United States · United States Congress · 29 February 1996
Law Enforcement and Industrial Security Cooperation Act of 1996 - Establishes the Law Enforcement and Industrial Security Cooperation Commission which shall submit to the Congress and the Attorney General a report containing recommendations on methods and activities that promote cooperation between public law enforcement agencies and private sector security professionals to control crime.
United States · United States Congress · 29 February 1996
Amends the Internal Revenue Code to decrease the targeted jobs credit from 40 to 35 percent of the amount of qualified first-year wages. Revises targeted group membership provisions. Excludes from the definition of wages any wages paid after: (1) December 31, 1994, and before the 60th day after enactment; or (2) December 31, 1997. Redesignates such credit the "work opportunity credit." Extends to December 31, 1997, the: (1) exclusion from gross income of employer-provided educational assistance; (2) credit for increasing research activities; (3) orphan drug tax credit; (4) special rule concerning deductions for contributions of stock for which market quotations are readily available; and (5) exclusion from gross income of employer contributions to qualified group legal services plans. Extends the binding contract date for biomass and coal facilities to July 1, 1997. Extends permanently the Federal Unemployment Tax Act exemption for alien agricultural workers.
United States · United States Congress · 23 February 1996
International Arbitration Enforcement Act of 1996 - Makes liable for money damages any foreign state that has injured a U.S. person through its violation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards with respect to a foreign arbitral award. Amends Federal law to grant district courts exclusive jurisdiction over violations of the Convention. Waives a foreign state's sovereign immunity in any action brought against it for violations of the Convention, including the enforcement of such actions.
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
Charitable Medical Care Act of 1996 - Exempts health care professionals from liability for negligence in the provision of health care services without charge in (or on referral from) a free medical clinic, except in cases of gross negligence or willful misconduct. Makes this Act applicable only if such professional, before furnishing the service: (1) agrees to furnish such service voluntarily and without charge to the recipient or to any health insurance plan or program under which the recipient is covered; and (2) provides the recipient with adequate notice, as determined by the Secretary of Health and Human Services, of the professional's limited liability for that service. Preempts any inconsistent State law. Specifies that this Act shall not preempt any State law that provides greater incentives or protections to a health care professional rendering such service.
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
Use of Assisted Housing by Aliens Act of 1995 - Amends the Housing and Community Development Act of 1980 with respect to certain housing assistance to aliens to: (1) make specified assistance termination procedures mandatory; (2) prorate continued assistance on the basis of individual eligibility; and (3) reduce the assistance termination deferment to a single three-month period. Sets forth verification of immigration status and financial assistance eligibility requirements, including penalties for permitting an ineligible person to use such assistance. Suspends the implementation of certain noncitizen housing assistance regulations and prohibits implementation of any related regulations that are inconsistent with the provisions of this Act.
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
Consumer Disclosure and Rental Purchase Agreement Act - Amends the Consumer Credit Protection Act to create a new title on rental purchase agreements. Declares that the title does not apply to rental-purchase agreements primarily for business, commercial, or agricultural purposes or made with Government instrumentalities. Regulates: (1) the content and manner of disclosures by merchants in rental-purchase agreements; and (2) the contents of rental-purchase agreements. Imposes individual and class action civil liability for violations. Establishes merchant defenses and provides for the liability of merchant assignees. Mandates model disclosure forms and clauses. Preempts inconsistent State laws providing lesser consumer protection.
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 · 18 December 1995
Anti-Car Theft Improvements Act of 1995 - Revises provisions regarding the National Automobile Title Information System (NATIS) to define "motor vehicle" to have the same meaning as "passenger motor vehicle." Makes the Attorney General (currently, the Secretary of Transportation) responsible for carrying out specified functions with respect to NATIS. Directs the Attorney General no later than: (1) October 1, 1997, to establish a NATIS that will provide specified individuals and entities with instant and reliable access to information maintained by the States relating to motor vehicle titling; and (2) October 1, 1998, to report to the Congress on which States have met requirements with respect to NATIS. Grants immunity from any civil action seeking money damages or equitable relief in any Federal or State court for any person performing activities, in good faith and with the reasonable belief that such activities were in accordance with Federal provisions, relating to NATIS and the National Stolen Passenger Motor Vehicle Information System (NSPMVIS). Authorizes the Attorney General to make grants to participating States to be used in making titling information available to the operator. Authorizes appropriations to carry out provisions regarding State participation in NATIS.
United States · United States Congress · 15 December 1995
Amends the Trade Act of 1974 to revise the definition of "domestic industry" and "like or directly competitive article" with respect to investigations by the International Trade Commission (ITC) to determine whether perishable agricultural products are being imported into the United States in such increased quantities as to be a substantial cause (or threat) of serious injury to the domestic industry producing an article like or directly competitive with such imported products. Authorizes the ITC, in the case of one or more domestic producers who produce a like or directly competitive perishable agricultural product during a particular growing season, to limit the domestic industry to those producers if they sell all or almost all of their production of the article in that growing season and the demand for the article is not supplied, to any substantial degree, by other domestic producers of the article who produce the article in a different growing season. Requires the ITC, with respect to perishable agricultural products, to limit provisional import relief to imported articles that are entered, or withdrawn from warehouse for consumption, during the same growing season as the like or directly competitive product. Amends the North American Free Trade Agreement Implementation Act to require the Commissioner of Customs (currently, the ITC), with respect to expediting an investigation concerning provisional import relief, to monitor, until January 1, 2009, imports of fresh or chilled tomatoes and peppers (other than chili peppers) as if proper requests for such monitoring have been made. Requires the Secretary of Agriculture, upon the request of the Commissioner of Customs (currently, the ITC), to provide to the Commissioner information relevant to such monitoring. Requires the Commissioner to make such information available to the public, but in no case more than seven calendar days after the Commissioner receives such information.
