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United States · Official source
4,138 records where Sen. D'Amato, Alfonse [R-NY] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 26 January 1995
Revises the date for the beginning of the Vietnam era, for purposes of eligibility for veterans' benefits, from August 5, 1964, to December 22, 1961.
United States · United States Congress · 26 January 1995
Amends the Internal Revenue Code to allow certain spouses a full deduction for contributions to an individual retirement account.
United States · United States Congress · 26 January 1995
Commemorates January 27, 1995, as the 50th anniversary of the liberation of the Auschwitz death camp by Allied forces in the Second World War. Calls upon all Americans to remember the victims murdered at Auschwitz as part of the Holocaust.
United States · United States Congress · 25 January 1995
Comprehensive Iran Sanctions Act of 1995 - Imposes a trade embargo between the United States and Iran. Exempts transactions involving the furnishing, for humanitarian purposes, of food, clothing, medicine, or medical supplies. Sets forth penalties for violations of this Act. Requires the Secretary of the Treasury to instruct the U.S. executive director of specified international financial institutions to oppose any extension of credit or financial assistance to Iran. Expresses the sense of the Congress that the U.S. Permanent Representative to the United Nations should oppose the provision of U.N. assistance to such country. Sets forth requirements for the waiver of such embargo or denial of assistance. Requires the President to report to appropriate congressional committees on Iran's nuclear and other military capabilities and on its support for acts of international terrorism.
United States · United States Congress · 25 January 1995
Small Business Financial Institution Protection Act - Amends the Federal criminal code to make criminal penalties for defrauding financial institutions applicable to defrauding the Small Business Administration.
United States · United States Congress · 24 January 1995
Alien Terrorist Removal Act of 1995 - Amends the Immigration and Nationality Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases.
United States · United States Congress · 24 January 1995
Condemns the terrorist attacks in Israel and extends condolences to the families of all those killed. Declares that: (1) Palestine Liberation Organization Chairman Arafat should publicly condemn acts of terror against Israelis, take immediate steps to bring those responsible for such acts to justice, and implement steps to prevent future terrorism in all territory under his control; (2) Syrian President Assad should immediately end all support for terrorist groups in all territory under his control; and (3) the Clinton Administration should undertake strong efforts to end the safe haven, training, and financial and other support granted terrorists by Iran, Syria, and other states.
United States · United States Congress · 23 January 1995
TABLE OF CONTENTS: Title I: Taxpayer Advocate Title II: Modifications to Installment Agreement Provisions Title III: Interest Title IV: Joint Returns Title V: Collection Activities Title VI: Information Returns Title VII: Modifications to Penalty for Failure to Collect and Pay Over Tax Title VIII: Awarding of Costs and Certain Fees Title IX: Other Provisions Title X: Form Modifications; Studies Subtitle A: Form Modifications Subtitle B: Studies Taxpayer Bill of Rights 2 - Title I: Taxpayer Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayer Advocate, headed by the Taxpayer Advocate, to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayer Advocate. Replaces the Office of the Ombudsman with the Office of the Taxpayer Advocate. (Sec. 102) Revises the terms of a Taxpayer Assistance Order to: (1) allow the Order to require the Secretary of the Treasury to act within a specified time period; and (2) require the Secretary to take certain actions (currently, only to cease or refrain from taking certain actions). Title II: Modifications to Installment Agreement Provisions - Grants certain taxpayers the right to an installment agreement for the payment of tax liability less than $10,000. (Sec. 202) Suspends any penalties during the period the installment agreement is in effect. (Sec. 203) Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. (Sec. 204) Provides for administrative review of denials of requests for, or termination of, installment agreements. Title III: Interest - Authorizes the abatement of interest in the case of an assessment due to the unreasonable error or delay of an IRS act. (Sec. 302) Extends from ten to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Title IV: Joint Returns - Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where such individual is no longer married to or resides in the same household as the other joint filer. (Sec. 402) Removes limitations on filing a joint return after filing separate returns. Title V: Collection Activities - Authorizes the Secretary, in certain cases, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary to provide a copy of such notice of withdrawal to the taxpayer and, at the request of the taxpayer, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. (Sec. 503) Requires prior notification to the taxpayer that the taxpayer is under examination and an explanation of the process, with exceptions. (Sec. 504) Increases the dollar limit on the recovery of civil damages for unauthorized collection actions. (Sec. 505) Revises provisions with respect to a designated summons concerning the standard of review and notice requirements for issuance. Title VI: Information Returns - Requires payee statements to provide the phone number of the person providing payment. (Sec. 602) Establishes civil damages for the fraudulent filing of information returns. (Sec. 603) Requires the Secretary, in any court proceeding where a taxpayer asserts a reasonable dispute with respect to income reported on an information return filed by a third party and the taxpayer has fully cooperated with the Secretary, to present reasonable and probative information concerning such deficiency in addition to such return. Title VII: Modifications to Penalty for Failure to Collect and Pay Over Tax - Establishes preliminary notice requirements for failure to pay tax. (Sec. 702) Directs the Secretary to: (1) disclose certain information where more than one person is liable for a penalty; and (2) ensure that IRS employees are aware of their responsibilities under the tax depository system, the circumstances under which they may be liable for penalties, and reporting responsibilities. (Sec. 703) Exempts unpaid, volunteer board members of tax-exempt organizations who do not have actual knowledge of the failure on which such penalties are imposed from collection penalties. Title VIII: Awarding of Costs and Certain Fees - Authorizes a taxpayer who substantially prevails on a claim to file a motion for an order requiring the disclosure of all information and copies of relevant records in the possession of the IRS regarding such taxpayer's case and the substantial justification for the position taken by the IRS. (Sec. 802) Increases the limit on attorney fees. (Sec. 803) Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Title IX: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. (Sec. 902) Sets forth provisions regarding: (1) treatment of substitute returns under section 6651 (relating to failure to file a tax return or to pay tax); (2) prospective application of Treasury Department regulations; and (3) required notice to the taxpayer of payments that the Secretary cannot associate with any outstanding tax liability of such taxpayer. (Sec. 905) Authorizes a taxpayer to bring a civil damage suit against the United States if any U.S. officer or employee intentionally compromises the determination or collection of any tax due from an attorney, certified public accountant (CPA), or enrolled agent representing a taxpayer in exchange for information conveyed by the taxpayer for purposes of obtaining advice concerning tax liability, except where conveyed for the purpose of perpetrating a fraud or crime. Title X: Form Modifications; Studies - Subtitle A: Form Modifications - Directs the Secretary to: (1) take steps to ensure that taxpayers are aware of provisions of the Internal Revenue Code permitting payment of tax in installments, extensions, and compromises of tax liability; (2) provide improved procedures for taxpayers to notify the Secretary of changes in names and addresses; and (3) include in the IRS publication entitled "Your Rights As a Taxpayer" a section on the rights and responsibilities of divorced individuals. Subtitle B: Studies - Directs the Secretary to: (1) establish a one-year pilot program for appeals of enforcement actions to the Appeals Division of the IRS; (2) study ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with the internal revenue laws; and (3) report to the tax-writing committees on the IRS's taxpayer-rights education program and on all cases involving complaints about misconduct of IRS employees. (Sec. 1015) Requires the Comptroller General to conduct: (1) a study on IRS efforts to notify taxpayers of tax deficiencies; and (2) annual studies of the accuracy of 25 of the most commonly used IRS forms, notices, and publications.
