United States · United States Congress · 19 June 1996
Church Arson Prevention Act of 1996 - Makes Federal criminal code prohibitions against, and penalties for, damaging religious property or obstructing any person's free exercise of religious beliefs applicable where: (1) the property is damaged because of its racial or ethnic character; and (2) the offense is in, or affects, interstate commerce. (Currently such provisions apply only where: (1) the property is damaged because of its religious character; (2) the defendant, in committing the offense, travels in interstate or foreign commerce or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and (3) the loss exceeds $10,000.) Prohibits intentionally defacing, damaging, or destroying religious real property (or attempting to do so) because of the race, color, religious, or ethnic characteristics of any individual associated with such property. Increases penalties for violations of such provisions where bodily injury results or where such acts include the use, or attempted or threatened use, of a dangerous weapon, explosives, or fire. Includes within the definition of "religious property" fixtures or religious objects contained within a place of religious worship. Sets a seven-year statute of limitation for the prosecution, trial, or punishment of a person for any noncapital offense under such provisions. Authorizes the Secretary of Housing and Urban Development to use up to $5 million of the credit subsidy provided under the General and Special Risk Insurance Fund for guaranteed loans to financial institutions in connection with loans made to assist certain tax exempt religious or other organizations that have been damaged by arson or terrorism. Authorizes appropriations to the Departments of the Treasury and Justice, including the Community Relations Service, to increase personnel to investigate, prevent, and respond to potential violations of this Act and Federal explosives prohibitions. Reauthorizes the Hate Crimes Statistics Act. Commends those individuals and entities that have responded with funds to assist in the rebuilding of places of worship that have been victimized by arson. Encourages the private sector to continue such efforts.
United States · United States Congress · 18 June 1996
Condemns arson and other acts of desecration against churches and other houses of worship as being totally inconsistent with fundamental American values. Expresses the Senate's belief that investigation and prosecution of those who are responsible for fires at such entities, and especially any incidents of arson whose purpose is to divide communities or to intimidate any Americans, should be a high national priority.
United States · United States Congress · 13 June 1996
Condemns arson against churches and declares that the investigation and prosecution of those who are responsible, especially for any incidents of arson the purpose of which is to divide communities or to intimidate Americans, should be a high national priority. Commends the President for pledging to devote all Federal resources necessary to bring to justice those responsible. Calls for all investigations of fires at churches which are of suspicious origin to be conducted in a sensitive manner that reflects the special character of churches and the role they play in American communities.
United States · United States Congress · 12 June 1996
TABLE OF CONTENTS: Title I: Block Grants for Temporary Assistance for Needy Families Title II: Supplemental Security Income Subtitle A: Eligibility Restrictions Subtitle B: Benefits for Disabled Children Subtitle C: State Supplementation Programs Subtitle D: Studies Regarding Supplemental Security Income Program Subtitle E: National Commission on the Future of Disability Title III: Child Support Subtitle A: Eligibility for Services; Distribution of Payments Subtitle B: Locate and Case Tracking Subtitle C: Streamlining and Uniformity of Procedures Subtitle D: Paternity Establishment Subtitle E: Program Administration and Funding Subtitle F: Establishment and Modification of Support Orders Subtitle G: Enforcement of Support Orders Subtitle H: Medical Support Subtitle I: Enhancing Responsibility and Opportunity for Non-Residential Parents Subtitle J: Effect of Enactment Title IV: Restricting Welfare and Public Benefits for Aliens Subtitle A: Eligibility for Federal Benefits Subtitle B: Eligibility for State and Local Public Benefits Programs Subtitle C: Attribution of Income and Affidavits of Support Subtitle D: General Provisions Subtitle E: Conforming Amendments Title V: Reductions in Federal Government Positions Title VI: Reform of Public Housing Title VII: Child Care Title VIII: Child Nutrition Programs Subtitle A: National School Lunch Act Subtitle B: Child Nutrition Act of 1966 Title IX: Food Stamp and Related Programs Title X: Miscellaneous Subtitle A: General Provisions Bipartisan Welfare Reform Act of 1996 - Title I: Block Grants for Temporary Assistance for Needy Families - Expresses the sense of the Congress that prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock births are very important Government interests. (Sec. 103) Replaces the current Aid to Families with Dependent Children (AFDC) program and Job Opportunities and Basic Skills Training Program (JOBS) under, respectively, parts A and F of title IV of the Social Security Act (SSA) with a program of block grants to the States for temporary assistance for needy families already with or expecting children (TEA program). Gives such program the stated purpose of increasing the flexibility of States in operating approved statewide programs, with: (1) certain mandatory work and education requirements (as well as penalties against adult family members on TEA who refuse to engage in various specified work activities); and (2) adult- supervised living arrangements for unmarried teenage parents to enable such families to leave the program and become self-sufficient. Includes participation in community service programs and subsidized public sector employment as TEA program work activities. Requires TEA programs to provide certain time-limited cash assistance (and thereafter vouchers) to eligible families entering into an individual responsibility plan with the State (with certain exceptions involving minor children and hardship situations), outlining their obligations in receiving TEA assistance (such as immunizing their children or finishing high school), as well as the specific services the State will provide (such as job preparation and family planning services and, at the State's option, substance abuse treatment services) to enable them to move into private sector employment. Requires State TEA programs also to: (1) establish annual numerical goals for preventing and reducing the incidence of out-of-wedlock pregnancies, with special emphasis on teenage pregnancies, over a specified ten-year period; and (2) encourage the formation and maintenance of two-parent families. Denies TEA for fugitive felons and probation and parole violators and minor children absent from the home for a significant period. Suspends it for ten years for persons who have fraudulently misrepresented residence to obtain assistance in two or more States. Denies additional cash assistance, as a general rule, for additional children born to families already on TEA (except in cases of rape and incest), unless State law specifically exempts the State TEA program from such denial. Reduces or denies TEA for noncooperation in child support. Outlines State TEA plan contents. Provides for the State's choice of treatment of aliens and families moving interstate, and for the exchange of certain plan information about TEA applicants or recipients with law enforcement officers under prescribed conditions. Sets forth requirements for State plan approval by the Secretary of Health and Human Services (HHS), which include certifications that the State will operate a child protection and child support enforcement program under SSA title IV parts B and D (Child-Welfare Services Program and Child Support and Establishment of Paternity Program), respectively. Details TEA program grant administrative provisions: (1) determining the amounts of State grants for family assistance for FY 1996 through 2001; (2) outlining grant uses, including assistance to families in meeting home heating and cooling costs, and a State program under the Child Care and Development Block Grant Act of 1990; (3) rewarding States with additional grant amounts for reductions in illegitimate births, as well as for population increases and TEA program work activities; and (4) establishing in the Treasury (and providing deposits for) a Contingency Fund for State Welfare Programs for payments to certain eligible participating States. Makes necessary appropriations. Sets up a Federal loan program for certain State TEA programs for anti-fraud and other specified activities. Makes necessary appropriations. Establishes penalties for States and individual families for specified grant and program violations, respectively, through reduced grants and assistance payments. Allows States to terminate assistance payments, but prohibits assistance reduction or termination based on a refusal of an adult to work if the adult is a single custodial parent caring for a child under age six and unable to obtain needed child care for one or more specified reasons. Provides for State appeal of Federal adverse decisions with respect to State plans or imposition of penalties. Outlines specific program data collection and reporting requirements, as well as certain research, evaluation, and study requirements. Makes necessary appropriations. Provides for TEA grants to Indian tribes (with a special rule for Alaskan Native tribes). Makes necessary appropriations. Directs the Bureau of the Census to expand the Survey of Income and Program Participation to obtain information enabling interested persons to evaluate the impact of this title on a random national sample of State TEA recipients and other appropriate low-income families. Makes necessary appropriations. Provides for the treatment of current and previously granted State AFDC (welfare reform) waiver projects. Retains the HHS Assistant Secretary for Family Support as the official responsible for administering SSA title IV part A and D programs. Expresses the sense of the Congress encouraging each State operating a TEA program to: (1) assign the highest priority to requiring adults in two-parent families and in single-parent families with older preschool or school-age children to engage in work activities; and (2) require non-custodial, nonsupporting parents under age 18 to fulfill community work obligations and attend appropriate parenting or money management classes after school. (Sec. 104) Allows States to contract with charitable, religious, or private organizations to provide services and administer programs established or modified by this Act, or to provide program beneficiaries with certificates, vouchers, or other forms of disbursement redeemable with such organizations. Prohibits the expenditure of financial assistance under such programs for sectarian worship, instruction, or proselytization. (Sec. 105) Directs the Secretary of Commerce to expand the data collection efforts of the Bureau of the Census to enable it to collect certain data on grandparent caregivers. (Sec. 106) Directs the HHS Secretary to report to the Congress on the status of State automated data processing systems used in administering State programs under SSA title IV part A. (Sec. 107) Requires the HHS Secretary to report to the Congress on outcomes measures for evaluating the success of the States in moving individuals out of the welfare system through employment as an alternative to the minimum participation rates under mandatory TEA work requirements. (Sec. 108) Makes conforming amendments to SSA, the Food Stamp Act of 1977, and related provisions of other specified Federal laws. (Sec. 111) Directs the Commissioner of Social Security (Commissioner) to develop a prototype of a counterfeit-resistant social security card and study and report to the Congress on different methods of improving the social security card application process. (Sec. 112) Requires any organization accepting Federal funds under this Act to disclose that fact in any communication it makes that intends to promote public support or opposition to any Federal, State, or local government policy through any broadcasting station, periodical, or other specified type of general public advertising. Makes any organization failing to make such a disclosure ineligible to receive Federal funds under this Act. (Sec. 113) Amends the Family Support Act of 1988 to remove the "demonstration" status of the Job Opportunities for Certain Low-Income Individuals (JOLI) program and give it an increased annual authorization for any