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 · 13 December 1995
TABLE OF CONTENTS: Title I: Criminal Acts Title II: Increased Penalties Title III: Investigative Tools Title IV: Nuclear Materials Title V: Convention on the Marking of Plastic Explosives Title VI: Immigration-Related Provisions Subtitle A: Removal of Alien Terrorists Subtitle B: Expedited Exclusion Subtitle C: Improved Information and Processing Subtitle D: Employee Verification by Security Services Companies Subtitle E: Criminal Alien Deportation Improvements Title VII: Authorization and Funding Title VIII: Miscellaneous Title IX: Habeas Corpus Reform Effective Death Penalty and Antiterrorism Act of 1995 - Title I: Criminal Acts - Amends the Federal criminal code to set penalties for: (1) killing or attempting to kill any U.S. officer engaged in, or on account of, the performance of official duties or any person assisting such an officer or employee; and (2) threats to assault, kidnap, or murder former Federal officers and employees. (Sec. 102) Sets penalties for providing material support to terrorist organizations. (Sec. 103) Modifies a provision setting penalties for providing material support to terrorists, including: (1) eliminating language that excludes from the definition of "material support or resources" humanitarian assistance to persons not directly involved in violations; and (2) adding language to exclude from such definition medicine or religious materials. (Sec. 104) Establishes penalties for acts of terrorism transcending national boundaries, including creating a substantial risk of serious bodily injury to another by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States in violation of State or Federal law. Sets forth provisions regarding limits on prosecution, proof requirements, extraterritorial jurisdiction, the statute of limitations, and detention. Grants the Attorney General primary investigative responsibility for all "Federal crimes of terrorism" (defined as an offense that is calculated to influence or affect the conduct of government by intimidation or coercion or to retaliate against government conduct and that is a violation of specified provisions of the Federal criminal code, the Atomic Energy Act of 1954, and other Federal law). Directs the Secretary of the Treasury to assist the Attorney General at the Attorney General's request. (Sec. 105) Sets penalties for conspiring to kill, kidnap, maim, or injure people in (currently, limited to injuring property of) a foreign government. (Sec. 106) Makes penalties for an individual committing an offense on an aircraft in flight outside the special aircraft jurisdiction of the United States applicable regardless of whether such individual is later found in the United States. Grants jurisdiction over such an offense if: (1) a U.S. national was or would have been on board the aircraft; (2) an offender is a U.S. national; or (3) an offender is found in the United States. Provides that if the victim of specified offenses is an internationally protected person outside the United States, the United States may exercise jurisdiction if: (1) the victim is a representative, officer, employee, or agent of the United States; (2) an offender is a U.S. national; or (3) an offender is found in the United States. (Sec. 107) Modifies provisions regarding the use of weapons of mass destruction to include threats to use such weapons and to specify that, to violate such provisions, such use must be without lawful authority and the results of such use must affect (or in the case of a threat, attempt, or conspiracy, would have affected) interstate or foreign commerce. Includes within the definition of "weapon of mass destruction" any weapon designed to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors. Sets penalties (including the death penalty, if death results) for any U.S. national who, without lawful authority and outside the United States, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction. (Sec. 108) Adds terrorism offenses to the money laundering statute. (Sec. 109) Expands Federal jurisdiction over bomb threats. (Sec. 110) Provides that there is U.S. jurisdiction over specified maritime violence: (1) regardless of whether the activity is prohibited by the State in which it takes place; and (2) committed by a U.S. national or by a stateless person whose habitual residence is in the United States, regardless of whether the activity takes place on a ship flying the flag of a foreign country or outside the United States. (Sec. 111) Prohibits the possession, or pledge or acceptance as security for a loan, of stolen explosive materials moving in interstate or foreign commerce. (Sec. 112) Directs the National Institute of Justice (NIJ) to study and report to the Congress on a methodology for determining what ammunition, designed for handguns, is capable of penetrating police body armor. Title II: Increased Penalties - Revises provisions of the Federal criminal code regarding mandatory minimum sentences for certain explosives offenses to eliminate the malice requirement and increase penalties. Extends the statute of limitations to seven years for specified arson and explosives offenses. (Sec. 202) Increases penalties for explosives conspiracies. (Sec. 203) Sets penalties for conspiring to commit various terrorism-related offenses. (Sec. 204) Revises provisions regarding transferring a firearm knowing that it will be used to commit a crime of violence to include situations where the transferor has reasonable cause to believe that it will be used for such purpose. Subjects violators to the same penalties as may be imposed on a transferee for a first conviction for the use or carrying of the firearm. (Sec. 205) Subjects whoever transfers explosive materials, knowing or having reasonable cause to believe that such materials will be used to commit a crime of violence or drug trafficking crime, to the same penalties as may be imposed for a first conviction for the use or carrying of the explosive materials. (Sec. 206) Directs the U.S. Sentencing Commission to amend the sentencing guidelines so that the adjustment relating to international terrorism only applies to Federal crimes of terrorism. Title III: Investigative Tools - Amends the Federal criminal code to authorize the use of pen registers and trap and trace devices in foreign counterintelligence investigations. (Sec. 302) Amends the Fair Credit Reporting Act to require a consumer reporting agency (CRA) to furnish to the Federal Bureau of Investigation (FBI) the names and addresses of all financial institutions at which the consumer maintains or has maintained an account when presented with a written request for that information, signed by the FBI Director or the Director's designee (Director), which certifies compliance with this section. Permits the Director to make such certification only upon determining in writing that: (1) such information is necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or a person who is not a U.S. person and is an official of a foreign power, or is an agent of a foreign power and is engaging in or has engaged in international terrorism or clandestine intelligence activities that involve a violation of U.S. criminal statutes. Sets forth provisions regarding CRA furnishing of identifying information respecting a consumer, court orders for disclosure of consumer reports, confidentiality, payment of fees, limits on dissemination, reporting requirements, damages and disciplinary actions for violations (with a good faith exception), limitation of remedies, and injunctive relief. (Sec. 303) Amends the Federal criminal code to authorize a court or magistrate judge, upon application of the FBI Director, to issue an order ex parte directing any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to furnish any records in its possession to the FBI. Directs the court or magistrate judge to issue the order upon finding that such records are sought for foreign counterintelligence purposes and that there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power and is engaging or has engaged in international terrorism or clandestine intelligence activities that involve or may involve a violation of U.S. criminal statutes. Specifies that such an order shall not disclose that it is issued for purposes of a counterintelligence investigation. Sets forth provisions regarding limits on, and penalties for, disclosure. (Sec. 304) Requires the Attorney General to conduct a study concerning: (1) the tagging of explosive materials for purposes of detection and identification; (2) technology for devices to improve the detection of explosives materials; (3) whether common chemicals used to manufacture explosive materials can be rendered inert and whether it is feasible to require it; and (4) whether controls can be imposed on certain precursor chemicals used to manufacture explosive materials and whether it is feasible to require it. (Sec. 305) Makes the statutory exclusionary rule concerning intercepted wire or oral communications inapplicable to the disclosure by the United States in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication or evidence derived therefrom if any law enforcement officers who intercepted the communication or gathered the evidence acted with the reasonably objective belief that their actions were in compliance with Federal criminal code provisions. (Sec. 307) Revises wiretapping provisions to direct that an order authorizing interception require the attorney for the Government to file a report with the issuing judge within 15 days after the interception has begun, but specifies that no other reports shall be made to the judge. (Sec. 308) Sets forth provisions regarding: (1) access to telephone billing records by law enforcement agencies (including provision for a civil remedy and disciplinary action for violations); and (2) a requirement for providers of wire or electronic communication services to preserve record evidence. (Sec. 310) Provides that, except for good cause, a continuance on motion of the person in a detention hearing may not exceed five days and a continuance on motion of the attorney for the Government may not exceed three days (as under current law), not including any intermediate Saturday, Sunday, or legal holiday. (Sec. 311) Repeals Federal criminal code provisions regarding rewards. Authorizes the Attorney General to pay rewards and receive from any department or agency funds for the payment of rewards to any individual who provides any information unknown to the Government leading to the arrest or prosecution of any individual for Federal felony offenses. Requires the Attorney General to give notice to the Senate and House of Representatives if the reward exceeds $100,000. Specifies that the Attorney General's decision whether to authorize an award shall not be subject to judicial review. Sets forth provisions regarding protection of the identity of the recipient of a reward or of the members of the recipient's immediate family. Bars any officer or employee of any governmental entity from receiving a reward for conduct in performance of official duties. Permits the participation of any individual (and his or her immediate family) who furnishes information which would justify a reward, at the Attorney General's discretion, in the witness security program. (Sec. 312) Authorizes the Attorney General to prohibit: (1) vehicles from parking or standing on any street or roadway adjacent to any building in the District of Columbia which is wholly or partly owned, possessed, used by, or leased to the Federal Government and used by Federal law enforcement authorities; and (2) any person or entity from conducting business on any property immediately adjacent to any such building. (Sec. 313) Directs the Attorney General to study and report to the Congress on the extent of thefts from military arsenals of firearms, explosives, and other materials that are potentially useful to terrorists. Title IV: Nuclear Materials - Amends the Federal criminal code to expand the scope of provisions regarding prohibited transactions involving nuclear materials (for example, to include nuclear byproduct material) and the jurisdictional bases (such as to cover a situation where an offender or a victim is a U.S. national or a U.S. corporation or other legal entity). Title V: Convention on the Marking of Plastic Explosives - Amends the Federal criminal code to prohibit (with exceptions) the manufacture, importation, exportation, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent. Prohibits any person (other than a U.S. agency or the National Guard of any State) possessing any plastic explosive on the effective date of this title, from failing to report to the Secretary of the Treasury the quantity of such explosives possessed, the manufacturer or importer, any identification marks, and such other information as the Secretary may prescribe. (Sec. 503) Sets forth: (1) penalties for violations of this title; and (2) affirmative defenses. Title VI: Immigration-Related Provisions - Subtitle A: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Immigration and Nationality Act (INA) to establish procedures for the removal of alien terrorists. Requires the Chief Justice of the United States to publicly designate five district court judges to constitute a court with jurisdiction to conduct