United States · United States Congress · 14 March 1995
Expresses the sense of the Congress that: (1) those living in areas at high risk to natural disasters should assume more responsibility for such risk through appropriate insurance; (2) disaster mitigation programs should be encouraged and enhanced at the State and local level; (3) insurers should create a privately funded pooling mechanism for the spreading of disaster risk; and (4) a fundamental overhaul of Federal disaster policies should be undertaken to reduce taxpayer costs and encourage more effective partnerships between the private sector and Government in anticipation of future catastrophes.
United States · United States Congress · 10 March 1995
Amends the Federal Election Campaign Act of 1971 to: (1) reduce certain Federal election contribution limits; and (2) limit contributions in House of Representatives elections from persons other than individual in-State residents.
United States · United States Congress · 9 March 1995
Professional Boxing Safety Act - Allows a professional boxing match to be held in the United States only if: (1) the State where the match is to be held has a State boxing commission or the promoter who seeks to put on a boxing event in a State that does not have a commission has entered into an agreement with the chief administrative officer of a State that does to oversee the match; and (2) the commission has established procedures to carry out this Act. Requires each professional boxer to register with the commission of the State in which such boxer resides or, in the case of a boxer who is a resident of a foreign country or a State in which there is no such commission, the commission of any State that has a commission. Directs a commission to issue to each professional boxer who registers in accordance with such provisions an identification card that contains: (1) a recent photograph of the boxer; (2) the social security number of the boxer (or, in the case of a foreign boxer, any similar citizen identification number or professional boxer number from the boxer's country of residence); and (3) the personal identification numbers assigned to the boxer by the boxing registries certified by the Association of Boxing Commissioners. Requires each professional boxer to: (1) renew his or her identification card at least once every three years; and (2) present such card to the commission not later than the time of the weigh-in for a professional boxing match. Declares that nothing in this Act shall prevent States from applying additional registration requirements. Directs each commission to establish procedures to: (1) evaluate the professional records of each boxer participating in a match in the State; (2) ensure that no boxer is permitted to box while under suspension from any commission due to injury or other medical-related reason, including a recent knockout, injury, or requirement for a medical procedure, failure of a drug test, poor boxing skills or inability to compete safely, the use of false aliases, or falsifying or attempting to falsify official identification cards or documents; and (3) ensure that if such commission is considering permitting a boxer, promoter, manager, or other licensee to participate in a boxing event while the individual is under suspension from any State for reasons other than those stated above, such commission shall notify and consult with the chief administrative officer of the State that ordered the suspension prior to approving such participation. Requires the results of a match and the suspension of a boxer, promoter, or manager ordered by a commission to be reported to the professional boxing registries certified by the Association of Boxing Commissions and to the Florida State Athletic Commission within 48 business hours. Specifies that if the State of Florida ceases to publish and circulate a national suspension list at no cost to other States on a frequent basis, the Association shall select a different public or private entity to voluntarily undertake to compile and circulate a suspension list to all commissions at no cost. Authorizes the U.S. Attorney to bring a civil action in U.S. district court requesting relief to restrain a person or entity from continuing to engage in, or to sanction, a match in violation of this Act. Imposes criminal penalties on each manager, promoter, matchmaker (i.e., a person or business that proposes, selects, and arranges the boxers to participate in a professional boxing event), and licensee who knowingly and willfully violates this Act.
United States · United States Congress · 8 March 1995
Amends the Internal Revenue Code to declare that unrelated trade or business does not include the activity of soliciting and receiving qualified sponsorship payments for purposes of the tax on unrelated business income of charitable and other tax-exempt organizations.
United States · United States Congress · 7 March 1995
Amends the Federal criminal code to provide that if retaliation against a witness, victim, or informant occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
United States · United States Congress · 7 March 1995
Amends the Federal criminal code to provide that if an offense under provisions regarding influencing or injuring an officer or juror occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
United States · United States Congress · 7 March 1995
Amends the Federal criminal code to provide that if an offense of tampering with a witness, victim, or informant occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
United States · United States Congress · 3 March 1995
Medical Procedures Innovation and Affordability Act - Prohibits the issuance of a patent for any invention or discovery of a technique, method, or process for performing a surgical or medical procedure, administering a surgical or medical therapy, or making a medical diagnosis. Provides that if a technique, method, or process is performed by or as a necessary component of a machine, manufacture, or composition of matter or improvement which is itself patentable subject matter, the patent on such machine, manufacture, or composition may claim the technique, method, or process.
United States · United States Congress · 2 March 1995
Provides that, in the administration of the child labor provisions of the Fair Labor Standards Act of 1938, minors under age 18 shall be permitted to load materials into balers or compactors that meet specified safety standards of the American National Standards Institute.