United States · United States Congress · 20 January 1995
Missing Service Personnel Act of 1995 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Requires a board to be reconvened when information becomes available that would directly lead to a determination of a person's status. Requires the Secretary concerned to appoint a board to conduct an inquiry as to the status of a missing person: (1) on or about three years after the first official notice of the disappearance of such person; and (2) not later than every three years thereafter until a total of 12 years after the first official notice. Provides for: (1) the release to a board by the Secretary concerned of all personnel file information concerning missing persons; (2) the treatment of classified information; (3) penalties for the wrongful withholding of information; (4) limited circumstances under which a board may recommend that a missing person be declared officially dead; (5) the submission by the board of appropriate information if such recommendation occurs; and (6) judicial review for interested persons of a board decision to declare a person officially dead. Provides for the appointment of a board to review the status of a person previously declared dead, with board procedures similar to those described above. Requires a person previously declared dead or in a missing status who is subsequently found alive to be paid for the full time of their absence. Directs the Secretary concerned, upon the enlistment or commission of a person in an armed force, to require such person to specify in writing his or her dependents, immediate family, primary next of kin, and any other individual that the person shall designate for purposes of this Act. Allows for revision of such designation at any time.
United States · United States Congress · 19 January 1995
Paperwork Reduction Act of 1995 - Amends the Paperwork Reduction Act of 1980 to: (1) extend its purview to educational and nonprofit institutions, Federal contractors, and tribal governments; (2) revise the authority and functions of the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB), specifying information dissemination and related agency oversight responsibilities; and (3) require OMB to conduct pilot projects to test alternative policies and procedures, and to develop a government wide strategic information resources management plan. Requires the OIRA Director to establish an Interagency Council on Statistical Policy. Requires each Federal agency to: (1) establish a process, independent of program responsibility, to evaluate proposed collections of information; (2) establish a permanent information resources management steering committee; and (3) ensure that the public has timely and equitable access to information products and services. Prohibits agencies, except where specifically authorized by statute, from: (1) establishing exclusive, restricted, or other distribution arrangements that interfere with timely and equitable public availability; (2) restricting or regulating the use, resale, or redissemination of public information by the public; (3) charging fees or royalties for resale or redissemination of public information; or (4) establishing user fees that exceed the cost of dissemination. Specifies actions agencies must take with respect to information technology. Replaces the Federal Information Locator System with an agency-based electronic Government Information Locator Service to identify the major information systems, holdings, and dissemination products of each agency. Reauthorizes appropriations for OIRA.
United States · United States Congress · 19 January 1995
Welfare Antifraud Act of 1995 - Amends part A (Aid to Families With Dependent Children) (AFDC) of title IV of the Social Security Act to require State plans to require the State agency to procure, on a competitive basis, a two-digit fingerprint matching identification system for the purpose of preventing multiple enrollments of an individual in the State AFDC program. Prescribes requirements for such a system, including benefit denial for certain periods of time per offense for any individual identified under the system as receiving or attempting to receive multiple benefits. Establishes criminal penalties for any person who knowingly and intentionally makes or obtains any unauthorized disclosure of data collected and maintained by a State fingerprint identification system.
United States · United States Congress · 19 January 1995
TABLE OF CONTENTS: Title I: All-Payer Fraud and Abuse Control Program Title II: Revisions to Current Sanctions for Fraud and Abuse Title III: Administrative and Miscellaneous Provisions Title IV: Civil Monetary Penalties Title V: Amendments to Criminal Law Title VI: Payments For State Health Care Fraud Control Units Health Care Fraud Prevention Act of 1995 - Title I: All-Payer Fraud and Abuse Control Program - Directs the Secretary of Health and Human Services to establish: (1) an all-payer fraud and abuse control program; and (2) standards, including information standards and disclosure standards, to carry out such program. Authorizes appropriations. Establishes, to carry out such program, the Health Care Fraud and Abuse Account (the Account), which shall consist of gifts, bequests, deposits, and transfers under certain health care offenses provisions of specified Acts. (Sec. 102) Provides for the application to any health plan of specified health anti-fraud and abuse provisions of part A (General Provisions) of title XI of the Social Security Act. (Sec. 103) Directs the Secretary to annually solicit proposals for modification of, and modify, existing safe harbor rules. Permits any individual, at any time, to request a notice from the Inspector General (IG) which informs the public of practices which the IG considers to be suspect or of particular concern. (Sec. 104) Directs the Secretary to establish a program through which individuals entitled to Medicare benefits may confidentially report instances of suspected fraud. Title II: Revisions to Current Sanctions for Fraud and Abuse - Amends provisions of titles XI (General Provisions and Peer Review) and XVIII (Medicare) of the Social Security Act to: (1) provide for the mandatory exclusion of individuals with a felony fraud conviction from participation in Medicare and State health care programs; (2) establish a minimum period of exclusion for certain individuals and entities subject to permissive exclusion from Medicare and State health care programs; (3) provide for the permissive exclusion of individuals with ownership or control interest in sanctioned activities; (4) provide for a minimum period of exclusion for practitioners and individuals failing to meet statutory obligations; and (5) intermediate sanctions for Medicare health maintenance organizations. Title III: Administrative and Miscellaneous Provisions - Directs the Secretary to provide for the establishment of a national health care fraud and abuse data collection program for the reporting of final adverse actions against health care providers, suppliers, or practitioners. Title IV: Civil Monetary Penalties - Provides, under part A of title XI of the Social Security Act, for: (1) the payment of the portion of amounts recovered under provisions of this Act into the Account; and (2) an increase in the civil monetary penalty. Subjects an excluded individual retaining an ownership or controlling interest in a Medicare or State health care program to such penalty. Permits the Secretary to impose a penalty on any individual (including any organization, but excluding a beneficiary) who knowingly receives any kickback or bribe in return for making a referral or purchasing equipment in a Medicare or State health care program. Title V: Amendments to Criminal Law - Amends the Federal criminal code provisions: (1) relating to mail fraud, to impose a fine or imprisonment for up to ten years or both in the case of health care fraud; (2) to provide for the forfeiture of property in certain Federal health care offenses; (3) provide for injunctive relief as specified; (4) provides for fines or imprisonment or both in connection with Federal health care offenses; (5) establish a voluntary disclosure program in connection with Federal health care offenses; and (6) provide penalties for obstructions of criminal investigations of Federal health care offenses, theft or embezzlement in connection with health care, and the laundering of monetary instruments in connection with a Federal health care offense. Title VI: Payments for State Health Care Fraud Control Units - Directs the Governor of each State to establish and maintain a State agency to act as a State Health Care Fraud and Abuse Control Unit. Provides for specified Federal payments to the States for such agencies.
United States · United States Congress · 19 January 1995
Expresses the sense of the Congress that: (1) Taiwan deserves full participation, including a seat, in the United Nations (UN); and (2) the U.S. Government should encourage the UN to establish an ad hoc committee to study membership for Taiwan in the UN and its related agencies.