all special removal proceedings. Makes provisions of the Foreign Intelligence Surveillance Act of 1978 applicable to proceedings under this title. Directs the special removal court to provide for the designation of a panel of attorneys, each of whom has a security clearance and has agreed to represent permanent resident aliens with respect to classified information. Sets forth provisions regarding: (1) applications for initiation of a special removal proceeding; (2) consideration of the applications; (3) the conduct of special removal hearings, including provision for a public hearing, the right of aliens to counsel, rules of evidence, and the burden of proof; (4) consideration of classified information; (5) appeals; and (6) detention and custody, including criminal penalties for reentry of alien terrorists and elimination of custody review by habeas corpus. (Sec. 602) Authorizes appropriations to the Immigration and Naturalization Service for the purpose of detaining and deporting alien terrorists. Part 2: Exclusion and Denial of Asylum for Alien Terrorists - Makes membership in a terrorist organization a ground for exclusion. Defines "terrorist organization" as a foreign organization designated in the Federal Register as a terrorist organization by the Secretary of State, in consultation with the Attorney General, based upon a finding that the organization engages in, or has engaged in, terrorist activity that threatens U.S. national security. Sets forth provisions regarding the process for making such a designation, judicial review, the authority of the Congress and such Secretary to remove the designation, and sunset provisions. (Sec. 612) Denies asylum to alien terrorists. Denies other specified relief for alien terrorists. Subtitle B: Expedited Exclusion - Authorizes the examining immigration officer, upon determining that an alien seeking entry is excludable under specified provisions (with respect to misrepresentation or insufficient documentation) and does not indicate either an intention to apply for asylum or a fear of persecution, to order the alien excluded from the United States without further hearing or review. Directs the Attorney General to promulgate regulations to provide for the immediate review by a supervisory asylum office at the port of entry of a determination that an alien does not have a credible fear of persecution. (Sec. 622) Sets forth provisions regarding: (1) limits on judicial review, including preclusion of collateral attacks on the validity of orders of exclusion, special exclusion, or deportation pursuant to this title; and (2) exclusion of aliens who have not been inspected and admitted. Subtitle C: Improved Information and Processing - Part 1: Immigration Procedures - Allows the Attorney General (and, in some cases, an employee or official of the Department of Justice) to authorize an application to a Federal court of competent jurisdiction for, and allows a judge of such court to grant, an order authorizing disclosure of information contained in an alien's application for adjustment of status under the legalization program or under the special agricultural worker program for: (1) identification of an alien believed to have been killed or severely incapacitated; or (2) criminal law enforcement purposes against the alien if the alleged criminal activity occurred after the application was filed and such activity involves terrorist activity or poses an immediate risk to life or national security or would be prosecutable as an aggravated felony, without regard to the length of sentence that could be imposed on the applicant. (Sec. 632) Authorizes the Secretary of State to waive the application of provisions regarding notice of denial of visa applications in the case of a particular alien or any class or classes of aliens excludable on criminal or security and related grounds. Part 2: Asset Forfeiture for Passport and Visa Offenses - Amends the Federal criminal code to provide for: (1) criminal forfeiture for passport and visa related offenses; and (2) subpoenas for bank records for specified offenses, such as for fraud and related activity in connection with identification documents. Subtitle D: Employee Verification by Security Services Companies - Makes provisions prohibiting potential employers of foreign nationals from requesting additional or different documentation inapplicable to a request made in connection with an individual seeking employment in a company engaged in the business of providing security services to protect persons, institutions, buildings, or other possible targets of terrorism. Subtitle E: Criminal Alien Deportation Improvements - Criminal Alien Deportation Improvements Act of 1995 - Amends the INA, as amended by the Immigration and Nationality Technical Corrections Act of 1994, to expand the definition of "aggravated felony." (Sec. 663) Subjects a conditional permanent resident alien convicted of an aggravated felony to expedited deportation. (Sec. 664) 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. 665) Limits collateral attacks on deportation orders. (Sec. 666) Amends the Violent Crime Control and Law Enforcement Act of 1994 (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. 667) Amends the Federal criminal code to: (1) bring certain alien smuggling-related crimes under the purview of the Racketeer Influenced and Corrupt Organizations Act; and (2) authorize wiretaps for alien smuggling investigations. (Sec. 669) Amends the INA to expand the criteria for deportation for crimes of moral turpitude. (Sec. 670) Makes local governments eligible for specified alien incarceration reimbursement assistance under the VCCLEA. (Sec. 671) Amends the INA to permit the use of electronic and telephonic media in deportation hearings. (Sec. 673) Directs the Secretary of State and the Attorney General to report on the effectiveness of the Prisoners Transfer Treaty with Mexico. (Sec. 674) Directs the Attorney General to designate a Department of Justice office which shall provide State and local entities with technical and prosecutorial assistance with respect to aliens who flee prosecution for crimes committed in the United States. (Sec. 675) 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. 676) Directs the Attorney General and the Commissioner of Immigration and Naturalization to develop an interior (home country) repatriation program. (Sec. 677) Amends the INA to authorize deportation of nonviolent offenders prior to Federal or State sentence completion. Title VII: Authorization and Funding - Authorizes the Attorney General to award grants to provide specialized training or equipment to enhance the capability of metropolitan fire and emergency service departments to respond to terrorist attacks. Authorizes appropriations for FY 1996. (Sec. 702) Authorizes appropriations for FY 1996 and 1997 to the President to provide to foreign countries facing an imminent danger of terrorist attack that threatens the U.S. national interest or puts U.S. nationals at risk assistance in: (1) obtaining explosive detection devices and other counter-terrorism technology; and (2) conducting research and development projects on such technology. (Sec. 703) Authorizes appropriations to the NIJ Science and Technology Office to: (1) develop technologies that can be used to combat terrorism, and standards to ensure the adequacy of products produced and compatibility with relevant national systems; and (2) identify and assess requirements for technologies to assist State and local law enforcement in the national program to combat terrorism. Title VIII: Miscellaneous - Directs the Secretary of the Treasury to study and report to the Congress on State licensing requirements for the purchase and use of commercial high explosives. (Sec. 802) Amends the Victims of Crime Act of 1984 to provide for the compensation of victims of terrorism. (Sec. 803) Amends the Federal judicial code to make an exception to foreign sovereign immunity in certain cases in which money damages are sought against a foreign state for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act, where undertaken by an official, employee, or agent of a foreign country while acting within the scope of his office, employment, or agency. Makes an exception to immunity from attachment where the judgement relates to a claim for which the foreign state is not immune under such provision, regardless of whether the property is or was involved with the act upon which the claim is based. (Sec. 804) Directs the Attorney General to conduct a study, and report to the Congress, concerning: (1) the extent to which there is available to the public material that instructs how to make bombs, destructive devices, and weapons of mass destruction, and the extent to which information gained from such material has been used in incidents of domestic and international terrorism; (2) the likelihood that such information may be used in future terrorism incidents; and (3) the application of existing Federal laws to such material, any need and utility for additional laws, and an assessment of the extent to which the First Amendment protects such material and its private and commercial distribution. (Sec. 805) Directs the Attorney General to: (1) acquire data, for the calendar year 1990 and each succeeding calendar year, about crimes and incidents of threats and acts of violence against Federal, State, and local government employees in performance of their lawful duties; (2) establish guidelines for the collection of such data; and (3) publish an annual summary of the data, which shall otherwise be used only for research and statistical purposes. Specifies that the United States Secret Service is not required to participate in any statistical reporting activity regarding any threats made against any individual for whom the Service is authorized to provide protection. (Sec. 806) 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. Specifies 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 related proceedings. 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 and other assets, projected earnings and other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender and shall direct the offender to give appropriate notice to victims and other persons in cases where there are multiple victims or other persons who may receive restitution and 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 to the victim or another person or organization. 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 among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) more than one victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment in accordance with this section. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. (Sec. 807) Authorizes the FBI Director to support law enforcement training activities in foreign countries for the purpose of improving the effectiveness of the United States in investigating and prosecuting transnational offenses. Title IX: Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 902) Specifies that: (1) there shall be no right of appeal from a final order in a habeas corpus proceeding; and (2) unless a circuit justice or judge issues a certificate of appealability, any appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State or Federal court. Permits such certificate to issue only if the applicant has made a substantial showing of the denial of a constitutional right. (Sec. 904) Provides that if the applicant has failed to develop the factual basis of a claim in State court proceedings, the Federal court shall not hold an evidentiary hearing on the claim unless: (1) the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable or on a factual predicate that could not have been previously discovered through the exercise of due diligence; and (2) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. (Sec. 905) Sets forth provisions regarding limitations on second or successive applications. (Sec. 907) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of an application for habeas corpus brought in a capital case not later than 180 days after the date on which the application is filed; and (2) a court of appeals to hear and render a final determination of any appeal of an order granting or denying such petition within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition or other request for rehearing en banc within 30 days after the date on which the petition for rehearing is filed. Requires the Administrative Office of United States Courts to submit to the Congress an annual report on the compliance by the courts of appeals with the time limitations under this section. (Sec. 908) Amends the Controlled Substances Act to allow the court, upon a finding that investigative, expert, or other services are reasonably necessary for the representation of a defendant in a criminal action in which a defendant is charged with a crime which may be punishable by death and in certain post-conviction proceedings, to authorize the defendant's attorneys to obtain such services on behalf of the defendant and order the payment of fees and expenses. Prohibits any ex parte proceeding, communication, or request (proceeding) from being considered unless a proper showing is made concerning the need for confidentiality. Requires that any such proceeding be transcribed and made a part of the record available for appellate review.