United States · United States Congress · 28 February 1995
Local Governments Flow Control Act of 1995 - Amends the Solid Waste Disposal Act to authorize States and political subdivisions to exercise flow control authority if, before May 15, 1994, such States or political subdivisions adopted a flow control measure that: (1) required the delivery of flow controllable solid waste to a proposed or existing waste management facility; or (2) identified waste management methods necessary for the transportation, management, or disposal of such waste and committed to designate a facility for such methods. Authorizes States and political subdivisions to exercise such authority over voluntarily relinquished recyclable materials generated within their boundaries. Considers flow control measures that implement such authority and contracts that authorize the collection, transportation, or disposal of flow controllable solid waste (but do not involve such authority) to be a reasonable regulation of commerce. Permits such authority with respect to recyclable materials only if: (1) the generator or owner of the materials voluntarily made the materials available to the State or subdivision and relinquished any rights to, or ownership of, such materials; (2) the State or subdivision assumes such rights or ownership; and (3) the State or subdivision complies with requirements to separate or divert recyclable materials for recycling, reclamation, or reuse. Establishes additional conditions on the exercise of flow control authority, including requirements that such authority is necessary to meet current or anticipated waste management needs, such authority is limited to specified waste categories, and revenues derived from the exercise of such authority are devoted primarily to solid waste management services. Permits States and subdivisions to designate a waste management facility only if they implement a competitive designation process. Retains the applicability of certain existing laws and contracts and considers such laws and contracts to be a reasonable regulation of commerce.
United States · United States Congress · 28 February 1995
Travel and Tourism Relief Act of 1995 - Amends the Internal Revenue Code to provide that qualified travel agents shall not be treated as employees for purposes of employment taxes. Increases the deduction for business meals and entertainment from 50 percent to 80 percent of allowable expenses. Repeals the scheduled increase in the rate of tax on fuel used in commercial aviation. Allows an itemized deduction for expenses incurred in promoting tourism to the United States by non-U.S. residents. Allows a tax deduction for the attendance at conventions on foreign-flagged cruise ships.
United States · United States Congress · 27 February 1995
Securities Litigation Reform Act - Amends the Securities Exchange Act of 1934, with respect to class actions, to require a court-appointed class action steering committee, composed of class members, to direct counsel for the plaintiff class (plaintiff steering committee). (Sec. 2) Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds. (Sec. 3) Declares that the portion of any final judgment or settlement awarded to class plaintiffs serving as the representative parties shall be equal (on a per share basis) to the portion of the final judgment awarded to all other members of the class. Revises the guidelines for private class action suits to: (1) restrict to five the number of class actions filed by a named plaintiff during any three-year period; (2) subject a losing party litigant, if certain conditions apply, to liability for the prevailing party's legal fees; and (3) require the court to make a conflict of interest determination with respect to a plaintiff's counsel who directly owns or has a beneficial interest in the securities that are the subject of the litigation. Requires a court to require just and equitable security for the payment of awardable fees and expenses from the attorney for the plaintiff class, the plaintiff class, or both. Sets forth disclosure guidelines for any proposed settlement agreement that is disseminated to the plaintiff class, including: (1) a statement about agreement or disagreement on the amount of recoverable damages per share and the likelihood of the plaintiff's prevailing; (2) the amount of legal costs and fees sought as part of the settlement; and (3) the identification of lawyers' representatives who will be available to answer questions from class members. Revises the guidelines for private class action suits to: (1) mandate discharge of a defendant who settles before verdict or judgment from all claims for contribution by nonsettling persons; (2) provide for recovery of contribution by a person who becomes liable for damages from certain non-parties who would have been liable for the same damages, if joined in the original suit; and (3) grant defendants the right to submit to the jury written interrogatories on the issue of each defendant's state of mind (scienter) at the time the alleged violation occurred. Prohibits brokers or dealers from soliciting or accepting referral fees for assisting an attorney in obtaining the representation of a customer in any private action. (Sec. 4) Delineates the requirements for securities fraud actions, including: (1) explicit pleading and proof of scienter; (2) plaintiff's reliance on a material misstatement or omission that proximately caused the plaintiff's loss; and (3) limitations on damages. (Sec. 5) Defines the circumstances ("safe harbor") in which a person shall not be held liable for the publication of predictive statements in any action based on a fraudulent statement under this Act. Permits the defendant in such action to move for an automatic protective order to restrict all discovery to the specific issue of the applicability of the "safe harbor." Directs the Commission to adopt a regulatory framework to implement the "safe harbor" requirements of this Act with respect to predictive statements concerning the future economic performance of an issuer of securities.