United States · United States Congress · 18 January 1995
TABLE OF CONTENTS: Title I: Private Securities Litigation Title II: Financial Disclosure Private Securities Litigation Reform Act of 1995 - Title I: Private Securities Litigation - Amends the Securities Exchange Act of 1934 (the Act) to prohibit brokers or dealers from soliciting or accepting referral fees from an attorney for obtaining the representation of a customer in any implied private action. Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds. Modifies the guidelines for class action litigation, including: (1) recovery by named plaintiffs in the same manner as all other members of the class; (2) court determination of conflicts of interest on the part of counsel with a beneficial interest in the securities that are the subject of the litigation; (3) restrictions on settlements under seal; (4) restrictions on payment of attorney's fees from settlement funds; (5) disclosure of settlement terms to class members; (6) special verdicts; and (7) the threshold enabling a plaintiff to obtain certification as representative for the class. Prescribes procedural guidelines for alternative dispute resolution. Establishes a limitations period for implied private rights of action. Provides for a court-appointed guardian ad litem or class action steering committee to oversee counsel and settlement offers for the plaintiff class. Delineates the requirements for securities fraud actions. Amends the Racketeer Influenced and Corrupt Organizations statute to exclude from its purview an action involving fraud in the sale of securities. Title II: Financial Disclosure - Directs the Commission to re-examine the regulatory and judicial framework with respect to predictive statements ("forward-looking statements") concerning the future economic performance of an issuer of securities. Amends the Securities Exchange Act of 1934 to prescribe litigation procedures governing safe harbors for forward-looking statements. Modifies requirements for audits conducted by an independent public accountant of an issuer's financial statements to include procedures to: (1) detect illegal acts; (2) identify related party transactions material to financial statements; and (3) evaluate an issuer's ability to continue as a going concern. Sets forth notification and reporting guidelines for a public accountant who detects illegal activities during the course of an audit. Limits such auditor's liability for complying with such guidelines. Establishes civil penalties for an auditor's noncompliance with this Act. Modifies the allocation of damages scheme to distinguish between primary degrees of responsibility and the application of proportionate liability. Directs the Commission to establish a Public Auditing Self-Disciplinary Board (the Board). Prohibits a public accounting firm from furnishing an accountant's report on any document required to be filed with the Commission unless it has registered with the Board. Requires the Board to establish guidelines for: (1) investigations and disciplinary proceedings against public accounting firms; and (2) criteria for certification of public accountant peer review organizations. Grants the Commission responsibility for oversight of the Board. Includes within Board jurisdiction a foreign public accounting firm that furnishes accountant's reports on any document required to be filed with the Commission.
United States · United States Congress · 18 January 1995
Prevention of Sexual Exploitation of Children Act - Amends the Federal criminal code to increase penalties for the sexual exploitation of children and for certain activities relating to material involving the sexual exploitation of minors.
United States · United States Congress · 17 January 1995
Section 515 Rural Multifamily Housing Program Extension Act of 1995 - Amends the Housing Act of 1949 with respect to rural housing to extend set-asides for: (1) targeted underserved areas and colonias; and (2) rental housing funds for nonprofit entities. Repeals loan insurance authority for rural rental housing for elderly or handicapped persons and families or moderate income persons and families. Extends temporarily expiring section 8 contract authority. Authorizes appropriations.
United States · United States Congress · 13 January 1995
Humanitarian Aid Corridor Act - Prohibits funds for foreign assistance from being made available for any country whose government prohibits or restricts the transport or delivery of U.S. humanitarian assistance. Waives such prohibition if the President notifies the Congress that providing such assistance is in the national security interest. Provides for a resumption of assistance when the President certifies to the Speaker of the House and the Senate Foreign Relations Committee that such country is no longer prohibiting or restricting such transports or deliveries.
United States · United States Congress · 12 January 1995
Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions from November 9, 1994, through June 30, 1995, with certain emergency exceptions for presidentially designated imminent threats to health or safety, or actions necessary for enforcement of criminal laws. Suspends until July 1, 1995, starting 30 days after enactment of this Act, the effectiveness of any such action taken after November 9, 1994, but before enactment of this Act. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions pending on the date of enactment of this Act. Authorizes civil actions by anyone adversely affected by any conduct of a Federal agency in violation of this Act.
United States · United States Congress · 12 January 1995
Amends the Internal Revenue Code to increase the tax deduction for business meals and entertainment from 50 percent to 80 percent.
United States · United States Congress · 12 January 1995
Authorizes expenditures by the Senate Committee on Banking, Housing, and Urban Affairs for the 104th Congress.
United States · United States Congress · 10 January 1995
Designates February 2, 1995, and February 1, 1996, as National Women and Girls in Sports Day.
United States · United States Congress · 4 January 1995
Bosnia and Herzegovina Self-Defense Act of 1995 - Directs the President to terminate the U.S. arms embargo of the Government of Bosnia and Herzegovina on the date of receipt of a request from such government for assistance in exercising its right of self-defense under the United Nations Charter or May 1, 1995, whichever comes first.
United States · United States Congress · 4 January 1995
WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) in proceedings initiated by other WTO parties which are adverse to the United States and which are adopted by the Dispute Settlement Body. Requires the Commission to determine whether the panel or the Appellate Body: (1) exceeded its authority; (2) added to the obligations of or diminished the rights of the United States; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from proper procedures; and (4) deviated, in its report, from the applicable standard of review. Requires the Commission, upon an affirmative determination on one or more of these questions, to further determine whether the action of the panel or the Appellate Body materially affected the outcome of its report. Requires the President, upon enactment of a joint resolution directing such action, to negotiate to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes with respect to any affirmative determinations submitted to the Congress concerning the action of a panel or the Appellate Body. Provides for a joint resolution withdrawing congressional approval of the WTO agreement, ending U.S. participation in the WTO, if such negotiations do not result in a satisfactory solution. Sets forth provisions governing the participation in WTO panel proceedings of private U.S. persons supportive of the U.S. Government position at issue.
