United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Child Tax Credit Title II: Capital Gains Reform Subtitle A: Taxpayers Other Than Corporations Subtitle B: Corporate Capital Gains Subtitle C: Capital Loss Deduction Allowed with Respect to Sale or Exchange of Principal Residence Title III: Estate and Gift Provisions Title IV: Savings Incentives American Family Tax Relief Act - Title I: Child Tax Credit - Amends the Internal Revenue Code to allow a credit of $500 per child. Reduces such credit incrementally as income increases above threshold amounts. Title II: Capital Gains Reform - Subtitle A: Taxpayers Other Than Corporations - Provides for taxpayers, other than corporations, a deduction of 50 percent of net capital gain. Provides that, in the case of an estate or trust, the deduction shall be computed by excluding the portion of the gains from sales or exchanges of certain capital assets includible in gross income by the income beneficiaries as gain derived from the sale of capital assets. Excludes collectibles gain from the computation of net capital gain. Sets forth a formula for determining the maximum rate on nondeductible capital gain. Allows the deduction in computing adjusted gross income. (Sec. 202) Provides that for taxpayers, other than corporations, the indexed basis of an asset shall be substituted for its adjusted basis in determining gain on the disposition of an indexed asset, if held more than three years. Defines an indexed asset as: (1) common stock in a C corporation; and (2) tangible property which is a capital asset used in a trade or business. Defines the indexed basis as: (1) the adjusted basis of the asset, increased by; (2) the applicable inflation adjustment. Defines applicable inflation adjustment. Suspends treatment of an asset as an indexed asset during any period in which a taxpayer enters into an agreement which substantially reduces the risk of loss of holding the asset. Provides for the treatment of short sales. Permits such substitution, subject to stated exceptions, to any qualified investment entity. Permits stock in a regulated investment company or a real estate investment trust to be an indexed asset as specified. Provides for pass-through in the case of: (1) a partnership to partners; (2) an S corporation to shareholders; and (3) a common trust fund to participants. Makes the provisions of this section inapplicable to a disposition of property between related persons, except to the extent that the basis of such property in the hands of the transferee is a substituted basis. Sets forth rules concerning: (1) improvements; (2) assets which are not indexed assets throughout the holding period; (3) treatment of certain dispositions; (4) acquisition date where there has been a prior application of this section; and (5) collapsible corporations. Applies the provisions of this section to the disposition of property the holding period of which began after December 31, 1996. (Sec. 203) Repeals the minimum tax preference applicable to the sale of certain small business stock. Doubles the amount of assets a qualified small business may have and remain eligible for reduced rates. Repeals the per-issuer limitation on a taxpayer's eligible gain. Requires that certain working capital of a small business must be expended in five (currently, two) years to be treated as actively in business. Subtitle B: Corporate Capital Gains - Provides for a reduction in the alternative capital gains tax for corporations. Subtitle C: Capital Loss Deduction Allowed With Respect to Sale or Exchange of Principal Residence - Treats as a deductible capital loss a loss from the sale or exchange of a principal residence. Title III: Estate and Gift Provisions - Increases, over an eight year period, the unified estate and gift tax credit. (Sec. 302) Establishes estate tax rules for qualified family-owned business interests, if such interests exceed 50 percent of the adjusted gross estate. Excludes, subject to specified requirements, from the value of such an estate the lesser of: (1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includible in the estate, or; (2) the sum of $1.5 million, plus 50 percent of the excess of the adjusted value of such interests over $1.5 million. Subjects such exclusion to recapture, if specified events occur. (Sec. 303) Extends from 10 to 20 years the amount of time permitted to an estate for making installment payments of the estate tax in an estate consisting largely of interest in a closely held business. Revises provisions concerning the payment of interest on such tax to make a certain portion interest-free. Title IV: Savings Incentives - Increases incrementally, through the year 2000, the adjusted gross income phaseout limits for IRA (individual retirement account) contributions. Repeals, after the year 2000, such limits. Permits a spouse who is not an active IRA plan participant to make a deductible IRA contribution of up to $2,000 without regard to such limits. (Sec. 403) Permits an individual to create an IRA Plus Account into which limited nondeductible contributions can be made. Excludes a qualified distribution from gross income. Defines a qualified distribution as any distribution made: (1) after age 59 and one-half; (2) to a beneficiary after the death of the owner of the account; (3) because of disability; or (4) as a qualified special purpose distribution (medical expenses, long-term unemployment, etc.). Prohibits distributions made within five years of establishing (or, of rolling over into) such an account as being treated as qualified distributions. (Sec. 404) Permits tax-free withdrawals from an individual retirement account for: (1) business start-up costs; (2) long-term (more than 12 weeks) unemployment; or (3) higher education expenses of the taxpayer or the taxpayer's spouse or child.
United States · United States Congress · 21 January 1997
Constitutional Amendment - Grants victims of crimes of violence and other crimes that the Congress may define by law the right to: (1) notice of, and to not be excluded from, all public proceedings relating to the crime; (2) be heard, if present, and to submit a statement at a public pre-trial or trial proceeding to determine a release from custody, an acceptance of a negotiated plea, or a sentence (grants such rights at a public parole proceeding, or at a non-public parole proceeding to the extent they are afforded to the convicted offender); (3) notice of a release pursuant to a public or parole proceeding or an escape; (4) a final disposition of the proceedings relating to the crime free from unreasonable delay; (5) an order of restitution from the convicted offender; (6) consideration for the victim's safety in determining any release from custody; and (7) notice of the rights established by this amendment. Grants the victim standing to assert such rights. Provides that nothing in this amendment shall: (1) provide grounds for the victim to challenge a charging decision or a conviction, to obtain a stay of trial, or to compel a new trial or for the accused or convicted offender to obtain any form of relief; or (2) give rise to a claim for damages against the United States, a State, a political subdivision, or a public official. Grants power to the Congress and the States to enforce this amendment within their respective jurisdictions by appropriate legislation, including the power to enact exceptions when required for compelling reasons of public safety or for judicial efficiency in mass victim cases.
United States · United States Congress · 21 January 1997
Paycheck Protection Act - Amends the Federal Election Campaign Act to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities. States that an authorization shall remain in effect until revoked and may be revoked at any time.
United States · United States Congress · 21 January 1997
National Missile Defense Act of 1997 - Directs the Secretary of Defense to develop for deployment a National Missile Defense (NMD) system which shall achieve operational capability by the end of 2003. Includes as system elements: (1) an interceptor system that optimizes defensive coverage of the United States; (2) fixed ground-based radar; (3) space-based sensors; and (4) battle management, command, control, and communications. Directs the Secretary to: (1) conduct an integrated systems test by the end of FY 1999; (2) use streamlined acquisition procedures; (3) develop a follow-on program that leverages off of, and that could augment, the NMD system to provide for a layered defense; and (4) report to the Congress on the plan for carrying out this Act, the appropriations required for FY 1998 through 2003, and the point at which activity would conflict with terms of the Anti-Ballistic Missile (ABM) Treaty. Urges the President, if necessary, to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the ABM Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year, to consider the option of withdrawing the United States from the ABM Treaty.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Safe and Drug-Free Schools Initiative Subtitle A: Student Opportunity and Safety Subtitle B: Common Sense School Safety Title II: Amendments to the Elementary and Secondary Education Act of 1965 Title III: Tax Incentives for Higher Education Title IV: Funding for Part B of the Individuals With Disabilities Education Act Title V: Adult Education and Family Literacy Subtitle A: Adult Education Act Subtitle B: Demonstration Programs and Projects to Promote Literacy Subtitle C: National Commission on Literacy Safe and Affordable Schools Act of 1997 - Title I: Safe and Drug-Free Schools Initiative - Subtitle A: Student Opportunity and Safety - Student Opportunity and Safety Act - Authorizes appropriations for the grants program established under this subtitle and for program evaluation. (Sec. 115) Directs the Secretary of Education to make grants to eligible entities for 20 to 30 demonstration projects under which low-income parents receive education certificates for the costs of enrolling their eligible children in a choice school. Gives priority to eligible entities that: (1) are conducting a school choice program, involving public or private schools, on the date of enactment of this Act; and (2) operate a school choice program, involving public and private schools, that is authorized by Federal law. Requires 90 percent of such grants (85 percent the first year) to be used for providing education certificates to low-income parents to pay tuition, fees, allowable transportation costs, and costs of certain special programs, for their eligible children to attend a choice school. Allows the remainder to be used for administration of the demonstration project. Declares that such education certificates shall be considered as: (1) aid to parents, not to the choice school. States that such education certificates shall not be considered income to an eligible child or its parent for Federal, State, or local tax purposes, or for determining eligibility for any other Federal program. Subtitle B: Common Sense School Safety - Common Sense School Safety Act - Chapter I: Pupil Safety and Family Choice - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow students, who are program-eligible or who attend a program-eligible school, to switch schools if they have been victims of violent crimes in or on the grounds of their schools. Authorizes the local educational agency (LEA) to use program funds to pay certain supplementary costs for such students to attend any other public or private elementary school or secondary school, including a sectarian school, in that State, that is selected by the student's parent. (Sec. 151) Authorizes States, State educational agencies (SEAs), or LEAs to transfer any non-Federal public funds associated with the education of a student who is a victim of a violent criminal offense while in or on the grounds of a public elementary school or secondary school served by an LEA to another LEA or to a private elementary school or secondary school, including a sectarian school. Chapter II: Victim Assistance Programs - Amends the Victims of Crime Act of 1984 to authorize: (1) use of victim compensation program grant funds for compensation to students who are victims of school violence; and (2) grants for a demonstration project or for training and technical assistance services to a program that assists LEA programs designed to protect victims of and witnesses to incidents of school violence. Chapter III: Innovative Programs to Improve Unsafe Schools - Authorizes appropriations for the grants program established under this chapter. (Sec. 175) Authorizes the Secretary to award grants to States, SEAs, and LEAs for innovative programs to improve unsafe elementary schools or secondary schools. Gives priority to programs that: (1) provide parent and teacher notification of crimes or drug activity occurring at school; (2) provide for the suspension, delay, or restriction of driving privileges of persons under age 18 who have a conviction, an adjudication in a juvenile proceeding, or a finding in a school disciplinary proceeding, involving illegal drugs; (3) link local educational agencies with community-based mentoring programs; (4) include cooperative efforts between the Secretary and the Secretary of Defense to share the training and salary costs of former members of the Armed Forces who are hired as teachers and assigned to teach in public elementary schools and secondary schools, especially in communities adversely affected by the recent closing or substantial downsizing of a military base or facility; and (5) enhance school security measures. Chapter IV: Notification for Juvenile Justice and Law Enforcement Purposes - Directs the Secretary to prepare and distribute to SEAs and LEAs a notice regarding the extent of permissible disclosure of educational records under the General Education Provisions Act and related regulations. Title II: Amendments to the Elementary and Secondary Education Act of 1965 - State Education Flexibility Act - Amends ESEA to include under targeted uses of LEA innovative education assistance funds: (1) programs using scholarships or vouchers provided to a parent by an LEA that permit the parent to select the public or private, including sectarian, school that the parent's child will attend; (2) education reform projects that provide same gender schools, as long as comparable educational opportunities are offered for students of both sexes; and (3) education reform projects that reward teachers, administrators, and schools with cash bonuses and other incentives for significantly improving the academic performance of their students. Title III: Tax Incentives for Higher Education - Affordable College Act - Amends the Internal Revenue Code with respect to qualified State tuition programs to provide for Bob Dole Education Investment Accounts. Limits contributions to such an account to $1,000 in cash per calendar year for an account holder under age 18. Exempts such accounts from Federal income taxation, except the tax on the unrelated business income of charitable organizations. (Sec. 301) Prohibits the establishment of such an account for the benefit of more than one individual. Provides that, if at any time during a calendar year, two or more education investment accounts are maintained for the benefit of an individual, only the account first established shall be treated as a Bob Dole education investment account (except where more than one account exists solely by reason of a rollover contribution). (Sec. 302) Extends permanently the tax exclusion for educational assistance programs provided by employers. Allows such programs to include assistance for graduate education. (Sec. 303) Revises the tax treatment of qualified State tuition programs to exclude from gross income any distributions used for qualified higher educational expenses, including room and board. (Sec. 304) Allows a tax deduction for up to $2,500 per year of interest on education loans, with specified reductions for taxpayers whose adjusted gross income exceeds certain amounts. Allows such deduction whether or not the taxpayer itemizes other deductions. Requires specified tax returns from persons (including governmental units) which have received education loan interest in the course of trade or business from individuals. (Sec. 305) Excludes from gross income any payments received under a Federal work study program. Title IV: Funding for Part B of the Individuals With Disabilities Education Act - Amends the Individuals with Disabilities Education Act to extend the authorization of appropriations for Assistance for Education of All Children with Disabilities. Title V: Adult Education and Family Literacy - Subtitle A: Adult Education Act - Amends the Adult Education Act (AEA) to revise and consolidate AEA programs for adult education and family literacy, and to extend the authorization of appropriations for such programs. (Sec. 511) Revises requirements for Grants to Eligible Agencies, National Programs, and the National Institute for Literacy. Renames the National Institute Board the National Institute for Literacy Advisory Board. Directs the Secretary of Education to carry out a program of national leadership activities to enhance the quality of adult education and family literacy programs nationwide, including specified types of assistance, evaluation, and demonstration activities. (Sec. 512) Extends the authorization of appropriations for the functional literacy and life skills program for State and local prisoners. (Sec. 513) Revises specified provisions of the Refugee Education Assistance Act of 1980 and ESEA to conform to the amendments made to AEA. Subtitle B: Demonstration Programs and Projects to Promote Literacy - Amends ESEA title X (Programs of National Significance) to authorize the Secretary of Education to make grants to and contracts and cooperative agreements with SEAs, LEAs,, institutions of higher learning, and other public and private organizations to establish Demonstration Partnerships to Promote Literacy. Authorizes appropriations. Subtitle C: National Commission on Literacy - National Commission on Literacy - Establishes the National Commission on Literacy to review and report to the President and the Congress on the social and economic impact of illiteracy in the United States and any correlation between such impact and welfare costs, juvenile delinquency, special education, adult literacy programs, drug addiction, and underemployment. Authorizes appropriations.