United States · United States Congress · 12 December 1995
Directs the Secretary of Defense to allow veterans who are totally disabled as a result of a service-connected disability (as determined by the Secretary of Veterans Affairs) to travel on military aircraft to the same extent as retired members of the armed forces are authorized to so travel.
United States · United States Congress · 7 December 1995
Fan Freedom and Community Protection Act of 1995 - Provides that where a professional sports league approves the relocation of a team from a community in which the team has been located for at least ten years: (1) the registered mark that is used to identify the team becomes the property of the league; (2) the league shall reserve the mark for use only by the community from which the team is relocating until the earlier of the mark's expiration or the date on which the community informs the league that a team will not be using the mark; and (3) the mark may not be used by another team in the same league. (Sec. 4) Requires a team owner seeking to relocate the team to provide notice to the local government for the community in which the team's stadium or arena is located, the owner or operator of such stadium or arena, and each team that is a member of the professional sports league not later than 180 days before the commencement of the season in which the team is to play in the new community. (Sec. 5) Directs the league, within a year after the submission of the name of an investor to a league, to grant to the investor a new expansion professional sports team franchise at a fee no greater than 85 percent of the franchise fee charged for the last expansion team franchise granted. Makes such requirement applicable to a league in any case in which: (1) the league approves, on or after January 1, 1993, the relocation of a team from one community to another; (2) not later than three years after such relocation, the community in which the team was previously located submits the name of an investor to be granted a new team franchise in such community; and (3) the investor demonstrates that he is financially able to purchase and support a team by placing the prescribed amount, plus the sale price of the last team sale approved by the league, in an escrow account. Authorizes the league, for ten years after granting an expansion team franchise, to approve a resale of the team but not the team's relocation. Makes this section inapplicable to a team that relocates within 60 miles of the community. (Sec. 6) Permits under the antitrust laws a league to enforce rules or agreements authorizing its membership to decide whether a member team may relocate from one community to another. Requires a league, in determining whether to approve such a relocation, to make specific findings, including regarding fan loyalty, the extent to which the team received public financial support, and whether there is a bona fide investor offering fair market value that will retain the team in the current community. (Sec. 7) Sets forth penalties for failure to comply with this Act. Provides for enforcement by the Federal Trade Commission.
United States · United States Congress · 5 December 1995
TABLE OF CONTENTS: Title I: Criminal Acts Title II: Increased Penalties Title III: Investigative Tools Title IV: Nuclear Materials Title V: Convention on the Marking of Plastic Explosives Title VI: Immigration-Related Provisions Subtitle A: Removal of Alien Terrorists Subtitle B: Expedited Exclusion Subtitle C: Improved Information and Processing Subtitle D: Employee Verification by Security Service Companies Subtitle E: Criminal Alien Deportation Improvements Title VII: Authorization and Funding Title VIII: Miscellaneous Title IX: Habeas Corpus Reform Comprehensive Antiterrorism Act of 1995 - Title I: Criminal Acts - Amends the Federal criminal code to set penalties for: (1) killing or attempting to kill any U.S. officer engaged in, or on account of, the performance of official duties or any person assisting such an officer or employee; and (2) threats to assault, kidnap, or murder former Federal officers and employees. (Sec. 102) Sets penalties for providing material support to terrorist organizations. (Sec. 103) Modifies a provision setting penalties for providing material support to terrorists, including: (1) eliminating language that excludes from the definition of "material support or resources" humanitarian assistance to persons not directly involved in violations; and (2) adding language to exclude from such definition medicine or religious materials. (Sec. 104) Establishes penalties for acts of terrorism transcending national boundaries, including creating a substantial risk of serious bodily injury to another by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States in violation of State or Federal law. Sets forth provisions regarding limits on prosecution, proof requirements, extraterritorial jurisdiction, the statute of limitations, and detention. Grants the Attorney General primary investigative responsibility for all "Federal crimes of terrorism" (defined as an offense that is calculated to influence or affect the conduct of government by intimidation or coercion or to retaliate against government conduct and that is a violation of specified provisions of the Federal criminal code, the Atomic Energy Act of 1954, and other Federal law). Directs the Secretary of the Treasury to assist the Attorney General at the Attorney General's request. (Sec. 105) Sets penalties for conspiring to kill, kidnap, maim, or injure people in (currently, limited to injuring property of) a foreign government. (Sec. 106) Makes penalties for an individual committing an offense on an aircraft in flight outside the special aircraft jurisdiction of the United States applicable regardless of whether such individual is later found in the United States. Grants jurisdiction over such an offense if: (1) a U.S. national was or would have been on board the aircraft; (2) an offender is a U.S. national; or (3) an offender is found in the United States. Provides that if the victim of specified offenses is an internationally protected person outside the United States, the United States may exercise jurisdiction if: (1) the victim is a representative, officer, employee, or agent of the United States; (2) an offender is a U.S. national; or (3) an offender is found in the United States. (Sec. 107) Modifies provisions regarding the use of weapons of mass destruction to include threats to use such weapons and to specify that, to violate such provisions, such use must be without lawful authority and the results of such use must affect (or in the case of a threat, attempt, or conspiracy, would have affected) interstate or foreign commerce. Includes within the definition of "weapon of mass destruction" any weapon designed to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors. Sets penalties (including the death penalty, if death results) for any U.S. national who, without lawful authority and outside the United States, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction. (Sec. 108) Adds terrorism offenses to the money laundering statute. (Sec. 109) Expands Federal jurisdiction over bomb threats. (Sec. 110) Provides that there is U.S. jurisdiction over specified maritime violence: (1) regardless of whether the activity is prohibited by the State in which it takes place; and (2) committed by a U.S. national or by a stateless person whose habitual residence is in the United States, regardless of whether the activity takes place on a ship flying the flag of a foreign country or outside the United States. (Sec. 111) Prohibits the possession, or pledge or acceptance as security for a loan, of stolen explosive materials moving in interstate or foreign commerce. (Sec. 112) Directs the National Institute of Justice (NIJ) to study and report to the Congress on a methodology for determining what ammunition, designed for handguns, is capable of penetrating police body armor. Title II: Increased Penalties - Revises provisions of the Federal criminal code regarding mandatory minimum sentences for certain explosives offenses to eliminate the malice requirement and increase penalties. Extends the statute of limitations to seven years for specified arson and explosives offenses. (Sec. 202) Increases penalties for explosives conspiracies. (Sec. 203) Sets penalties for conspiring to commit various terrorism-related offenses. (Sec. 204) Revises provisions regarding transferring a firearm knowing that it will be used to commit a crime of violence to include situations where the transferor has reasonable cause to believe that it will be used for such purpose. Subjects violators to the same penalties as may be imposed on a transferee for a first conviction for the use or carrying of the firearm. (Sec. 205) Subjects whoever transfers explosive materials, knowing or having reasonable cause to believe that such materials will be used to commit a crime of violence or drug trafficking crime, to the same penalties as may be imposed for a first conviction for the use or carrying of the explosive materials. (Sec. 206) Directs the U.S. Sentencing Commission to amend the sentencing guidelines so that the adjustment relating to international terrorism only applies to Federal crimes of terrorism. Title III: Investigative Tools - Amends the Federal criminal code to authorize the use of pen registers and trap and trace devices in foreign counterintelligence investigations. (Sec. 302) Amends the Fair Credit Reporting Act to authorize a court or magistrate judge, upon application by the Director of the Federal Bureau of Investigation (FBI), to issue an order ex parte directing a consumer reporting agency (CRA) to furnish to the FBI the names and addresses of all financial institutions at which the consumer maintains or has maintained an account. Authorizes the court or magistrate judge to issue the order upon finding that: (1) such information is necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or a person who is not a U.S. person and is an official of a foreign power, or is an agent of a foreign power and is engaging in or has engaged in international terrorism or clandestine intelligence activities that involve a violation of U.S. criminal statutes. Specifies that such an order shall not disclose that it is issued for purposes of a counterintelligence investigation. Sets forth provisions regarding CRA furnishing of identifying information respecting a consumer, court orders for disclosure of consumer reports, confidentiality, payment of fees, limits on dissemination, reporting requirements, damages