United States · United States Congress · 23 February 1995
Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Integrated Spent Nuclear Fuel Management Act of 1995. (Sec. 1) Instructs the Secretary of Energy (the Secretary) to accept spent nuclear fuel and high-level radioactive waste by not later than January 31, 1998. Entitles contract holders to specified remedies for the Secretary's failure to meet service contract obligations, or to accept spent nuclear fuel and high-level radioactive waste as mandated under this Act. States that the Nuclear Waste Fund shall fund the execution of service contract and implementation of the Secretary's responsibilities, including the acceptance of spent nuclear fuel and high-level radioactive waste at contract holder sites and transporting such fuel or waste to a private storage facility. Establishes an integrated spent nuclear fuel management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Prescribes procedural guidelines for the use of: (1) railroads; (2) transportation planning and requirements; (3) multi-purpose canister systems; (4) interim storage facilities; (5) permanent disposal; (6) land withdrawal; and (7) private storage facilities. Prescribes consultation and assistance guidelines between the Secretary and the State of Nevada. Prescribes budget priorities for purposes of annual requests for appropriations from the Waste Fund. Prescribes a fee schedule for electricity and nuclear fuel used to generate electricity in a civilian nuclear power reactor. Sets forth advance contract prerequisites for utilization or production facility license renewals. Reestablishes the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) establish by rule the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Subjects the Secretary to all Federal, State, and local environmental or land use laws and regulations, with specified exceptions. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Provides that upon a contract holder's request, the Secretary shall take title to or possession of spent nuclear fuel or high-level radioactive waste without removing it from the contract holder's designated storage site if the Secretary cannot accept such items within the contract's acceptance schedule. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Reestablishes the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take action as necessary to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. States that the program is not subject to civil service regulations. Abolishes the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. Repeals all references to the Yucca Mountain site. Requires the Secretary to report to the Congress whether particular milestones have been reached with respect to: (1) multi-purpose canister systems; (2) land withdrawals; (3) interim storage facilities; and (4) acceptance of spent nuclear fuel from contract holders. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ on an on-going basis, integrated performance modeling regarding site characterization. (Sec. 2) Sets forth transition provisions for the continuation of: (1) contracts; (2) Nuclear Waste Fund; (3) Office of Civilian Radioactive Waste Management; and (4) Nuclear Waste Technical Review Board. (Sec. 3) Mandates that amounts in the Nuclear Waste Fund be appropriated exclusively for certain authorized purposes cited in the Nuclear Waste Policy Act of 1982. Precludes such appropriations from being taken into account for any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends such Act to provide that appropriations to the Nuclear Waste Fund are not subject to its discretionary spending limits or to a certain allocation of the Energy and Waster Development Subcommittee of the Appropriations Committee. Reduces specified discretionary spending limits under the Congressional Budget Act of 1974.
United States · United States Congress · 15 February 1995
Missing Service Personnel Act of 1995 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Directs the Secretary concerned: (1) if information becomes available on the whereabouts or status of a missing person within three years after the first official notice of the person's disappearance, to appoint a board to conduct an inquiry into such information; and (2) to appoint a board to conduct an inquiry as to the status of any missing person on or about three years after the first official notice of the disappearance of such person and not later than every three years thereafter until a total of 12 years after the first official notice. Allows certain interested persons to request the Secretary to appoint a board to review the status of a person declared dead before five years after the enactment of this Act. Limits the review subjects to those whose deaths were declared to have occurred on or after December 7, 1941. Provides for the conditions under which an appointed board may recommend that a person be declared dead. Requires the Secretary concerned to ensure that the personnel file of each person covered contains all information in possession of the Government relating to the disappearance and whereabouts or status of such person. Provides for judicial review of a person's declared status under this Act. Requires a person in a missing status or previously declared dead who is subsequently found alive to be paid for the full time of their absence. Requires the Secretary concerned, upon the enlistment of a person in an armed force, to require such person to specify in writing the individual(s) to whom information on their whereabouts or status shall be provided in the event of an investigation under this Act. Allows for revision of such choice by the enlisting individual.
United States · United States Congress · 13 February 1995
Common Sense Product Liability Reform Act - Declares that this Act governs any product liability action in State or Federal court against a manufacturer or seller, except for: (1) actions for commercial loss; (2) issues not covered by this Act; (3) actions under title XXI (Vaccines) of the Public Health Service Act; and (4) drugs and devices subject to premarket approval or generally recognized as safe and effective. (Sec. 3) Establishes seller liability if the seller failed to exercise reasonable care, made an express warranty (independent of any express manufacturer's warranty), or engaged in intentional wrongdoing as determined under State law. Declares that the seller shall not be considered to have failed to exercise reasonable care based on a failure to inspect the product where there was no reasonable opportunity to inspect. Makes the seller liable as if the seller were the manufacturer if: (1) the manufacturer is not subject to service of process under the laws of the State of the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. (Sec. 4) Makes it a complete defense for the manufacturer if the product complied with: (1) a product standard established by a Federal agency or a labeling requirement of a Federal agency, unless the manufacturer withheld information that directly relates to product harm; or (2) a voluntary product standard established by a Federal agency, absent gross negligence or maliciousness of the manufacturer. (Sec. 5) Allows: (1) manufacturer or seller liability only if the manufacturer or seller is at fault; (2) defenses of contributory negligence, comparative negligence, assumption of risk, and product alteration or misuse; and (3) several (but not joint) liability in direct proportion to the manufacturer's or seller's percentage of responsibility. (Sec. 6) Limits the amount of non-economic damages. Allows installment payments in certain circumstances. Permits limited punitive damages if allowed under State law and if the harm resulted from conduct manifesting actual malice. Requires a specified percentage of punitive damages to be deposited into the Federal or State treasury. (Sec. 7) Makes it a complete defense if the claimant, as a result of the influence of alcohol or a controlled substance, was more than 50 percent responsible for causing the event that resulted in the harm. (Sec. 8) Establishes time limits for actions, including separate limits for products that are capital goods. (Sec. 9) Allows: (1) an employer or workers' compensation insurer a right of subrogation against the manufacturer or seller; (2) the employer or insurer to participate in the action and prohibits settlements or employee acceptance of payments without employer consent; (3) a manufacturer or seller to allege that the harm was caused by the fault of the employer or a coemployee; and (4) the employer or insurer to recover attorney's fees and court costs from the manufacturer or seller. Prohibits, in an action for damages for harm covered by workers' compensation, any third party tortfeasor from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the employee. Prohibits the verdict of any court in a product liability action from being used as evidence in a workers' compensation proceeding.