fiscal year. Title II: Supplemental Security Income - Subtitle A: Eligibility Restrictions - Amends SSA title XVI (Supplemental Security Income) (SSI) to: (1) deny SSI by reason of disability to drug addicts and alcoholics for whom addiction or alcoholism would be a contributing factor material to the disability determination; (2) revise representative payee and treatment requirements; (3) deny SSI benefits for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States; (4) deny SSI benefits for fugitive felons and probation and parole violators; and (5) outline the process for periodic review with respect to the continuing eligibility of an individual 18 years of age or older to receive certain SSI disability benefits. Provides certain supplemental funding for alcohol and substance abuse treatment programs. Subtitle B: Benefits for Disabled Children - Revises the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying the medical criteria for evaluation of mental and emotional disorders, and discontinuing the use of individualized functional assessments for children. Requires the Commissioner to redetermine the eligibility of any individual under age 18 receiving SSI benefits based on a disability as of the enactment of this Act, and whose eligibility for such benefits may terminate by reason of this Act. (Sec. 212) Provides that at least once every three years the Commissioner shall review the continued SSI eligibility of each individual who has not attained age 18 and is eligible for such benefits by reason of an impairment (or combination of impairments) which may improve (or, which is unlikely to improve, at the option of the Commissioner). Requires a parent or guardian of a recipient whose case is so reviewed to present evidence that the recipient is and has been receiving treatment of the condition which was the basis for the SSI benefits. Provides that if an individual is eligible for SSI disability benefits for the month preceding the month in which the individual attains age 18, the Commissioner shall redetermine such eligibility: (1) during the one year period beginning on the individual's 18th birthday; and (2) by applying the criteria used in determining the initial eligibility for applicants who have attained age 18. Outlines specific requirements governing: (1) continuing disability reviews for low birth weight babies; and (2) benefit payments through representative payees to eligible individuals and their spouses. (Sec. 214) Provides for a reduction in cash SSI benefits payable to institutionalized individuals whose medical costs are covered by private insurance. (Sec. 215) Reduces by specified basic needs and earned income disregard allocations the amount of parental income attributed to disabled children. Subtitle C: State Supplementation Programs - Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits. Subtitle D: Studies Regarding Supplemental Security Income Program - Requires the Commissioner of Social Security to report annually to the President and the Congress regarding the SSI program and to make arrangements with the National Academy of Sciences, or other independent entity, to study the disability determination process under SSA titles II and XVI for similar reports. (Sec. 233) Directs the Comptroller General to study and report on the: (1) impact of this title on the SSI program; and (2) extra expenses incurred by families of children receiving SSI benefits that are not covered by other Federal, State, or local programs. Subtitle E: National Commission on the Future of Disability - Establishes the National Commission on the Future of Disability to develop and report to the President and the Congress: (1) a comprehensive study of all matters related to the nature, purpose, and adequacy of all Federal programs serving individuals with disabilities, including the programs under SSA titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI; and (2) recommendations for appropriate action. Authorizes appropriations. Title III: Child Support - Subtitle A: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children. (Sec. 302) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family. (Sec. 303) Requires State plans to establish procedural guidelines for: (1) privacy safeguards regarding paternity and child support actions; and (2) notification of State plan services applicants or recipients about all proceedings and orders affecting child support obligations. Subtitle B: Locate and Case Tracking - Mandates that single statewide automated data systems include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries. (Sec. 312) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. Permits the unit to be established by linking local disbursement units through an automated information network if the Secretary agrees that it will not cost more or take more time to establish or operate than a centralized system. (Sec. 313) Requires State plans to: (1) provide for a State-operated and automated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires. (Sec. 314) Requires States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which wages of a person with a support obligation imposed by a child support order issued before October 1, 1996, shall become subject to withholding if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 315) Requires the States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes. (Sec. 316) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) establishing, setting the amount of, modifying, or enforcing child support obligations; and (3) enforcing child custody or visitation orders. Directs the HHS Secretary to establish in the Federal Parent Locator Service an automated Federal Case Registry of Child Support Orders and an automated National Directory of New Hires. (Sec. 317) Requires States to have statutorily prescribed procedures requiring recordation on such documents of the Social Security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) deceased individuals (on death records). Subtitle C: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1998. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 323) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations. Subtitle D: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. Requires State procedures under which the name of the father shall be included on the birth certificate only: (1) if the mother and father have signed a voluntary acknowledgment of paternity; or (2) pursuant to a judicial or administrative order. (Sec. 333) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support. Subtitle E: Program Administration and Funding - Directs the Secretary to develop a new incentive system to replace the current one. Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs. (Sec. 342) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 344) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 345) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Subtitle F: Establishment and Modification of Support Orders - Revises the requirements for State plan procedures for the review and adjustment of support orders. (Sec. 352) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards. (Sec. 353) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for any person knowingly or negligently violating such prohibition. Subtitle G: Enforcement of Support Orders - Amends Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount. (Sec. 362) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of members of the Armed Forces. (Sec. 364) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor. (Sec. 365) Requires a State plan for child and spousal support to include specified procedures: (1) to ensure that persons owing past-due support work or participate in work activities the court deems appropriate; (2) to report to credit bureaus the name of the parent in arrears for child support; (3) to provide for liens against real and personal property for the support arrearages of an absent parent; and (4) to implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages. (Sec. 370) Instructs the Secretary of State to deny a passport to any individual certified by the Secretary of Health and Human Services to be in arrears of more than $5,000 for child support payments. Authorizes revocation, restriction or limitation of a previously issued passport in connection with such individuals. (Sec. 371) Authorizes the Secretary of State, with the concurrence of the HHS Secretary, to declare any foreign country a reciprocating country if it has established, or undertakes to establish, procedures for the establishment and enforcement of child support obligations whose obligees are U.S. citizens. Provides for revocation of such declaration in certain circumstances. Designates the HHS Secretary as the central authority for such enforcement. (Sec. 372) Requires States to have statutorily prescribed procedures under which a State agency shall enter agreements with financial institutions doing business within the State to develop and operate a data match system to provide identifying information for each noncustodial parent targeted by the State who maintains an account at the institution, and to encumber or surrender such parent's assets at the institution pursuant to a lien or levy. (Sec. 373) Requires States to have statutorily prescribed procedures under which child support orders relating to the child of minor parents, where the custodial parents are receiving assistance, are enforceable against the child's paternal or maternal grandparents. (Sec. 374) Amends Federal bankruptcy law to make nondischargeable in bankruptcy any debts owed to a State or municipality for child support. Subtitle H: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. (Sec. 377) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child. Subtitle I: Enhancing Responsibility and Opportunity for Non- Residential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate noncustodial parents' access to their children. Subtitle J: Effect of Enactment - Sets forth effective dates for this title. Title IV: Restricting Welfare and Public Benefits for Aliens - Subtitle A: Eligibility for Federal Benefits - Denies Federal public benefits (except certain emergency disaster relief, public health, housing, and child nutrition benefits) to non-qualified aliens. (Sec. 402) Denies SSI and food stamp eligibility to all but certain qualified aliens, who may receive only limited benefits. (Sec. 403) Makes qualified aliens ineligible (with limited exceptions) for Federal means-tested public benefits for the first five years after U.S. entry. Amends SSA and the United States Housing Act of 1937 to provide for reporting of certain illegal alien information to the Immigration and Naturalization Service (INS). Subtitle B: Eligibility for State and Local Public Benefits Programs - Makes an alien who is not a qualified alien, a nonimmigrant, or a parolee for less than one year ineligible for State or local benefits (except certain emergency disaster relief, public health, housing, and child nutrition benefits). (Sec. 412) Authorizes States, with certain exceptions, to determine eligibility for State means-tested public benefits for qualified aliens, nonimmigrants, or certain parolees. Subtitle C: Attribution of Income and Affidavits of Support - Deems the income and resources of any alien over age 18 (who is not pregnant) applying for Medicaid and SSA title XXI benefits to include: (1) the income and resources of any person who executed an affidavit of support on the alien's behalf; and (2) the income and resources of the person's spouse (if any). (Sec. 422) Authorizes States to make similar attributions with respect to State programs (except certain emergency disaster relief, public health, housing, and child nutrition benefits). Subtitle D: General Provisions - Sets forth definitions and requires appropriate regulations by the Attorney General for State use. Subtitle E: Conforming Amendments - Makes conforming amendments to the Housing and Community Development Act of 1980 and the Housing Act of 1949. Title V: Reductions in Federal Government Positions - Outlines the mechanism for various specified Federal executive agency workforce reductions, requiring submission to specified congressional committees of determinations about the number of full-time equivalent (FTE) positions of their respective departments by the Secretaries of Agriculture, of Education, of Labor, of Housing and Urban Development, and of HHS. Requires the Secretaries to make FTE reductions, including reductions-in-force, over the ensuing 14 months. Requires the Comptroller General to analyze and report to such committees on such determinations, with recommendations for further FTE reductions, if appropriate. (Sec. 502) Requires the HHS Secretary to reduce the Federal workforce within HHS: (1) by 75 percent of the FTE