United States · United States Congress · 4 January 1995
Violent Crime Control and Law Enforcement Amendments Act of 1995 - Repeals provisions of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) pertaining to: (1) the Ounce of Prevention Council; (2) local crime prevention block grants; (3) model intensive grants; (4) family and community endeavor schools grants; (5) assistance for delinquent and at-risk youth; (6) police recruitment; (7) the Local Partnership Act; (8) national community economic partnership; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; (11) the family unity demonstration project; (12) residential substance abuse treatment for State prisoners; (13) gang resistance education and training; (14) drug courts; and (15) a presidential summit on violence and a national commission on crime prevention and control. (Sec. 3) Revises provisions of the VCCLEA to authorize the Attorney General to make grants to individual States and States organized as multi-State compacts to construct, develop, expand, modify, operate, or improve conventional correctional facilities for the confinement of violent offenders, to ensure that prison cell space is available for violent offenders, and to implement truth in sentencing laws for violent offenders. Directs States, to be eligible to receive such grants, to submit an application to the Attorney General that includes assurances that: (1) the States have implemented, or will implement, correctional policies and programs (including truth in sentencing laws that ensure that violent offenders serve a substantial portion of the sentences imposed) that are designed to provide sufficiently severe punishment for violent offenders and that the prison time served is appropriately related to the determination that the inmate is a violent offender and for a period of time determined necessary to protect the public; (2) the States have implemented policies that provide for the recognition of victims' rights and needs; (3) funds received will be used to construct, develop, expand, modify, operate, or improve conventional correctional facilities; and (4) such funds will be used to supplement, not supplant, other Federal, State, and local funds. Makes half of the funds for grants available for truth in sentencing incentive grants and half for violent offender incarceration grants. Requires a State, to be eligible for a truth in sentencing incentive grant, to demonstrate that it has in effect laws that require that persons convicted of violent crimes serve not less than 85 percent of the sentence imposed. Authorizes appropriations. (Sec. 4) Repeals specified VCCLEA provisions regarding punishment for young offenders. (Sec. 5) Amends the Federal criminal code to increase mandatory minimum sentences for using firearms during and in relation to a crime of violence or a drug trafficking crime. (Sec. 6) Amends the Controlled Substances Act (CSA) to consider minors to be persons age 21 (currently, 18) and younger for purposes of mandatory minimum prison sentences for those who use minors in drug trafficking activities and for persons convicted of distribution of drugs to minors. Makes certain mandatory minimum sentencing provisions inapplicable to offenses involving five grams or less of marijuana. (Sec. 8) Repeals specified VCCLEA provisions regarding penalties for drug-dealing in drug-free zones. Amends the CSA to increase penalties for distribution of controlled substances in or near schools. Makes mandatory minimum sentencing provisions with respect to such distribution inapplicable to offenses involving five grams or less of marijuana. (Sec. 9) Amends the Federal criminal code to authorize the court, notwithstanding a mandatory minimum sentence requirement, to impose a sentence in accordance with the code, the sentencing guidelines, and any pertinent policy statement issued by the U.S. Sentencing Commission if specified conditions apply, such as that the offense did not result in death or serious bodily injury and the defendant was not an organizer, leader, manager, or supervisor of others in the offense, did not carry a firearm, and provided truthful information to the Government concerning the offense in a timely matter. Authorizes the Sentencing Commission to make necessary amendments to harmonize its sentencing guidelines and policy statements with this Act and promulgate policy statements to assist the courts. Requires the Sentencing Commission to amend the sentencing guidelines if necessary to assign to specified offenses under the CSA and Controlled Substances Import and Export Act to which a mandatory minimum term of imprisonment applies, a guidelines level that will result in the imposition of a term of imprisonment at least equal to the mandatory term currently applicable, unless a downward adjustment is authorized under this section. Repeals specified VCCLEA provisions regarding the applicability of mandatory minimum penalties in certain cases. (Sec. 10) Provides for mandatory restitution to victims of violent crimes. Permits a court to order restitution of a person harmed physically or pecuniarily by unlawful conduct of the defendant during a criminal episode or in the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to order restitution to a victim in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source. Sets forth procedures regarding restitution orders, including provisions regarding: (1) the form of payments; (2) situations where there is more than one offender or more than one victim; (3) setoffs against amounts later recovered as compensatory damages by the victim; (4) a restitution order constituting a lien against the offender's property; (5) compliance with payment schedules and other terms of a restitution order being a condition of probation, parole, or any other form of release; (6) enforcement of restitution orders by the United States and by a victim named in the order; and (7) modification of restitution orders. Allows the court to order the probation service of the court to obtain information pertaining to the amount of loss sustained by any victim, the financial resources of the defendant, and the financial needs and earning ability of the defendant and the defendant's dependents. Directs such service to include information collected in the report of presentence investigation or in a separate report, as the court directs. Authorizes the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Incarceration of Violent Criminals Title II: State and Local Law Enforcement Assistance Title III: Federal Emergency Law Enforcement Assistance Act Title IV: Criminal Penalties Title V: Federal Criminal Procedure Reform Title VI: Prevention of Terrorism Title VII: Miscellaneous and Technical Provisions Subtitle A: Elimination of Certain Programs Subtitle B: Amendments Relating to Violent Crime Control Subtitle C: Amendments Relating to Courts and Sentencing Subtitle D: Miscellaneous Amendments Violent Crime Control and Law Enforcement Improvement Act of 1995 - Title I: Incarceration of Violent Criminals - Revises the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Attorney General to make grants to individual States and to States organized as multi-State compacts to construct, develop, expand, modify, operate, or improve conventional correctional facilities. Conditions eligibility to receive such grants, in the case of a State that on the enactment date of this Act practices indeterminant sentencing, on the State submitting an application that includes a demonstration that average times served for the offenses of murder, rape, robbery, and assault in the State exceed by at least ten percent the national average of time served for such offenses in all of the States. (Sec. 102) Repeals specified provisions of the VCCLEA concerning the punishment of young offenders. (Sec. 103) Repeals specified VCCLEA provisions regarding the civil rights of institutionalized persons. Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. Specifies that such exhaustion of administrative remedies may not be required unless the Attorney General has certified or the court has determined that such remedies are in substantial compliance with specified minimum acceptable standards (as under current law) or are otherwise fair and effective. Requires the court to dismiss any such action if satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. Requires the Attorney General to develop a procedure for the prompt review and certification of systems for the resolution of grievances of adults confined in any correctional or pretrial detention facility if such systems are in substantial compliance with the minimum standards (current law) or are otherwise fair and effective. Authorizes the Attorney General to suspend or withdraw certification at any time he has reasonable cause to believe that such procedure is no longer in substantial compliance or is no longer fair and effective. Amends the Federal judicial code to authorize the court to request an attorney to represent a person financially unable to employ counsel (current law) at any time. Requires (current law authorizes) the court to dismiss the case if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious. Requires: (1) a prisoner in a correctional institution who files an affidavit of indigence to include a statement of all assets such prisoner possesses; and (2) the court to make inquiry of the institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. (Sec. 104) Requires the Attorney General to submit a report to the Congress that describes a strategy for employing more Federal prison inmates. (Sec. 105) Repeals specified VCCLEA provisions requiring the Bureau of Prisons to provide residential substance abuse treatment. Requires the Bureau's report to the Congress to include a full examination and evaluation of the effectiveness of the treatment in reducing drug use among prisoners. Title II: State and Local Law Enforcement Assistance - Amends the VCCLEA to replace provisions of title I setting forth the Public Safety Partnership and Community Policing Act of 1994 with a State and local law enforcement block grant program. Directs the Attorney General to make grants to States for use by State and local governments to: (1) hire, train, and employ on a continuing basis, new law enforcement officers and necessary support personnel; (2) pay overtime to currently employed officers and personnel; (3) procure equipment, technology, and other material that is directly related to basic law enforcement functions; and (4) establish and operate cooperative programs between community residents and law enforcement agencies for the control, detection, or investigation of crime or the prosecution of criminals. Sets forth provisions regarding: (1) law enforcement trust funds; (2) allocation and distribution of funds; (3) fund disbursement; (4) application requirements; and (5) limitations on the use of funds. Authorizes appropriations. Title III: Federal Emergency Law Enforcement Assistance Act - Amends the VCCLEA to increase the authorization of appropriations for: (1) the Federal Bureau of Investigation (FBI); (2) U.S. Attorneys; and (3) the Drug Enforcement Administration. Title IV: Criminal Penalties - Makes serious juvenile drug offenses Armed Career Criminal Act predicates. (Sec. 402) Provides for adult prosecution of serious juvenile offenders. Repeals VCCLEA provisions directing the court, in determining whether to transfer a juvenile to adult status, to consider the extent to which the