United States · United States Congress · 10 February 1995
TABLE OF CONTENTS: Title I: Commemorative Coins Title II: Circulating Coins Thomas Alva Edison Sesquicentennial Commemorative Coin Act - Title I: Commemorative Coins - Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the inventions made by Thomas Alva Edison in commemoration of the sesquicentennial of his birth. Directs the Secretary to conduct an open design competition for the design of the obverse and reverse of the coins. Terminates the authority to mint such coins after December 31, 1997. Requires that certain surcharges received from coin sales be distributed to specified entities. Title II: Circulating Coins - Amends Federal law to declare that the obverse side of half-dollar coins minted between specified dates shall have the same likeness of Thomas Alva Edison as the commemorative coins minted under this Act.
United States · United States Congress · 9 February 1995
Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines.
United States · United States Congress · 8 February 1995
Ticket Fee Disclosure Act of 1995 - Prohibits any seller or reseller (including any ticket broker) of entertainment or sporting event tickets from failing to: (1) disclose to a purchaser of such a ticket, prior to purchase, any fee, charge, or assessment (other than a tax or other levy imposed pursuant to Federal, State, or local law) to be imposed in excess of the face amount of the ticket; and (2) have the amount of any such cost imprinted on the ticket or on a receipt evidencing any such ticket sale. Directs that such provision be enforced by the Federal Trade Commission (FTC) under the Federal Trade Commission Act (FTCA). Treats any violation of such provision as a violation of a rule under the FTCA regarding unfair or deceptive acts or practices. Authorizes State attorneys general to bring civil actions on behalf of their residents whenever they believe that the interests of such residents have been or are being threatened or adversely affected because of an act or practice in violation of such provision. Requires the FTC to study, and report to specified congressional committees on, the practices of persons involved in the sale and resale of entertainment and sporting event tickets.
United States · United States Congress · 1 February 1995
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 30 January 1995
Declaration of Official Language Act of 1995 - Declares English to be the official language of the U.S. Government. States that English is the preferred language of communication among U.S. citizens. Requires the U.S. Government to promote and support the use of English for communications among U.S. citizens. Requires communications by officers and employees of the U.S. Government with U.S. citizens to be in English. Directs the Immigration and Naturalization Service to : (1) enforce the established English language proficiency standard for all applicants for U.S. citizenship; and (2) conduct all naturalization ceremonies entirely in English. Allows anyone injured by a violation of such provisions to obtain appropriate relief in a civil action. Authorizes the court in any such action to allow a prevailing party, other than the U.S. Government, a reasonable attorney's fee as part of costs. Repeals the Bilingual Education Act (title VII of the Elementary and Secondary Education Act of 1965). Amends the Voting Rights Act of 1965 to repeal bilingual election ballot requirements.
United States · United States Congress · 26 January 1995
Crime Victims Restitution Act of 1995 - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to: (1) order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property, or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment in accordance with this Act. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.
United States · United States Congress · 20 January 1995
Pharmacy Compounding Preservation Act of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to make such Act inapplicable to: (1) licensed retail pharmacies that compound drugs in conformance with applicable local laws regulating the practice of pharmacy and medicine; and (2) bulk drug products intended to be used by pharmacies for compounding, except to the extent that such provisions relate directly to the purity and quality of such bulk drug products.
United States · United States Congress · 17 January 1995
United States One Dollar Coin Act of 1995 - Amends Federal currency law to prescribe the color and content of one-dollar coins. Prohibits a Federal reserve bank from placing into circulation any one-dollar Federal Reserve note after the date that the one-dollar coins are first placed in circulation. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes (except for such quantities as are required to meet collectors' needs).
United States · United States Congress · 13 January 1995
Amends the Communications Act of 1934 to repeal a provision which prohibits the granting of certain telecommunications licenses to: (1) an alien or a representative of an alien; (2) a foreign corporation; (3) a corporation of which an officer or director is an alien or more than one-fifth of the capital stock of which is owned or voted by aliens or by a foreign government or corporation; or (4) a corporation directly or indirectly controlled by another corporation of which any officer or more than one-fourth of the directors are aliens, or of which more than one-fourth of the capital stock is owned or voted by aliens or by a foreign government or corporation, if the Federal Communications Commission finds that the public interest will be served by the refusal or revocation of such license.
United States · United States Congress · 13 January 1995
Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). Repeals the Copeland Act (an Act which requires the Secretary of Labor to regulate contractors and subcontractors engaged in the construction or repair of public buildings, public works, or federally financed or assisted buildings or works).
United States · United States Congress · 11 January 1995
National Gambling Impact and Policy Commission Act - Establishes the National Gambling Impact and Policy Commission to: (1) study gambling in the United States and existing governmental policies and practices with respect to the legalization or prohibition of gambling activities; and (2) formulate and propose appropriate changes in such policies and practices for a report to the President and the Congress.
United States · United States Congress · 11 January 1995
Amends the Omnibus Budget Reconciliation Act of 1990 to: (1) make permanent the Medicare select policy program; and (2) allow access to Medicare select policies in all States. Amends title XVIII (Medicare) of the Social Security Act to revise the Medicare select policy program and provide for a civil penalty for misrepresentations made in connection with a Medicare select policy.