positions relating to any direct or indirect discretionary spending program converted into a block grant program by this Act (including 245 FTE positions related to the program converted into TEA block grants); and (2) by 75 percent of a proportionate number of the total FTE departmental management positions (including 60 FTE managerial positions related to the program converted into TEA block grants). (Sec. 503) Encourages the HHS Secretary to reduce personnel in the Washington, D.C., area office (agency headquarters) before reducing field personnel. Title VI: Reform of Public Housing - Amends the United States Housing Act of 1937 to prohibit increased housing assistance (except instances of limited-time frame benefits) to a family whose benefits under other public assistance programs have been reduced because of noncompliance. (Sec. 602) States that a person whose benefits under a means-tested welfare or public assistance program have been reduced because of fraud shall not, during such reduction period, receive an income-based increase in any other means-tested assistance program. Title VII: Child Care - Child Care and Development Block Grant Amendments of 1995 - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for FY 1996 through 2002. (Sec. 703) Amends part A (TEA) of title IV of the Social Security Act to establish a general child care assistance entitlement program funded by Federal grants to the States. Authorizes appropriations. Prescribes program parameters. (Sec. 708) Repeals the program requirement for early childhood development and before- and after-school services. Revises enforcement guidelines to require a State to reimburse the Secretary for funds improperly expended on prohibited or non-authorized purposes. (Sec. 712) Revises the Secretary's congressional reporting requirements to mandate biannual reports to the House Committee on Economic and Educational Opportunities. (Sec. 713) Authorizes an Indian tribe or tribal organization to use Federal funds for the construction or renovation of child care facilities. (Sec. 715) Repeals the Child Development Associate Scholarship Assistance Act of 1985 and the State Dependent Care Development Grants Act. Repeals funding authority for certain programs of national significance, involving: (1) child care for children of at-risk students; (2) alternative programs for bilingual and special education students; and (3) rural child care centers for student parents and their children. Repeals funding authority for Native Hawaiian Family-based Education Centers. Title VIII: Child Nutrition Programs - Subtitle A: National School Lunch Act - Amends the National School Lunch Act (NSLA) to repeal specified authorities and requirements for the school lunch and related programs, including: (1) State educational authority to use resources from the nutrition and education (NET) program; (2) prohibition of State imposition of teaching personnel and curriculum requirements at any school; (3) certain demonstration grants to private nonprofit organizations or educational institutions for elementary school curriculum food and nutrition projects; (4) aspects of summer food service programs, reducing payment rates and daily meals at camps, reducing the National Youth Sports Program, and revising nutritional standards compliance requirements; (5) certain commodity distribution program requirements, including State Advisory Councils; (6) expansion of the child care food program; (7) adult care food aid to adult day care centers and services for persons over 60; (8) certain pilot projects, including one for paperwork reduction; and (9) an information clearinghouse. (Sec. 807) Prohibits, in general, any waiver that will increase Federal costs. (Sec. 810) Provides for grants for State assistance to family or group day care homes. Directs the Secretaries of Agriculture and of Health and Human Services to study and report to specified congressional committees on the impact of this title on adult food care program participation and family day care licensing. Subtitle B: Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 to revise the school breakfast program: (1) eliminating Federal assistance for food preparation training and program expansion and start-up costs; (2) repealing certain authorities and requirements relating to State administrative expenses; (3) repealing the prohibition against State imposition of teaching personnel and curriculum requirements at any school; (4) repealing the program of cash grants for nutrition education. (Sec. 830) Revises the special supplemental nutrition program for women, infants, and children (WIC), among other things repealing specified requirements and changing from mandatory to optional: (1) drug abuse education; and (2) provision of WIC information in languages other than English. (Sec. 832) Makes the Nutrition and Education program discretionary rather than mandatory. Authorizes appropriations. Title IX: Food Stamp Program and Related Programs - Amends the Food Stamp Act of 1977 to: (1) increase the standard deduction from income resources for eligibility purposes; (2) treat electronic benefit transfer cards and personal identification (PIN) numbers as coupons; (3) count vendor payments for transitional housing as income; (4) increase penalties for specified program violations; (5) revise disqualification penalties and periods, and their applications to entire households, for persons refusing to comply with work requirements; (6) revise general exemptions from employment and training requirements and funding for related programs; and (7) mandate disqualification of individuals for multiple receipt of food stamp benefits, of fleeing felons, and of individuals delinquent in child support payments. (Sec. 915) Authorizes State food stamp disqualification of a household member also disqualified from another means-tested public assistance program for failure to perform an action required for such program under Federal, State, or local law. (Sec. 918) Makes it an eligibility requirement for custodial parents to cooperate with child support agencies. (Sec. 920) Prescribes additional work requirements for able-bodied food stamp recipients. Requires State agencies to implement electronic benefit transfer systems. (Sec. 924) Provides for: (1) optional combined value allotments for expedited households; and (2) allotments to individuals residing in drug or alcohol abuse treatment centers. (Sec. 925) Authorizes reduction in State food stamp benefits of a household for whom benefits are also reduced in another means-tested public assistance program for a similar failure. (Sec. 927) Authorizes regulations to establish specific authorization periods, and specific periods for prohibiting participation of stores based on lack of business integrity. (Sec. 931) Revises requirements for State agency procedures for food stamp office operation. Augments the kinds of information (including retailer information) that may be exchanged among Federal, State, and local law enforcement agencies. Authorizes the suspension of stores violating program requirements pending administrative and judicial review. (Sec. 939) Mandates regulations for: (1) food stamp program disqualification of retailers disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); and (2) the permanent debarment of retailers who intentionally submit falsified applications. Subjects food stamp benefits to civil and criminal forfeiture for benefit violations. (Sec. 948) Authorizes States to operate simplified food stamp programs according to specified requirements. Repeals the authority to conduct specified pilot projects and the Food Bank Demonstration Project. (Sec. 949) Revises State plan requirements for the emergency food assistance program. Title X: Miscellaneous - Provides, among other things, for: (1) the expenditure of Federal funds received by a State under TEA and certain other Federal programs only in accordance with laws and procedures applicable to expenditure of the State's own revenues; (2) elimination of housing assistance with respect to fugitive felons and probation and parole violators; (3) certain options for State consideration of the resources of an ineligible household member when determining the food stamp eligibility and allotment of such individual's household; and (4) an increase in funding for abstinence education under SSA title V (Maternal and Child Health Services). (Sec. 1003) Expresses the sense of the Senate that Congress should adopt enterprise zone legislation in the 104th Congress providing for various specified incentives, regulatory reforms, and pilot projects. (Sec. 1004) Expresses the sense of the Senate that States: (1) should diligently continue their efforts to enforce child support payments by the non-custodial parent; and (2) should pursue pilot programs in which the parents of a non-adult, non-custodial parent who refuses to or is unable to pay child support must pay or contribute to the child support owed by the non-custodial parent or otherwise fulfill all financial obligations and meet all conditions imposed on the non-custodial parent, such as participation in a work program or other related activity. (Sec. 1006) Directs the HHS Secretary to: (1) implement a certain strategy for preventing out-of-wedlock teenage pregnancies and assuring that at least 25 percent of U.S. communities have teenage pregnancy prevention programs; and (2) report to the Congress on the State programs so implemented to determine their progress. (Sec. 1007) Expresses the sense of the Senate that States and local jurisdictions should aggressively enforce statutory rape laws. (Sec. 1008) Declares that States shall not be prohibited by the Federal Government from sanctioning welfare recipients who test positive for use of controlled substances. (Sec. 1010) Amends the Electronic Fund Transfer Act to generally exempt from the required disclosures, protections, responsibilities, and authorized remedies of such Act, and any implementing regulation prescribed by the Federal Reserve Board, any electronic benefit transfer program established under State or local law or administered by a State or local government that distributes needs-tested benefits. (Sec. 1011) Amends SSA title XX (Block Grants to States for Social Services) to reduce the authorization of appropriations for social services block grants. (Sec. 1012) Encourages the HHS Secretary to work in coordination with State agencies to ensure the efficient use of Federal transportation funds by recipients of public assistance under this Act.
United States · United States Congress · 23 May 1996
Shore Protection Act of 1996 - Includes as U.S. policy the prevention of damage to U.S. beaches and the promotion of shore protection projects (projects) and related research that encourages the protection, restoration, and enhancement of sandy beaches. Directs the Secretary of the Army to: (1) recommend, conduct, and report to the Congress on studies concerning projects that meet established criteria; (2) recommend to the Congress the authorization or reauthorization of projects based on study results; (3) consider the economic, ecological, local, and regional benefits of such projects; and (4) carry out the projects in coordination with any other Federal projects. Directs the Secretary to: (1) construct any project authorized by the Congress for which funds have been appropriated through a construction agreement with a non-Federal interest; (2) report annually to the appropriate congressional committees on the status of all ongoing shore protection studies and projects; and (3) reimburse non-Federal interests (currently, local interests) for work done on authorized projects (current law) or separable elements of such projects. Amends the Water Resources Development Act of 1992 to require similar written agreements with non-Federal interests for shoreline projects carried out under such Act. Authorizes the Secretary to: (1) cooperate with a State in the preparation of a comprehensive State or regional plan for the conservation of coastal resources; (2) encourage State participation in plan implementation; and (3) submit reports and recommendations to the Congress concerning Federal participation in such plan. Amends the Flood Control Act of 1970 to include within authorized projects shore protection projects, including beach nourishment and the replacement of sand.
United States · United States Congress · 19 April 1996
Provides for observation of a moment of silence at 9:02 a.m. central daylight time on April 19, 1996, in remembrance of the victims of the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Commends the people of Oklahoma and the aid provided by rescuers, Federal agencies, countless volunteers, and Federal employees. Reaffirms trust in our system of justice to ensure that the perpetrators are convicted and punished.