United States · United States Congress · 21 January 1997
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 · 21 January 1997
TABLE OF CONTENTS: Title I: Product Liability Reform Title II: Biomaterials Access Assurance Title III: Limitations on Applicability; Effective Date Product Liability Reform Act of 1997 - Title I: Product Liability Reform - Applies this Act to any product liability action in any State or Federal court on any theory for harm caused by a product, except for commercial loss actions. (Sec. 103) Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing. Declares that a failure to inspect is not a failure of reasonable care if there was no reasonable opportunity to inspect or if the inspection would not have revealed the aspect that caused the harm. Makes a seller liable as a manufacturer if the manufacturer is not subject to service or if the claimant would be unable to enforce a judgment. Makes certain persons engaged in the business of renting or leasing liable as a seller, but prohibits liability for the tortious act of another solely by reason of ownership. (Sec. 104) Makes it a complete defense if the claimant was under the influence of alcohol or a drug and was more than 50 percent responsible. (Sec. 105) Reduces damages by the percentage of harm attributable to misuse or alteration, except for actions involving an employer or co-employee if the employer or co-employee is, under State law, immune from claimant's action. (Sec. 106) Limits the time within which a product liability action must be started, with a separate limit for durable goods other than motor vehicles, vessels, aircraft, or trains used primarily to transport passengers for hire. (Sec. 107) Allows a claimant or defendant in a product liability action to offer to proceed with voluntary, nonbinding alternative dispute resolution. (Sec. 108) Allows punitive damages, as permitted by State law, if the claimant shows by clear and convincing evidence that the defendant's conduct, carried out with a conscious, flagrant indifference to the rights or safety of others, was the proximate cause of the harm. Regulates punitive damage amounts. (Sec. 110) Permits several and prohibits joint liability for noneconomic loss, allocating liability in direct proportion to the percentage of responsibility. (Sec. 111) Grants an insurer a right of subrogation whether or not the insurer is a party. Prohibits an employee from making settlements or accepting payments without the consent of the employer. Requires, if the manufacturer or seller alleges the harm was the fault of the claimant's employer or coemployee, that the issue be submitted to the trier of fact. Reduces damages if it is found by clear and convincing evidence that the harm was so caused, but requires the manufacturer or seller to reimburse the insurer for attorney's fees and costs if it is not so found. Title II: Biomaterials Access Assurance - Biomaterials Access Assurance Act of 1997 - Applies this title, subject to exception, to any civil action in Federal or State court against a manufacturer, seller, or biomaterials supplier, on any legal theory, for harm allegedly caused by an implant. (Sec. 205) Declares that a biomaterials supplier shall not be liable for harm caused by an implant unless the supplier: (1) is a manufacturer; (2) is a seller; and (3) furnishes materials or parts that fail to meet contractual requirements or specifications. Sets forth the circumstances in which a supplier may be considered a manufacturer and the circumstances in which a supplier may be considered a seller. Allows a supplier, to the extent required and permitted by other law, to be liable if the claimant shows, by a preponderance of the evidence, violation of contractual requirements or specifications. (Sec. 206) Sets forth procedures relating to motions by a supplier to dismiss actions that are subject to this title. Title III: Limitations on Applicability; Effective Date - Makes any circuit court of appeals decision interpreting this Act a precedent for any Federal or State court within that court's geographic jurisdiction. Declares that U.S. district courts shall not have jurisdiction under this Act based on provisions of the U.S. Code relating to Federal questions, commerce and antitrust, and amounts in controversy.
United States · United States Congress · 21 January 1997
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House. Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Transfer of Alien Prisoners Title II: Exclusionary Rule Reform Subtitle A: Exclusionary Rule Reform Subtitle B: Confession Reform Title III: Violent Crime, Drugs, and Terrorism Subtitle A: Criminal Penalties and Procedures Subtitle B: International Terrorism Subtitle C: Commissions and Studies Title IV: Community Protection Subtitle A: Law Enforcement Assistance Subtitle B: Citizens' Assistance Title V: Criminal Procedure Improvements Subtitle A: Equal Protection for Victims Subtitle B: Firearms Subtitle C: Federal Death Penalty Title VI: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors Title VII: Combating Violence Against Women and Children Subtitle A: General Reforms Subtitle B: Domestic Violence Title VIII: Violent Crime and Terrorism Subtitle A: Violent Crime and Terrorism Subtitle B: Courts and Sentencing Subtitle C: White Collar Crime Subtitle D: Miscellaneous Provisions Title IX: Prison Reform Subtitle A: Prison Litigation Reform Subtitle B: Federal Prisons Title X: Miscellaneous Provisions Title XI: Violent and Repeat Juvenile Offenders Subtitle A: Juvenile Justice Reform Subtitle B: Juvenile Gangs Subtitle C: Juvenile Crime Control and Accountability Omnibus Crime Control Act of 1997 - Title I: Transfer of Alien Prisoners - Transfer of Alien Prisoners Act of 1997 - Directs the Attorney General to begin transferring undocumented aliens who are incarcerated in the United States and whose convictions have become final to the custody of the government of the alien's country of nationality for service of the duration of the alien's sentence in that country, except for aliens who are nationals of a foreign country that the Secretary of State (Secretary) has determined has repeatedly provided support for acts of international terrorism. (Sec. 103) Directs the Secretary to: (1) renegotiate all treaties requiring the consent of such an alien to such a transfer; and (2) withdraw the United States as a party to any such treaty requiring such consent if the Secretary is unable to negotiate a new treaty that would go into effect by December 31, 1998. Specifies that the consent of an alien covered by this title shall not be required before such alien may be designated for transfer or before such alien may be transferred to the country of nationality of that alien. (Sec. 104) Directs the President, by March 1 of each year, to submit to the Congress: (1) a certification as to whether each foreign country has accepted, and has confined for the duration of their sentences, such persons; and (2) a report describing the operation of the provisions of this title, particularly with regard to the ten countries having the greatest number of their nationals incarcerated in the United States. (Sec. 107) Provides for the withholding of bilateral assistance, opposition to multilateral development assistance, and withholding of visas with respect to countries refusing to accept at least 75 percent of such nationals designated for transfer or to confine such persons for at least 85 percent of their sentences, with exceptions. Sets forth provisions regarding certification procedures, waivers, congressional review, and denial of assistance for countries decertified. (Sec. 108) Directs: (1) the Secretary to begin to negotiate and renegotiate bilateral prisoner transfer treaties; and (2) the President to submit to Congress an annual certification as to whether each such treaty in force is effective. Title II: Exclusionary Rule Reform - Subtitle A: Exclusionary Rule Reform - Exclusionary Rule Reform Act of 1997 - Amends the Federal criminal code (the code) to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that the search or seizure was in conformity with the Fourth Amendment. Specifies that the fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless the exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Provides that evidence which is otherwise excludable under such provision shall not be excludable where the search and seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the pertinent statute, administrative rule or regulation, or rule of procedure. Subtitle B: Confession Reform - Amends the code to direct the Attorney General to require the Department of Justice (DOJ) to enforce, and defend nationally, the legality of confession reform provisions and, specifically, to pursue the admission into evidence of confessions that are voluntarily given. Provides that, in determining the issue of voluntariness: (1) DOJ shall consider all the circumstances surrounding the confession; (2) the presence or absence of any of certain listed factors shall not be conclusive; and (3) the fact that the defendant had not been advised, prior to questioning, of his or her right to silence and to the assistance of counsel shall not be dispositive. Title III: Violent Crime, Drugs, and Terrorism - Drug Investigation Support and Antiterrorism Act of 1997 - Subtitle A: Criminal Penalties and Procedures - Amends the code to: (1) make it a Federal offense to murder a person during and in relation to any international Olympic Games held in the United States; and (2) include among "internationally protected persons" any participant or guest attending any international sporting event sponsored and sanctioned by the International or United States Olympic Committee. (Sec. 312) Directs the Attorney General to supervise other Federal authorities and personnel in the provision of security services (including conducting a comprehensive review of plans for the housing of athletes and other eligible guests) by establishing an Olympic Security Task Force. Sets forth provisions regarding task force composition, requests for assistance, agreements and regulations, and expedited review of housing arrangements. (Sec. 313) Amends: (1) the Antiterrorism and Effective Death Penalty Act of 1996 (Antiterrorism Act) to include within provisions regarding malicious destruction by fire or explosives specified activities against any institution or organization receiving Federal financial assistance; and (2) related provisions under the code to cover such activities at public places. (Sec. 314) Makes it a Federal offense to knowingly develop, produce, acquire, stockpile, retain, transfer, own or possess any chemical weapon without lawful authority. Sets forth provisions regarding jurisdiction, payment to the United States of incidental expenses incident to seizure or destruction, criminal forfeiture, warrants for seizure, forfeiture orders, execution of such orders, disposition of seized property, authority of the Attorney General, bars on intervention, jurisdiction to enter orders, depositions, third party interests, and substitute assets. Subtitle B: International Terrorism - Urges the President to commence diplomatic efforts to establish a multilateral sanctions regime against each country that the Secretary determines to have repeatedly provided support for acts of international terrorism. Directs the President to include in the annual report on patterns of global terrorism a description of the extent to which such efforts have been carried out, the degree of their success, and a plan of action for inducing each such country to cease support for acts of international terrorism. (Sec. 322) Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require the annual country reports on terrorism to include with respect to each foreign country from which the U.S. Government has sought cooperation during the preceding five-year period in the investigation or prosecution of an act of international terrorism against U.S. citizens or interests, information on the extent to which the government of such country is cooperating with the U.S. Government in apprehending, convicting, and punishing each individual responsible and in preventing further acts of terrorism against U.S. citizens in the foreign country. (Sec. 323) Directs the Secretary to submit to specified congressional leaders annual classified and unclassified reports on international terrorism, including a detailed assessment of the efforts of individual countries to take effective action against countries determined to have repeatedly supported acts of international terrorism. (Sec. 324) Amends the State Department Basic Authorities Act of 1956 to replace the current Department of State rewards program with one under which the Secretary may pay a reward to any individual who furnishes information leading to: (1) the arrest or conviction in any country of any individual for the commission of an act of international terrorism against a person or property, for conspiring or attempting to commit such act, for specified narcotics-related offenses, or for aiding or abetting the commission of such acts; or (2) the prevention, frustration, or favorable resolution of such acts. Sets forth provisions regarding coordination with DOJ. Authorizes appropriations. Sets limitations on rewards. Makes an officer or employee of a governmental entity who, while performing official duties, furnishes such information ineligible for a reward under this section. Sets forth reporting requirements. Excludes from judicial review determinations by the Secretary regarding whether to authorize, or the amount of, a reward. Urges the Secretary to pursue additional means of funding the program. Subtitle C: Commissions and Studies - Establishes the National Commission on Terrorism. Title IV: Community Protection - Community Protection Initiative of 1997 - Subtitle A: Law Enforcement Assistance - Amends the code to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed firearms. Subtitle B: Citizens' Assistance - Citizens' Assistance Act of 1997 - Grants congressional consent to States to enter into compacts or agreements for cooperative effort in enabling individuals to carry concealed firearms. (Sec. 423) Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to authorize State and local use of drug control and system improvement grant funds to train members of the public in the safe possession, ownership, handling, carrying, and use of firearms, subject to specified restrictions on the collection and use of data about any program participant; and (2) the Brady Handgun Violence Prevention Act to allow the sale, delivery, or transfer of a handgun to a person protected under a court order regarding harassment, stalking, threatening, or related conduct with respect to an intimate partner or such partner's child. Title V: Criminal Procedure Improvements - Subtitle A: Equal Protection for Victims - Amends: (1) rule 24 of the Federal Rules of Criminal Procedure (FRCP) to provide for six peremptory challenges by each side and rule 23 to allow six-member juries under specified circumstances; and (2) rule 404 of the Federal Rules of Evidence (FRE) to permit rebuttal of attacks on the victim's character. (Sec. 504) Amends the code to repeal a requirement that notice of release of prisoners be used only for law enforcement purposes. (Sec. 505) Amends the Federal judicial code regarding the balance in the composition of rules committees. Subtitle B: Firearms - Imposes the following minimum penalties: (1) five years for using or carrying a firearm during the commission of a Federal crime of violence or drug trafficking crime; (2) ten years if the firearm is discharged; and (3) life imprisonment or punishment by death if the death of a person results. (Sec. 522) Provides mandatory penalties of ten or twenty years' imprisonment, respectively, for firearms possession by persons with one or two prior convictions for violent felonies or serious drug offenses. (Sec. 523) Makes specified mandatory penalties applicable when firearms are used in connection with counterfeiting or forgery offenses. (Sec. 524) Prohibits possession of an explosive during the commission of a felony. (Sec. 525) Doubles the penalty for a second offense of using an explosive to commit a felony. (Sec. 526) Amends: (1) the Controlled Substances Import and Export Act (CSIEA) to require the court to sentence a person convicted of specified acts of international drug trafficking (importation offense) consisting of bringing into the United States a mixture or substance equal to 100 usual dosage amounts of such mixture or substance, to life imprisonment without possibility of release (or death, for repeat violations); and (2) the code to make a second or subsequent importation offense consisting of bringing a controlled substance into the United States an aggravating factor in determining whether a death sentence is justified. Subtitle C: Federal Death Penalty - Revises Federal death penalty standards and procedures, including by requiring the jury (or the court, as applicable) in determining whether a death sentence is justified, to consider and determine (as an aggravating factor) whether the defendant: (1) used or possessed a firearm during and in relation to the commission of the offense or in escaping or attempting to escape apprehension; or (2) has previously been convicted of a Federal or State offense punishable by a term of imprisonment of more than one year involving the use of a firearm against another person. Requires the defendant to give notice of mitigating factors that will be relied upon in a capital sentencing hearing. Permits the information presented by the Government in support of factors concerning the effect of the offense on the victim and the victim's family to include oral testimony, a victim impact statement, and any other relevant information. Directs the jury to recommend a sentence of death if it unanimously finds at least one aggravating factor and no mitigating factor, or if it finds one or more aggravating factors that outweigh any mitigating factors. Repeals Controlled Substances Act (CSA) provisions establishing death penalty procedures specifically for persons convicted of engaging in a continuing criminal enterprise where the Government seeks the death penalty. Amends the code to include death during commission of another crime as an aggravating factor for homicide. Adds many other such aggravating factors, such as that the victim of a capital offense was pregnant, handicapped, or a custodial parent of a child under age 18. (Sec. 542) Includes murder of a witness as an aggravating factor to be considered in determining whether a death sentence is justified. (Sec. 543) Provides for imposition of the death penalty for murders committed in the District of Columbia. Title VI: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors - Amends the CSA and CSIEA to decrease the quantities of methamphetamine necessary to trigger specified trafficking penalties. (Sec. 602) Amends the code, the Federal judicial code, and FRCP 35 to authorize a reduction of sentence for providing substantial assistance in an investigation of any offense. (Sec. 603) Revises death penalty provisions under the code pursuant to regulations to be promulgated by the Attorney General. Directs a U.S. marshal charged with supervising the implementation of a death sentence to use appropriate Federal facilities for that purpose. (Sec. 604) Limits the term of office of the