with qualified mortgage insurers for single family home mortgage insurance coverage. Sets forth program provisions. Subtitle B: Federal Home Mortgage Insurance Fund Administration - Establishes within the Department of the Treasury the Federal Home Mortgage Insurance Fund Administration which shall administer the Federal Home Mortgage Insurance Fund. Subtitle C: Transition Provisions - Prohibits new Federal Housing Administration (FHA) loan or mortgage activities. Repeals specified FHA insurance authorities. Provides for the sale of FHA mortgage insurance interests and transfer of remaining authority to the Federal Home Mortgage Insurance Fund. Subtitle D: General and Miscellaneous Provisions - Sets forth miscellaneous and administrative provisions. Title VI: Office of Federalism in Office of Management and Budget - Establishes in the Office of Management and Budget the Office of Federalism whose duties shall include: (1) review of policy and legislation's effect on the Federal-State relationship; and (2) federalism issues liaison services. Authorizes appropriations.
United States · United States Congress · 4 August 1995
Continues existing average fuel economy standards for passenger and non-passenger automobiles until such standards are specifically amended or changed by law.
United States · United States Congress · 4 August 1995
Requires the Secretary of the Interior to: (1) amend a specified water contract between the United States and Kingman, Arizona, dated November 14, 1968, to extend such contract until December 31, 2001; (2) upon request by the city, approve the assignment of the contract from the city to a municipal corporation in Mohave County, Arizona; and (3) after such assignment, amend the contract to make water deliverable under it available for permanent service in a manner that is consistent with a specified plan submitted by the city to the U.S. Bureau of Reclamation on June 29, 1994. Prohibits the contract from being terminable for nonuse of water before December 31, 2001, and thereafter, only in accordance with the terms of the contract as amended pursuant to this Act. Grants authorization to join the United States as a party to any suit brought to enforce the Secretary's obligations to perform the provisions of this Act. Waives any claim by the United States to sovereign immunity from such suit.
United States · United States Congress · 4 August 1995
Amends Internal Revenue Code provisions relating to mortgage revenue bonds to modify the requirements to be a qualified veteran. Establishes State subcap and State overall cap restrictions.
United States · United States Congress · 3 August 1995
Family Business Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate, for estate tax purposes, specified portions of the adjusted value of the qualified family-owned business interests of the decedent.
![Official portrait of Rep. Hayworth, J. D. [R-AZ-5]](https://www.congress.gov/img/member/h000413_200.jpg)