United States · United States Congress · 16 April 1996
Sexual Offender Tracking and Identification Act of 1996 - Amends the Jacob Wetterling Crimes Againt Children and Sexually Violent Offender Registration Act (Wetterling Act) to direct the Attorney General to establish a national database at the Federal Bureau of Investigation (FBI) to track the whereabouts and movement of each person who: (1) has been convicted of a criminal offense against a minor or a sexually violent offense; or (2) is a sexually violent predator. Requires each such person who resides in a State that has not established a minimally sufficient sexual offender registration program to register a current address, a set of fingerprints, and a current photograph of that person with the FBI for inclusion in such database: (1) until ten years after the date on which the person was released from prison or placed on parole, supervised release, or probation; or (2) for the life of the person if that person has two or more convictions for any such offense, has been convicted of aggravated sexual abuse under Federal law or comparable State law, or has been determined to be a sexually violent predator. Sets forth provisions regarding: (1) verification procedures; and (2) notification of the FBI of changes in residence. Authorizes the FBI to release relevant information concerning a person required to register that is necessary to protect the public, but prohibits the FBI from releasing the identity of any victim of an offense that requires registration. Requires fingerprints to be obtained and verified: (1) by the FBI or a local law enforcement official, pursuant to regulations issued by the Attorney General, for each person required to register; and (2) in accordance with State requirements in a State that has a minimally sufficient sexual offender registration program. Authorizes the FBI to collect fees to offset the costs of certain fingerprint verification. Sets forth penalties for knowingly failing to register. Requires disclosure of the information collected by the FBI to: (1) Federal, State, and local criminal justice agencies for law enforcement and community notification purposes; and (2) such agencies conducting legitimate employment-related background checks for private organizations under the National Child Protection Act. (Sec. 3) Amends the Wetterling Act to: (1) mandate that a person required to register continue to comply with requirements of such subtitle for life if such individual has one or more prior convictions of a sexually violent offense against a minor (sexually violent offense), has been convicted of an aggravated sexually violent offense, or has been determined to be a sexually violent predator; (2) include victim rights advocates and representatives from law enforcement agencies on the State board that reports to the court regarding determinations that a person is or is no longer a sexually violent predator; (3) provide that each requirement to register also requires the submission of a set of fingerprints; and (4) require such person to include with the verification form a set of fingerprints and a photograph.
United States · United States Congress · 15 April 1996
Pays tribute to the remarkable life and career of Ronald H. Brown (the late Secretary of Commerce) and to the contributions of all those who perished in the airplane accident on April 3, 1996, while in service to their country on a mission to Bosnia. Extends condolences to the victims' families.
United States · United States Congress · 12 March 1996
Directs the Attorney General to: (1) transfer flunitrazepam from schedule IV to schedule I of the Controlled Substances Act; and (2) add ketamine hydrochloride to schedule II of such Act.
United States · United States Congress · 12 March 1996
Biological Agents Enhanced Penalties and Control Act - Amends the Federal criminal code to expand prohibitions with respect to biological weapons to include attempts, threats, and conspiracy to engage in the proscribed conduct. Authorizes the United States to obtain in a civil action an injunction against threats to engage in such conduct. Redefines: (1) "biological agent" to cover certain biological products that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product; (2) "toxin" to include the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, including certain poisonous biological products that may be engineered as a result of biotechnology or other specified biological products; and (3) "vector" to include certain molecules, including recombinant molecules, or biological products that may be engineered as a result of biotechnology. Expands code provisions regarding the use of mass destruction weapons to include threats to use such weapons and to cover any biological agent, toxin, or vector. Directs the Secretary of Health and Human Services to establish and maintain a list of each biological agent that has the potential to pose a severe threat to public health and safety. Sets forth criteria for inclusion in the list. Requires the Secretary to provide for: (1) the establishment and enforcement of safety procedures for the transfer of listed biological agents; (2) safeguards to prevent access to such agents for use in domestic or international terrorism or for other criminal purposes; (3) the establishment of procedures to protect the public safety in the event of a transfer or potential transfer of a biological agent in violation of established safety procedures or safeguards; and (4) appropriate availability of biological agents for research, education, and other legitimate purposes. Sets forth a timetable for the Secretary to issue interim, proposed, and final rules.
United States · United States Congress · 29 February 1996
Condemns the terror attacks in Jerusalem and Ashkelon. Extends condolences to the victims' families and to the Government and people of Israel. Calls upon: (1) the Palestinian Authority, the elected Palestinian Council, and Chairman Arafat to apprehend the perpetrators of terror attacks, to do more to prevent such acts in the future, and to eschew all statements and gestures which signal tolerance for such acts and their perpetrators; and (2) the Authority and the Council to take all possible action to eliminate terrorist activities by Hamas, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, and all other such terror groups. Urges: (1) all parties to the peace process to bring to justice the perpetrators of acts of terrorism and to cease harboring, financing, and arming terror groups; and (2) the Clinton Administration to act against those who continue to harbor, arm, or finance terror groups seeking to undermine the peace process.
United States · United States Congress · 30 January 1996
Commends the men and women who have served or are presently serving in the American Foreign Service and honors those who have given their lives in the line of duty. Designates the first Friday in May 1996 as American Foreign Service Day.
United States · United States Congress · 22 December 1995
Parole Commission Phaseout Act of 1995 - Amends the Sentencing Reform Act of 1984 to extend by five years the term of the United States Parole Commission. Authorizes the Commission to perform its functions with any quorum of Commissioners as the Commission may prescribe. Repeals a provision extending the term of office of a Commissioner who is in office on the effective date of such Act to the end of the five-year period after such date (thus reducing the size of the Commission).
United States · United States Congress · 22 December 1995
TABLE OF CONTENTS: Title I: Restitution Title II: Miscellaneous Provisions Victims Justice Act of 1995 - Title I: Restitution - Amends the Federal criminal code to require the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses (see Sec. 103). Authorizes the court to order restitution in certain other cases. Makes specified procedures (see Sec. 105) applicable to all orders of restitution. Requires the court to provide, as an explicit condition of a sentence of probation, that the defendant make restitution as ordered, pay the assessment imposed, and notify the court of any material change in his or her economic circumstances that might affect his or her ability to pay restitution, fines, or special assessments. Repeals specified restrictions on the court's authority to order the making of restitution. (Sec. 103) Directs the court to order, in addition to any other penalty authorized by law, that the defendant make restitution to the victim of the offense or, if the victim is deceased, to the victim's estate. Defines "victim" as a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered, including any person directly harmed by the defendant's criminal conduct in the course of an offense that involves a scheme, conspiracy, or pattern of criminal activity. Permits a legal guardian or the representative of the victim's estate (other than the defendant), another family member, or any other person appointed as suitable by the court to assume the victim's rights in the case of a victim who is under age 18, incompetent, incapacitated, or deceased. Sets forth provisions regarding: (1) restitution to persons other than the victim; (2) the form and amount of restitution; and (3) plea agreements not resulting in a conviction. Requires restitution in all sentencing proceedings for convictions of, or plea agreements relating to charges for, any offense: (1) that is a crime of violence, an offense against property (including fraud), or an offense relating to tampering with consumer products; or (2) in which an identifiable victim has suffered a physical injury or pecuniary loss. Makes exceptions where the number of identifiable victims is so large as to make restitution impracticable or where determining complex issues of fact or the amount of the victim's losses would create an excessive burden on the sentencing process. (Sec. 104) Authorizes the court, when sentencing a defendant convicted of specified offenses under the Controlled Substances Act, to order that the defendant make restitution to any victim of such offense. Specifies that a participant in an offense may not be considered a victim of the offense. Specifies that, in determining whether to order restitution, the court: (1) shall consider the amount of the loss sustained by each victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents, and such other factors as the court deems appropriate; and (2) may decline to order restitution upon determining that the complication and prolongation of the sentencing process resulting from fashioning such an order outweighs the need to provide restitution to any victims. Sets forth provisions regarding situations in which there is no identifiable victim. Directs that an order of restitution in such case be based on the amount of public harm caused by the offense. Limits the amount of such restitution ordered to the amount of the fine ordered for the offense charged in the case. Directs that such restitution be distributed as follows: 65 percent to the Victim Assistance Administration of the State in which the crime occurred and 35 percent to the State entity designated to receive Federal substance abuse block grant funds. Prohibits the court from making an award if it appears likely that such award would interfere with a civil or criminal forfeiture. Specifies that certain penalty assessments or fines shall take precedence over a restitution order. Directs that requests for community restitution be considered in all plea agreements negotiated by the United States. Requires the Commission to promulgate guidelines to assist courts in determining the amount of restitution that may be ordered. Prohibits any restitution from being ordered under this section until such time as the Commission promulgates its guidelines. Makes conforming changes to the Violence Against Women Act of 1994 and to telemarketing fraud provisions of the Federal criminal code. (Sec. 105) Revises procedures for the issuance and enforcement of restitution orders. Directs the court to: (1) order the probation service of the court to obtain and include in its presentence report, or in a separate report, information sufficient for the court to exercise its discretion in fashioning a restitution order (which shall include a complete accounting of the losses to each victim, any restitution owed pursuant to a plea agreement, and information relating to the economic circumstances of each defendant); and (2) disclose to both the defendant and the attorney for the Government all portions of the report pertaining to such matters. Directs the probation service to inform the court if the number or identity of victims cannot be reasonably ascertained, or other circumstances exist that make such requirement impracticable. Makes specified provisions of the Federal criminal code and Rule 32(c) of the Federal Rules of Criminal Procedure the only rules applicable to proceedings for the issuance and enforcement of restitution orders. Directs the attorney for the Government, within 60 days after conviction and not later than ten days prior to sentencing, to: (1) provide the probation service of the