juvenile played a leadership role in an organization or otherwise influenced others to take part in criminal activities involving the use or distribution of controlled substances or firearms. Requires a juvenile who was 13 years of age or older on the date of the commission of specified crimes of violence to be prosecuted as an adult in Federal court. Prohibits the incarceration of any such juvenile in an adult prison. Specifies that if a juvenile prosecuted under such provision is convicted, the juvenile shall be entitled to file a petition for resentencing pursuant to applicable sentencing guidelines when the juvenile reaches age sixteen. Direct the U.S. Sentencing Commission (Commission) to promulgate or amend existing guidelines to carry out such provisions. Authorizes the Commission, for such resentencing determinations, to permit sentencing adjustments that provide for supervised release for defendants who have clearly demonstrated an exceptional degree of responsibility for the offense and a willingness and ability to refrain from further criminal conduct. Repeals specified VCCLEA provisions regarding the prosecution as adults of such juveniles for crimes of violence, including a prohibition against prosecuting as adults certain persons subject to the criminal jurisdiction of an Indian tribal government for an offense the Federal jurisdiction for which is predicated solely on Indian country. (Sec. 403) Authorizes the court to impose a specified term of supervised release, or a fine that would be authorized if the juvenile had been convicted as an adult, for juvenile offenders. (Sec. 404) Requires that juveniles found guilty of certain offenses be fingerprinted and photographed, with such fingerprints and photographs sent to the FBI's Identification Division. Directs the court to transmit to such division information concerning the adjudication. (Sec. 405) Amends the Controlled Substances Act (CSA) to: (1) set a mandatory minimum sentence of ten years' imprisonment of a person age 21 or older who is convicted of employing persons under age 18 in drug operations; and (2) make such mandatory minimum sentence life imprisonment for that offense after a prior conviction of such offense. Prohibits the court from placing on probation or suspending the sentence of any such person. Revises CSA provisions to apply specified penalties for distribution to persons under age 18 (currently, under 21) and to increase such penalties, except for offenses involving five grams or less of marijuana. Repeals a VCCLEA provision directing the Commission to provide an appropriate penalty enhancement for a defendant convicted of drug dealing in a drug-free zone. Increases penalties for such offense, except where the offense involves five grams or less of marijuana. (Sec. 406) Repeals specified VCCLEA provisions regarding the applicability of mandatory minimum penalties in certain cases. Directs the court, notwithstanding the requirement of a mandatory minimum sentence, to impose a sentence in accordance with this section and the sentencing guidelines and any pertinent policy statement issued by the Commission if specified circumstances exist (e.g., that the defendant does not have any criminal history points under the sentencing guidelines, the offense did not result in death or serious bodily injury, and the Government certifies that the defendant has timely and truthfully provided it with all information and evidence the defendant has concerning the offense). Authorizes the Commission to make such amendments as necessary and appropriate to harmonize the sentencing guidelines and policy statements with, and promulgate policy statements to assist the courts in interpreting, this section. Directs the Commission to amend the sentencing guidelines, if necessary, to assign specified drug offenses to which a mandatory minimum term of imprisonment applies, a guideline level that will result in the imposition of a term at least equal to the mandatory term that is currently applicable, unless a downward adjustment is authorized under this section. (Sec. 407) Increases mandatory minimum sentences for using firearms during and in relation to any crime of violence or drug trafficking crime. (Sec. 408) Repeals specified VCCLEA provisions concerning arson. Increases penalties and extends the statute of limitations for arson. (Sec. 409) Includes within the offense of kidnapping travel in interstate or foreign commerce, or using the mails or a facility in such commerce, in furtherance of the offense. Title V: Federal Criminal Procedure Reform - Amends the Federal criminal code to provide that, in a criminal proceeding, any attorney who files in a U.S. court a brief, motion, answer, pleading, or other signed document that the attorney knows to contain a false statement of material fact or a false statement of law, shall be found guilty of obstruction of justice. (Sec. 502) Specifies that Federal rules of conduct adopted by the Attorney General shall govern the conduct of prosecutions in Federal court. (Sec. 503) Revises rule 24(b) of the Federal Rules of Criminal Procedure to entitle a defendant tried alone to six, but defendants tried jointly to ten, peremptory challenges. (Sec. 504) Amends the Federal judicial code to provide that on each committee that makes recommendations concerning rules that affect criminal cases, the number of members who represent or supervise the representation of defendants in the trial, direct review, or collateral review of criminal cases shall not exceed the number who represent the Government or a State. (Sec. 505) Sets forth provisions regarding the reimbursement of attorney fees in certain cases involving current or former attorneys, agents, or employees of the Department of Justice or the Federal Public Defender who are the subject of criminal or disciplinary investigations. (Sec. 506) Provides for mandatory restitution to victims of violent crimes. Permits a court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of any person who was harmed physically or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred, or the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to order restitution to a victim in the full amount of the victim's losses as determined by the court without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source. Sets forth provisions regarding: (1) the form of payments of a restitution order; (2) multiple offenders and multiple victims; (3) setoffs against amounts later recovered as compensatory damages; (4) the effect of a restitution order (constitutes a lien against the offender's property); (5) payment schedules; (6) enforcement of restitution orders; and (7) procedures for issuing such orders. (Sec. 507) Amends the Federal criminal code to place the burden of proving (by a preponderance of the evidence) that a confession was not voluntary on the defendant. Provides that evidence: (1) obtained as a result of a search or seizure that is otherwise admissible in a Federal criminal proceeding shall not be excluded in a proceeding in a U.S. court on the ground that the search or seizure was in violation of the Fourth Amendment to the Constitution; and (2) shall not be excluded in a proceeding in a U.S. court on the ground that it was obtained in violation of a statute, an administrative rule, or a rule of court procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court. Amends the Federal judicial code to make the United States liable for damages resulting from a search or seizure conducted by an investigative or law enforcement officer, acting within the scope of the officer's office or employment, in violation of the Fourth Amendment to the Constitution. Provides for the award of actual and punitive damages, subject to specified limitations. Subjects such an officer to appropriate discipline in the discretion of the Federal agency employing the officer if that agency determines, after notice and hearing, that the officer conducted the search or seizure lacking a good faith belief that the search or seizure was constitutional. Makes the remedy under this section the exclusive civil remedy for such Fourth Amendment violations. Sets forth provisions regarding attorney fees and costs and the applicability of other tort claims procedures. (Sec. 508) Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Specifies that: (1) there shall be no right of appeal from a final order in a habeas corpus proceeding; and (2) unless a circuit justice or judge issues a certificate of probable cause, an appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State or Federal court. Permits such certificate to issue only if the petitioner has made a substantial showing of the denial of a Federal constitutional right. Requires the certificate to indicate which specific issue or issues satisfy the showing. Provides that if the applicant has failed to develop the factual basis of a claim in State court proceedings, the Federal court shall not hold an evidentiary hearing on the claim unless: (1) the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable or on a factual predicate that could not have been previously discovered through the exercise of due diligence; and (2) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the petitioner guilty of the underlying offense or eligible for the death penalty under State law. Requires that a second or successive motion be certified by a panel of the appropriate Federal Court of Appeals to contain: (1) newly discovered evidence sufficient to undermine the court's confidence in the factfinder's determination of the prisoner's guilt of the offense or offenses for which the sentence was imposed; or (2) a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable. Sets further limitations on second or successive petitions. (Sec. 510) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of a petition for a writ of habeas corpus brought in a capital case within 180 days after the date on which the petition is filed; and (2) a court of appeals to hear and render a final determination of any appeal of an order granting or denying such a petition within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition or other request for rehearing en banc within 30 days after the date on which the petition for rehearing is filed. Sets forth provisions regarding failure to render a timely determination. Requires the Administrative Office of U.S. Courts to submit to the Congress an annual report on the compliance by the district courts and courts of appeals with the time limitations under this section. Title VI: Prevention of Terrorism - Amends the Federal criminal code to set penalties for: (1) willful violation of Federal Aviation Administration (FAA) security regulations; and (2) threatening to assault, kidnap, or murder former Federal officials in the performance of official duties. (Sec. 603) Grants the Attorney General wiretap authority for alien smuggling and related offenses. Makes alien smuggling a predicate to a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 604) Sets forth provisions regarding: (1) authorization for interceptions of communications in certain terrorism-related offenses; (2) participation of foreign and State government personnel in interceptions of communications; and (3) disclosure of intercepted communications to foreign law enforcement agencies. (Sec. 607) Amends the Immigration and Nationality Act (INA) to establish procedures to apply whenever the Attorney General certifies under seal to a special court (established