and disciplinary actions for violations (with a good faith exception), and injunctive relief. (Sec. 303) Amends the Federal criminal code to authorize a court or magistrate judge, upon application of the FBI Director, to issue an order ex parte directing any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to furnish any records in its possession to the FBI. Directs the court or magistrate judge to issue the order upon finding that such records are sought for foreign counterintelligence purposes and that there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power and is engaging or has engaged in international terrorism or clandestine intelligence activities that involve or may involve a violation of U.S. criminal statutes. Specifies that such an order shall not disclose that it is issued for purposes of a counterintelligence investigation. Sets forth provisions regarding limits on, and penalties for, disclosure. (Sec. 304) Requires the Attorney General to conduct a study concerning: (1) the tagging of explosive materials for purposes of detection and identification; (2) technology for devices to improve the detection of explosives materials; (3) whether common chemicals used to manufacture explosive materials can be rendered inert and whether it is feasible to require it; and (4) whether controls can be imposed on certain precursor chemicals used to manufacture explosive materials and whether it is feasible to require it. (Sec. 305) Makes the statutory exclusionary rule concerning intercepted wire or oral communications inapplicable to the disclosure by the United States in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication or evidence derived therefrom if any law enforcement officers who intercepted the communication or gathered the evidence acted with the reasonably objective belief that their actions were in compliance with Federal criminal code provisions. (Sec. 307) Sets forth provisions regarding: (1) access to telephone billing records by law enforcement agencies (including provision for a civil remedy and disciplinary action for violations); and (2) a requirement for providers of wire or electronic communication services to preserve record evidence. (Sec. 309) Provides that, except for good cause, a continuance on motion of the person in a detention hearing may not exceed five days and a continuance on motion of the attorney for the Government may not exceed three days (as under current law), not including any intermediate Saturday, Sunday, or legal holiday. (Sec. 310) Repeals Federal criminal code provisions regarding rewards. Authorizes the Attorney General to pay rewards and receive from any department or agency funds for the payment of rewards to any individual who provides any information unknown to the Government leading to the arrest or prosecution of any individual for Federal felony offenses. Requires the Attorney General to give notice to the Senate and House of Representatives if the reward exceeds $100,000. Specifies that the Attorney General's decision whether to authorize an award shall not be subject to judicial review. Sets forth provisions regarding protection of the identity of the recipient of a reward or of the members of the recipient's immediate family. Bars any officer or employee of any governmental entity from receiving a reward for conduct in performance of official duties. Permits the participation of any individual (and his or her immediate family) who furnishes information which would justify a reward, at the Attorney General's discretion, in the witness security program. (Sec. 311) Authorizes the Attorney General to prohibit: (1) vehicles from parking or standing on any street or roadway adjacent to any building in the District of Columbia which is wholly or partly owned, possessed, used by, or leased to the Federal Government and used by Federal law enforcement authorities; and (2) any person or entity from conducting business on any property immediately adjacent to any such building. (Sec. 312) Directs the Attorney General to study and report to the Congress on the extent of thefts from military arsenals of firearms, explosives, and other materials that are potentially useful to terrorists. Title IV: Nuclear Materials - Amends the Federal criminal code to expand the scope of provisions regarding prohibited transactions involving nuclear materials (for example, to include nuclear byproduct material) and the jurisdictional bases (such as to cover a situation where an offender or a victim is a U.S. national or a U.S. corporation or other legal entity). Title V: Convention on the Marking of Plastic Explosives - Amends the Federal criminal code to prohibit (with exceptions) the manufacture, importation, exportation, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent. Prohibits any person (other than a U.S. agency or the National Guard of any State) possessing any plastic explosive on the effective date of this title, from failing to report to the Secretary of the Treasury the quantity of such explosives possessed, the manufacturer or importer, any identification marks, and such other information as the Secretary may prescribe. (Sec. 503) Sets forth: (1) penalties for violations of this title; and (2) affirmative defenses. Title VI: Immigration-Related Provisions - Subtitle A: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Immigration and Nationality Act (INA) to establish procedures for the removal of alien terrorists. Requires the Chief Justice of the United States to publicly designate five district court judges to constitute a court with jurisdiction to conduct all special removal proceedings. Makes provisions of the Foreign Intelligence Surveillance Act of 1978 applicable to proceedings under this title. Directs the special removal court to provide for the designation of a panel of attorneys, each of whom has a security clearance and has agreed to represent permanent resident aliens with respect to classified information. Sets forth provisions regarding: (1) applications for initiation of a special removal proceeding; (2) consideration of the applications; (3) the conduct of special removal hearings, including provision for a public hearing, the right of aliens to counsel, rules of evidence, and the burden of proof; (4) consideration of classified information; (5) appeals; and (6) detention and custody, including criminal penalties for reentry of alien terrorists and elimination of custody review by habeas corpus. (Sec. 602) Authorizes appropriations to the Immigration and Naturalization Service for the purpose of detaining and deporting alien terrorists. Part 2: Exclusion and Denial of Asylum for Alien Terrorists - Makes membership in a terrorist organization a ground for exclusion. Defines "terrorist organization" as a foreign organization designated in the Federal Register as a terrorist organization by the Secretary of State, in consultation with the Attorney General, based upon a finding that the organization engages in, or has engaged in, terrorist activity that threatens U.S. national security. Sets forth provisions regarding the process for making such a designation, judicial review, the authority of the Congress and such Secretary to remove the designation, and sunset provisions. (Sec. 612) Denies asylum to alien terrorists. Denies other specified relief for alien terrorists. Subtitle B: Expedited Exclusion - Authorizes the examining immigration officer, upon determining that an alien seeking entry is excludable under specified provisions (with respect to misrepresentation or insufficient documentation) and does not indicate either an intention to apply for asylum or a fear of persecution, to order the alien excluded from the United States without further hearing or review. Directs the Attorney General to promulgate regulations to provide for the immediate review by a supervisory asylum office at the port of entry of a determination that an alien does not have a credible fear of persecution. (Sec. 622) Sets forth provisions regarding: (1) limits on judicial review, including preclusion of collateral attacks on the validity of orders of exclusion, special exclusion, or deportation pursuant to this title; and (2) exclusion of aliens who have not been inspected and admitted. Subtitle C: Improved Information and Processing - Part 1: Immigration Procedures - Allows the Attorney General (and, in some cases, an employee or official of the Department of Justice) to authorize an application to a Federal court of competent jurisdiction for, and allows a judge of such court to grant, an order authorizing disclosure of information contained in an alien's application for adjustment of status under the legalization program or under the special agricultural worker program for: (1) identification of an alien believed to have been killed or severely incapacitated; or (2) criminal law enforcement purposes against the alien if the alleged criminal activity occurred after the application was filed and such activity involves terrorist activity or poses an immediate risk to life or national security or would be prosecutable as an aggravated felony, without regard to the length of sentence that could be imposed on the applicant. (Sec. 632) Authorizes the Secretary of State to waive the application of provisions regarding notice of denial of visa applications in the case of a particular alien or any class or classes of aliens excludable on criminal or security and related grounds. Part 2: Asset Forfeiture for Passport and Visa Offenses - Amends the Federal criminal code to provide for: (1) criminal forfeiture for passport and visa related offenses; and (2) subpoenas for bank records for specified offenses, such as for fraud and related activity in connection with identification documents. Subtitle D: Employee Verification by Security Services Companies - Makes provisions prohibiting potential employers of foreign nationals from requesting additional or different documentation inapplicable to a request made in connection with an individual seeking employment in a company engaged in the business of providing security services to protect persons, institutions, buildings, or other possible targets of terrorism. Subtitle E: Criminal Alien Deportation Improvements - Criminal Alien Deportation Improvements Act of 1995 - Amends the INA, as amended by the Immigration and Nationality Technical Corrections Act of 1994, to expand the definition of "aggravated felony." (Sec. 663) Subjects a conditional permanent resident alien convicted of an aggravated felony to expedited deportation. (Sec. 664) 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. 