court with a listing of the amounts subject to restitution, after consulting with all identified victims; (2) provide notice to all such victims of the offenses of which the defendant was convicted, the listing of amounts subject to restitution, the victim's right to submit information concerning losses, and the scheduled date, time, and place of the sentencing hearing; (3) advise any victim that he or she may file a separate affidavit relating to his or her losses. Directs each defendant (within such time frame) to prepare and file with the probation service an affidavit fully describing the defendant's financial resources. Authorizes the court, after reviewing the report of the probation service, to require additional documentation or hear testimony. Specifies that the privacy of any such records filed or testimony heard shall be maintained and such records may be filed or testimony heard in camera. Directs the attorney for the Government to inform the court if the victim's losses are not ascertainable ten days prior to sentencing and the court shall set a date for the final determination of the victim's losses. Provides a victim who subsequently discovers further losses 60 days after discovery to petition the court for an amended restitution order (which order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitutionary relief). Sets forth provisions regarding referral of any issue arising in connection with a proposed restitution order to a magistrate or special master. Directs the court to order restitution to each victim in the full amount of each victim's losses as determined by the court without consideration of the defendant's economic circumstances. Sets forth further requirements, including provisions regarding the form of payments, situations involving multiple defendants, a prohibition on considering the fact that a victim has received compensation with respect to a loss from insurance or any other source in determining the amount of restitution, notification of material changes in the defendant's economic circumstances, and such adjustment of the payment schedule as the interests of justice require. Specifies that: (1) a defendant's conviction for an offense involving the act giving rise to a restitution order shall estop the defendant from denying the essential allegations of that offense in any subsequent Federal civil proceeding or State civil proceeding, to the extent consistent with State law, brought by the victim; and (2) a restitution order may be enforced by the United States, as specified, or by a victim named in the order, in the same manner as a judgment in a civil action. Requires a person obligated to provide restitution or pay a fine who receives substantial resources from any source, including inheritance, settlement, or other judgment, during a period of incarceration, to apply the value of such resources to any restitution or fine still owed. (Sec. 106) Amends Rule 32(b) of the Federal Rules of Criminal Procedure to require that: (1) a presentence investigation and report, or other report containing information sufficient for the court to enter an order of restitution, be required in any case in which restitution is required to be ordered; and (2) a presentence report contain, in appropriate cases, information sufficient for the court to enter an order of restitution. Adds restitution to existing provisions governing the imposition of a fine in Federal criminal cases. Directs the court to impose a fine or other monetary penalty only to the extent that such fine or penalty will not impair the ability of the defendant to make restitution required to a victim other than the United States. Sets forth provisions regarding payment schedules, notification to the court of material changes in the defendant's economic circumstances, and default on a restitution fine or payment. Adds restitution provisions to provisions governing the post-sentence administration of fines, including collection. Makes it the responsibility of each victim to notify the Attorney General or the appropriate court entity of any change in the victim's mailing address while restitution is still owed. Directs that the confidentiality of any information relating to a victim be maintained. Sets priorities for the disbursement of money received from a defendant. Authorizes the court, upon a finding that the defendant is in default on a payment of a fine or restitution, to revoke or modify the terms or conditions of probation or a term of supervised release, resentence a defendant, hold the defendant in contempt of court, enter a restraining order or injunction, order the sale of property of the defendant, accept a performance bond, enter or adjust a payment schedule, or take any other action necessary to obtain compliance with the order of a fine or restitution. Allows any hearing arising out of such default to be conducted by a magistrate judge, subject to de novo review by the court. Requires that proceedings in which the participation of a defendant who is confined in a correctional facility is required or permitted be conducted by telephone, video conference, or other communications technology without removing the prisoner from the facility. Prohibits incarcerating a defendant solely on the basis of inability to make payments because of indigency. (Sec. 107) Directs the United States Sentencing Commission to amend or promulgate guidelines to reflect this Act and the amendments made by this Act. (Sec. 108) Requires the Attorney General to amend or promulgate guidelines to carry out this Act and to ensure that: (1) in all plea agreements negotiated by the United States, consideration is given to requesting that the defendant provide full restitution to all the victims; and (2) restitution orders are enforced to the fullest extent of the law. (Sec. 109) Doubles the special assessments on persons convicted of a felony in Federal cases. Title II: Miscellaneous Provisions - Amends the Victims of Crime Act of 1984 to: (1) prohibit payments to delinquent criminal debtors by State crime victim compensation programs; and (2) exclude victim assistance from income for purposes of determining eligibility for Federal benefits. (Sec. 202) Authorizes the Director of the Office for Victims of Crime to make supplemental grants to States: (1) to provide compensation and assistance to residents who, while outside the United States, are victims of a terrorist act or mass violence, subject to specified limitations; and (2) for eligible crime victim compensation and assistance programs to provide emergency relief for the benefit of victims of domestic terrorist acts or mass violence and to provide funding to U.S. Attorney's Offices for use in coordination with State efforts in providing emergency relief. Sets forth or revises provisions regarding the funding of compensation and assistance to victims of terrorism, mass violence, and crime, the use of unobligated funds, and the base amount. (Sec. 203) Sets forth provisions regarding the severability of this Act. (Sec. 204) Directs: (1) the Attorney General, in cooperation with the Director of the Administrative Office of the United States Courts, to conduct a study of the funds paid out of the Crime Victims Fund and the impact that the amendments made by this Act have on sums available in the Fund; and (2) the Attorney General and the Director to report interim findings to the Chairman and ranking Member of the House and Senate Judiciary Committees.
United States · United States Congress · 20 December 1995
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 · 12 December 1995
Senior Citizens' Freedom to Work Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age. Retains the current limit on substantial gainful activity earnings applicable to individuals under age 65 who are eligible for disability benefits based on blindness. (Sec. 3) Provides that an individual shall not be considered to be disabled for OASDI purposes, or for supplemental security income (SSI) purposes under SSA title XVI (thus denying them benefits), if alcoholism or drug addiction would be a contributing factor material to the determination of disability. (Continues disability benefits based on a separate disabling condition to individuals also disabled by drug addiction or alcoholism.) Requires the payment of OASDI or SSI benefits based on disability to a representative payee if such payment would serve the interest of an individual who also has an alcoholism or drug addiction condition that prevents the individual from managing such benefits. Requires the Commissioner of Social Security (the Commissioner) to refer such individual to the appropriate State agency administering the approved State plan for substance abuse treatment services. Appropriates additional specified amounts to supplement State and Tribal alcohol and substance abuse treatment programs funded under the Public Health Service Act. Requires State or Tribal governments receiving such an allotment to consider as priorities activities relating to the treatment of the abuse of alcohol and other drugs. (Sec. 4) Bases entitlement of stepchildren to child's insurance benefits solely on their actual dependency on stepparent support. Repeals the requirement that the stepchild actually be living with the stepparent. Requires termination of any child's insurance benefits based on the wages and self-employment income of the stepparent the month after the month in which the natural parent's divorce from the stepparent becomes final. (Sec. 5) Establishes a Continuing Disability Review Administration Revolving Account for OASDI disability benefits in the Federal Disability Insurance Trust Fund. Directs the Chief Actuary of the Social Security Administration (Chief Actuary), as established by this Act, to estimate annually the present value of savings to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund which will accrue for all years because of cessations of benefit payments resulting from continuing disability reviews carried out pursuant to specified requirements during the fiscal year. Directs the Managing Trustee to: (1) transfer to the Account from amounts otherwise in the Trust Fund an amount equal to the estimated savings certified by the Chief Actuary; and (2) make available to the Commissioner from funds in the Account an amount certified by the Chief Actuary as currently required to meet expenditures necessary to provide for required continuing disability reviews (including expenditures for the cost of staffing, training, purchase of medical and other evidence, and processing related to appeals and overpayments and related indirect costs). Includes as required information in a specified annual report a final accounting of amounts transferred to the Continuing Disability Review Administration Revolving Account in the Federal Disability Insurance Trust Fund during the year, including a comparison of the number of continuing disability reviews conducted during the year with the estimated number of continuing disability reviews upon which the estimate of such expenditures was made. Terminates the Continuing Disability Review Administration Revolving Account at the end of FY 2002, providing that any balance in such Account shall revert to funds otherwise available in the Federal Disability Insurance Trust Fund. Provides for appointment by the Commissioner of a Chief Actuary in the SSA. (Sec. 6) Prohibits, with respect to the Federal Old-Age and Survivors Insurance, Disability Insurance, Hospital Insurance, and Supplementary Medical Insurance Trust Funds, Federal officials or employees from: (1) delaying the deposit of any amount into (or delaying the credit of any amount to) any such fund or otherwise varying from the normal terms, procedures, or timing for making such deposits or credits; (2) refraining from the investment in public debt obligations of amounts in any such fund, if a purpose of such action or inaction is to not increase the amount of outstanding public debt obligations; or (3) disinvesting amounts in any such fund which are invested in public debt obligations, if a purpose of the disinvestment is to reduce the amount of outstanding public debt obligations. Provides, however, that, during any period for which cash benefits or administrative expenses would not otherwise be payable from a Federal fund by reason of an inability to issue further public debt obligations because of the applicable public debt limit, public debt obligations held by such Federal fund shall be sold or redeemed: (1) only for the purpose of making payment of such benefits or administrative expenses; and (2) only to the extent cash assets of the Federal fund are not available from month to month for making payment of such benefits or administrative expenses. Authorizes the Secretary of the Treasury, in undertaking the sale or redemption of public debt obligations held by a Federal fund, and with three days prior notice to the Congress and the Comptroller General, to issue corresponding public debt obligations to the public in order to obtain the cash necessary for payment of benefits or administrative expenses from such Federal fund, notwithstanding the public debt limit.