pursuant to this section) that: (1) the Attorney General or Deputy Attorney General has approved of the proceeding; (2) an alien terrorist is physically present in the United States; and (3) removal of such terrorist by deportation proceedings would pose a risk to national security because such proceedings would disclose classified information. Directs the Chief Justice of the United States to publicly designate up to seven judges to hear and decide such cases. Sets forth procedures for a special removal hearing, including provision for appointment of counsel and appeals. (Sec. 608) Declares that the territorial sea of the United States (extending to 12 miles) is part of the United States, subject to its sovereignty, and for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. (Sec. 609) Extends Federal criminal jurisdiction over certain terrorism offenses overseas. (Sec. 610) Directs the Administrator of the FAA to issue regulations requiring FAA employees and agents to report to appropriate Federal and State law enforcement officers discoveries of controlled substances or cash in excess of $10,000. (Sec. 611) Amends the INA to permit the Attorney General to: (1) authorize an application to a Federal court of competent jurisdiction for, and a judge of such court to grant, an order authorizing disclosure of information contained in the application of the alien (as a result of an investigation of the alien by an investigative or law enforcement officer) that is necessary to locate and identify the alien under specified circumstances; and (2) furnish information under this section with respect to an alien to an official coroner for purposes of permitting the coroner to identify a deceased individual and to others under specified circumstances. (Sec. 612) Permits, in the exercise of comity, the surrender of persons, other than citizens, nationals, or permanent residents of the United States, who have committed crimes of violence against U.S. nationals in foreign countries without regard to the existence of any extradition treaty with such foreign government if the Attorney General certifies in writing that: (1) evidence has been presented by the foreign government that indicates that had the offenses been committed in the United States they would constitute crimes of violence; and (2) the offenses charged are not of a political nature. (Sec. 613) Requires the Director of the FBI to report to the Congress on the effectiveness of provisions of the VCCLEA regarding the prohibition against providing material support to terrorists. (Sec. 614) Increases penalties for terrorism crimes. (Sec. 615) Sets penalties and procedures with respect to criminal offenses committed outside the United States by persons accompanying the armed forces. Title VII: Miscellaneous and Technical Provisions - Subtitle A: Elimination of Certain Programs - Repeals specified VCCLEA provisions regarding: (1) the Ounce of Prevention Council; (2) local crime prevention block grants; (3) model intensive grants; (4) family and community endeavor schools grants; (5) assistance for delinquent and at-risk youth; (6) police recruitment; (7) the Local Partnership Act; (8) national community economic partnership; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; (11) the family unity demonstration project; (12) residential substance abuse treatment for State prisoners; (13) gang resistance education and training; (14) drug courts; and (15) the presidential summit on violence and the National Commission on Crime Prevention and Control. Subtitle B: Amendments Relating to Violent Crime Control - Repeals specified VCCLEA provisions regarding violent crime and drug emergency areas. (Sec. 712) Revises specified Federal criminal code provisions regarding violent crimes in aid of racketeering activity to increase penalties for such offenses and to expand the scope of the offenses covered by such provisions. (Sec. 713) Grants the Attorney General and the FBI authority to investigate serial killings in violation of the laws of a State or political subdivision when requested by the head of a law enforcement agency with investigative or prosecutive jurisdiction over the offense. (Sec. 714) Subjects a person who conspires to commit any of specified firearms or explosives offenses to the same penalties (other than the death penalty) as those prescribed for the offense the commission of which was the object of the conspiracy. (Sec. 715) Increases penalties for violence in the course of riot offenses. (Sec. 716) Sets forth provisions regarding: (1) pretrial detention for possession of firearms or explosives by convicted felons; (2) elimination of the scienter element for carjacking; (3) theft of vessels; (4) RICO conspiracy (clarification that it is not necessary to establish that the defendant agreed personally to commit any acts of racketeering activity to be liable); (5) addition of attempts to cause bodily injury under the interstate domestic violence offense; (6) addition of foreign murder as a money laundering predicate; (7) inclusion of other felony crimes of violence under provisions regarding the use of interstate commerce facilities in the commission of murder-for-hire; and (8) inclusion of threats to use a weapon of mass destruction within provisions regarding the use of such weapons. Subtitle C: Amendments Relating to Courts and Sentencing - Amends the Federal criminal code, Federal judicial code, and rule 35 of the Federal Rules of Criminal Procedure to allow a reduction of sentence for providing substantial assistance in an investigation of any offense. (Sec. 732) Repeals a requirement from the Government appeal statute that the U.S. attorney certify to the district court that an appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding. (Sec. 735) Amends the Federal criminal code and rule 35 to place limits on a reduction of sentence for substantial assistance of a defendant. (Sec. 736) Grants a court the authority to impose a sentence of probation or supervised release when reducing a sentence of imprisonment in certain cases. (Sec. 739) Extends the Parole Commission to deal with "old law" prisoners. (Sec. 741) Repeals provisions barring Federal prosecution of specified offenses. Subtitle D: Miscellaneous Amendments - Makes technical and conforming amendments to the Federal criminal code, CSA, and Controlled Substances Import and Export Act. (Sec. 754) Sets penalties for larceny involving post office boxes and postal stamp vending machines. (Sec. 757) Applies various offenses to U.S. possessions and territories. (Sec. 760) Grants courts authority to order a cable operator not to notify the subscriber of the existence of a subpoena or court order issued to such operator for basic subscriber information in connection with proceedings before a Federal grand jury.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Legislative Accountability and Reform Title II: Regulatory Accountability and Reform Title III: Review of Unfunded Federal Mandates Title IV: Judicial Review Unfunded Mandate Reform Act of 1995 - Prohibits the application of this Act to any proposed Federal legislation or proposed or final Federal regulation that: (1) enforces the constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit various specified types of discrimination; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government; (4) provides for emergency assistance or relief at the request of any State, local, or tribal government (small government); or (5) is designed as emergency legislation or is necessary for national security or international treaty purposes. Requires each Federal agency to provide to the Director of the Congressional Budget Office (CBO) such information and assistance as the Director may reasonably request to assist him or her in carrying out this Act. Title I: Legislative Accountability and Reform - Amends the Congressional Budget and Impoundment Control Act of 1974 and the Congressional Budget Act of 1974 with respect to unfunded Federal mandates. (Sec. 101) Includes tribal governments and the private sector within the purview of mandate analysis by CBO and congressional committees. Requires authorization committees to identify to CBO any Federal mandates in legislation ordered to be reported. Requires the report accompanying any reported legislation with a Federal mandate to contain statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost-benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit the authorizing committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $200 million per fiscal year direct cost of private sector mandates. Makes it out of order for the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Gives the House Committee on Government Reform and Oversight and the Senate Committee on Governmental Affairs final authority to determine questions on the applicability of this Act to pending bills, joint resolutions, amendments, motions, or conference reports. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 102) Amends House rules with regard to the Committee of the Whole and Committee on Rules: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points of order relating to Federal mandates. (Sec. 103) Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering any legislative proposal establishing, amending, or reauthorizing any Federal program likely to have a significant impact on any State, local, or tribal government or on the private sector to include its views and estimates on that proposal to the applicable budget committee. (Sec. 104) Authorizes appropriations to CBO to carry out this Act. (Sec. 106) Repeals the State and Local Government Cost Estimate Act of 1981. Title II: Regulatory Accountability and Reform - Requires each Federal agency to: (1) assess the effects of Federal regulations on State, local, and tribal governments (other than to the extent that such regulations incorporate requirements specifically set forth in legislation) and the private sector, including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to permit elected officials and other representatives of State, local, and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal mandates. Requires each agency: (1) before establishing regulatory requirements, to develop plans for notifying small governments of such requirements; and (2) before promulgating any final rule that includes any Federal intergovernmental mandate that may result in State, local, or tribal government and private sector expenditures, in the aggregate, of $100 million or more in any one year, to prepare a written statement of specified estimates and analyses for forwarding to the CBO Director. Authorizes appropriations. (Sec. 204) Directs the Director of the Office of Management and Budget to establish pilot programs in at least two agencies to test innovative approaches to reducing reporting and compliance burdens on small governments. Title III: Review of Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on local, State, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance by State, local, and tribal governments, especially with respect to specific mandates for which the terms of compliance are unnecessarily rigid or complex; (2) terminating unfunded mandates which are duplicative, obsolete, or lacking in practical utility; and (3) temporarily suspending those unfunded mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 307) Authorizes appropriations. Title IV: Judicial Review - Disallows judicial review under this Act.