665) Limits collateral attacks on deportation orders. (Sec. 666) Amends the Violent Crime Control and Law Enforcement Act of 1994 (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. 667) Amends the Federal criminal code to: (1) bring certain alien smuggling-related crimes under the purview of the Racketeer Influenced and Corrupt Organizations Act; and (2) authorize wiretaps for alien smuggling investigations. (Sec. 669) Amends the INA to expand the criteria for deportation for crimes of moral turpitude. (Sec. 670) Makes local governments eligible for specified alien incarceration reimbursement assistance under the VCCLEA. (Sec. 671) Amends the INA to permit the use of electronic and telephonic media in deportation hearings. (Sec. 673) Directs the Secretary of State and the Attorney General to report on the effectiveness of the Prisoners Transfer Treaty with Mexico. (Sec. 674) Directs the Attorney General to designate a Department of Justice office which shall provide State and local entities with technical and prosecutorial assistance with respect to aliens who flee prosecution for crimes committed in the United States. (Sec. 675) 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. 676) Directs the Attorney General and the Commissioner of Immigration and Naturalization to develop an interior (home country) repatriation program. (Sec. 677) Amends the INA to authorize deportation of nonviolent offenders prior to Federal or State sentence completion. Title VII: Authorization and Funding - Authorizes the Attorney General to award grants to provide specialized training or equipment to enhance the capability of metropolitan fire and emergency service departments to respond to terrorist attacks. Authorizes appropriations for FY 1996. (Sec. 702) Authorizes appropriations for FY 1996 and 1997 to the President to provide to foreign countries facing an imminent danger of terrorist attack that threatens the U.S. national interest or puts U.S. nationals at risk assistance in: (1) obtaining explosive detection devices and other counter-terrorism technology; and (2) conducting research and development projects on such technology. (Sec. 703) Authorizes appropriations to the NIJ Science and Technology Office to: (1) develop technologies that can be used to combat terrorism and standards to ensure the adequacy of products produced and compatibility with relevant national systems; and (2) identify and assess requirements for technologies to assist State and local law enforcement in the national program to combat terrorism. Title VIII: Miscellaneous - Directs the Secretary of the Treasury to study State and report to the Congress on licensing requirements for the purchase and use of commercial high explosives. (Sec. 802) Amends the Victims of Crime Act of 1984 to provide for the compensation of victims of terrorism. (Sec. 803) Amends the Federal judicial code to make an exception to foreign sovereign immunity in certain cases in which money damages are sought against a foreign state for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act, where undertaken by an official, employee, or agent of a foreign country while acting within the scope of his office, employment, or agency. Makes an exception to immunity from attachment where the judgement relates to a claim for which the foreign state is not immune under such provision, regardless of whether the property is or was involved with the act upon which the claim is based. (Sec. 804) Directs the Attorney General to conduct a study, and report to the Congress, concerning: (1) the extent to which there is available to the public material that instructs how to make bombs, destructive devices, and weapons of mass destruction, and the extent to which information gained from such material has been used in incidents of domestic and international terrorism; (2) the likelihood that such information may be used in future terrorism incidents; and (3) the application of existing Federal laws to such material, any need and utility for additional laws, and an assessment of the extent to which the First Amendment protects such material and its private and commercial distribution. (Sec. 805) Directs the Attorney General to: (1) acquire data for the calendar year 1990 and each succeeding calendar year about crimes and incidents of threats and acts of violence against Federal, State, and local government employees in performance of their lawful duties; (2) establish guidelines for the collection of such data; and (3) publish an annual summary of the data, which shall otherwise be used only for research and statistical purposes. Specifies that the United States Secret Service is not required to participate in any statistical reporting activity regarding any threats made against any individual for whom the Service is authorized to provide protection. (Sec. 806) 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. Specifies 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 related proceedings. 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 and other assets, projected earnings and other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender and shall direct the offender to give appropriate notice to victims and other persons in cases where there are multiple victims or other persons who may receive restitution and 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 to the victim or another person or organization. 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 among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) more than one victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment in accordance with this section. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. Title IX: Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 902) Specifies that: (1) there shall be no right of appeal from a final order in a habeas corpus proceeding; and (2) unless a circuit justice or judge issues a certificate of appealability, any appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State or Federal court. Permits such certificate to issue only if the applicant has made a substantial showing of the denial of a constitutional right. (Sec. 904) Provides that if the applicant has failed to develop the factual basis of a claim in State court proceedings, the Federal court shall not hold an evidentiary hearing on the claim unless: (1) the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable or on a factual predicate that could not have been previously discovered through the exercise of due diligence; and (2) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. (Sec. 905) Sets forth provisions regarding limitations on second or successive applications. (Sec. 907) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of an application for habeas corpus brought in a capital case not later than 180 days after the date on which the application is filed; and (2) a court of appeals to hear and render a final determination of any appeal of an order granting or denying such petition within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition or other request for rehearing en banc within 30 days after the date on which the petition for rehearing is filed. Requires the Administrative Office of United States Courts to submit to the Congress an annual report on the compliance by the courts of appeals with the time limitations under this section. (Sec. 908) Amends the Controlled Substances Act to allow the court, upon a finding that investigative, expert, or other services are reasonably necessary for the representation of a defendant in a criminal action in which a defendant is charged with a crime which may be punishable by death and in certain post-conviction proceedings, to authorize the defendant's attorneys to obtain such services on behalf of the defendant and order the payment of fees and expenses. Prohibits any ex parte proceeding, communication, or request (proceeding) from being considered unless a proper showing is made concerning the need for confidentiality. Requires that any such proceeding be transcribed and made a part of the record available for appellate review.
United States · United States Congress · 29 November 1995
Genetic Privacy and Nondiscrimination Act of 1995 - Establishes limitations with respect to the disclosure and use of genetic information. Prohibits disclosure of genetic information about an individual unless specifically authorized by the individual involved, or the individual's legal representative, through a written authorization which includes a description of the information being disclosed, the name of the individual or entity to whom the disclosure is being made, and the purpose of the disclosure. Allows such a disclosure if it is: (1) authorized under Federal or State criminal laws relating to the identification of individuals, or as is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; (2) required under the specific order of a Federal or State court; (3) authorized under Federal or State law for the purpose of establishing paternity; (4) intended to furnish genetic information relating to a decedent to the decedent's blood relatives for the purpose of medical diagnosis; or (5) intended for the identification of bodies. (Sec. 5) Prohibits any employer from seeking to obtain, obtaining, or using the genetic information of an employee or a prospective employee, or requiring a genetic test of an employee or prospective employee, to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to the employee or prospective employee. Provides for enforcement of such prohibition through the same powers, procedures, and remedies that are provided to a person alleging a violation under specified provisions of the Civil Rights Act of 1964. (Sec. 6) Prohibits an insurer offering health insurance from using genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, or otherwise affect health insurance. Requires, if an insurer requests that an insurance applicant (other than a health insurance applicant) take a genetic test, that: (1) the use of the results of such test be disclosed to the applicant; and (2) the insurer obtain the applicant's specific written authorization for such disclosure. Prohibits an insurer from using such a genetic test as an inducement for the purchase of insurance. (Sec. 7) Directs the National Bioethics Advisory Commission to report to the appropriate congressional committees its recommendations on the development and implementation of appropriate standards: (1) to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) for the acquisition and retention of genetic information in all settings, including appropriate exceptions.