Administrator of the Drug Enforcement Agency to a single ten-year period, with an exception. (Sec. 605) Makes serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. (Sec. 606) Amends the CSA to set mandatory minimum prison sentences for persons who use minors in drug trafficking activities or who sell drugs to minors. Increases penalties for committing drug offenses in drug-free zones. (Sec. 607) Amends the CSA and CSIEA to increases penalties for trafficking in listed chemicals. Title VII: Combating Violence Against Women and Children - Subtitle A: General Reforms - Makes religious organizations eligible to participate in any grant program authorized pursuant to the Violence Against Women Act of 1994 (VAWA) which allow for the participation of nongovernmental entities, programs, or agencies, or private organizations. Prohibits Federal or State governmental agencies receiving funds under any such program from discriminating against an organization on the basis that such organization has a religious character. (Sec. 702) Authorizes appropriations for FY 1999 under: (1) the Safe Streets Act for domestic violence arrest grants; (2) the VAWA for rural domestic violence and child abuse enforcement assistance; and (3) the Runaway and Homeless Youth Act for runaway, homeless, and street youth assistance grants. Subtitle B: Domestic Violence - Amends the code to authorize the death penalty for fatal interstate domestic violence offenses and fatal interstate violations of protective orders. (Sec. 713) Amends FRE 404 to allow the admission of evidence of the defendant's disposition toward the victim in domestic violence and other cases. (Sec. 714) Amends the code to provide for testing for the human immunodeficiency virus (HIV) in sexual assault cases. Directs the United States Sentencing Commission (the Commission) to amend the Federal sentencing guidelines to enhance the sentence in such cases where the offender knew he or she was infected, except if the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Amends Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) provisions regarding payment of the cost of testing for sexually transmitted diseases to authorize the Government to obtain an order requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome (AIDS). Title VIII: Violent Crime and Terrorism - Subtitle A: Violent Crime and Terrorism - Amends the Antiterrorism Act to apply enhanced penalties for the use of explosives or arson crimes to damage or destroy the property of any institution or organization receiving Federal financial assistance. Redefines: (1) "biological agent" to include bacteria, fungi, rickettsiae, protozoa, or any synthesized component of any microorganism or infectious substance; and (2) "toxin" to include the toxic product of plants, animals, microorganisms, or a synthesized molecule. (Sec. 802) Includes within the scope of the kidnapping offense abductions when an individual travels in interstate or foreign commerce, or when the mail or a facility in interstate or foreign commerce is used, in furtherance of the offense. (Sec. 803) Expands provisions regarding violent crimes in aid of racketeering activity to cover all violent crimes in aid of racketeering activity and to increase penalties for specified attempt and conspiracy offenses. (Sec. 804) Amends: (1) the Brady Handgun Violence Prevention Act to provide that a person who conspires to commit an offense under the Act shall be subject to the same penalties (including the death penalty) as prescribed for the offense; and (2) the Antiterrorism Act to provide for the death penalty for conspiracies involving explosives. (Sec. 805) Includes as a "serious drug offense" (and a predicate offense under the Armed Career Criminal Act) an offense under State law which would have been punishable by a maximum term of at least ten years' imprisonment; (1) if it had been prosecuted as a CSA violation at the time of the offense; and (2) because of the type and quantity of the controlled substance involved. (Sec. 806) Increases penalties for violence in the course of a riot. (Sec. 807) Eliminates as a requirement for carjacking that the offense be committed with intent to cause death or serious bodily harm. (Sec. 808) Sets penalties for: (1) criminal offenses committed by persons formerly serving with, presently employed by, or accompanying the armed forces outside the United States; (2) the use of interstate commerce facilities in the commission of felony crimes of violence for hire; and (3) specified felony offenses directed at buildings or property in Indian country. (Sec. 810) Enhances penalties for offenses resulting in death involving assault on mail delivery people, robberies and burglaries involving controlled substances, interstate domestic violence, animal enterprise terrorism, and racketeering. Subtitle B: Courts and Sentencing - Amends the code, the Federal judicial code, and FRCP 35 to authorize a reduction of sentence for providing useful investigative information although not regarding a particular individual. (Sec. 822) Amends the code to: (1) allow appeals by the United States in a criminal case to lie to a court of appeals under specified circumstances as to any part of any count; and (2) repeal a requirement that the U.S. attorney certify to the district court that the appeal is not taken for purpose of delay and that the evidence is substantial proof of a fact material in the proceeding. (Sec. 824) Amends: (1) VCCLEA to direct the Commission to promulgate, or amend existing, guidelines to provide sentencing enhancements of not less than three offense levels for offenses that the court at sentencing (currently, the finder of fact at trial) determines beyond a reasonable doubt are hate crimes; and (2) the code to authorize the court to impose a sentence of probation or supervised release with or without conditions when reducing a sentence of imprisonment in certain cases. Subtitle C: White Collar Crime - Sets penalties for larceny involving post office boxes and postal stamp vending machines. (Sec. 843) Makes provisions regarding transportation of stolen vehicles, and sale or receipt of stolen vehicles, applicable to vessels (certain watercraft). (Sec. 844) Defines "subpoena for records," for purposes of provisions regarding obstruction of criminal investigations, to include a Federal grand jury subpoena for customer records that has been served relating to a violation of, or a conspiracy to violate, the CSA, CSIEA, or certain Internal Revenue Code (IRC) provisions. (Sec. 845) Authorizes the Attorney General to commence a civil action in Federal court to enjoin counterfeiting and forgery violations. Directs that a permanent or temporary injunction or restraining order be granted without bond. Requires the court to proceed as soon as practicable to the hearing and determination of such an action and authorizes the court, at any time before final determination, to enter such a restraining order or prohibition or to take such other action as is warranted. Specifies that a proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the FRCP. Subtitle D: Miscellaneous Provisions - Increases penalties for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 862) Makes the prohibition on the use as evidence of intercepted wire or oral communications inapplicable to the disclosure by the United States, a State, or political subdivision in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication, or evidence derived therefrom, the interception of which was in violation of provisions relating to certain interceptions not involving governmental misconduct. (Sec. 863) Amends provisions concerning violations of, or crimes committed while on, probation or parole to violations of, or crimes committed while on, supervised release. (Sec. 864) Includes providing material support to designated foreign terrorist organizations as a predicate offense under money laundering provisions. (Sec. 866) Defines "financial institution" to cover foreign bank branches in a commonwealth, territory, or possession of the United States. Title IX: Prison Reform - Subtitle A: Prison Litigation Reform - Renames the Prison Litigation Reform Act (PLRA) of 1995 (title VIII of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (OCRAA)) as the PLRA of 1996. (Sec. 902) Amends OCRAA provisions with respect to prison conditions to prohibit the court from ordering any prospective relief that requires or permits a government official to exceed his or her authority under State or local law or that otherwise violates State or local law, unless Federal law requires (currently, permits) such relief to be ordered in violation of State or local law and other specified conditions are met. Sets forth provisions regarding orders refusing to impose a stay and court intervention. (Sec. 903) Amends the Civil Rights of Institutionalized Persons Act to provide that no civil action shall be brought regarding prison conditions until the plaintiff has exhausted administrative remedies. Limits recovery of attorney's fees except to the extent that such fees were directly and reasonably incurred in: (1) proving an actual violation of the plaintiff's Federal rights; (2) successfully obtaining contempt sanctions for a violation of previously ordered prospective relief that meets specified standards, if the plaintiff made a good faith effort to resolve the matter without court action; or (3) successfully obtained court ordered enforcement of previously ordered prospective relief that meets such standards, if the enforcement order was necessary to prevent an imminent risk of serious bodily injury to the plaintiff and the plaintiff made a good faith attempt to resolve the matter without court action. Requires the amount of the fee to be proportionately related to the court ordered relief for the violation. Specifies that: (1) if a monetary judgment is the sole or principal relief awarded, the award of attorney's fees shall not exceed 100 percent of the judgment; and (2) no award of attorney's fees shall be based on an hourly rate greater than 150 percent of the hourly rate established for payment of court-appointed counsel or $100 per hour, whichever is less. Authorizes a defendant to waive the right to respond to any complaint in any civil action arising under Federal law brought by a prisoner. Specifies that such waiver shall not waive any affirmative defense available to the defendant and that no relief shall be granted to the plaintiff unless a response has been filed. Authorizes the court to direct any defendant to file a response. (Sec. 904) Amends Federal judicial code provisions regarding proceedings in forma pauperis to require the court to assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of the average monthly deposits to the prisoner's account or the average of the highest monthly balance recorded for the prisoner's account for each of the six months immediately preceding the filing of the complaint or notice of appeal. Directs the agency having custody of the prisoner to forward certain deducted payments to clerk of the court either upon deduction or on a monthly basis, accompanied by appropriate documentation. Authorizes the agency, if the judgment for costs is held by the agency or the agency's employees having custody of the prisoner, to withdraw 20 percent of each deposit to the prisoner's account and apply that amount to payment of the judgment until the judgment is paid in full. (Sec. 905) Authorizes the court, in any civil action brought in Federal court by a prisoner other than a prisoner confined in a Federal correctional facility, to make a finding whether: (1) the claim was filed for a malicious purpose or to harass the party against which it was filed; or (2) the claimant testified falsely or otherwise knowingly presented false evidence or information to the court. Permits the court, upon making such affirmative finding, to: (1) revoke good time credit or the institutional equivalent accrued to the prisoner; or (2) consider such finding in release determinations. (Sec. 906) Amends the PLRA to provide that any damages (currently, any compensatory damages) awarded to a prisoner in connection with a civil action brought against any Federal, State, or local jail, prison, or correctional facility shall be paid directly to satisfy any outstanding restitution orders pending against the prisoner. Repeals a requirement that the remainder of any such award be forwarded to the prisoner. (Sec. 907) Amends the PLRA to authorize the court, in any civil action brought by a person convicted of a crime and confined in a Federal correctional facility, to make a finding whether: (1) the claim was filed for a malicious purpose or to harass the party against which it was filed; or (2) the claimant testified falsely or otherwise knowingly presented false evidence or information to the court. Directs the Bureau, if the court makes such affirmative finding, to revoke unvested good time credit or the institutional equivalent accrued to the prisoner. (Sec. 908) Specifies that: (1) credit that has not been earned may not later be granted and credit that has been revoked (under section 907) may not later be reinstated; and (2) credit awarded may be revoked by the Bureau for noncompliance with institutional disciplinary regulations at any time before vesting. Subtitle B: Federal Prisons - Creates an exemption from wiretapping provisions for: (1) interception by a law enforcement officer of any wire, oral, or electronic communication if at least one of the parties to the communication is an inmate or detainee in the custody of the Attorney General of the United States or is in the custody of a State or political subdivision thereof; or (2) the use of a pen register, trap and trace device, or clone pager if the facility is regularly used by such an inmate or detainee. Directs the Attorney General to promulgate regulations governing such interceptions to protect communications protected by the attorney-client privilege and the right to counsel guaranteed by the sixth amendment. (Sec. 912) Requires the Bureau (with exceptions) to ensure that no prisoner or detainee under its jurisdiction: (1) engages in any physical activity designed to increase or enhance fighting ability or to increase physical strength; and (2) is permitted access to certain television or movie viewing, sexually explicit printed material, or bodybuilding or weightlifting equipment; (3) is permitted possession of any in-cell coffee pot, hot plate, or other heating element; or (4) is permitted use or possession of electric or electronic musical equipment. Requires the Director to ensure that each convicted inmate in the custody of the Attorney General and confined in a Federal prison, correctional facility, jail, or other facility shall be engaged in work. Sets forth provisions regarding determination of type of work, excuse from such requirement, and lack of compensation. (Sec. 913) Directs the Bureau to make available appropriate substance abuse treatment for each prison the Bureau determines has a treatable drug abuse problem, with priority to younger offenders and those who would benefit most from the treatment. Repeals provisions regarding requirements for a phase-in of substance abuse treatment and regarding incentives for prisoners' successful completion of treatment. Title X: Miscellaneous Provisions - Expresses the sense of the Senate that: (1) the Office of National Drug Control Policy should be reauthorized for an additional five years; and (2) prior to any such reauthorization, the Senate Judiciary Committee should conduct an extensive review of the National Drug Control Strategy for 1997 submitted by President Clinton. (Sec. 1002) Directs the Secretary of Health and Human Services to require hospitals or health care service providers that receive Federal Medicare or Medicaid payments, as an additional certification requirement, to certify that none of their physicians or other health care professionals prescribes or recommends a schedule I substance to any person. Sets forth reporting requirements. Directs the Attorney General to revoke the DEA registration of any physician or provider who recommends or prescribes such a substance. (Sec. 1003) Directs the Federal Communications Commission to: (1) coordinate with the President's Commission on Alcohol and Drug Abuse Prevention to develop a comprehensive education and public service program targeting youth drug abuse; (2) encourage the priority use of public service resources dedicated to promoting youth drug abuse prevention and education; (3) contact and encourage the donation of greater public resources dedicated to youth drug abuse programs from specified organizations and industries, such as television, movies, the recording and advertising industries, business, and professional sports; and (4) encourage each of such organizations and industries to assist the implementation of new programs and national strategies for dissemination of information intended to prevent youth drug abuse. (Sec. 1004) Directs the Secretary to review all extradition treaties in force and, if necessary, to renegotiate all such treaties, to ensure that certain offenses involving the sexual exploitation and abuse of children are extraditable offenses. Sets forth provisions regarding tolling of the statute of limitations. (Sec. 1005) Amends the Economic Espionage Act of 1996 to require the Director of the Bureau of Justice Assistance, for FY 1997 through 2001, to make grants to the Boys and Girls Clubs of America (BGCA) to establish clubs facilities where needed, with particular emphasis on establishing clubs in public housing projects and distressed areas. Directs the Attorney General to accept and approve an application for such a grant submitted by BGCA if the application: (1) includes a long-term strategy to establish 1,000 additional clubs and a detailed summary of those areas in which new facilities will be established during the next fiscal year and a plan to insure that there are a total of not less than 2,000 BGCA facilities in operation before January 1, 2000; (2) certifies that there will be appropriate coordination with those communities where clubs will be located; and (3) explains the manner in which new facilities will operate without additional, direct Federal financial assistance. Earmarks specified funds to provide a grant to BGCA for administrative, travel, and other costs associated with a national role-model speaking tour program. (Sec. 1006) Increases penalties for cellular telephone interceptions. Title XI: Violent and Repeat Juvenile Offenders - Violent and Repeat Juvenile Offender Act of 1997 - Subtitle A: Juvenile Justice Reform - Repeals code provisions regarding surrender of juveniles to State authorities by Federal authorities. (Sec. 1112) Requires that a juvenile age 14 or older who is alleged to have committed an act that, if committed by an adult, would be a criminal offense, be tried as an adult at the discretion of the U.S. Attorney in the appropriate jurisdiction upon a finding, which shall not be subject to court review, that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction, if the juvenile is charged with a Federal offense that is a crime of violence or that involves a controlled substance for which the penalty is at least five years' imprisonment. Permits the U.S. Attorney, upon declining prosecution of the charged person as a juvenile, to refer the matter to the appropriate legal authorities of the State or Indian