United States · United States Congress · 4 January 1995
Peace Powers Act of 1995 - Repeals the War Powers Resolution. (Sec. 3) Requires the President, in every possible instance, to consult with the Congress before introducing the armed forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated and to consult regularly with the Congress until such forces are no longer engaged in such hostilities or have been removed from such situations. (Sec. 4) Directs the President, in the absence of a declaration of war, to report to the Speaker of the House and the president of the Senate in any case in which the armed forces are introduced: (1) into hostilities or situations described above; (2) into the territory, airspace, or waters of a foreign nation while equipped for combat, with specified exceptions; or (3) in numbers which substantially enlarge armed forces equipped for combat already located in a foreign nation. Requires such report to set forth: (1) the circumstances necessitating such introduction; (2) the constitutional and legislative authority under which such introduction took place; and (3) the estimated scope and duration of the hostilities or involvement. Provides for continuing reports to the Congress as long as the armed forces are so engaged. (Sec. 5) Amends the United Nations Participation Act to prohibit the President from subordinating any element of the armed forces participating in a United Nations peacekeeping activity to the command or operational control of any foreign nationals unless he submits specified documents to the designated congressional committees or the Congress enacts an Act or joint resolution authorizing such subordination. Lists as the specified documents determinations by the President that: (1) the proposed subordination is in the national security interest (along with a justification for such determination); (2) the unit commanders of the armed forces proposed for subordination will retain the ability to report independently to higher U.S. military authorities; (3) the United States will retain authority to withdraw the armed forces from the activity at any time and to take any action to protect such forces if endangered; (4) the armed forces will remain under U.S. administrative command for purposes of discipline and evaluation; and (5) the proposed foreign command arrangement does not violate the Constitution. (Sec. 6) Requires the President to report to the appropriate congressional committees on the total amount of funds appropriated for national defense purposes after FY 1995 that were expended during the preceding fiscal year for United Nations peacekeeping activities. Permits the payment to the United Nations of the U.S. share of peacekeeping activities, beginning with FY 1996, only to the extent that such share exceeds the total amount appropriated for the preceding fiscal year reduced by the amount of any reimbursement or credit for U.S. support for peacekeeping. (Sec. 7) Provides for notification to the Congress of proposed participation in, or expenditure of funds for, United Nations peacekeeping activities.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: General Title II: Extension of Rights and Protections Part A: Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation Part B: Public Services and Accommodations Under the Americans with Disabilities Act of 1990 Part C: Occupational Safety and Health Act of 1970 Part D: Labor-Management Relations Part E: General Part F: Study Title III: Office of Compliance Title IV: Administrative and Judicial Dispute-Resolution Procedures Title V: Miscellaneous Provisions Congressional Accountability Act of 1995 - Title I: General - Applies provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938 (FLSA); (2) Title VII of the Civil Rights Act of 1964; (3) the Americans with Disabilities Act of 1990 (ADA); (4) the Age Discrimination in Employment Act of 1967 (ADEA); (5) the Family and Medical Leave Act of 1993 (FMLA); (6) the Occupational Safety and Health Act of 1970 (OSHA); (7) provisions regarding Federal labor-management relations; (8) the Employee Polygraph Protection Act of 1988 (EPPA); (9) the Worker Adjustment and Retraining Notification Act (WARN); (10) the Rehabilitation Act of 1973; and (11) the Uniformed Services Employment and Reemployment Rights Act of 1994. Requires the Board of Directors (Board) of the Office of Compliance (established by this Act) to: (1) review provisions of Federal laws and regulations relating to the terms and conditions of employment (including protection from discrimination in personnel actions, occupational health and safety, and family, medical, and other leave) of employees and access to public services and accommodations; and (2) report on December 31, 1996, and biennially thereafter, on whether or to what degree such provisions are applicable or inapplicable to the legislative branch and if inapplicable whether they should be made applicable. Requires each report of a congressional committee accompanying any bill or joint resolution relating to terms and conditions of employment or access to public services or accommodations to: (1) describe the manner in which the provisions of the bill or joint resolution apply to the legislative branch; or (2) if the provisions do not apply, include a statement of the reasons why. Makes it out of order, on the objection of any Member, for the Senate or the House of Representatives to consider such bill or joint resolution if the report of the committee on the measure does not comply with this Act. Allows such requirement to be waived in either House by a majority vote of that House. Title II: Extension of Rights and Protections - Part A: Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation - Requires all personnel actions affecting covered employees to be made free from any discrimination based on race, color, religion, sex, national origin, age, or disability. Defines a "covered employee" as an employee of the House, the Senate, the Capitol Guide Service, the Capitol Police, the Congressional Budget Office (CBO), the Office of the Architect of the Capitol (AOC), the Office of the Attending Physician, the Office of Compliance, or the Office of Technology Assessment (OTA). Makes available the remedies awarded under the Civil Rights Act of 1964, the ADEA, the Rehabilitation Act of 1973, and the ADA, as appropriate, for discrimination violations affecting covered employees. Amends the Civil Rights Act of 1964 and the ADEA to apply their protection and remedies to the Government Printing Office (GPO) and the General Accounting Office (GAO). Extends coverage under the ADA to GPO and GAO. Makes specified remedies and procedures set forth in the Civil Rights Act of 1964 available to any employee of an instrumentality of the Congress who alleges a violation of the rights and protections under the ADA, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress. (Sec. 202) Applies the rights, protections, and remedies of the FMLA, EPPA, WARN (with regard to closures or mass layoffs), and veterans' employment and reemployment rights to covered employees, GAO, and the Library of Congress. Applies the FLSA to covered employees and GPO. Prohibits covered employees from receiving compensatory time in lieu of overtime compensation. Provides that nothing in this Act shall preclude the Capitol Police from using lie detector tests in accordance with prescribed regulations under this Act. (Sec. 207) Makes it unlawful for an employing office to intimidate, take reprisal against, or otherwise discriminate against, any covered employee for opposing any practice made unlawful by this Act, or for initiating proceedings, making charges, or testifying, assisting, or participating in any manner in a hearing or other proceeding under this Act. Provides that the remedy available for such violation shall be such legal or equitable remedy as would be appropriate. Part B: Public Services and Accommodations under the Americans with Disabilities Act of 1990 - Applies the rights and protections against discrimination in the provision of public services and accommodations under the ADA to the Senate, the House, congressional and joint committees, the Capitol Guide Service, the Capitol Police, CBO, AOC, the Office of the Attending Physician, the Office, and OTA. Makes available specified remedies awarded under the ADA, as appropriate, except that with respect to any claim of employment discrimination asserted by any covered employee, the exclusive remedy under this title shall apply. Describes procedures to remedy other ADA violations, including filing a charge with the General Counsel of the