United States · United States Congress · 29 November 1995
Anti-Car Theft Improvements Act of 1995 - Revises provisions regarding the National Automobile Title Information System (NATIS) to: (1) define "motor vehicle" to have the same meaning as "passenger motor vehicle"; and (2) redefine "operator" to mean the individual or entity authorized or designated as the operator of the NATIS, the National Stolen Passenger Motor Vehicle Information System (NSPMVIS), or the Attorney General. Makes the Attorney General (currently, the Secretary of Transportation) responsible for carrying out specified functions with respect to NATIS. Directs the Attorney General, no later than: (1) October 1, 1997, to establish a NATIS that will provide specified individuals and entities with instant and reliable access to information maintained by the States relating to motor vehicle titling; and (2) October 1, 1998, to report to the Congress on which States have met requirements with respect to NATIS. Grants immunity from any civil action seeking money damages or equitable relief in any Federal or State court for any person performing activities, in good faith and with the reasonable belief that such activities were in accordance with Federal provisions, relating to NATIS and NSPMVIS. Authorizes the Attorney General to make grants to participating States to be used in making titling information available to the operator. Authorizes appropriations to carry out provisions regarding State participation in NATIS.
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
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) 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.
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
United States Marshals Service Improvement Act of 1995 - Amends the Federal judicial code to provide for the appointment of U.S. marshals for each judicial district of the United States and for the Superior Court of the District of Columbia by the Director of the United States Marshals Service (currrently, by the President). Requires U.S. marshals to be appointed subject to Federal law governing appointments in the competitive civil service and to be paid in accordance with specified Federal provisions regarding classification and pay rates. Repeals provisions regarding term of office and vacancies. Sets forth transitional provisions.
United States · United States Congress · 15 November 1995
Constitutional Amendment - Declares that: (1) neither the United States nor any State shall deny benefits to or otherwise discriminate against any private person or group on account of religious expression, belief, or identity; and (2) the prohibition on laws respecting an establishment of religion shall not be construed to require such discrimination.
United States · United States Congress · 9 November 1995
Bankruptcy Judgeship Act of 1995 - Amends the Federal judicial code to increase the number of permanent bankruptcy judges in the central district of California and the district of Maryland. Provides for additional appointments of temporary bankruptcy judgeships in Florida, Michigan, New Jersey, New York, and Pennsylvania.
United States · United States Congress · 9 November 1995
Veterans' Memorials Protection Act of 1995 - Amends the Federal criminal code to provide penalties for individuals who willfully injure or commit any degradation against any structure on public property commemorating the service of U.S. military personnel.
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 · 30 October 1995
Expresses the sense of the House of Representatives that: (1) in the negotiation of any peace agreement between the parties to the conflict in the Republic of Bosnia and Herzegovina, there should not be a presumption, and it should not be considered to be a prerequisite to the successful conclusion of such a negotiation, that enforcement of such agreement will involve deployment of U.S. armed forces on the ground in the territory of the Republic; and (2) no U.S. armed forces should be deployed on the ground in such territory to enforce a peace agreement until the Congress has approved the deployment.
United States · United States Congress · 26 October 1995
Criminal Law Technical Amendments Act of 1995 - Makes clerical and technical amendments to the Federal criminal code, the Brady Handgun Violence Prevention Act, the Violent Crime Control and Law Enforcement Act of 1994, and the Juvenile Justice and Delinquency Prevention Act of 1974.
United States · United States Congress · 24 October 1995
Charitable Gift Annuity Antitrust Relief Act of 1995 - Declares that it shall not be unlawful under any Federal antitrust law, or a similar State law, for two or more persons that are exempt (as a corporation or community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, educational, or other specified purposes) from taxation under the Internal Revenue Code to use, or agree to use, the same annuity rate for the purpose of issuing one or more charitable gift annuities, except where expressly provided otherwise by a State law enacted within three years after enactment of this Act.
United States · United States Congress · 19 October 1995
Anticounterfeiting Consumer Protection Act of 1995 - Makes the following predicate offenses under the Racketeer Influenced and Corrupt Organizations Act: (1) trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging, and copies of motion pictures or other audiovisual works; (2) criminal copyright infringement; (3) trafficking in goods or services bearing counterfeit marks; and (4) interstate transportation of stolen property. (Sec. 3) Extends to computer programs and computer program documentation and packaging existing prohibitions and penalties applicable to trafficking in counterfeit labels affixed or designed to be affixed to phonorecords or copies of a motion picture or other audiovisual work. (Sec. 4) Requires the Attorney General to include in a report to the Congress, on a district by district basis, certain information on investigations, referred cases, and outcomes of prosecutions relating to criminal counterfeiting actions involving trafficking in counterfeit labels, criminal copyright infringement, and trafficking in goods or services bearing counterfeit marks. (Sec. 5) Amends the Lanham Act to: (1) authorize a court to order the seizure of an aircraft, vehicle, or vessel used in connection with a violation of such Act; (2) direct the court to order that service of a copy of an order with respect to the seizure of counterfeit goods be made by a Federal, State, or local law enforcement officer; (3) require that any merchandise bearing a counterfeit mark imported into the United States in violation of such Act be seized by the appropriate Federal official and, in the absence of the written consent of the trademark owner, forfeited; (4) set civil penalties for anyone who directs, assists, or is in any way concerned in the importation of merchandise for sale or public distribution that is seized; (5) permit the plaintiff, in a case involving the use of a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services, to recover, instead of actual damages and profits, an award of statutory damages, as specified; and (6) entitle the owner, registrant, or authorized user of a trademark registered under such Act, and any authorized agent or representative thereof, to obtain from the appropriate Federal officers in a timely manner specified information contained in a vessel or aircraft manifest; and (7) require that documentation relating to the entry into the United States of imported merchandise contain such information as necessary to determine whether the merchandise bears an infringing trademark. (Sec. 8) Repeals a provision allowing forfeited articles that are excluded from importation under Federal copyright law to be refunded to the country of export whenever it is shown that the importer had no reasonable grounds for believing that his or her acts constituted a violation of law.
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
Defend America Act of 1995 - Directs the President to give notice to the Russian Federation of the U.S. intention to withdraw from the Anti-Ballistic Missile Treaty, as permitted under Treaty articles. Directs the Secretary of Defense to conduct at least one of the following: (1) a test of an anti-ballistic missile interceptor that is based in space; (2) a test of a sensor in space capable of providing data directly to an anti-ballistic missile interceptor; or (3) a test of an existing air defense system, theater missile defense system, or early warning system to demonstrate its capability to counter strategic ballistic missiles or their elements in flight trajectory. Provides test funding from funds currently available to the Ballistic Missile Defense Organization.
United States · United States Congress · 11 October 1995
Iran Foreign Oil Sanctions Act of 1995 - Directs the President to impose certain twelve-month economic sanctions against foreign persons who, with requisite knowledge, export goods or technology that would contribute to Iran's ability to extract, refine, produce, store, or transport petroleum or natural gas products. Waives the requirements of this Act if the President certifies to the appropriate congressional committees that Iran has: (1) substantially improved its adherence to internationally recognized standards of human rights; (2) ceased its efforts to develop or acquire a nuclear explosive device, chemical or biological weapons, or missiles or related delivery systems; and (3) ceased support for acts of international terrorism. Sets forth additional criteria for such a waiver. Directs the President to establish a List of Petroleum and Natural Gas-Related Goods and Technology which shall be subject to the export control restrictions of this Act. Requires the President to report periodically to the appropriate congressional committees on Iran's: (1) nuclear and other military capabilities; and (2) support, if any, for acts of international terrorism.
United States · United States Congress · 29 September 1995
Economic Growth and Price Stability Act of 1995 - Amends the Federal Reserve Act to repeal the mandate of the Board of Governors of the Federal Reserve System and the Federal Open Market Committee to maintain long run growth of monetary and credit aggregates in order to promote maximum employment, stable prices, and moderate long-term interest rates. Replaces such mandate with a mandate to: (1) establish an explicit numerical definition of "price stability"; and (2) maintain a monetary policy that effectively promotes long-term price stability. Repeals the mandate of the Board and the Committee to report biannually to the Congress on national economic trends, taking into account unemployment, investment and productivity. Replaces such mandate with a mandate to consult semiannually with the Congress and report on their plans and the time required to achieve price stability. Repeals the Full Employment and Balanced Growth Act of 1978 (Humphrey-Hawkins Act). Amends the Employment Act of 1946 and the Congressional Budget Act of 1974 to reflect the provisions of this Act.