United States · United States Congress · 11 January 1995
Restricted Explosives Control Act of 1994 - Prohibits the distribution or receipt of restricted explosives without a Federal permit. Defines "restricted explosives" to mean high explosives, blasting agents, detonators, and more than 50 pounds of black powder. Requires applications for such permits to include the applicant's photograph and fingerprints, which shall be taken and transmitted to the Secretary of the Treasury by the chief law enforcement officer of the applicant's place of residence.
United States · United States Congress · 9 January 1995
Directs the Secretary of Commerce, upon determining on the basis of comments submitted in rulemaking under this Act that interest among manufacturers is sufficient to warrant the establishment of a three-year toll-free number pilot program and manufacturers will provide fees so that the program will operate without cost to the Federal Government, to: (1) establish such program solely to help inform consumers whether a product is made in America or the equivalent thereof; and (2) publish the toll-free number in the Federal Register. Requires: (1) the Secretary to contract for the establishment and operation of such pilot program and the registration of products; and (2) such number to be used solely to inform consumers as to whether products are American made. Requires consumers to be informed that such registration does not mean that: (1) the product is endorsed or approved by the Government; (2) the Secretary has conducted any investigation to confirm that the product meets the definition of American made; or (3) the product contains 100 percent U.S. content. (Sec. 2) Directs the Secretary to propose regulations to: (1) establish a procedure under which the manufacturer of a product may voluntarily register such product as complying with such definition and have such product included in the information available through the toll-free number; (2) establish, assess, and collect a fee to cover all costs of registering products and including registered products in information provided under the number; (3) establish the pilot program; and (4) solicit views from the private sector concerning the level of interest of manufacturers in registering products. Requires the Secretary to promulgate such regulations if the pilot program and product registration is determined to be warranted. Sets forth provisions regarding: (1) registration fees; and (2) penalties for knowingly registering a product which is not American made.
United States · United States Congress · 4 January 1995
Language of Government Act of 1995 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because he or she communicates in English.
United States · United States Congress · 4 January 1995
American Dream Restoration Act - Amends the Internal Revenue Code to allow individuals a tax credit of $500 multiplied by the number of qualifying children who have not attained age 18. Places limitations on such credit based on: (1) taxpayer adjusted gross incomes over $200,000; and (2) social security tax payments. Provides an inflation adjustment for such credit and the taxpayer adjusted gross income amount. Allows a tax credit for qualified married couples equal to a dollar amount determined by the Secretary of the Treasury to reduce revenues by $2 billion. Describes such couples as those who would be required to pay more in income taxes because they are married than they would be required to pay if they were not married. Establishes individual retirement plans which can be designated as American Dream Savings Accounts. Disallows a tax deduction for amounts contributed to such accounts. Limits contributions to such accounts to the lesser of $2,000, or compensation includible in an individual's gross income for a taxable year ($4,000 in the case of certain married individuals). Provides an inflation adjustment on such amounts. Permits contributions to be made after age 70.5. Excludes distributions from such accounts from gross income and makes the penalty on early distributions inapplicable. Designates qualified distributions as those: (1) made after the individual attains age 59.5; (2) made to a beneficiary on or after the death of the individual; (3) attributable to the individual being disabled; and (4) qualified as special purpose distributions. Prohibits qualified distributions from being made within the five-year period since the account began. Describes special purpose distributions as those for: (1) qualified first-time homebuyers; (2) qualified higher education expenses; and (3) qualified medical expenses, including long-term care insurance.
United States · United States Congress · 4 January 1995
Capital Formation and Jobs Creation Act of 1995 - Amends the Internal Revenue Code to allow a 50 percent income tax deduction for the net capital gain of both corporate and noncorporate taxpayers. Requires indexing, based on the gross domestic product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset or property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Allows an itemized deduction for losses arising from the sale or exchange of a principal residence.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to allow taxpayers primarily engaged in a farming-related business an investment tax credit for a percentage of: (1) the costs of agricultural environmental property; and (2) the amount allowed as a deduction for soil and water conservation expenditures.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths vote of both Houses authorizes a specific excess. Prohibits a bill to increase receipts from becoming law unless approved by a three-fifths majority in each House. Directs the President to submit a balanced budget. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses become law. Requires roll call votes in the House and Senate under this amendment.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Social Security Earnings Test Title II: Repeal of Increase in Tax on Social Security Benefits Title III: Treatment of Long-Term Care Title IV: Senior Citizen Communities Senior Citizens' Equity Act - Title I: Social Security Earnings Test - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to increase the monthly exempt amount, under the earnings test, for individuals who have attained retirement age. Sets forth a schedule of monthly adjustments increasing from $1,250 for taxable year 1996 to $2,500 for taxable year 2000 (amounting, by the year 2000, to an annual exempt amount of $30,000 such individuals may earn before being subject to benefit reductions). Title II: Repeal of Increase in Tax on Social Security Benefits - Amends the Internal Revenue Code to schedule from 1996 through 2000 a reduction from 85 percent to 50 percent the amount of Social Security benefits on which beneficiaries earning more than $34,000 annually ($44,000 for couples) are liable for income tax. Title III: Treatment of Long-Term Care - Amends the Internal Revenue Code to treat a long-term care insurance contract as an accident or health insurance contract. (Sec. 301) Restricts the meaning of long-term care insurance contract to a guaranteed