tribe. Directs that offenses tried in U.S. district court under this Act be open to the public, with exceptions (but makes the defendant's status as a juvenile, absent other factors, insufficient to close the proceeding). Grants the U.S. Attorney, in making determinations concerning juvenile prosecution, complete access to prior Federal juvenile records and, to the extent permitted by State law, prior State juvenile records. (Sec. 1113) Lowers the minimum age at which a defendant may be sentenced to death from age 18 to 16. (Sec. 1115) Subjects a juvenile tried as an adult to code provisions regarding detention, speedy trial, and restitution for adults. Specifies that no juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches age 18. (Sec. 1119) Authorizes the release of juvenile records to meet inquiries from any school or other educational institution to ensure public safety and security. (Sec. 1120) Requires the Director of the Bureau of Prisons to ensure that juveniles who are alleged or determined to be delinquent are not confined in any institution in which the juvenile has regular sustained physical contact with adult persons who are detained or confined. (Sec. 1121) Applies to juvenile defendants tried as adults provisions directing the Commission, under specified circumstances, to assure that the Federal sentencing guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized. Subtitle B: Juvenile Gangs - Federal Gang Violence Act - Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement, increasing the offense level by not less than six levels, for any offense committed in connection with, or in furtherance of, the activities of a criminal street gang where the defendant was a member of such gang at the time of the offense. (Sec. 1143) Amends code provisions regarding criminal street gangs to: (1) delete the definition of "conviction"; (2) redefine "criminal street gang" to cover a group whose members have engaged during the previous five-year period in a pattern of criminal gang activity; and (3) define "pattern of criminal gang activity" to mean the commission of two or more predicate gang crimes in connection with the activities of a criminal street gang, on separate occasions, at least one of which crimes was committed after the date of this subtitle's enactment and the first of which was committed not more than five years before the commission of another predicate gang crime. Defines "predicate gang crime" as an offense, including an act of juvenile delinquency that, if committed by an adult, would be: (1) a Federal offense that is a crime of violence, that involves a controlled substance for which the penalty is at least five years' imprisonment, or that is a violation of other specified prohibitions under the code or under the Immigration and Nationality Act; (2) a State offense involving conduct that would constitute such an offense if Federal jurisdiction existed or had been exercised; or (3) a conspiracy, attempt, or solicitation to commit such offenses. Sets penalties for engaging in a pattern of criminal gang activity. (Sec. 1144) Amends the Travel Act to increase: (1) penalties for violations; and (2) the scope of unlawful activities under such Act. (Sec. 1145) Prohibits and sets penalties for soliciting or recruiting persons to participate in criminal street gang activity. (Sec. 1146) Makes: (1) crimes involving the recruitment of persons to participate in criminal street gangs, and acts or conspiracies to violate firearms laws, predicate offenses under RICO; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Increases penalties for firearms prohibitions, including by setting a three-year minimum term of imprisonment for transferring firearms to minors for use in crime. (Sec. 1148) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than two levels, for any crime in which the defendant used body armor. (Sec. 1149) Authorizes appropriations to hire Assistant U.S. Attorneys and attorneys in DOJ's criminal division to prosecute juvenile criminal street gangs. Subtitle C: Juvenile Crime Control and Accountability - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to direct the Administrator of the Office of Juvenile Crime Control and Accountability (replacing the Office of Juvenile Justice and Delinquency Prevention) to develop objectives, priorities, and short- and long-term plans, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile crime control and juvenile offender accountability programs and activities relating to improving juvenile crime control and enhancing accountability by offenders within the juvenile justice system. Sets forth provisions regarding plan contents, annual reviews of plans, duties of the Administrator, budget proposal development and submission, reporting, reprogramming, and recordkeeping requirements, utilization of information, services, and facilities of other agencies, coordination of functions, and annual juvenile delinquency development statements. Directs the Administrator to make grants to States to assist them in planning, establishing, operating, coordinating, and evaluating: (1) projects for the development of more effective investigation, prosecution, and punishment of crimes or acts of delinquency committed by juveniles; (2) programs to improve the administration of justice for and ensure accountability by juvenile offenders; and (3) programs to reduce the risk factors associated with juvenile crime or delinquency. Sets forth provisions regarding: (1) use of grant funds, eligibility requirements, distribution of sums by State offices to eligible applicants, applications to State offices, funding period, grant renewal, and special grants; and (2) allocation of grant amounts. Prohibits reallocation of sums due to the ineligibility or nonparticipation of any State. Limits the use of grant funds, including a prohibition against the use of such funds for: (1) biomedical or behavior control experimentation on individuals or research involving such experimentation; (2) construction, with exceptions; (3) job training; (4) specified lobbying activities; (5) and specified legal actions. Prohibits the Federal Government and States receiving funds from discriminating against religious organizations under specified circumstances. Sets penalties for violating prohibitions under this subtitle. Authorizes appropriations. Allocates funds. Requires States, to receive formula grants, to submit plans which meet specified requirements, such as designation of a State agency as the sole agency for supervising the preparation and administration of the plan, and providing for an analysis of juvenile crime problems and juvenile justice and delinquency prevention needs within the relevant jurisdiction. Sets forth provisions regarding approval of State plans by the State agency and by the Administrator, and reduction of allocations if a State fails to comply with requirements of this subtitle. (Sec. 1163) Amends the JJDPA to: (1) reauthorize appropriations for runaway and homeless youth and missing children programs; and (2) repeal provisions regarding incentive grants for local delinquency prevention programs. (Sec. 1167) Repeals: (1) specified provisions of titles III (Crime Prevention), V (Drug Courts), and XXVII (Presidential Summit on Violence and National Commission on Crime Prevention and Control) of VCCLEA; (2) the Safe and Drug-Free Schools and Communities Act of 1994; (3) the School Dropout Assistance Act; (4) specified provisions of the Public Health Service Act providing for grants to public and nonprofit private entities for projects to demonstrate effective models for the prevention, treatment, and rehabilitation of drug abuse and alcohol abuse among high risk youth; (5) specified programs under the Human Services Reauthorization Act and the Community Services Block Grants Act; and (6) specified provisions of Anti-Drug Abuse Act of 1988 concerning the drug abuse education and prevention program relating to youth gangs and the program for runaway and homeless youth. (Sec. 1168) Requires each State to reserve not more than 30 (currently, 15) percent of the amount of funds allocated in a fiscal year for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities. (Sec. 1169) Requires that a surcharge of 40 percent of the principal amount of a civil monetary penalty be added to each monetary penalty assessed by the United States or any agency thereof at the time the penalty is assessed, except for penalties assessed under the IRC, to be used for Federal programs to combat youth violence.
United States · United States Congress · 7 January 1997
Enhancement of Trade, Security, and Human Rights through Sanctions Reform Act - Declares that it is the purpose of this Act to establish an effective framework for consideration by the legislative and executive branches of unilateral economic sanctions. (Sec. 3) Declares that it is U.S. policy to: (1) pursue U.S. interests through vigorous and effective diplomatic, political, commercial, charitable, educational, cultural, and strategic engagement with other countries, while recognizing that U.S. national security interests may sometimes require the imposition of economic sanctions on other countries; (2) foster multilateral cooperation on vital matters of U.S. foreign policy, including promoting human rights and democracy, combating international terrorism, proliferation of weapons of mass destruction, and international narcotics trafficking, and ensuring adequate environmental protection; (3) promote U.S. economic growth and job creation by expanding exports of goods, services, and agricultural commodities, and by encouraging investment that supports the sale abroad of U.S. products and services; (4) maintain the reputation of U.S. businesses and farmers as reliable suppliers to international customers of quality products and services; (5) avoid the use of restrictions on exports of agricultural commodities as a foreign policy weapon; and (6) oppose policies of other countries designed to discourage economic interaction with countries friendly to the United States or with any U.S. national, and to avoid use of such measures as instruments of U.S. foreign policy. States that when economic sanctions are necessary, it is U.S. policy to: (1) target them as narrowly as possible on those foreign governments, entities, and officials that are responsible for the conduct being targeted, thereby minimizing unnecessary or disproportionate harm to individuals who are not responsible for such conduct; and (2) to the extent feasible, avoid any adverse impact of economic sanctions on the humanitarian activities of the United States and foreign nongovernmental organizations in a country against which sanctions are imposed. (Sec. 5) Provides that any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch, and considered by the House of Representatives or the Senate, should: (1) state the U.S. foreign policy or national security objective; (2) terminate after two years unless specifically reauthorized; (3) provide for contract sanctity; (4) provide presidential authority to adjust or waive the sanction in the national interest; (5) target the sanction as narrowly as possible against the parties responsible for the conduct being targeted; and (6) provide for expanded export promotion programs if sanctions are likely to target an export market for American farmers. (Sec. 6) Sets forth a procedure for congressional consideration of any bill or joint resolution that imposes, or authorizes the imposition of, any unilateral economic sanction by the executive branch. Requires the committee of primary jurisdiction reporting such a bill or joint resolution to timely request specified reports: (1) from the President assessing the likelihood that the proposed unilateral economic sanction will achieve its stated objective within a reasonable period of time, as well as the impact of the proposed unilateral economic sanction on U.S. foreign policy, national security, and humanitarian activities; and (2) from the Secretary of Agriculture assessing the extent to which any country or countries proposed or likely to be sanctioned are markets that accounted for more than three percent of all U.S. agricultural export sales in the preceding calendar year, as well as the likelihood that U.S. agricultural exports will be affected by the proposed sanction or by retaliation by any country proposed or likely to be sanctioned, and specific commodities which are most likely to be affected. Considers any bill or joint resolution that imposes any unilateral economic sanction to include a Federal private sector mandate for purposes of the Unfunded Mandates Reform Act of 1995. Requires the Congressional Budget Office, in its report pursuant to such Act, to assess the likely short- and long-term costs of the proposed sanction to the U.S. economy. (Sec. 7) Authorizes the President to implement a unilateral economic sanction under any provision of law not less than 60 days after announcing his intention to do so. Requires any executive sanction to include a clear finding that the sanction is likely to achieve a specific U.S. foreign policy or national security objective within a reasonable and specified period of time. Requires, before imposition of a unilateral economic sanction, that the President and the Secretary of Agriculture report to appropriate congressional committees the same assessments required in connection with any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch. Requires the President to request a report by the U.S. International Trade Commission on the likely short- and long-term costs of the proposed sanction to the U.S. economy, including the potential impact on U.S. competitiveness. Provides, in the case of a national emergency, for allowing the President temporarily to waive most of the requirements for executive action in order to act immediately, generally requiring the waived requirements to be met within 60 days after imposition of the sanction (which shall terminate after 90 days if such requirements are not met). Directs the President to establish an interagency Sanctions Review Committee to coordinate U.S. policy regarding unilateral economic sanctions and provide appropriate recommendations to the President.
United States · United States Congress · 28 September 1996
Amends Federal law with respect to the preparation and submission of appropriations requests to the President. Requires each Federal agency head to publish monthly in the Federal Register a notice of: (1) all amounts made available during the past month for field examinations of appropriations estimates; (2) the purpose and location of each field examination; and (3) the identity of all Members of Congress, congressional staff, and agency officers and employees who participated in the field examination.
United States · United States Congress · 28 September 1996
TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement of Budget Discipline Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay-as-You-Go" Requirement for New Spending Subtitle E: "Lock-Box" for Savings From Spending Reductions Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Technical Amendments to Federal Law to Carry Out This Act Title VII: Definitions and Rules of Interpretation Budget Process Reform Act - Title I: Statement of Congressional Purpose - Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. (Sec. 202) Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 (CBA) to require a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Repeals authority for consideration of spending bills prior to adoption of the budget resolution. (Sec. 203) Prohibits baseline budgeting. Requires objective year- to-year comparisons under budget law, with the starting point for both Presidential and congressional budgets the levels of budget outlays for the current fiscal year. (Sec. 204) Amends the CBA to establish a rainy day fund for natural disasters. Requires budget law to include a major functional category for natural disasters, under specified conditions. (Sec. 205) Amends Federal law relating to the contents of the President's annual budget submission to the Congress to require the President to submit: (1) a budget of the U.S. Government for the following fiscal period on a single page, which sets forth specific budget ceilings in each major functional category, by the first Monday in February of each year before that in which a fiscal period commences; and (2) a detailed budget for that fiscal period, on or before the 15th day after a joint resolution on the budget for the following budget period is enacted. Title III: Enforcement of Budget Discipline - Subtitle A: Supermajority Required to Break Budget Law - Amends CBA to require the Congressional Budget Office (CBO) to provide to the Congress an estimate of the costs in each major functional category of each spending bill before being voted on by the Senate or the House. (Sec. 301) Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to authorize the President to exercise line-item reduction authority if the Congress exceeds the budget ceilings in the binding budget law or an automatic continuing resolution for a fiscal period. Declares that such authority shall permit the reduction of over-budget spending in a major functional category to the level established in the binding budget law or automatic continuing resolution. Sets forth procedures for congressional introductions of line-item bills after the President transmits a special message to rescind an item of budget authority. Prohibits amendments to such bills. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." (Sec. 306) Amends CBA to require fixed-dollar appropriations for every account except Social Security and interest on the debt. Prohibits open-ended appropriations. (Sec. 307) Requires Executive agencies to adjust expenditures, including program eligibility requirements and benefit levels, to ensure that appropriations for entitlement programs are not exceeded. (Sec. 308) Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Amends CBA to prohibit the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals a CBA provision for an exemption in the House from pay-as- you-go rules. Subtitle E: "Lock-Box" for Savings From Spending Reductions - Amends CBA to: (1) establish "lock-box" procedures to ensure budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require Congressional Budget Office (CBO) reports on such procedures; and (3) mandate reduction of spending allocations to House and Senate committees and subcommittees to meet "lock-box" levels. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. (Sec. 402) Provides for contingency regulations for automatic continuing resolutions. Grants each State the option of receiving an aggregate amount for the fiscal period for social safety net programs equal to the allocation to the State for such programs in the preceding fiscal period. (Sec. 403) Restricts consideration of legislation providing budget or spending authority to only that reported by the Committees on Appropriations. Makes such restriction inapplicable in the case of Social Security benefits. Title V: Protection of Social Security - Provides that nothing in this Act shall be construed to require or permit reductions in otherwise payable Social Security benefits. (Sec. 502) Provides that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Technical Amendments to Federal Law to Carry Out This Act - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts.