United States · United States Congress · 11 December 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors, and Disability Benefits) (OASDI) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age. Retains the current limit on substantial gainful activity earnings applicable to individuals under age 65 who are eligible for disability benefits based on blindness. (Sec. 3) Establishes a Continuing Disability Review Administration Revolving Account for OASDI disability benefits in the Federal Disability Insurance Trust Fund. Directs the Chief Actuary of the Social Security Administration (SSA) to estimate annually the present value of savings to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund which will accrue for all years as a result of cessation of benefit payments resulting from continuing disability reviews carried out pursuant to specified requirements during the fiscal year. Directs the Managing Trustee to: (1) transfer to the Account from amounts otherwise in the Trust Fund an amount equal to the estimated savings certified by the Chief Actuary; and (2) make available to the Commissioner of Social Security from funds in the Account an amount certified by the Chief Actuary as currently required to meet expenditures necessary to provide for required continuing disability reviews (including expenditures for the cost of staffing, training, purchase of medical and other evidence, and processing related to appeals and overpayments and related indirect costs). Includes under required information in a specified annual report a final accounting of amounts transferred to the Continuing Disability Review Administration Revolving Account in the Federal Disability Insurance Trust Fund during the year, the amount made available from such Account during such year pursuant to certifications made by the Chief Actuary of the SSA and expenditures made by the Commissioner of Social Security for the specified purposes during the year, including a comparison of the number of continuing disability reviews conducted during the year with the estimated number of continuing disability reviews upon which the estimate of such expenditures was made. Terminates the Continuing Disability Review Administration Revolving Account at the end of FY 2002, and provides that any balance in such Account shall revert to funds otherwise available in the Federal Disability Insurance Trust Fund. Provides for appointment by the Commissioner of a Chief Actuary in the SSA. (Sec. 4) Bases entitlement of stepchildren to child's insurance benefits solely on their actual dependency on stepparent support. Repeals the requirement that the stepchild actually be living with the stepparent. Requires termination of any child's insurance benefits based on the wages and self-employment income of the stepparent six months after the Commissioner is formally notified of the natural parent's divorce from the stepparent. (Sec. 5) Extends the length of time required for recomputation of benefits after normal retirement age. (Sec. 6) Eliminates the role of the SSA in processing attorney fees. Prohibits any person, agent, or attorney from charging in excess of $4,000 (or, if the Commissioner approves, a higher fee) for services performed in connection with any claim before the Commissioner. Directs a court, in determining a reasonable fee, to take into consideration the amount of the fee, if any, that an attorney may charge the claimant for services (eliminating the current limitation of such fee to 25 percent of the total past-due benefits to which a judgment entitles the claimant). (Sec. 7) Provides that an individual shall not be considered to be disabled for OASDI purposes, or for supplemental security income (SSI) purposes under title XVI of the Act (thus denying them benefits), if alcoholism or drug addiction would be a contributing factor material to the determination of disability. (Continues disability benefits based on a separate disabling condition to individuals also disabled by drug addiction or alcoholism.) Requires the payment of OASDI or SSI benefits based on disability to a representative payee if such payment would serve the interest of an individual who also has an alcoholism or drug addiction condition that prevents the individual from managing such benefits. Requires the Commissioner to refer such individual to the appropriate State agency administering the approved State plan for substance abuse treatment services. Appropriates additional specified amounts to supplement State and Tribal alcohol and substance abuse treatment programs funded under the Public Health Service Act. Requires State or Tribal governments receiving such an allotment to consider as priorities activities relating to the treatment of the abuse of alcohol and other drugs. (Sec. 8) Permits members of the clergy to file to revoke their exemption from social security tax coverage under the Internal Revenue Code.
United States · United States Congress · 7 December 1995
International Dolphin Protection and Consumer Information Act of 1995 - 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) 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. (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. Authorizes emergency regulations in certain circumstances. Authorizes undertaking or supporting scientific research to further the Program's goals. Mandates specified other research. Authorizes appropriations for the mandated research. 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 encircling dolphins with purse seine nets while fishing for yellowfin tuna in the eastern tropical Pacific Ocean 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 of 1950 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 · 30 November 1995
Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the social security earnings limit for individuals who have attained retirement age. Subjects such increased amounts to current law cost-of-living adjustment after 2002.
United States · United States Congress · 28 November 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors, and Disability Benefits) (OASDI) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age. Retains the current limit on substantial gainful activity earnings applicable to individuals under age 65 who are eligible for disability benefits based on blindness. (Sec. 3) Establishes a Continuing Disability Review Administration Revolving Account for OASDI disability benefits in the Federal Disability Insurance Trust Fund. Directs the Chief Actuary of the Social Security Administration (SSA) to estimate annually the present value of savings to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund which will accrue for all years as a result of cessation of benefit payments resulting from continuing disability reviews carried out pursuant to specified requirements during the fiscal year. Directs the Managing Trustee to: (1) transfer to the Account from amounts otherwise in the Trust Fund an amount equal to the estimated savings certified by the Chief Actuary; and (2) make available to the Commissioner of Social Security from funds in the Account an amount certified by the Chief Actuary as currently required to meet expenditures necessary to provide for required continuing disability reviews (including expenditures for the cost of staffing, training, purchase of medical and other evidence, and processing related to appeals and overpayments and related indirect costs). Includes under required information in a specified annual report a final accounting of amounts transferred to the Continuing Disability Review Administration Revolving Account in the Federal Disability Insurance Trust Fund during the year, the amount made available from such Account during such year pursuant to certifications made by the Chief Actuary of the SSA and expenditures made by the Commissioner of Social Security for the specified purposes during the year, including a comparison of the number of continuing disability reviews conducted during the year with the estimated number of continuing disability reviews upon which the estimate of such expenditures was made. Terminates the Continuing Disability Review Administration Revolving Account at the end of FY 2002, and provides that any balance in such Account shall revert to funds otherwise available in the Federal Disability Insurance Trust Fund. Provides for appointment by the Commissioner of a Chief Actuary in the SSA. (Sec. 4) Bases entitlement of stepchildren to child's insurance benefits solely on their actual dependency on stepparent support. Repeals the requirement that the stepchild actually be living with the stepparent. Requires termination of any child's insurance benefits based on the wages and self-employment income of the stepparent six months after the Commissioner is formally notified of the natural parent's divorce from the stepparent. (Sec. 5) Extends the length of time required for recomputation of benefits after normal retirement age. (Sec. 6) Eliminates the role of the SSA in processing attorney fees. Prohibits any person, agent, or attorney from charging in excess of $4,000 (or, if the Commissioner approves, a higher fee) for services performed in connection with any claim before the Commissioner. Directs a court, in determining a reasonable fee, to take into consideration the amount of the fee, if any, that an attorney may charge the claimant for services (eliminating the current limitation of such fee to 25 percent of the total past-due benefits to which a judgment entitles the claimant). (Sec. 7) Provides that an individual shall not be considered to be disabled for OASDI purposes, or for supplemental security income (SSI) purposes under title XVI of the Act (thus denying them benefits), if alcoholism or drug addiction would be a contributing factor material to the determination of disability. (Continues disability benefits based on a separate disabling condition to individuals also disabled by drug addiction or alcoholism.) Requires the payment of OASDI or SSI benefits based on disability to a representative payee if such payment would serve the interest of an individual who also has an alcoholism or drug addiction condition that prevents the individual from managing such benefits. Requires the Commissioner to refer such individual to the appropriate State agency administering the approved State plan for substance abuse treatment services. Appropriates additional specified amounts to supplement State and Tribal alcohol and substance abuse treatment programs funded under the Public Health Service Act. Requires State or Tribal governments receiving such an allotment to consider as priorities activities relating to the treatment of the abuse of alcohol and other drugs. (Sec. 8) Permits members of the clergy to file to revoke their exemption from social security tax coverage under the Internal Revenue Code.
United States · United States Congress · 6 November 1995
Condemns the assassination of Israeli Prime Minister Yitzhak Rabin. Extends condolences to his family and to all the people of Israel. Expresses admiration for his historic contributions and support for the government of Acting Prime Minister Shimon Peres. Reaffirms a commitment to the process of building a just and lasting peace between Israel and its neighbors. Provides for the adjournment of the Senate as a further mark of respect for Rabin.
United States · United States Congress · 17 October 1995
Amends the Judicial Improvements Act of 1990 to provide that the first vacancy in the office of district judge occurring in the western district of Michigan after December 1, 1995, or in each of other specified judicial districts five years or more after the confirmation date of the judge named to fill a temporary judgeship created by such Act, shall not be filled.
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 29 September 1995
Requires the Senate and the House of Representatives to assemble in the Hall of the House on October 11, 1995, to remember the veterans and those who served on the home front in closing the commemoration of the 50th Anniversary of World War II. Designates November 4 through 11, 1995, as a Week of National Remembrance and the Closing of the 50th Anniversary of World War II. Calls for National Days of Prayer on November 4 through 5, 1995, and a World War II Education Day across America on November 8, 1995. Requires commemorations during such week to include the dedication of the future site of the Nation's World War II Memorial in Washington, D.C. Designates Veterans Day, November 11, 1995, as a "National Day of Observance and Celebration of the 50th Anniversary of World War II. Urges each State Governor and chief executive of political subdivisions of each State to issue a proclamation calling upon citizens to participate on November 11, 1995, at 11 o'clock a.m. in the ringing of the Bells of Peace and Freedom 50 times to signify the 50 years without a world war and the world's hope to achieve another 50 years of peace and freedom.
United States · United States Congress · 31 July 1995
Amends rule 404 of the Federal Rules of Evidence relating to the use of character evidence in sexual misconduct cases to make admissible evidence of another act of sexual assault or child molestation, or evidence to rebut such proof or an inference therefrom, if that evidence is otherwise admissible in a criminal case in which the accused is charged with sexual assault or child molestation, or in a civil case in which a claim is predicated on a party's alleged commission of such an offense. Authorizes the court, in weighing the probative value of such evidence, to consider: (1) proximity in time to the charged or predicate misconduct; (2) similarity to the charged or predicate misconduct; (3) frequency of the other acts; (4) surrounding circumstances; (5) relevant intervening events; and (6) other relevant similarities or differences. Requires the prosecution, in a criminal case in which it intends to offer such evidence, to disclose the evidence, including statements of witnesses or a summary of the substance of any testimony: (1) at a reasonable time in advance of trial; or (2) during trial if the court excuses pretrial notice on good cause shown. Amends rule 405 to permit, in a case in which such evidence is offered, proof to be made by specific instances of conduct, testimony as to reputation, or testimony in the form of an opinion, except that the prosecution or claimant may offer reputation or opinion testimony only after the opposing party has offered such testimony.