renewable contract without cash surrender value: (1) covering only qualified long-term care services and benefits incidental to such coverage; (2) excluding expenses for services or items reimbursable under Medicare (except where Medicare is a secondary payor); and (3) applying all premium refunds and all policyholder dividends or similar amounts to reduce future premiums or increase future benefits. Limits qualified long-term care services to necessary diagnostic, preventive, therapeutic, and rehabilitative services, as well as maintenance or personal care services prescribed by a licensed health care practitioner for a chronically ill individual in a qualified facility who is unable to perform (without substantial assistance from another individual) at least two activities of daily living (including walking or wheeling, dressing, toileting and bathing, transferring in and out of a bed or chair, and eating). Makes an individual's home a qualified facility if a licensed health care practitioner certifies that without home care the individual would have to be cared for in a State-licensed or Medicare- or Medicaid-certified nursing, rehabilitative, hospice, or adult day care facility. Treats as a separate contract subject to this Act, unless the Secretary provides otherwise in regulations, any rider on a life insurance contract that covers long-term care insurance. Includes in gross income the aggregate amount of benefits received under a long-term care insurance contract that exceeds $200 for any day (adjusted for inflation). Prescribes a one-year full preliminary term method as the method, in the case of any long-term care insurance contract, for computing reserves for the purposes of determining the taxable income of life insurance companies. Declares that a health care plan shall not be subjected to an excise tax for failure to satisfy continuation coverage requirements solely by reason of failing to provide coverage under any long-term care insurance contract. (Sec. 302) Excludes from gross income any benefits (not in excess of $200 per day) received under a long-term care insurance contract, including employer-provided coverage under such a contract. (Sec. 303) Allows an income tax deduction for qualified long-term care services, subject to specified limits. (Sec. 304) Treats as a nontaxable exchange the exchange of a contract of life insurance or an endowment or annuity contract for a long-term care insurance contract. (Sec. 305) Reduces any amounts includible in gross income by reason of distributions from individual retirement plans or 401(k) plans by the aggregate premiums paid by an individual for any long- term care insurance contract for the benefit of such individual or his or her spouse. (Sec. 306) Excludes from gross income accelerated death benefits paid from life insurance policies for individuals who are terminally ill or permanently confined to a nursing home. (Sec. 307) Provides for: (1) continuation of long-term care insurance policies existing before January 1, 1996, which meet State insurance requirements; and (2) nonrecognition of gain or loss in the exchange, before January 1, 1996, of existing policies for policies under this Act, except to the extent of any money or property received in addition to a long-term care insurance contract. Requires the Secretary of the Treasury to report to the Congress on the Department of the Treasury's interpretation of the tax treatment of contracts which provide long-term care services but which are not long-term care insurance contracts under this Act. Title IV: Senior Citizen Communities - Amends the Fair Housing Act with respect to the exemption for housing for older persons from the prohibition against discrimination based on familial status. Revises the definition of housing for older persons to repeal the requirement that such housing possess significant facilities and services specifically designed to meet the physical or social needs of older persons. (Sec. 402) Declares that an individual who engages in conduct with a reasonable good faith reliance on the existence of such exemption is not personally liable for money damages for a violation of such Act that the exemption would have vitiated. Presumes such good faith reliance of a person engaged in the business of residential real estate transactions if: (1) he or she has no actual knowledge that the facility or community is or will be ineligible for such exemption; and (2) the facility or community gives him or her a written certification stating its compliance with the requirements for such exemption.
United States · United States Congress · 4 January 1995
Taxpayer Debt Buy-Down Act - Amends the Internal Revenue Code to allow individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation of the Federal Old-Age and Survivors Insurance Trust Fund, the Civil Service Retirement and Disability Fund, or the Department of Defense Military Retirement Fund). Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Effective Death Penalty Subtitle A: Habeas Corpus Reform Subtitle B: Federal Death Penalty Procedures Reform Title II: Deterring Gun Crimes Title III: Mandatory Victim Restitution Title IV: Law Enforcement Block Grants Title V: Truth in Sentencing Grants Title VI: Exclusionary Rule Reform Title VII: Stopping Abusive Prisoner Lawsuits Title VIII: Further Streamlining Deportation of Criminal Aliens Title IX: Amendments to Violent Crime Control and Law Enforcement Act Taking Back Our Streets Act of 1995 - Title I: Effective Death Penalty - Subtitle A: Habeas Corpus Reform - Chapter 1: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 102) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Prohibits an appeal from being taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, or from the final order involving a prisoner in Federal custody, unless a circuit justice or judge issues a certificate of probable cause. Authorizes the issuance of such certificate only if the petitioner has made a substantial showing of the denial of a Federal right and if the certificate indicates which specific issues satisfy this standard. (Sec. 104) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. (Sec. 105) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners. Chapter 2: Special Procedures for Collateral Proceedings in Capital Cases - Sets forth special habeas corpus procedures in capital cases, including provisions regarding the appointment, and claims of ineffectiveness, of counsel. Specifies that, if a stay of execution has expired, no Federal court thereafter shall have the authority to enter a stay or grant relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim is the result of State action in violation of the Constitution or U.S. law or the result of Supreme Court recognition of a new Federal right that is retroactively applicable or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error no reasonable fact finder would have found the petitioner guilty of the underlying offense or eligible for the death penalty under State law. Denies any Federal district court or appellate judge the authority to enter a stay, issue injunctive relief, or grant any equitable or other relief in a