United States · United States Congress · 24 September 1996
Assisted Suicide Funding Restriction Act of 1996 - Prohibits the use of appropriated funds to provide, procure, furnish, fund, or support, or to compel any individual, institution, or government entity to provide, procure, furnish, fund, or support, any item, good, benefit, program, or service, the purpose of which is to cause, or to assist in causing, the suicide, euthanasia, or mercy killing of any individual. Amends the Developmental Disabilities Assistance and Bill of Rights Act, the Protection and Advocacy for Mentally Ill Individuals Act of 1986, and the Rehabilitation Act of 1973 to incorporate a modified version of this prohibition. Adds a further prohibition, with regard to protection and advocacy systems, against certain assistance provided under such Federal laws for asserting or advocating a legal right to cause, or to assist in causing, or to receive assistance in causing, suicide, euthanasia, or mercy killing. Amends the Public Health Service Act to prohibit the use or availability of appropriations under such Act to provide any item, or service, for the purposes of causing or assisting in suicide, euthanasia, or mercy killing. Prohibits Federal financial participation under title XIX (Medicaid), or Federal reimbursement under title XVIII (Medicare), of the Social Security Act for assisted suicide or related services. Provides for the treatment of advance directives under both Medicare and Medicaid. Prohibits the use of appropriated funds for assisted suicide and related services under the Older Americans Act of 1965, the Indian Health Care Improvement Act, and under title XX (Block Grants to States for Social Services Program) of the Social Security Act. Prohibits the use of appropriated funds for assisted suicide and related services under the military and Federal employees health care systems, and as health care for Peace Corps volunteers and Federal prisoners. Amends the District of Columbia Self-Government and Governmental Reorganization Act to ban the use of Federal funds for assisted suicide and related services. Amends the Legal Services Corporation Act to prohibit the use of legal assistance for assisted suicide and related services, and for asserting or advocating a legal right to such services.
United States · United States Congress · 2 August 1996
Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.
United States · United States Congress · 25 July 1996
Amends the Agricultural Market Transition Act to permit secondary planting of fruits and vegetables on farm program contract acreage where the primary crop has failed. Requires the Secretary of Agriculture to issue specified Conservation Reserve Program implementing regulations by September 15, 1996.
United States · United States Congress · 16 July 1996
Amends the Rules of the House of Representatives to require each standing committee (other than the Appropriations and Budget Committees) to either establish oversight committees or designate at least three staff members to be solely responsible for oversight. Directs the Committee on House Oversight to: (1) modify its committee funding policies to allow committees to use General Accounting Office and executive branch detailees; and (2) develop an electronic program such that Members may track and categorize their casework requests and report their findings to a central House unit. Expresses the sense of the House that: (1) the Oversight Committee should provide committees with sufficient investigative resources; (2) the General Counsel should provide more timely, proactive, and strategic advice to committees respecting the issuance of subpoenas and the lack of compliance by officials; and (3) committees should better utilize the Corrections Day process. (Sec. 2) Directs the Committee to make resources available to the Chief Administrative Officer to perform management and technology audits of committees. (Sec. 3) Directs the Parliamentarian to: (1) establish a comprehensive program to train selected committee staff to serve as parliamentary advisors; and (2) commence to recodify the Rules at the beginning of the 105th Congress. (Sec. 5) Allows Members to participate in committee hearings through audiovisual contact under specified circumstances. Authorizes each committee to not apply the five-minute rule in the interrogation of witnesses in a hearing to the extent that the rules of that committee so permit. Expresses the sense of the House encouraging committees to utilize alternative hearing formats. (Sec. 6) Provides that no point of order shall lie against any committee report for failing to comply with certain voting requirements on reporting measures if the report is in substantial compliance. Repeals a requirement regarding inflationary impact statements. Directs that specified reports contain a statement of performance goals. Provides that if two or more committees jointly study or investigate any matter, such committees may file a joint report. (Sec. 7) Limits the Committee on Government Reform and Oversight to six, and the Committee on Transportation and Infrastructure to five, subcommittees. Repeals: (1) an exception for the Appropriations Committee from the requirement that whenever any entity is to be granted authorization for the payment of its expenses, such authorization initially shall be procured by one primary expense resolution reported by the Oversight Committee; and (2) a limitation on committees' sittings during the five-minute rule. Expresses the sense of the House that the respective party caucus and conference should enforce subcommittee assignment limits. (Sec. 8) Requires the Committee on Standards of Official Conduct to determine whether any complaint against a Member, officer, or employee of the House is properly filed and, if so, whether a preliminary investigation is warranted. Sets forth: (1) further requirements regarding preliminary investigations and limits on participation on the Committee or an investigative panel; and (2) provisions regarding the handling of frivolous complaints.
United States · United States Congress · 11 July 1996
Precision Agriculture Research, Education, and Information Dissemination Act of 1996 - Amends the Competitive, Special, and Facilities Research Grant Act to emphasize competitive grants that promote precision agriculture (as defined by this Act) research projects and to promote dissemination of such projects' results. Provides for the establishment of multistate and national agriculture partnerships, including existing partnerships between national laboratories (Secretary of Energy) and the Department of Agriculture. Amends the Federal Agriculture Improvement and Reform Act of 1996 to include precision agriculture within the research categories of the Fund for Rural America.
United States · United States Congress · 27 June 1996
Expresses the sense of the Congress that, as part of balancing the budget and reevaluating the role of government, Federal, State, and local elected officials should carefully consider the cost of Government spending and regulatory programs in the year to come so that American families will be able to keep more of what they earn.
United States · United States Congress · 13 June 1996
Social Security Preservation Act of 1996 - Amends title II (Old Age, Survivors and Disability Insurance)(OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (trust funds) to ensure that the annual surplus of the trust funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Prescribes a formula for determining the annual surplus of the trust funds. Prohibits disinvestment of trust fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such trust funds for public debt limit-related purposes. Authorizes the sale of trust fund public debt obligations for the payment of OASDI cash benefits and administrative expenses, with conditions, including notification to each House of Congress and the Comptroller General at least three days in advance of such sale.
United States · United States Congress · 29 May 1996
Directs the Secretary of Agriculture to transfer specified Federal lands to the city of Greeley, Colorado, and The Water Supply and Storage Company, a Colorado mutual ditch company if the city and the company offer to transfer to the United States the Rockwell Ranch and Timberline Lake property and specified company-designated lands. Specifies exchange terms and conditions, including that: (1) the United States shall grant perpetual access easements to the city and the company to the lands conveyed; (2) the city and the company shall continue to make specified facilities accessible to visitors to the Roosevelt National Forest; (3) all special use permits, easements or other instruments authorizing occupancy of certain identified Federal lands are rescinded; (4) conditions specified in certain easements for Long Draw, Peterson Lake, and Barnes Meadow Reservoirs requiring a joint operations plan providing instream winter flows to the mainstream of the Cache La Poudre River from Chambers Lake and Barnes Meadow shall continue to be fulfilled regardless of land ownership unless mutually agreed otherwise; and (5) the United States Forest Service shall grant a 20-year easement to the city for use of approximately one acre of land under the existing cabin in the vicinity of Jacks Gulch Campground on Pingree Road. Directs that the Rockwell Ranch, Timberline Lake, and Cameron Pass Lands acquired by the United States under this Act be added to and administered as part of the Roosevelt National Forest. Modifies the boundary of the Arapaho and Roosevelt National Forests to provide for more efficient administration of certain Federal lands adjoining such Forests.
United States · United States Congress · 7 May 1996
Defense of Marriage Act - Amends the Federal judicial code to provide that no State, territory, or possession of the United States or Indian tribe shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship. Establishes a Federal definition of: (1) "marriage" as only a legal union between one man and one woman as husband and wife; and (2) "spouse" as only a person of the opposite sex who is a husband or wife.
United States · United States Congress · 25 April 1996
Antimicrobial Pesticide Registration Reform Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to exclude: (1) bacteria from the definition of "fungus"; and (2) liquid chemical sterilant products for use on a critical or semi-critical medical or dental device from the definition of "pesticide." Directs the Administrator of the Environmental Protection Agency to: (1) coordinate data requirements, test protocols, timetables, and standards of review and reduce burdens and redundancy caused to the registrant, whenever data in support of a pesticide registration is requested by one or more State or Federal agencies; and (2) develop a process to identify and assist in alleviating future disparities between Federal and State data requirements. Provides, with respect to the labeling of an antimicrobial pesticide product, that: (1) a registrant may modify the labeling to include relevant information on the product's efficacy, composition, or container or other characteristics unrelated to a pesticidal claim or activity; (2) such labeling shall not be false or misleading or in conflict with statements required as a condition of registration and be substantiated upon request; (3) modifications shall be subject to a notification and approval process; and (4) different cautionary statements for use dilutions may be included in the labeling upon approval of the Administrator. Directs the Administrator, to the maximum extent practicable, to identify and evaluate changes to the process for registration of antimicrobial pesticides that will reduce current time periods for review. Details rulemaking requirements regarding the review of such pesticides. Requires an annual report to the Congress on measures taken to effect such changes. Exempts from applicability of certain FIFRA storage, disposal, transportation, and container requirements household, industrial, or institutional antimicrobial products that are not subject to regulation under the Solid Waste Disposal Act, unless the Administrator determines that their application is necessary to prevent an unreasonable adverse effect on the environment.
United States · United States Congress · 22 April 1996
Constitutional Amendment - Grants victims of violent crimes the following rights: (1) to be informed of, and present at, every proceeding in which the rights to liberty, justice, and due process are extended to the accused or convicted offender; (2) to be heard at any proceeding involving sentencing and to object to a previously negotiated plea or a release from custody; (3) to be informed of any release or escape; (4) to a speedy trial, a final conclusion free from unreasonable delay, full restitution from the convicted offender, reasonable measures of protection from violence or intimidation by the accused or convicted offender; and (5) to notice of such rights. Grants the several States and the Congress the power to implement further this amendment by appropriate legislation.
United States · United States Congress · 21 March 1996
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project (project) to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided through DOD to certain Medicare-eligible covered military beneficiaries. Requires the project to be conducted in one or more regions in which the TRICARE program (a DOD managed health care program) has been implemented. Allows such project to be conducted for up to two years. Requires such Secretaries to jointly submit to the Congress a first annual report and a final report containing specified information concerning project participants and such project's effects on military medical care access, readiness, and training. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs such Secretaries to jointly: (1) establish a base level of TRICARE coverage required in a geographic region for eligibility under the project; (2) determine baseline costs of such care and coverage; and (3) establish upper reimbursement limits. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project. Establishes in the Treasury the Medicare Subvention Fund (Fund) for providing payments to the HHS Secretary for reimbursement of the HHS trust funds and for the payment of all expenses related to the participation of Medicare-eligible covered military beneficiaries in excess of the base level established under this Act, as well as administrative expenses. Authorizes appropriations for FY 1997 and 1998 for deposit into the Fund to carry out the purposes of this Act.
United States · United States Congress · 19 March 1996
Iran Oil Sanctions Act of 1996 - Directs the President to impose certain economic sanctions against persons who with actual knowledge or reason to know: (1) export certain petroleum and natural gas-related goods or technology that would significantly and materially enhance Iran's ability to develop its petroleum resources; or (2) make an investment of $40 million or more in any 12-month period that directly contributes to Iran's development of such resources. Specifies exceptions to trade sanctions, among other things for certain defense-related articles or services essential to U.S. national security. Prohibits with respect to any sanctioned person: (1) extension of Export-Import Bank assistance; (2) licenses or permits for the exportation of goods or technology; (3) importation into the United States of products produced by such person; and (4) loans from U.S. financial institutions. Specifies sanctions against financial institutions. Authorizes the Secretary of State upon request to issue an advisory opinion to any person as to whether a proposed activity would be subject to sanctions. Waives the requirements of this Act if the President certifies to the appropriate congressional committees that Iran has: (1) ceased its efforts to develop or acquire a nuclear explosive device, chemical or biological weapons, or ballistic missiles and missile launch technology; and (2) been removed from the list of countries determined, under the Export Administration Act of 1979, to have repeatedly supported acts of international terrorism. Sets forth additional criteria for such 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 efforts to persuade other countries to: (1) pressure Iran to cease its weapons of mass destruction programs and support of international terrorism; and (2) ask Iran to reduce the presence of Iranian diplomats and other personnel and withdraw any of them who participated in the takeover of the U.S. embassy in Tehran on November 4, 1979. Requires the President to ensure continued reports to the Congress on Iran's: (1) nuclear and other military capabilities; and (2) support for acts of international terrorism. Applies the sanctions required under this Act to persons making investments for the development of petroleum resources in Libya. Declares that determinations to impose sanctions under this Act are not reviewable in any court.
United States · United States Congress · 13 March 1996
Children's Right to Know Act of 1996 - Amends the Congressional Budget Act of 1974 to direct that the report accompanying the concurrent resolution on the budget include an analysis, prepared after consultation with the Congressional Budget Office Director, of the generational accounting consequences of the concurrent resolution. Amends Federal law to require the President's annual budget to include an analysis of the generational accounting consequences of the budget.
United States · United States Congress · 7 March 1996
Declares that it is U.S. policy that: (1) the European Union's prohibition on the importation into European Union (E.U.) member states of meat from animals treated with hormones and the European Community's Third Country Meat Directive are nontariff trade barriers; and (2) it is in the public interest to remove such barriers to exports of U.S. meat products. Directs the President to prohibit the entry, or withdrawal from warehouse for consumption, into the customs territory of the United States of all meat products of E.U. member states. Declares that such prohibition shall remain in effect until the Secretary of Agriculture and the United States Trade Representative have submitted to the Congress their joint determination that the E.U. has removed such prohibition, and that U.S. meat products are permitted access to their markets.