United States · United States Congress · 29 June 1995
Regulatory Procedures Reform Act of 1995 - Amends Federal Government operations law on regulatory function analysis, among other things, to revise judicial review provisions. Defines "major rule" as a rule or group of closely related rules not expressly excluded from coverage under this Act that the proposing agency, Director of the Office of Management and Budget (OMB), or presidential designee determines is likely to affect the economy each year, directly or indirectly, in a specified manner. Requires Federal agencies: (1) before publishing rulemaking notices, to determine whether or not the rule in question is a major rule (giving the OMB Director or presidential designee as appropriate the authority to make certain redeterminations); and (2) when publishing a rulemaking notice for a major rule, issue an initial cost-benefit analysis, and, later, when the final major rule is published, a final analysis, with specified contents, along with an appropriate summary for each analysis. Requires initial analysis to contain risk assessments prepared by covered agency heads based on the best available scientific information in accordance with adopted guidelines incorporating specified requirements, including those for peer review panels, if a major rule addresses health, safety, or environmental risks as well as benefit assessments of risk reductions associated with regulatory alternatives. Prescribes executive oversight authority and requirements. Amends Federal Government operations law to add provisions governing congressional review of agency rulemaking, requiring promulgated final major rules to be submitted to the Congress for review in accordance with specified procedures before they take effect. Requires certain risk assessment and other specified studies by the Administrative Conference of the United States for a report to the Congress. Outlines provisions for: (1) encouraging covered Federal agencies engaged in regulating health, safety, and environmental risks to achieve the greatest overall net risk reduction at the least cost practical through appropriate priorities included in the agency's budget and planning; (2) promoting coordination risk reduction policies and programs and open communication between Federal entities and the public regarding risk prevention and management; and (3) comparative risk analysis and a certain methodological study provided for by OMB. Limits judicial review under this paragraph. Details provisions requiring certain biennial accounting statements from the President to the Congress, along with an associated report with appropriate program recommendations, estimating annual regulatory costs and corresponding benefits in accordance with specified guidelines, with appropriate recommendations for improvements from the Congressional Budget Office to the President after such statements and reports have been submitted to the Congress. Requires guidance from OMB for standardized agency cost-benefit measures and statement format. States that regulatory accounting requirements shall not be subject to judicial review.
United States · United States Congress · 27 June 1995
Newborns' and Mothers' Health Protection Act of 1995 - Requires a health plan to provide maternity benefits for a minimum hospital stay for a mother and her newborn following the birth of the child. Provides an exception for home births. Prohibits a health plan from modifying the terms and conditions of coverage if the enrollee requests less than minimum coverage. Requires a health plan to provide written notice, prominently positioned in any literature or correspondence, to each enrollee regarding the coverage required by this Act.
United States · United States Congress · 21 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the design selected by the Black Revolutionary War Patriots Foundation for the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation to establish an endowment to support construction of the Memorial.
United States · United States Congress · 9 May 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it is U.S. policy that: (1) Jerusalem should be recognized as the capital of the State of Israel; and (2) construction of the U.S. Embassy in Jerusalem should begin no later than December 31, 1996, and officially open no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1997 and 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the respective fiscal year until the Secretary of State determines, and reports to the Congress, that (for FY 1997) such construction has begun and that (for FY 1999) the Embassy has opened. Limits the availability of specified amounts of such funds in certain fiscal years until they are expended for: (1) costs associated with relocating the U.S. Embassy to Jerusalem; and (2) the costs for its construction. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 5 May 1995
TABLE OF CONTENTS: Title I: Substantive Criminal Law Enhancements Title II: Immigration Law Improvements Title III: Controls Over Terrorist Fund-Raising Title IV: Convention on the Marking of Plastic Explosives Title V: Nuclear Materials Title VI: Procedural and Technical Corrections and Improvements Title VII: Antiterrorism Assistance Title VIII: Substantive Investigative Enhancements Title IX: Substantive Prosecutive Enhancements Title X: Criminal Penalties Title XI: Funding Omnibus Counterterrorism Act of 1995 - Title I: Substantive Criminal Law Enhancements - Amends the Federal criminal code to establish penalties for acts of terrorism transcending national boundaries. Sets forth provisions regarding limits on prosecution, investigative responsibility, evidence, extraterritorial jurisdiction, the statute of limitations, and detention. (Sec. 102) Sets penalties for conspiring to kill, kidnap, or maim people in (currently, limited to injuring property of) a foreign government. (Sec. 103) Makes penalties for an individual committing an offense on an aircraft in flight outside the special aircraft jurisdiction of the United States applicable regardless of whether such individual is later found in the United States. Grants jurisdiction over such an offense if: (1) a U.S. national was or would have been on board the aircraft; (2) an offender is a U.S. national; or (3) an offender is found in the United States. Provides that if the victim of specified offenses is an internationally protected person outside the United States, the United States may exercise jurisdiction if: (1) the victim is a representative, officer, employee, or agent of the United States; (2) an offender is a U.S. national; or (3) an offender is found in the United States. Title II: Immigration Law Improvements - Amends the Immigration and Nationality Act (INA) to establish procedures for the removal and expulsion of alien terrorists. Specifies that an alien subject to removal under these provisions shall have no right to discovery of information derived from electronic surveillance authorized for national security purposes, nor shall such alien have the right to seek the suppression of evidence. Authorizes the Government to use in removal proceedings the fruits of electronic surveillance, unconsented physical searches, or both, authorized under the Foreign Intelligence Surveillance Act. Sets forth provisions regarding: (1) the conduct of a special removal hearing; and (2) the treatment of classified information, appeals, the right to counsel, standards of proof, the designation of judges, and deportation. Establishes penalties for reentry of an alien who was deported pursuant to this title. (Sec. 202) Revises INA provisions regarding the exclusion of an alien for terrorism activities. Considers an alien who is a representative of any terrorist organization designated by proclamation by the President as detrimental to the interest of the United States to be engaged in such activities. Defines: (1) "terrorist organization" to mean any organization engaged, or which has a significant subgroup engaged, in terrorism activity, regardless of any legitimate activities conducted by the organization or subgroups; and (2) "terrorism" to mean premeditated, politically motivated violence perpetrated against noncombatant targets. Limits the access of aliens to records, documents, and classified information under specified circumstances. (Sec. 203) Allows the Attorney General (and, in some cases, an employee or official of the Department of Justice or any bureau or agency thereof) to authorize an application to a Federal court of competent jurisdiction for, and allows a judge of such court to grant, an order authorizing disclosure of information contained in an alien's application for adjustment of status for: (1) identification of an alien believed to have been killed or severely incapacitated; or (2) criminal law enforcement purposes against the alien if the alleged criminal activity occurred after the legalization application was filed and such activity poses an immediate risk to life or national security or would be prosecutable as an aggravated felony, without regard to the length of sentence that could be imposed on the applicant. Title III: Controls Over Terrorist Fund-Raising - Amends the Federal criminal code to authorize the President to regulate or prohibit within the United States or by any person subject to U.S. jurisdiction: (1) fund-raising or the provision of funds for use by or for the benefit of any foreign organization that the President has designated as being engaged in terrorism activities; or (2) financial transactions with any such foreign organization. Permits the President to revoke such designation, in whole or in part, when conditions so warrant. Makes any finding made in such designation that a foreign organization engages in terrorism activity conclusive. Prohibits any person within, or subject to the jurisdiction of, the United States: (1) from raising, receiving, or collecting funds on behalf of, or providing funds to or for, an organization or person so designated; and (2) acting for or on behalf of any organization or person so designated, from transferring or disposing of any funds in which such organization or person has an interest. Directs the Secretary of the Treasury to publish regulations setting forth the procedures to be followed by persons seeking to raise or provide funds for an organization so designated. Requires any person within the United States or subject to its jurisdiction who seeks to solicit funds for or to transfer funds to any organization or person so designated to first obtain a license from the Secretary (and thereafter allows solicitation or transfer of funds to a designated organization or person only as permitted under the terms of a license issued by the Secretary). Directs the Secretary to grant a license only after the person establishes that: (1) the funds are intended to be used exclusively for religious, charitable, literary, or educational purposes; and (2) all recipient organizations in any fund-raising chain have effective procedures in place to ensure that the funds will be used exclusively for such purposes and will not be used to offset a transfer of funds for terrorist activity. Sets forth recordkeeping requirements. Requires any financial institution which becomes aware that it has possession of or control over any funds in which an organization or person so designated has an interest to retain possession of or maintain control over such funds and report to the Secretary the existence of such funds. Sets penalties for violations of this provision. Sets forth provisions regarding: (1) investigations; (2) recordkeeping and reporting requirements and civil procedures; (3) penalties; (4) injunctions; (5) extraterritorial jurisdiction; (6) interlocutory appeals and the discovery and introduction of classified information in civil proceedings brought by the United States. Title IV: Convention on the Marking of Plastic Explosives - Marking of Plastic Explosives for Detection Act - Prohibits (with exceptions) the manufacture, importation, exportation, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent. Prohibits any person (other than a U.S. agency or the National Guard of any State) possessing any plastic explosive on the effective date of this Act from failing to report to the Secretary the quantity of such explosives possessed, the manufacturer or importer, any identification marks, and such other information as the Secretary may prescribe. (Sec. 405) Sets forth: (1) penalties for violations of this title; and (2) affirmative defenses. (Sec. 407) Directs the Attorney General to exercise authority over violations of this title only when