capital case on any successive habeas petition unless the court first determines that the petition or other action does not constitute an abuse of the writ. Permits such determination to be made only by the district judge or appellate panel that adjudicated the merits of the original habeas petition, with an exception. Allows a stay to issue under this provision in the Federal courts of appeal only when a majority of the original panel or of the active judges determines the petition does not constitute an abuse of the writ. Sets forth provisions regarding: (1) filing of habeas corpus petitions; (2) State unitary review procedures; and (3) limitation periods for determining petitions. Specifies that the adjudication of any petition for habeas corpus with respect to State prisoners and of any motion for habeas corpus regarding Federal prisoners by a person under sentence of death shall be given priority by the district court and by the court of appeals over all non-capital matters. Chapter 3: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance (BJA) to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Subtitle B: Federal Death Penalty Procedures Reform - Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to provide that the jury (or if there is no jury, the court), in determining whether a sentence of death is justified, shall: (1) consider whether the aggravating factor or factors found to exist outweigh any mitigating factors; and (2) recommend a death sentence if it unanimously finds at least one aggravating factor and no mitigating factor or if it finds one or more aggravating factors which outweigh any mitigating factors. Directs that the jury be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation is to be based on the aggravating factors and any mitigating factors which have been found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgment. Title II: Deterring Gun Crimes - Amends the Federal criminal code to set mandatory prison terms for carrying, using, or discharging a firearm or destructive device during a State crime that is a serious violent felony or a serious drug offense, except for the conduct of a person in defense of person or property during the course of a crime committed by another unless the person engaged or participated in criminal conduct that gave rise to the criminal conduct of such other individual. Sets forth mandatory penalties for carrying, using, or discharging: (1) a firearm, a short-barreled rifle or shotgun, a semiautomatic assault weapon, or a machine gun or destructive device or firearm equipped with a silencer in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in Federal court; and (2) a firearm during and in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in Federal court or a serious violent felony or serious drug offense for which the person may be prosecuted in State court, with respect to a person who has been previously convicted of certain firearms offenses. Prohibits the court from imposing a probationary sentence on any person convicted of a violation of this title or from making a term of imprisonment imposed under this title run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used. Title III: Mandatory Victim Restitution - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when sentencing a defendant convicted of specified offenses, including offenses under the Federal Aviation Act of 1958. Permits the court to order restitution of any person harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred, or in the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to: (1) order restitution to a victim in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source; and (2) specify in the restitution order, upon determination of the amount owed to each victim, the manner in which and the schedule according to which the restitution is to be paid. Specifies that a restitution order: (1) shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property; and (2) may be enforced by the United States and by a victim named in the order in the same manner as a judgment in a civil action. Title IV: Law Enforcement Block Grants - Repeals the Public Safety Partnership and Community Policing Act of 1994 (title I of the VCCLEA), replacing it with a law enforcement block grant program. Requires the Director of BJA to pay to each unit of local government which qualifies for a payment an amount equal to the sum of any amounts allocated to such unit under such title for each payment period. Directs that sums paid to such units be used by such units for reducing crime and improving public safety, including: (1) hiring, training, and employing on a continuing basis new, additional law enforcement officers and necessary support personnel, paying overtime to presently employed officers and personnel, and procuring equipment, technology, and other material directly related to basic law enforcement functions; (2) enhancing school security measures; and (3) establishing crime prevention programs that are organized or supervised by, or involve substantial participation of, law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity. Sets forth provisions regarding: (1) the timing of payments; (2) payment adjustments; (3) repayment of unexpended amounts; (4) qualification for payment; (5) review by governors; (6) sanctions for noncompliance; (7) allocation and distribution of funds; (8) utilization of the private sector; and (9) public participation. Authorizes appropriations. Title V: Truth in Sentencing Grants - Repeals provisions of the VCCLEA regarding violent offender incarceration and truth-in-sentencing incentive grants. Sets forth provisions governing a truth-in-sentencing grant program. Authorizes the Attorney General to provide grants to eligible States and to eligible States organized as regional compacts (States) to build, expand, and operate: (1) space in correctional facilities in order to increase the prison bed capacity for persons convicted of a serious violent felony; and (2) temporary or permanent correctional facilities, including facilities on military bases, for the confinement of convicted nonviolent offenders and criminal aliens for the purpose of freeing suitable existing prison space for persons convicted of a serious violent felony. Directs that 50 percent of the total amount of funds made available under this title for each of FY 1995 through 2000 be available for general eligibility grants and 50 percent for truth-in-sentencing incentive grants for each State that meets the following requirements: (1) for general grants, such State, since 1993, has increased the percentage of convicted violent offenders sentenced to prison and the average prison time and percentage of sentence actually to be served in prison by such offenders; and (2) for sentencing incentive grants, a State submits an application to the Attorney General providing assurances that it has enacted laws and regulations which include truth-in-sentencing laws that require persons convicted of a serious violent felony to serve not less than 85 percent of the sentence imposed or of the court-ordered maximum sentence for States that practice indeterminate