United States · United States Congress · 27 February 1996
TABLE OF CONTENTS: Title I: Agricultural Credit Subtitle A: Amendments to the Consolidated Farm and Rural Development Act Subtitle B: Amendments to the Farm Credit Act of 1971 Title II: Rural Development Title III: Conservation Subtitle A: Consolidation of Conservation Financial Assistance Programs of the Department of Agriculture Subtitle B: Water Quality Conservation Program for Livestock Operations Subtitle C: Highly Erodible Cropland Conservation Subtitle D: Environmental Conservation Acreage Reserve Program Subtitle E: Wetland Conservation Reform Title IV: Agricultural Trade Subtitle A: Public Law 480 and Related Law Subtitle B: Agricultural Trade Act of 1978 Subtitle C: Miscellaneous Subtitle D: Dairy Export Programs Title V: Extension of Research Authorities Title VI: Issuance of Orders for Promotion, Research, and Information Activities Regarding Agricultural Commodities Title VII: Miscellaneous Provisions Subtitle A: General Conservation Provisions Subtitle B: Inspection Agricultural Regulatory Relief and Trade Act of 1996 - Title I: Agricultural Credit - Subtitle A: Amendments to the Consolidated Farm and Rural Development Act - Amends the Consolidated Farm and Rural Development Act to target ownership and operating loans to (citizen) family farmers. (Sec. 103) Eliminates specified non-income producing loans and authorities. (Sec. 104) Prohibits (with exceptions) loans to previously defaulting borrowers. (Sec. 105) Reduces emergency loan limits. (Sec. 106) Revises specified beginning farmer provisions. (Sec. 107) Repeals target participation rate provisions. Subtitle B: Amendments to the Farm Credit Act of 1971 - Amends the Farm Credit Act of 1971 with respect to: (1) loan decisions; (2) loan restructuring and bankruptcy; (3) borrower stock; (4) nonaccrual status; and (5) right of first refusal. Title II: Rural Development - Amends the Rural Development Act of 1972 to authorize State rural development capitalization grants. Eliminates specified rural development provisions and makes conforming amendments to specified agricultural and rural Acts. Title III: Conservation - Conservation Consolidation and Regulatory Reform Act of 1996 - Subtitle A: Consolidation of Conservation Financial Assistance Programs of the Department of Agriculture - Part 1: Agricultural Conservation Assistance Program - Establishes the agricultural conservation assistance program to assist soil, water, and related conservation measures undertaken on private lands. Authorizes appropriations. Part 2: Conforming Amendments - Repeals specified programs and makes conforming amendments to specified Acts, including: (1) the Great Plains conservation program; (2) the agricultural conservation program; (3) the Colorado River Basin salinity control program; (4) the rural environmental conservation program; (5) water quality and tree planting programs; (6) the integrated farm management program; (7) certain forestry assistance programs; and (8) the Water Bank Act. Subtitle B: Water Quality Conservation Program for Livestock Operations - Establishes a program of technical and cost-sharing assistance for water quality conservation for livestock operations. Obligates program funds. Subtitle C: Highly Erodible Cropland Conservation - Amends the Food Security Act of 1985 to revise the highly erodible land conservation program, including: (1) guideline technical requirements; (2) variance procedures; and (3) good faith exemptions. (Sec. 356) Requires notice of possible violations to be provided during on-site inspections. (Sec. 357) Terminates such program authority, including any ineligibility provisions, after a specified date. Subtitle D: Environmental Conservation Acreage Reserve Program - Amends the Food Security Act of 1985 to extend the conservation reserve program. Revises enrollment provisions. Repeals the environmental easement program. Authorizes owners or operators to terminate program contracts. Subtitle E: Wetland Conservation Reform - Amends the Food Security Act of 1985 to revise the wetland conservation program, including program ineligibility provisions. Establishes a mitigation banking program. Title IV: Agricultural Trade - Subtitle A: Public Law 480 and Related Law - Amends the Agricultural Trade Development and Assistance Act of 1954 (P.L. 480) to extend the trade and development and food for development programs. Makes program revisions including: (1) country priorities; (2) eligible private entities; (3) sale conditions; (4) commodities; and (5) local currencies. (Sec. 420) Extends and increases obligation authority for the farmer-to-farmer program. (Sec. 421) Extends the food for progress program. (Sec. 422) Amends the Agricultural Act of 1980 to rename title III as the Food Security Commodity Reserve Act of 1995. Expands the commodities eligible for the food security commodity reserve (currently the food security wheat reserve). Extends and revises such program. Subtitle B: Agricultural Trade Act of 1978 - Amends the Agricultural Trade Act of 1978 to extend export credit guaranties. (Sec. 434) Revises agricultural embargo protection payment provisions. Subtitle C: Miscellaneous - Repeals provisions of specified agricultural trade-related Acts, including: (1) export enhancement; and (2) agricultural aid and trade missions. (Sec. 449) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to extend funding for promotion of agricultural exports to emerging markets (currently, emerging democracies). (Sec. 452) Amends the Agricultural Trade Act of 1978 to direct the Secretary of Agriculture (Secretary) to monitor foreign compliance with the Agriculture Agreement of the Uruguay Round of Multilateral Trade Negotiations of the General Agreement on Tariffs and Trade, including World Trade Organization member compliance with sanitary and phytosanitary measures. (Sec. 453) Provides for a limitation on durum wheat export subsidies. (Sec. 454) Extends the market promotion program. (Sec. 455) Extends funding for the export enhancement program. (Sec. 458) Amends the Disaster Assistance Act of 1988 to extend funding obligations for sunflower seed oil and cottonseed oil export sales. (Sec. 459) Amends the Agricultural Trade Acts of 1978 to establish a foreign market development cooperation program. Authorizes appropriations. Subtitle D: Dairy Export Programs - Directs the Secretary to assist the dairy industry to establish an export trading company, and designate an entity if the industry is unable to establish one. Title V: Extension of Research Authorities - Amends specified Acts to extend the following: (1) national genetics resources program; (2) national agricultural weather information system; (3) agricultural storage program; (4) water quality program; (5) livestock product safety and inspection program; (6) mesquite program; (7) prickly pear program; (8) deer tick program; (9) agricultural telecommunications program; (10) national centers for agricultural product quality; (11) pilot project to coordinate food and nutrition education programs; (12) assistive technology program for farmers with disabilities; (13) national rural information center clearinghouse; (14) Indian subsistence farming demonstration grant program; (15) Joint Council on Food and Agricultural Sciences; (16) National Agricultural Research and Extension Users Advisory Board; (17) food and agricultural sciences grant program; (18) commodity-based alcohol and hydrocarbon development program; (19) food science and nutrition research center; (20) nutrition education program; (21 ) animal health science research advisory board; (22) animal health and disease research programs; (23) regional animal health and disease research; (24) 1890 land-grant college programs of resident instruction and facilities upgrades; (25) national research and training centennial centers; (26) specified research and education programs; (27) alternative crop development; (28) aquaculture assistance; (29) rangeland research; (30) dairy goat research; (31) Federal agricultural research facilities construction; (32) competitive, special, and facilities research program; (33) research facilities program; (34) critical agricultural research; and (35) pseudorabies eradication program. Title VI: Issuance of Orders for Promotion, Research, and Information Activities Regarding Agricultural Commodities - Commodity Promotion, Research and Information Act of 1996 - Authorizes the Secretary to issue agricultural producer, handler, and importer commodity marketing orders. Authorizes appropriations. Title VII: Miscellaneous Provisions - Subtitle A: General Conservation Provisions - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to provide that State water use or allocation shall not be superseded by National Forest System resource planning provisions. Amends the Federal Land Policy and Management Act of 1976 to extend the application deadline for specified water system rights-of-way. (Sec. 705) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to repeal the composting research program. (Sec. 706) Repeals the Farms for the Future Act of 1990. (Sec. 708) Authorizes a program of technical and educational assistance for private grazing land conservation. Authorizes appropriations. Subtitle B: Inspection - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to permit use of State inspectors. Expands State inspection authority. (Sec. 723) Amends the Federal Meat Inspection Act to establish in the Department of Agriculture the Safe Meat and Poultry Inspection Panel.
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 · 25 January 1996
Amends the Immigration and Nationality Act to make aliens previously deported or removed from the United States permanently inadmissible for U.S. entry.
United States · United States Congress · 5 January 1996
TABLE OF CONTENTS: Title I: Agricultural Market Transition Program Title II: Conservation Title III: Agricultural Promotion and Export Programs Title IV: Miscellaneous Title V: Commission on 21st Century Production Agriculture Title I: Agricultural Market Transition Program - Agricultural Market Transition Act - Authorizes the Secretary of Agriculture (Secretary) to enter into production flexibility contracts through crop year 2002 with eligible agricultural operators and owners with respect to conservation, wetlands, and planting flexibility requirements. Requires contracts to be entered into by April 15, 1996, with certain exceptions for conservation reserve lands. Defines eligible "owners and operators" and "farmland." Sets forth: (1) contract payment amounts for each of FY 1996 through 2002 and allocation amounts for wheat, corn, grain sorghum, barley, oats, upland cotton, and rice; and (2) annual payment rate factors. Permits any commodity or crop to be planted on contract acreage with special provisions and limitations for haying and grazing, alfalfa, and legumes. (Sec. 104) Directs the Secretary to make nonrecourse marketing assistance loans for crop years 1996 through 2002 to producers of wheat, feed grains (corn, grain sorghum, barley, and oats), upland and extra long staple cotton, and oilseeds (sunflower, canola, rapeseed, safflower, mustard, flaxseed, and other oilseeds). Sets forth commodity loan rate, term, and repayment provisions. Directs the Secretary to make loan deficiency payments to producers (of other than extra long staple cotton) who forego obtaining such nonrecourse loans in an amount equal to the difference between a commodity's loan rate and repayment level. Establishes special marketing loan provisions for upland cotton, including: (1) first handler marketing certificates; (2) cotton user marketing certificates; (3) a special import quota; and (4) a limited global import quota for upland cotton. (Sec. 105) Establishes fiscal year payment limitations for individuals of: (1) $40,000 for flexibility contracts; and (2) $75,000 for marketing loan and loan deficiency payments. (Sec. 106) Directs the Secretary to: (1) make nonrecourse loans available to quota peanut producers at $610 per ton and to additional peanut producers at appropriate rates; (2) make related warehouse storage loans available; (3) provide for marketing area pools for quota and additional peanuts, with separate pools for New Mexico-produced Valencia peanuts; (4) require that all domestic and export peanuts comply with specified quality standards; and (5) provide for a nonrefundable marketing assessment. Provides that: (1) net gains from each marketing pool shall be distributed only to pool producers; and (2) losses in quota pools shall be covered using a specified order of priority. Prohibits the Secretary from making quota peanut loans if producers have disapproved poundage quotas. Amends the Agricultural Adjustment Act of 1938 with regard to the peanut program to: (1) extend peanut quota provisions through crop year 2002; (2) eliminate the minimum national poundage quota; (3) eliminate seed peanuts from the national poundage quota determination; (4) create a temporary quota allocation for seed peanuts; (5) eliminate the Texas increased quota allocation; and (5) authorize transfers of additional peanuts to the quota pool where natural disasters prevented quota poundage harvesting and marketing. (Sec. 107) Directs the Secretary to make recourse loans available to processors of domestically grown sugarcane and sugar beets at 18 cents per pound and 22.9 cents per pound, respectively. Sets loan terms at the earlier of nine months or the end of the fiscal year, with supplemental loans available for loans made in the last three months of a fiscal year. Authorizes the Secretary to provide nonrecourse loans when the imported tariff rate quota for sugar imports exceeds 1.5 million short tons raw value. Sets forth first processor sugarcane and sugar beet marketing assessment rates for FY 1996 through 2003, which shall be collected monthly and remitted to the Commodity Credit Corporation (CCC). Sets forth enforcement and reporting provisions. Amends the Agricultural Adjustment Act of 1938 to repeal marketing allotment provisions. Makes this section applicable to the 1996 through 2002 crops of sugarcane and sugar beets. (Sec. 108) Directs the Secretary to carry out the provisions of this subtitle through the CCC. (Sec. 109) Repeals the Agricultural Act of 1949, with specified sections transferred to the Agricultural Adjustment Act of 1938. (Eliminates permanent price support authority.) Makes conforming amendments to the Agricultural Act of 1938. Title II: Conservation - Amends the Food Security Act of 1985 to provide mandatory FY 1996 through 2002 funding through the CCC for the conservation reserve and wetlands programs, and the livestock environmental assistance program. Establishes the livestock environmental assistance program to provide FY 1996 through 2002 technical assistance and cost-sharing and incentive payments to livestock producers who enter into land management and structural contracts to protect water, soil, and related resources from livestock-related degradation. (Makes waste management facility construction ineligible for cost-sharing payments.) Replaces wetlands reserve program permanent easement authority with 15-year easement authority. Limits conservation reserve program total acreage enrollment to 36.4 million acres. Authorizes producers to terminate program participation. Prohibits new acreage enrollment in 1997. Title III: Agricultural Promotion and Export Programs - Amends the Agricultural Trade Act of 1978 to: (1) authorize specified FY 1996 through 2002 appropriations for the market promotion program; and (2) authorize specified FY 1996 through 2002 funding from the CCC for the export enhancement program. Title IV: Miscellaneous - Amends the Federal Crop Insurance Act to authorize the Secretary, in consultation with insurance providers, to offer catastrophic risk protection in a State (or portion of a State) through local Department of Agriculture offices if the Secretary determines insufficient coverage is otherwise available. Provides for the transfer of current policies to private insurers. States that beginning with the spring-planted 1996 crop catastrophic coverage shall not be required for agricultural program benefits if the producer signs a written emergency crop loss assistance waiver. Extends crop insurance provisions to seed crops. (Sec. 402) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize the Secretary to collect fees to cover the costs of providing import quarantine and inspection services. Establishes in the Treasury the Agricultural Quarantine Inspection User Fee Account. (Sec. 403) Increases the CCC interest rate applicable to agricultural commodity loans by 100 basis points. Title V: Commission on 21st Century Production Agriculture - Establishes the Commission on 21st Century Production Agriculture which shall assess: (1) the changes in U.S. production agriculture resulting from this Act; and (2) the current and future condition of U.S. production agriculture and the appropriate agricultural role of the Government. Terminates the Commission upon submission of a required report.
United States · United States Congress · 21 December 1995
International Dolphin Conservation Program Act - Amends the Marine Mammal Protection Act of 1972 to allow authorizations for the incidental taking of marine mammals during commercial yellowfin tuna fishing. Removes provisions requiring that, for purse seine yellowfin fishing, the goal of reducing incidental kill or serious injury to insignificant levels approaching zero be satisfied by the best safety techniques and equipment economically and technologically practicable. Modifies requirements regarding export by another nation to the United States of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific Ocean. Exempts a U.S. citizen from the Act in specified circumstances. Changes requirements regarding the issuance of general permits for the taking of marine mammals. Amends the Dolphin Protection Consumer Information Act regarding the circumstances in which tuna products may be labeled "Dolphin Safe," including allowing such labeling if (among other qualifying circumstances): (1) with regard to harvesting in the eastern tropical Pacific Ocean, the vessel's captain and a Program-approved observer state that no dolphins were killed during the sets in which that tuna was caught; and (2) with regard to harvesting outside the eastern tropical Pacific Ocean, the vessel's captain (or in certain circumstances the captain and an observer) state that no purse seine net was intentionally deployed on or to encircle dolphins during the voyage. Mandates implementing regulations, including regulations addressing the use of weight calculation and well location. (Sec. 5) Amends the Marine Mammal Protection Act of 1972 to declare that it is U.S. policy to support the International Dolphin Conservation Program and to ensure that the U.S. market does not act as an incentive to tuna harvesting that is not in compliance with the Program. Mandates regulations to authorize and govern the incidental taking of marine mammals in the eastern tropical Pacific Ocean, including any species designated as depleted under the Marine Mammal Protection Act of 1972 but not listed as endangered or threatened under the Endangered Species Act. Authorizes emergency regulations in certain circumstances. Requires undertaking or supporting scientific research to further the Program's goals. Repeals existing research program provisions. Repeals provisions relating to bans on imports from countries failing to implement a moratorium on purse seine harvesting of tuna. Replaces provisions concerning permits for taking dolphins with provisions mandating issuance of a permit to a U.S. vessel authorizing participation in the Program. Prohibits U.S. vessels from operating in the eastern tropical Pacific Ocean yellowfin tuna fishery without such a permit. Authorizes permit sanctions for violations of prohibited acts provisions of the Act. Modifies the list of prohibited acts. (Sec. 6) Amends the Tuna Conventions Act to modify the composition of the U.S. representation on the International Commission for the Scientific Investigation of Tuna and the Inter-American Tropical Tuna Commission. Modifies requirements regarding a related advisory committee.