they are committed by a member of a terrorist or revolutionary group (and, in such case, the Attorney General shall have primary investigative responsibility). Title V: Nuclear Materials - Amends the Federal criminal code to expand the scope of provisions regarding prohibited transactions involving nuclear materials (for example, to include nuclear byproduct material) and the jurisdictional bases (such as to cover a situation where an offender or a victim is a U.S. national or a U.S. corporation or other legal entity). Title VI: Procedural and Technical Corrections and Improvements - Amends the Federal criminal code to expand the provision regarding the use of weapons of mass destruction to cover threats to use such weapons. Subjects to the death penalty any U.S. national who, outside of the United States, uses or threatens, attempts, or conspires to use a weapon of mass destruction. (Sec. 603) Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organizations Act. (Sec. 604) Adds terrorism offenses to the money laundering statute. (Sec. 605) Authorizes interceptions of communications in certain terrorism related offenses. (Sec. 606) Revises provisions of the Federal criminal code to provide that there is U.S. jurisdiction over specified maritime violence: (1) regardless of whether the activity is prohibited by the State in which it takes place; and (2) committed by a U.S. national or by a stateless person whose habitual residence is in the United States regardless of whether the activity takes place on a ship flying the flag of a foreign country or outside the United States. (Sec. 607) Expands Federal jurisdiction over bomb threats. (Sec. 608) Increases the penalty for explosives-related conspiracies. (Sec. 609) Includes assaults, murders, and threats against former Federal officials on account of the performance of their official duties within the scope of provisions proscribing influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member. (Sec. 610) Adds conspiracy to specified terrorism-related offenses. Title VII: Antiterrorism Assistance - Revises the Foreign Assistance Act of 1961 to: (1) authorize antiterrorism training services conducted outside the United States during a period of not more than 180 (currently, 30) days; and (2) require U.S. Government personnel authorized to advise foreign countries on antiterrorism matters to carry out their responsibilities within the United States when determined most effective or outside the United States for periods not to exceed 180 consecutive calendar days. Repeals a provision prohibiting funds made available for antiterrorism assistance from being used for personnel compensation or benefits. Title VIII: Substantive Investigative Enhancements - Amends the Federal criminal code to require that any application for an order or an extension of an order for a pen register or a trap and trace device, with respect to foreign counterintelligence and international terrorism investigations conducted by the Federal Bureau of Investigation (FBI), include: (1) the identity of the attorney for the Government and the fact that the investigation is being conducted by the FBI; and (2) a certification by the applicant that the information likely to be obtained is relevant to an ongoing foreign counterintelligence or international terrorism investigation being conducted by the FBI. Directs that all such applications and orders be maintained by the FBI. (Sec. 802) Amends the Fair Credit Reporting Act to require a consumer reporting agency (CRA) to furnish to the FBI the names and addresses of all financial institutions at which the consumer maintains or has maintained an account when presented with a written request for such information, signed by the Director of the FBI, which certifies compliance with this section. Authorizes such certification upon a written determination by that official that: (1) such information is necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or a person who is not a U.S. person and is an official of a foreign power or is an agent of a foreign power and is engaging in or has engaged in international terrorism or clandestine intelligence activities that involve a violation of U.S. criminal statutes. Sets forth provisions regarding CRA furnishing of identifying information respecting a consumer, court orders for disclosure of consumer reports, confidentiality, payment of fees, limits on dissemination, damages and disciplinary actions for violations (with a good faith exception), limits on remedies, and injunctive relief. (Sec. 803) Requires the Secretary to conduct a study and make recommendations concerning: (1) the tagging of explosive materials for purposes of detection and identification; (2) whether common chemicals used to manufacture explosive materials can be rendered inert and whether it is feasible to require it; and (3) whether controls can be imposed on certain precursor chemicals used to manufacture explosive materials and whether it is feasible to require it. Authorizes appropriations. Prohibits the manufacture, importation, receipt, possession, or distribution of any explosive material that does not contain a tracer element. Permits the Secretary to provide for the addition of tracer elements to explosive materials manufactured in or imported into the United States. (Sec. 804) Amends the Federal criminal code to require any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to comply with a request for records in its possession by the FBI when the Director certifies in writing that such records are sought for foreign counterintelligence purposes and that there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or agent of a foreign power. Limits disclosure. (Sec. 805) Makes provisions regarding the prohibition of the use as evidence of intercepted wire or oral communications inapplicable to the disclosure by the United States in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication, or evidence derived therefrom, unless the violation involved bad faith by law enforcement. (Sec. 806) Grants authorization for interception of wire, oral, or electronic communications in cases involving terrorism-related or explosives felonies. Excludes from the definition of "electronic communication" information stored in a communication system used for the electronic storage and transfer of funds. (Sec. 807) Grants temporary emergency wiretap authority involving terrorist crimes and expanded authority for roving wiretaps. (Sec. 809) Sets forth provisions regarding: (1) enhanced access to telephone billing records; (2) a requirement to preserve evidence; and (3) permission to request military assistance with respect to offenses involving chemical and biological weapons. Prohibits and sets penalties for the use of chemical weapons against: (1) a U.S. national outside of the United States; (2) any person within the United States; or (3) any property owned, leased, or used by the United States anywhere. (Sec. 812) Authorizes the Attorney General to pay rewards and receive from any U.S. department or agency funds for the payment of rewards to any individual who assists the Department of Justice in performing its functions. Title IX: Substantive Prosecutive Enhancement - Amends the Federal criminal code to prohibit the possession, or pledge or acceptance as security for a loan, of stolen explosive materials moving in interstate or foreign commerce. (Sec. 902) Revises provisions regarding the protection of U.S. officers and employees to set penalties for killing or attempting to kill any U.S. official or judge, Federal law enforcement officer, member of the uniformed services, or any other U.S. officer or employee of the executive, legislative, or judicial branch while such officer or employee is engaged in, or on account of the performance of, official duties or any person assisting such individual in the performance of such duties. Sets penalties for threats to assault, kidnap, or murder an immediate family member of any person who formerly served as a U.S. official or judge, a Federal law enforcement officer, or other specified officials, with intent to retaliate against that person for the performance of official duties. Title X: Criminal Penalties - duties. Title X: Criminal Penalties - Sets mandatory penalties for transferring a firearm or explosive material knowing that it will be used to commit a crime of violence. (Sec. 1003) Amends the Internal Revenue Code to increase the period of limitations under the National Firearms Act for offenses relating to firearms and other devices. Title XI: Funding - Amends the Communications Assistance for Law Enforcement Act to provide for a surcharge of 40 percent of the principal amount of any civil monetary penalty to be added to each such penalty at the time it is assessed by the United States or an agency thereof. Directs that payments relating to a civil monetary penalty be applied in the following order: (1) to costs; (2) to principal; (3) to such surcharges; and (4) to interest. Makes such provisions inapplicable to any civil monetary penalty assessed under the Internal Revenue Code. Establishes in the Treasury the Department of Justice Telecommunications Carrier Compliance Fund. Authorizes appropriations. Provides for offsetting collections and termination of the Fund.
United States · United States Congress · 27 April 1995
Intercity Rail Infrastructure Investment Act - Amends Federal highway system law to designate certain National Railroad Passenger Corporation (AMTRAK) intercity passenger rail service corridors to be part of the National Highway System. Grants congressional consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service (including high speed rail service) to enter into interstate compacts to promote such service. Makes construction of and operational improvements for intercity passenger rail facilities, operation of intercity passenger rail trains, and acquisition of rolling stock for intercity passenger rail service eligible projects for funding under the National Highway System. Authorizes States to obligate congestion mitigation and air quality improvement program funds for such projects. Revises the term "mass transportation" to cover intercity passenger rail transportation. Makes such transportation projects eligible for Federal mass transportation funding. Requires grants for intercity passenger rail service to be used to preserve the maximum choice of passenger modes in non-urbanized areas.
United States · United States Congress · 26 April 1995
Reaffirms that: (1) the status quo on Cyprus is unacceptable; and (2) all foreign troops should be withdrawn. Welcomes the appointment of a Special Presidential Emissary for Cyprus. Expresses continued support for efforts by the United Nations (UN) Secretary General and the U.S. Government to resolve the Cyprus problem. Insists that all parties to the dispute agree to seek a solution based upon relevant UN resolutions. Supports demilitarization of Cyprus. Encourages the UN Security Council and the U.S. Government to consider alternative approaches to promote a resolution of the dispute based upon relevant Security Council resolutions.
United States · United States Congress · 24 April 1995
Condemns the bombing at the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Sends condolences to the families. Commends rescue and volunteer workers, law enforcement officials, and the President. Urges the President to use all necessary means to find and punish the perpetrators. Supports the President's and Attorney General's position that Federal prosecutors will seek the maximum penalty allowed by law, including the death penalty, for those responsible. Declares that the Senate will expeditiously approve legislation to strengthen the authority and resources of all Federal agencies involved in combating such acts of terrorism.
United States · United States Congress · 6 April 1995
Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training, the dissemination of health information, and other programs regarding Parkinson's disease. Establishes the Interagency Coordinating Committee on Parkinson's Disease. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Authorizes establishment of the National Parkinson's Disease Data System to collect, store, analyze, retrieve, and disseminate data. Establishes: (1) the National Parkinson's Disease Information Clearinghouse; (2) a grant program to support scientists who have distinguished themselves in Parkinson's research; and (3) a national education program to foster a national focus on Parkinson's and the care of those with Parkinson's. Authorizes appropriations.
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