sentencing, truth-in-sentencing laws which have been enacted but not yet implemented that require such State, within three years, to provide that persons convicted of such a felony serve not less than 85 percent of the sentence imposed (or of the court-ordered maximum sentence), and laws requiring that the sentencing or releasing authorities notify and allow the defendant's victims or the family of victims the opportunity to be heard regarding the issue of sentencing and any post-conviction release. Sets forth provisions regarding: (1) special rules; (2) the formula for grants; and (3) accountability. Authorizes appropriations. Prohibits the use of funds for other purposes authorized by the VCCLEA in FY 1995 through 1999 unless the truth-in-sentencing programs are fully funded in such years. Title VI: Exclusionary Rule Reform - Amends the Federal criminal code to prohibit, in a proceeding in a court of the United States, the exclusion of evidence on the ground that: (1) the search or seizure was in violation of the Fourth Amendment of the U.S. Constitution if it was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth Amendment (makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances); and (2) it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by rule prescribed by the Supreme Court pursuant to statutory authority. Title VII: Stopping Abusive Prisoner Lawsuits - Amends the Civil Rights of Institutionalized Persons Act to prohibit an adult convicted of a crime who is confined in any correctional facility from bringing a civil action for deprivation of rights until such plain, speedy, and effective administrative remedies as are available are exhausted. (Sec. 702) Directs the court, on its own motion or on motion of a party, to dismiss specified actions brought by an adult convicted of a crime and confined in any correctional facility if the court is satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. (Sec. 703) Repeals a provision of such Act requiring that the minimum standards provide for an advisory role for employees and inmates of a correctional facility in the formulation, implementation, and operation of the system for resolution of inmate grievances. (Sec. 704) Amends the Federal judicial code to require: (1) the court to dismiss a case in a forma pauperis proceeding if the allegation of poverty is untrue or if the action fails to state a claim upon which relief may be granted or is frivolous or malicious, even if partial filing fees have been imposed by the court; (2) a prisoner in a correctional institution who files an affidavit to include a statement of all assets such prisoner possesses; and (3) the court to ask the correctional institution for information relating to the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Title VIII: Further Streamlining Deportation of Criminal Aliens - Amends the Immigration and Nationality Act to expand the definition of "aggravated felony" to include various offenses such as an offense relating to: (1) commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of five years' imprisonment or more may be imposed; (2) perjury or subornation of perjury for which a sentence of five years' imprisonment or more may be imposed; and (3) a failure to appear before a court pursuant to a court order to answer or dispose of a charge of a felony for which a sentence of two years' imprisonment or more may be imposed. (Sec. 802) Authorizes the Attorney General to issue an order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence or who had permanent resident status on a conditional basis and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Prohibits the Attorney General from executing such an order until 14 calendar days from the date the order was issued, unless waived by the alien, to give the alien the opportunity to apply for judicial review. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable. (Sec. 803) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 804) Limits collateral attacks on deportation orders. (Sec. 805) Directs the Commissioner to operate a criminal alien tracking center. (Sec. 806) Permits the Attorney General to authorize deportation hearings by electronic or telephonic media with the alien's consent or, where waived or agreed to by the parties, in the alien's absence. Title IX: Amendments to Violent Crime Control and Law Enforcement Act - Repeals provisions of the VCCLEA regarding drug courts and crime prevention provisions concerning: (1) the Ounce of Prevention Council; (2) the local crime prevention block grant program; (3) model intensive grant programs; (4) the family and community endeavor schools grant program; (5) assistance for delinquent and at-risk youth; (6) police recruitment; (7) the Local Partnership Act; (8) the National Community Economic Partnership Act; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; and (11) the Family Unity Demonstration Project Act. Repeals the Violent Offender Incarceration and Truth in Sentencing Incentive Grants program under the VCCLEA.
United States · United States Congress · 4 January 1995
Line Item Veto Act - Grants the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any discretionary budget authority or veto any targeted tax benefit if the President determines that such rescission: (1) would help reduce the Federal budget deficit; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission or veto by special message after enactment of appropriations legislation providing such budget authority or a revenue Act containing a targeted tax benefit. Makes such a rescission effective unless the Congress enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 4 January 1995
Expresses the sense of the Congress that: (1) Taiwan deserves full participation, including a seat, in the United Nations (UN); and (2) the U.S. Government should immediately encourage the UN to establish an ad hoc committee for the purpose of studying membership for Taiwan in that organization and its related agencies.
United States · United States Congress · 28 September 1994
Extends, through February 28, 1995, to the dispute referred to in Executive Order No. 12925 of August 29, 1994, between the Soo Line Railroad Company and its employees, the application of a provision of the Railway Labor Act which prohibits parties to a dispute from modifying, except by agreement, the conditions out of which the dispute arose.
United States · United States Congress · 22 September 1994
Amends the Omnibus Budget Reconciliation Act of 1990 to extend from three years to five years the period during which Medicare select policies may be issued.
United States · United States Congress · 22 September 1994
Centennial of Flight Commemoration Act - Establishes the Centennial of Flight Commission to commemorate the first manned airplane flight by the Wright brothers. Authorizes appropriations.
United States · United States Congress · 21 September 1994
Amends the Federal Aviation Administration Authorization Act of 1994 to delay the effective date of trucking deregulation from January 1, 1995, to January 1, 1996.
![Official portrait of Rep. Oxley, Michael G. [R-OH-4]](https://www.congress.gov/img/member/o000163_200.jpg)