United States · United States Congress · 13 December 1995
Congressional Pay for Performance Act - Sets forth a formula by which the rate of basic pay for each Member of Congress will be reduced effective as of the first applicable pay period of the first calendar year beginning after the end of a fiscal year from FY 1996 through 2001 for which the Federal deficit exceeds the deficit target by more than $1 billion. Reduces such rate to zero if the Federal deficit for FY 2002 is $1 billion or greater, effective as of the first day of the first applicable pay period in calendar year 2003. Provides that if the Federal deficit for any of FY 1996 through 2001, inclusive, is less than $1 billion, each Member's salary shall be restored to the rate in effect as of December 31, 1995, and this Act shall cease to be effective. Requires, for purposes of this Act, the size of the Federal deficit for any fiscal year to be determined by the Congressional Budget Office (in writing): (1) on the basis of the Final Monthly Treasury Statement of Receipts and Outlays of the Federal Government, published by the Department of the Treasury; and (2) excluding any increase in tax revenues, attributable to the fiscal year involved, which occurs by reason of any provision of law enacted after this Act's enactment. Provides that an individual's salary for the duration of his or her first term of office as a Member of Congress shall be determined as if this Act had never been enacted. Provides for suspension of this Act in time of war. Repeals provisions of the Legislative Reorganization Act of 1946 which provide for automatic annual pay adjustments for Members of Congress.
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 · 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 · 9 November 1995
Citizen Congress Act - Makes Members of Congress (Members) ineligible to participate in the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS) except as otherwise provided under this Act. Allows Members to participate in the Thrift Savings Plan. Permits refunds to be made in accordance with otherwise applicable law on account of an individual becoming ineligible to participate in CSRS or FERS as a result of this Act's enactment (provides that, for purposes of any such refund, a Member who becomes ineligible to participate in either of the retirement systems shall be treated as if separated from service). Sets forth provisions regarding: (1) annuities; and (2) preservation of rights based on prior service. (Sec. 3) Amends the Legislative Branch Appropriations Act, 1965 to provide for the disclosure of information necessary to enable the public to accurately compute the Federal retirement benefits of each Member based on various assumptions of years of service and age of separation from service by reason of retirement. (Sec. 4) Eliminates for Members automatic: (1) annuity cost-of-living adjustments; and (2) pay adjustments under the legislative Reorganization Act of 1946. (Sec. 6) Requires a roll call vote for any matter relating to congressional pay. (Sec. 7) Permits any travel award that accrues by reason of official travel of a House Member, officer, or employee to be used only for official travel. (Sec. 8) Expresses the intent of the Congress that a Member or Member-elect may not mail any mass mailing as franked mail. (Sec. 9) Prohibits a Member from receiving transportation in an aircraft of the Military Air Command unless: (1) the transportation is provided on a space-available basis as part of the aircraft's scheduled operations; (2) the use of the aircraft is necessary because the Member's destination or an airfield located within reasonable distance thereof is inaccessible by regularly scheduled flights of commercial aircraft; or (3) such use is the least expensive method for the Member to reach the destination by aircraft. (Sec. 10) Bars a Member from receiving medical or dental care in a facility of any uniformed service unless: (1) such Member is eligible or entitled to such care as a member or former member of a uniformed service or as a covered beneficiary; or (2) such care is provided on an emergency basis unrelated to the person's status as a Member. (Sec. 11) Prohibits the Metropolitan Washington Airports Authority from providing reserved parking areas free of charge to Members, other Government officials, or diplomats at Washington National Airport or Washington Dulles International Airport. Directs such Authority to establish a parking policy for such airports that provides equal access to the public and does not provide preferential parking privileges to such individuals.
United States · United States Congress · 9 November 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless funds for such deployment have been specifically appropriated by a law enacted after the date of enactment of this Act.
United States · United States Congress · 7 November 1995
TABLE OF CONTENTS: Subtitle A: Agricultural Credit Chapter 1: Amendments to the Consolidated Farm and Rural Development Act Chapter 2: Amendments to the Farm Credit Act of 1971 Subtitle B: Rural Development Farm Credit and Rural Development Reform Act of 1995 - Subtitle A: Agricultural Credit - Chapter 1: Amendments to the Consolidated Farm and Rural Development Act - Revises provisions of the Consolidated Farm and Rural Development Act (the Act) regarding eligibility for real estate loans. Authorizes the Secretary of Agriculture to make such loans to any eligible applicant (i.e., any applying individual who is a United States citizen, has training or farming experience that the Secretary determines is sufficient to assure reasonable prospects of success in the proposed farming operation, is or will become an owner-operator of a not larger than family farm in the United States, and is unable to obtain sufficient credit elsewhere to finance farming operation needs at reasonable rates and terms). Specifies that an applicant other than an individual is eligible if: (1) the applicant is controlled by farmers and ranchers, is engaged primarily and directly in farming or ranching in the United States, is or will become an owner-operator of a not larger than family farm, and is unable to obtain sufficient credit elsewhere to finance farming operation needs at reasonable rates and terms; and (2) each individual who has greater than a five percent ownership interest in the applicant meets the eligibility requirements for individuals. Eliminates loans for recreational uses and facilities. Limits refinancing of existing indebtedness to the refinancing of loans related to farming, ranching, or aquaculture operations which significantly enhances the likelihood of repayment. Makes analogous revisions with respect to operating loans. Eliminates loans for Occupational Health and Safety Administration compliance. Makes analogous revisions regarding emergency loans, but also requires that the Secretary find that the farming, ranching, or aquaculture operations of the applicant have been substantially affected by a natural disaster or a major disaster or emergency designated by the President under the Disaster Relief and Emergency Assistance Act. (Sec. 103) Eliminates: (1) ownership loans for the acquisition, installation, or modification of qualified non-fossil energy systems and for the construction of conservation structures or non-income-producing conservation practices; (2) operating loans for the development and construction of solar energy systems; and (3) authority to acquire easements for conservation, recreational, or wildlife purposes. (Sec. 104) Expands authority to require additional collateral to secure a farmer program loan. Links emergency loans for crop or livestock changes to natural disasters. Establishes a date certain for emergency loan asset valuation. Modifies provisions regarding a loan moratorium and policy on foreclosures. Authorizes the Secretary, at the request of the borrower, to permit the deferral of principal only on an outstanding loan made, insured, or held by the Secretary under the Act or under any other law administered by the Consolidated Farm Services Agency and to forego foreclosure on any such loan for such period as the Secretary deems necessary upon a showing by the borrower that: (1) due to circumstances beyond the borrower's control that could not have been anticipated, the borrower is temporarily unable to continue making payments of such principal when due without using funds needed to provide for basic family needs; and (2) the borrower has the ability to continue making interest payments on such loan when due throughout the anticipated deferral period. Eliminates: (1) notification of loan servicing programs; (2) the sales restrictions on inventory property; and (3) debt restructuring and loan servicing provisions. Provides for an annual review of the credit history, business operation, and continued eligibility of a borrower. Directs the Secretary to develop a consolidated short form for farm program borrowers to use in certifying compliance with all applicable statutes and regulations which serve as eligibility prerequisites for loans. Prohibits the Secretary from making loans to an applicant who has defaulted on a loan made or insured under the Act, who has had the principal or interest on a loan deferred, or who has had a loan restructured or serviced, unless the default, deferral, restructuring, or servicing resulted from circumstances that were beyond the control of the applicant and that could not have been reasonably anticipated by the applicant. (Sec. 105) Revises Act provisions regarding loan purposes to require the Secretary to reserve a portion of a loan to be placed in a nonsupervised bank account which may be used at the discretion of the borrower for basic family needs. Limits the size of any such reserve to the least of $5,000 or the percent of the loan or the amount needed to provide for basic family needs for three calendar months. Reduces the limit on emergency loans. Eliminates authority to waive application of the credit-elsewhere test. (Sec. 106) Provides that the guarantee for a loan made to a beginning farmer shall be for the payment of 98 percent of loan principal and interest. Establishes a six percent maximum interest rate reduction for beginning farmers. Eliminates the down payment loan program, limitations on the availability of farm ownership loans and loan guarantees, and the special assistance program. (Sec. 107) Repeals provisions of the Act regarding target participation rates. (Sec. 108) Modifies requirements regarding special conditions and limitations on loans to direct the Secretary to require borrowers to furnish an appropriate written financial statement. Extends certain veterans preference to veterans of the Gulf War. Repeals: (1) requirements that the Secretary testify and report on a budget request and develop and report on long-term cost projections for loan program authorizations; and (2) specified authority of the Secretary under the Act to insure loans. Chapter 2: Amendments to the Farm Credit Act of 1971 - Amends the Farm Credit Act of 1971 to repeal requirements relating to review of decisions to deny or reduce the amount of a loan under such Act. (Sec. 153) Prohibits restructuring of restructured loans or loans involved in bankruptcy proceedings. Modifies provisions regarding the restructuring of distressed loans to: (1) repeal certain reporting requirements to the Farm Credit Administration; and (2) require the board of directors of each qualified lender, within 60 days, to develop a policy to govern such restructuring, including an explanation of the procedure for submitting an application for restructuring. (Sec. 154) Repeals: (1) rules governing the effect of restructuring on borrower stock and review of restructuring denials; and (2) certain requirements relating to loans placed in nonaccrual status. (Sec. 157) Revises right of first refusal provisions to subject agricultural real estate acquired by an institution of the Farm Credit System as a result of a loan foreclosure or a voluntary conveyance by a borrower (previous owner) who does not have the financial resources to avoid foreclosure to the right of first refusal of the previous owner to repurchase (currently, repurchase or lease) the property. Requires the institution to notify the previous owner by certified mail of specified rights within 15 days after the institution first elects to sell any portion of acquired real estate by private sale. Specifies that: (1) "previous owner" does not include a mortgagor or grantor of an equivalent lien interest in agricultural real estate unless such person is also a borrower in the transaction; (2) the right of first refusal is personal to, and not assignable by, the previous owner; and (3) a borrower is not precluded from voluntarily waiving such right in connection with a voluntary conveyance of agricultural real estate in lieu of foreclosure. Subtitle B: Rural Development - Amends the Rural Development Act of 1972 to entitle each eligible State and territory to receive from the Secretary for each fiscal year a grant in specified amounts for rural development. Establishes a schedule of payments. Authorizes appropriations. Grants a jurisdiction to which funds are provided sole discretion to determine how such funds are expended and to which entities such funds are provided. Sets forth requirements with respect to the operation and administration of State rural development revolving funds. Directs the Rural Economic and Community Development Director of a jurisdiction to which a payment is made to review and monitor jurisdiction compliance with program requirements. Establishes procedures for implementation of enforcement recommendations and for the imposition of penalties. (Sec. 202) Eliminates other specified rural development programs under: (1) the Act; (2) the Food, Agriculture, Conservation, and Trade Act of 1990, including the Indian Subsistence Farming Demonstration Grant Program; (3) the Human Services Reauthorization Act of 1986 (Intermediary Relending Program); (4) the Food Security Act of 1985; (5) the Rural Development Act; and (6) the Rural Electrification Act of 1936. (Sec. 203) Makes conforming amendments to various statutes, including: (1) the Department of Agriculture Reorganization Act of 1994; (2) the North American Free Trade Agreement Implementation Act; (3) the Food, Agriculture, Conservation, and Trade Act; (4) the Cooperative Forestry Assistance Act of 1978; (5) the Robert T. Stafford Disaster Relief and Emergency Assistance Act; (6) the Community Economic Development Act of 1981; (7) the Agricultural Act of 1970; and (8) the Rural Electrification Act.
United States · United States Congress · 30 October 1995
State Water Sovereignty Protection Act - Directs the United States, whenever it seeks to appropriate water or acquire a water right within a State, to be subject to all procedural and substantive laws of that State relating to its water rights and uses. Gives consent to join the United States in any State proceeding relating to the allocation or use of a water right. Subjects management and control of water within a State to the laws of such State. Delegates to the respective States the authority to regulate water. Allows the United States to exercise management and control of water within a State only in compliance with that State's laws. Subjects the United States to the imposition of costs and fees in a proceeding to the same extent as a private party.