United States · United States Congress · 29 September 1995
State Infrastructure Banks Act of 1995 - Grants the consent of the Congress to the States to establish State infrastructure banks, and to enter into interstate compacts establishing such banks to promote regional or multi-State investment in transportation infrastructure and thereby improve economic activity. Authorizes a State or State infrastructure bank to make loans, issue debt, and provide other assistance to public and private entities constructing transportation projects, programs, or activities that are eligible to receive assistance under specified Federal provisions. Sets forth provisions regarding: (1) the forms of State infrastructure bank assistance; and (2) State infrastructure bank requirements.
United States · United States Congress · 28 September 1995
Open Campus Police Logs Act of 1995 - Amends the Higher Education Act of 1965 (HEA) to require any higher education institution which participates in any student aid program under HEA title IV, and which maintains a police or security department, to keep a daily log of specified information about crimes which is open to public inspection.
United States · United States Congress · 28 September 1995
DNA Identification Grants Improvement Act of 1995 - Amends the Omnibus Crime Control and Safe Streets Act to authorize appropriations for DNA identification grants.
United States · United States Congress · 28 September 1995
Amends the Internal Revenue Code to permit an executor to exclude from the value of the gross estate an amount equal to the value of the qualified real property of the decedent which is maintained in accordance with habitat conservation concerns, if the executor files a habitat conservation agreement. Provides for recapture if: (1) an owner dispenses of any interest in the property; or (2) there is a material breach or termination by an owner of any agreement with respect to such property. Permits a disposition by an owner, without recapture, if the owner (or his estate) and the transferee of the property enter into a written agreement under which the transferee agrees to: (1) assume the obligations imposed on the owner under the agreement; (2) assume liability for any tax imposed with respect to any future transfers or breaches; and (3) notify the Secretary of the Interior or of Commerce that the transferee has assumed the obligations and liabilities. Allows a tax credit in an amount equal to the applicable conservation expense amount. Limits such credit allowed to a maximum of $1,500. Provides for the carryforward of unused credit. Provides for exclusion from gross income of the amount of any grant which is: (1) made to the taxpayer for the purpose of paying qualified conservation expenses with respect to real property owned by the taxpayer; and (2) used by the taxpayer to pay such expenses.
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 · 27 September 1995
Truth in Lending Act Amendments of 1995 - Amends the Truth in Lending Act (TILA) to exclude from the determination of finance charge for any consumer credit transaction fees imposed by third party closing agents, including settlement agents, attorneys, escrow and title companies, that are neither required nor retained by the creditor (thereby exempting such fees from TILA disclosure requirements). Modifies the determination of finance charge to include borrower-paid mortgage broker fees. Exempts from the required computation of finance charge: (1) certain taxes on security instruments or evidences of indebtedness if they are a prerequisite for recordation; (2) fees for loan document preparation; and (3) appraisal fees related to pest infestations and flood hazard inspections. Instructs the Board of Governors of the Federal Reserve System to report to the Congress on statutory or regulatory changes necessary to: (1) ensure that finance charges more accurately reflect the cost of credit; and (2) address abusive refinancing practices intended to avoid rescission. (Sec.3) Permits finance charge disclosures to vary within specified accuracy tolerance limits for certain consumer credit transactions secured by real property or a dwelling. Sets disclosure accuracy guidelines for per diem interest rate disclosures on consumer credit transactions. (Sec. 4) Shields a creditor or assignee, except in certain kinds of actions, from liability in connection with disclosures of: (1) certain fees, taxes, and charges; and (2) finance charges that fall within certain statutory tolerance limits. (Sec. 5) Restricts rescission liability arising from the form of written notice used by the creditor. (Sec. 6) Provides for damages ranging from $200 to $2,000 for an individual consumer credit transaction not under an open end credit plan that is secured by real property or a dwelling. (Sec. 7) Modifies assignee liability guidelines to: (1) apply them to consumer credit transactions secured by real property; and (2) provide that a violation is apparent on the face of the disclosure statement if the disclosure does not use the format required by law. States that the servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of an obligation unless the servicer owns it. (Sec. 8) Identifies circumstances under which a consumer has a right to rescind a consumer credit transaction after the initiation of any judicial or nonjudicial foreclosure process on the consumer's primary dwelling securing the debt.
United States · United States Congress · 19 September 1995
Revises Federal criminal code provisions regarding implementation of a sentence of death to require that: (1) a person sentenced to death be committed to the custody of the Attorney General; (2) the death sentence be implemented pursuant to regulations prescribed by the Attorney General; and (3) a U.S. marshal charged with supervising the implementation of a sentence of death use the appropriate Federal facilities for such purpose.
United States · United States Congress · 19 September 1995
TABLE OF CONTENTS: Title I: Bank Insurance Fund and Savings Association Insurance Fund Title II: Status of Banks and Savings Associations Title III: Transfer of Functions, Personnel, and Property Title IV: Loan Loss Reserve Treatment Thrift Charter Conversion Act of 1995 - Title I: Bank Insurance Fund and Savings Association Insurance Fund - Amends the Federal Deposit Insurance Act (FDIA) to prescribe guidelines for the imposition of a single additional special assessment on each member of the Savings Association Insurance Fund (SAIF) and the Bank Insurance Fund (BIF), for deposit into the SAIF. (Sec. 102) Amends the Federal Home Loan Bank Act to make conforming amendments to the assessment authority of the Financing Corporation (FICO), extending FICO assessments to all depository institutions insured by the Federal Deposit Insurance Corporation (FDIC). Amends the FDIA to declare that assessment rates for SAIF members may not be less than assessment rates for BIF members. Amends the FDIA to: (1) repeal its exit moratorium and conversion (Oakar) provisions; (2) replace the BIF with a deposit insurance fund initially consisting of the merged assets and liabilities of the BIF and SAIF; (3) direct the FDIC to merge the BIF and SAIF into the deposit insurance fund by January 1, 1998; and (4) establish in the new deposit insurance fund a special emergency reserve. (Sec. 104) Prescribes procedural guidelines with respect to the refund of amounts in a deposit insurance fund in excess of the designated reserve amount. (Sec. 105) Prohibits the FDIC Board of Directors from setting semi-annual assessments in excess of the amount needed to maintain or achieve the designated reserve ratio of a deposit insurance fund. Title II: Status of Banks and Savings Associations - Prescribes procedural guidelines for the termination of Federal savings association charters and their conversion into national bank charters or State depository institution charters. Prohibits the Director of the Office of Thrift Supervision from granting any charter for a Federal savings association. Amends the FDIA to treat State Savings Associations as banks for purposes of Federal banking law. (Sec. 202) Amends the Bank Holding Company Act of 1956 to permit continuation of grandfathered bank holding company activities and affiliations. (Sec. 203) Sets forth transition provisions for: (1) activities of savings associations and mutual savings associations which have converted into or become treated as banks; and (2) registration of bank holding companies resulting from conversions of savings associations to banks or treatment of savings associations as banks. (Sec. 208) Repeals the Home Owners' Loan Act. Title III: Transfer of Functions, Personnel, and Property - Abolishes the Office of Thrift Supervision and the position of Director of such Office. Transfers its functions, personnel, and property to the Office of the Comptroller of the Currency, the FDIC, or the Board of Governors of the Federal Reserve System. Title IV: Loan Loss Reserve Treatment - Amends the Internal Revenue Code to repeal the special thrift bad debt reserve method.
United States · United States Congress · 19 September 1995
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 products or services to private, nonprofit organizations or to State or local governments free of charge or at minimal cost. Requires such products to be constructed through the use of scrap or waste materials that constitute excess property and such services to be used only for the benefit of the recipient. Prohibits such products from being resold or such services from displacing or resulting in a reduction in hours, wages, or employment benefits of any employee of the recipient. Prohibits the provision of goods or services by a Federal penal or correctional facility if such provision would reduce the number of inmates employed at any Federal Prison Industries operations at that facility.
![Official portrait of Rep. McCollum, Bill [R-FL-8]](https://www.congress.gov/img/member/m000350_200.jpg)