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
TABLE OF CONTENTS: Title I: Reestablishment of Soil Conservation Service Title II: Consolidation of Conservation Financial Assistance Programs of the Department of Agriculture Subtitle A: Agricultural Conservation Assistance Program Subtitle B: Conforming Amendments Title III: Water Quality Conservation Program for Livestock Operations Title IV: Highly Erodible Cropland Conservation Title V: Environmental Conservation Acreage Reserve Program Title VI: Miscellaneous Provisions Conservation Consolidation and Regulatory Reform Act of 1995 - Title I: Reestablishment of Soil Conservation Service - Amends the Department of Agriculture Reorganization Act of 1994 (Reorganization Act) to replace provisions regarding the Natural Resources Conservation Service (NRCS) with provisions reestablishing the Soil Conservation Service (SCS) as an agency within the Consolidated Farm Service Agency (CFSA) of the Department of Agriculture (Department). Sets forth provisions regarding: (1) the functions of SCS; and (2) special consultation requirements for certain functions, such as requiring the Secretary of Agriculture to ensure that officials of county and area committees established under the Soil Conservation and Domestic Allotment Act (SCDAA)(county committees) meet annually with officials of Soil and Water Conservation Districts or similar organizations established under State law to consider local conservation priorities and guidelines. (Sec. 102) Revises the Reorganization Act to authorize the Secretary to use: (1) CFSA to provide financial assistance under the Agricultural Conservation Assistance Program and the Livestock Water Quality Conservation Program established under the Conservation Consolidation and Regulatory Reform Act of 1995; and (2) SCS to provide technical assistance under such programs. (Sec. 103) Directs the Secretary to transfer to SCS: (1) all of the records, property, and personnel of NRCS; and (2) the unexpended balances of appropriations, allocations, or other funds of NRCS. Title II: Consolidation of Conservation Financial Assistance Programs of the Department of Agriculture - Subtitle A: Agricultural Conservation Assistance Program - Directs the Secretary to carry out an Agricultural Conservation Assistance Program to provide technical and financial assistance to the owners and operators (owners) of private agricultural lands who request such assistance to plan, develop, and implement structural practices applicable to such lands and intended to effectuate specified purposes such as erosion control, water conservation, water quality improvement in rural America, and wildlife habitat improvement. Requires the Secretary to provide technical and financial assistance under the Program on the basis of a contract with an owner of agricultural lands. Sets forth provisions regarding: (1) contract requirements; (2) approval of county committees; (3) contract terms; and (4) owner responsibilities. (Sec. 203) Provides that, to be eligible to enter into a contract under the Program, an owner must prepare and submit to the Secretary for approval a plan of farming operations or land use practices which incorporates specified soil and water conservation practices and principles and outlines a schedule of proposed changes in cropping systems or land use to be carried out during the contract period. Directs the Secretary, in considering a cost-share plan for approval, to consult with SCS and the local soil and water conservation district. Sets forth plan requirements. (Sec. 204) Sets forth provisions regarding: (1) criteria in determining the level of assistance to be provided under a contract under the Program; (2) a 50 percent maximum Federal cost-share requirement; (3) a $5,000 per person limit on financial assistance; (4) time for payment; and (5) treatment of payments. (Sec. 205) Authorizes the Secretary to terminate a contract entered into with an owner under the Program if the owner agrees to such termination or violates the terms and conditions of the contract. Requires the owner, upon: (1) the violation of a term or condition of the contract, to refund any cost-sharing payment already received and forfeit any future payments under the contract; (2) the transfer of the right and interest of an owner in land subject to the contract, to refund all cost-sharing payments received unless the transferee of the right and interest agrees to assume all of the owner's obligations under the contract. (Sec. 206) Authorizes appropriations for FY 1996 through 2002. (Sec. 207) Sets forth provisions regarding: (1) interim administration pending implementation of the Program; and (2) issuance of final regulations. Subtitle B: Conforming Amendments - Repeals: (1) the Great Plains Conservation Program and the Agricultural Conservation Program under the SCDAA; (2) the Critical Lands Resource Conservation Program in the Great Plains area under the Food and Agriculture Act of 1977 (FAA); (3) the Colorado River Basin Salinity Control Program under the Colorado River Basin Salinity Control Act; (4) the Rural Environmental Conservation Program under the Agricultural Act of 1970; (5) Water Quality Incentive Projects, the Control of Weeds and Pests Program, and the Tree Planting Initiative under the Food Security Act of 1985 (FSA); (6) the Integrated Farm Management Program Option under the Food, Agriculture, and Trade Act of 1990; (7) the Special Areas Conservation Program and Reservoir Sedimentation Program under the Agriculture and Food Act of 1981; (8) Small Watershed Easement Purchase Authority under the Watershed Protection and Flood Prevention Act; (9) Financial Assistance Programs under the Cooperative Forestry Assistance Act of 1978; and (10) the Water Bank Act. Title III: Water Quality Conservation Program for Livestock Operations - Directs the Secretary, during FY 1996 through 2002, to carry out a Livestock Water Quality Conservation Program to provide technical and financial assistance to the owners of livestock operations who request such assistance to plan, develop, and implement structural practices in connection with such livestock operations intended to protect or improve water quality and enhance environmental protection. Requires the Secretary (subject to specified requirements) to provide assistance under the Program on the basis of a contract between the Secretary and an owner of a livestock operation. Prohibits the Secretary from entering into a contract with an operator who is not also owner of the livestock operation unless the actual owner concurs in the contract. Requires the owner, to be eligible to enter into a contract, to have an approved water quality plan. Sets forth provisions regarding: (1) types of assistance; (2) application and term of the contract; (3) the contracting process, including approval of the county committee and directing the Secretary to administer a competitive offer system for owners of livestock operations proposing to receive cost-sharing payments in exchange for the implementation of structural practices; and (4) owner responsibilities. (Sec. 303) Limits the Federal share of cost-sharing payments under a contract under the Program to implement one or more structural practices to 50 percent of the total cost of the practice or practices, as determined by the Secretary. Authorizes the Secretary to further reduce the Federal share on account of payments received by the owner from a State or local government for the same structural practice. Sets forth provisions regarding: (1) the effect of other payments; (2) technical assistance; (3) non-Federal assistance; (4) limits on payments; and (5) treatment of payments. (Sec. 304) Directs the Secretary: (1) to provide assistance under the Program to owners of livestock operations in a region, watershed, or conservation priority area based on the significance of the water quality needs and the structural practices that best address the needs; (2) in providing assistance under the Program, to accord a higher priority to assistance and payments that maximize environmental benefits per dollar expended; and (3) to accord a higher priority to owners of livestock operations located within watersheds, regions, or conservation priority areas in which State or local governments provide financial or technical assistance for the same conservation or environmental purposes and to structural practices for lands on which livestock production has been determined to contribute to or create the potential for failure to meet applicable water quality standards or other environmental objectives of a Federal or State law. (Sec. 305) Sets forth provisions regarding: (1) required water quality plans; and (2) modification and termination of contracts. (Sec. 307) Directs the Secretary to: (1) allocate $380 million of Commodity Credit Corporation funds for the seven-fiscal year period beginning on October 1, 1995, to carry out the Program (and, if for any fiscal year the Secretary has incurred total contractual obligations to make payments under the Program that would exceed such sum, to prorate all payments owed under the Program for that fiscal year); and (2) issue regulations to implement the Program. Title IV: Highly Erodible Cropland Conservation - Amends the FSA to define: (1) "conservation plan" to mean the document that applies to highly erodible cropland, that implements the conservation system applicable to such highly erodible cropland and contains the decisions of the person regarding location, land use, tillage systems, and conservation treatment measures and schedule, and that is approved by the local soil conservation district in consultation with the county committees and the Secretary or by the Secretary; and (2) "conservation system" to mean a combination of one or more conservation measures or management practices that are based upon local resource conditions, available conservation technology, and the standards and guidelines contained in the SCS field office technical guides and that are designed to achieve, in a cost effective and technically practicable manner, a substantial reduction in soil erosion or a substantial improvement in soil conditions on a field or group of fields containing highly erodible cropland when compared to the level of erosion or soil conditions that existed before the application of the conservation measures and management practices. Revises the definition of "field" to mean a part of a farm which is separated from the balance of the farm by permanent boundaries such as fences, roads, permanent waterways, or other similar features. Specifies that at the option of the owner or operator of the farm, croplines may also be used to delineate a field if farming practices make it probable that such croplines are not subject to change. Requires the Secretary to publish in the Federal Register the universal soil loss equation and wind erosion equation used by the Department as of a specified date. Prohibits the Secretary from changing such equations thereafter except following certain notice and comment requirements. (Sec. 402) Amends the FSA to direct the Secretary to ensure that the standards and guidelines contained in SCS field office technical guides applicable to the development and use of conservation measures and management practices as part of a conservation system permit a person to use a conservation system that: (1) is technically and economically feasible based on local resource conditions and available conservation technology and cost-effective; and (2) does not cause undue economic hardship on the person applying the conservation system under the person's conservation plan. Sets forth provisions regarding: (1) measurement of erosion reduction; (2) residue measurement; (3) certification of compliance; (4) technical assistance; and (5) encouragement of on-farm research. Amends the Reorganization Act to authorize the CFSA, in the case of a technical determination of the SCS regarding use of a conservation system under the FSA, to overrule the determination if strict application causes undue economic hardship on the person using the conservation system. Amends the FSA to direct the Secretary to permit persons to secure technical assistance from sources other than the SCS in the preparation and application of a conservation compliance plan or similar plan required as a condition for assistance from the Department. Requires that if the Secretary rejects a technical determination made by a source other than the SCS, the basis of the Secretary's determination must be supported by clear and convincing evidence. (Sec. 403) Amends the FSA to require the Secretary to establish expedited procedures for the consideration and granting of temporary variances from conservation plans. (Sec. 404) Revises FSA provisions to provide for: (1) a one-year grace period in which to resume conservation compliance where a person has acted in good faith and without intent to violate the FSA; and (2) special penalties regarding highly erodible cropland that was not in production prior to December 23, 1985. (Sec. 405) Limits program ineligibility for failure to actively apply or comply with a conservation plan to those benefits that relate to agricultural commodities produced on the field that is the basis for such ineligibility determination. Permits the Secretary, in the case of egregious and repetitive violations, to expand such ineligibility to include benefits with respect to agricultural commodities produced on fields other than the field that is the basis for the ineligibility determination, as deemed appropriate by the Secretary. Specifies that no person shall be ineligible for such program benefits as a result of the failure of such person to actively apply or comply with the person's conservation plan with respect to acreage that is not eligible for that type of benefits. (Sec. 406) Revises FSA exemption provisions with respect to conservation reserve lands to provide that a person who owns or operates highly erodible land that was the subject of a contract under that Act shall only be required to apply a conservation plan established under such Act and the person shall not be required to meet a higher conservation standard than that applied to other highly erodible cropland located within the same area. (Sec. 407) Requires Department employees who observe possible compliance deficiencies or other potential violations of a conservation plan or Act provision while providing on-site technical assistance to provide to the responsible persons, within 45 days, information regarding those actions needed to comply. Directs such employees to provide such information in lieu of reporting the observations as compliance violations and to attempt to correct such deficiencies as soon as practicable (and if corrective action is not fully implemented within one year, a review of the status of compliance of the person with the conservation plan may then be conducted). Sets forth provisions regarding: (1) notice of possible violations; (2) investigation of notifications; and (3) notification requirements regarding the subject of the complaint. (Sec. 408) Authorizes the Secretary, at the request of a county committee, to establish a producer advisory committee in such county or area for the purpose of consulting with such county committee, conservation district board, SCS field office, and State conservationist in the development of reasonable and practical solutions to resource management goals and the establishment of conservation systems, measures, and practices that meet specified criteria. Requires the members of the producer advisory committee to be appointed by the Secretary from nominees submitted by the county committee making the request. Title V: Environmental Conservation Acreage Reserve Program - Revises FSA provisions to require the owner of land, to be eligible to place such land into a wetland reserve, to enter into a contract with the Secretary to implement a wetland conservation plan for the restoration and protection of the functional wetland values of the land placed in the reserve. Specifies that the wetland conservation plan for land placed into the wetland reserve shall provide for the efficient and effective restoration of the functional values of wetlands and shall permit: (1) repairs, improvements, and inspections on such land that are necessary to maintain existing public drainage systems if such land is subsequently restored to the condition required by the terms of the contract; and (2) the landowner to control public access on such land while identifying access routes to be used for wetland restoration activities, management, and monitoring. Prohibits: (1) the alteration of wildlife habitat and other natural features of such land, unless specifically permitted by the plan; (2) the spraying of such land with chemicals or the mowing of such land, except where such spraying or mowing is permitted by the plan or is necessary to comply with Federal or State noxious weed control laws or an emergency pest treatment program; (3) any activities to be carried out on such participating landowner's or successor's land that is immediately adjacent to, and functionally related to, the land that is placed in the wetland reserve if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and (4) the adoption of any other practice that would tend to defeat the purposes of the Act. Sets forth provisions regarding: (1) the development of a wetland conservation plan; (2) the duties of owners and operators; (3) compatible uses; (4) the period of a contract; (5) payments under the contract; and (6) violations. Modifies FSA provisions to require the Secretary, in making cost share payments, to pay the owner 50 percent of the cost of carrying out the conservation and wetland measures and practices for which the assistance is provided. (Sec. 502) Repeals: (1) a wetlands reserve program requirement that the Secretary of Agriculture consult with the Secretary of the Interior at the local level and specified other consultation requirements; and (2) the environmental easement program. Revises the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize the Secretary of Agriculture, during calendar years 1996 through 2000, to extend up to ten years contracts entered into before November 28, 1990, under the FSA's conservation reserve program, at the option of the owner or operator on land that the Secretary has determined under a specified study should remain in conserving uses. (Sec. 504) Sets forth provisions regarding the effect of this title on existing easements. Title VI: Miscellaneous Provisions - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to provide that provisions regarding the National Forest System shall not be: (1) construed to supersede, abrogate, or otherwise impair any right or authority of a State (impair any right) to allocate quantities of water; or (2) implemented, enforced, or construed to allow any U.S. officer or agency to utilize its authorities to impose any requirement not imposed by the State which would impair any right to the use of water resources allocated under State law, interstate water compact, or Supreme Court decree or held by the United States for use by a State, its political subdivisions, or its citizens. Amends the Federal Land Policy and Management Act of 1976 to make analogous changes with respect to the authorities of the Bureau of Land Management vis-a-vis land use planning. Prohibits any Federal agency from requiring as a condition of, or in connection with, the granting, issuance, or renewal of a right-of-way a restriction on the operation, use, repair, or replacement of an existing water supply facility located on or above National Forest lands or the exercise and use of existing water rights if such condition would: (1) reduce the quantity of water which would otherwise be made available for use by the owner of such facility or water rights; or (2) cause an increase in the cost of the water supply provided from such facility. Repeals provisions of: (1) the FSA regarding State technical committees; (2) the Federal Noxious Weed Act of 1974 regarding management of undesirable plants on Federal lands; (3) the Food, Agriculture, Conservation, and Trade Act of 1990 regarding a composting research and extension program and administration of environmental programs; and (4) the Farms for the Future Act of 1990.
United States · United States Congress · 26 October 1995
Prohibits any member of the armed forces from being required to wear any uniform item or insignia which indicates an allegiance to or affiliation with the United Nations.
United States · United States Congress · 26 October 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless the deployment is specifically authorized by a law enacted after the date of enactment of this Act.
United States · United States Congress · 19 October 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Allows consideration, when a new animal drug contains more than one active ingredient or its labeling suggests use of the drug in combination with another animal drug, only of whether any of the active ingredients or any of the drugs in the combination, at the longest withdrawal time of any of the active ingredients or drugs in the combination, exceeds its established tolerance or interferes with the methods of analysis for another of the active ingredients or drugs in the combination. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence;" (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; and (3) provide for the opportunity for a conference to make a decision establishing a submission or an investigational requirement. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
United States · United States Congress · 21 September 1995
Surface Mining Control and Reclamation Amendments Act of 1995 - Amends the Surface Mining Control and Reclamation Act of 1977 to: (1) repeal certain oversight functions of the Office of Surface Mining Reclamation and Enforcement; (2) provide for an approved State program for surface coal mining and reclamation operations which shall apply in that State in lieu of the Act; (3) declare the Act inapplicable to surface coal mining and reclamation operations within a State with an approved State program until such program has been amended, and the permittee has been provided reasonable time to conform operations to the amended program; and (4) declare that operations in compliance with a permit issued under the Act shall be deemed to be in compliance with its environmental protection standards and those of an approved State or Federal program pursuant to the Act. Amends enforcement guidelines to grant a State regulatory authority sole enforcement responsibility for the Act and relevant State law, subject only to State administrative and judicial review. Confers enforcement responsibility for Federal water quality laws (including State law enacted pursuant thereto) upon the regulatory authority approved by the Federal Environmental Protection Agency. Revises judicial review guidelines to: (1) repeal the provision that availability of judicial review of a State regulatory authority does not limit the operation of rights with respect to citizens' suits to compel compliance with Federal law; and (2) declare that an action by the Secretary of the Interior regarding inadequate State enforcement is subject to judicial review by the U.S. district court for the district which includes the capital of the State whose program is at issue. Establishes a three-year statute of limitations for an enforcement proceeding under this Act. Excludes public roads from the regulatory purview of the Act.
United States · United States Congress · 13 September 1995
Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to provide for payments to State and local prisons for monthly reports on the identities of inmates ineligible for benefits, especially those erroneously paid such a benefit. Denies SSI benefits for ten years to a person found to have fraudulently obtained such benefits while in prison.
![Official portrait of Sen. Allard, Wayne [R-CO]](https://www.congress.gov/img/member/a000109_200.jpg)