Office, mediation, and judicial review. Makes specified remedies and procedures under the Civil Rights Act of 1964 available to disabled visitors, guests, or patrons of instrumentalities of the Congress (GAO, GPO, and the Library) who allege violations under ADA provisions described by this part. Part C: Occupational Safety and Health Act of 1970 - Directs each employing office (including GAO and the Library) and covered employees to comply with OSHA. Requires the remedy for an OSHA violation to be an order to correct the violation. Establishes procedures for such remedies, including granting the General Counsel and the Board certain authorities exercised by the Secretary of Labor under OSHA. Part D: Labor-Management Relations - Applies Federal labor- management relations provisions to employing offices and covered employees. Grants the Board and the General Counsel specified authorities of the Federal Labor Relations Authority to enforce such provisions. Part E: General - Allows the hearing officer, Board, or court, as the case may be, to award attorney's fees, expert witness fees, and other costs as would be appropriate under the Civil Rights Act of 1964 to a covered employee with respect to a claim under this Act or a qualified person with a disability with respect to a claim under the ADA. Prohibits a civil penalty or punitive damages from being awarded with respect to any claim under this Act. Bars persons other than veterans from commencing an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this Act except as provided in this Act. Provides that only a covered employee who has undertaken and completed the employee counseling and mediation procedures described in this Act may be granted a remedy under Part A of this title. Part F: Study - Directs the Administrative Conference of the United States to study the application of the following laws to GAO, GPO, and the Library of Congress and the regulations and procedures used by such entities to apply and enforce such laws: (1) title VII of the Civil Rights Act of 1964; (2) the ADEA; (3) the ADA; (4) the FMLA; (5) the FLSA; (6) OSHA; (7) the Rehabilitation Act of 1973; (8) Federal labor-management relations provisions; (9) the General Accounting Office Personnel Act of 1980; (10) the EPPA; (11) the WARN; and (12) provisions regarding veterans' employment and reemployment rights. Title III: Office of Compliance - Establishes in the legislative branch an Office of Compliance (Office) to carry out: (1) a program of education for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them; and (2) a program to inform individuals of their rights under such laws. Requires the Board Chair to appoint an Executive Director, a Deputy Executive Director for the Senate, and a Deputy Executive Director for the House of Representatives. (Sec. 304) Sets forth procedures for congressional approval of the Board's regulations required under title II to implement this Act, including regulations on the appropriate application of exemptions under the laws made applicable in such title. (Sec. 305) Authorizes appropriations. Title IV: Administrative and Judicial Dispute-Resolution Procedures - Sets forth procedures for counseling, mediation, election of proceedings, hearings, judicial review of Board decisions and enforcement, civil actions, and judicial review of regulations issued by the Board with respect to consideration of alleged violations of Part A of title II. (Sec. 410) Prohibits judicial review of actions taken pursuant to this Act, except as expressly authorized by this title. (Sec. 415) Authorizes appropriations for the establishment of an account in the Treasury for the Office for payment of awards and settlements under this Act. Prohibits funds in the account from being available for awards and settlements involving GAO, GPO, and the Library. Authorizes appropriations for funds for: (1) administrative, personnel, and similar expenses of employing offices which are needed to comply with this Act; and (2) the correction of OSHA and ADA accommodation and access violations. (Sec. 416) Makes all counseling, mediation, and hearings and deliberations of the Board confidential. Permits the records of hearing officers and the Board to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to hearing records and decisions after the issuance of a final decision on a complaint. Title V: Miscellaneous Provisions - Provides that it shall not be a violation of any provision of Section 201 to consider the party affiliation, domicile, or political compatibility, with respect to employment decisions, of employees who are: (1) on the staff of the House or Senate leadership; (2) on the staff of congressional committees, joint committees, or subcommittees; (3) on the staff of Members of the House or Senators; (4) officers of the House or the Senate or elected or appointed congressional staff; or (5) applicants for any such positions. (Sec. 503) Provides that the Senate Select Committee on Ethics and the House Committee on Standards of Official Conduct retain full power with respect to the discipline of Members, officers, and employees for violating rules of the Senate and House on nondiscrimination in employment. (Sec. 505) Requires the Judicial Conference of the United States to report to the Congress on the application to the judicial branch of: (1) the FLSA; (2) title VII of the Civil Rights Act of 1964; (3) the ADA; (4) the ADEA; (5) the FMLA; (6) OSHA; (7) Federal labor- management relations provisions; (8) the EPPA; (9) the WARN; (10) the Rehabilitation Act of 1973; and (11) veterans' employment and reemployment provisions. Requires the report to include any recommendations the Judicial Conference may have for legislation to provide judicial branch employees with the rights, protections, and procedures under such laws, including administrative and judicial relief, that are comparable to those available to legislative branch employees under titles I through IV of this Act. (Sec. 506) Sets forth transitional provisions with respect to certain existing claims.
United States · United States Congress · 4 January 1995
Establishes a Coordinator for Counter-Terrorism within the office of the Secretary of State to supervise international counterterrorism activities.
United States · United States Congress · 4 January 1995
Amends Federal law to prohibit any State from imposing an income tax on the pension income of any individual who is not a resident or domiciliary of that State.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1995 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to restore the deduction for individual retirement plans (IRAs). Provides a phase-up of income limits (from 1995 through 1998) with respect to the limitation on the deductibility of contributions to IRAs by active participants in employer-maintained plans. Removes the spousal rule from such limitation. Terminates income limits after December 31, 1998. Provides an inflation adjustment for deductible amounts after 1995. Allows certain spouses a full deduction for contributions to an IRA. Makes certain coins and bullion ineligible as collectible investments for purposes of distributions from an IRA. Coordinates the limit on such deduction with the elective deferral limit under other pension provisions. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Excludes distributions from such accounts from the gross income of the distributee, if the assets remain in such accounts for at least five years. Allows qualified transfers to be made to such accounts. Establishes penalties for early withdrawals and excess contributions. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to purchase first homes, pay higher education expenses and financially devastating medical expenses, and assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to specified congressional committees on the use of qualified asset accounts. Requires the Secretary to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 7 October 1994
Amends the Age Discrimination in Employment Act of 1967 to provide that the exemption from provisions of such Act applicable to elected State and local officials shall not apply to all persons holding a judicial office (thus including judges under the definition of employee and affording them protection under such Act).
United States · United States Congress · 7 October 1994
Bank Insurance Fund and Depositor Protection Act of 1994 - Amends the Federal Deposit Insurance Act to exclude from its definition of "deposit" any liability of an insured depository institution that arises under an annuity contract, the income on which is tax deferred (thus excluding such liabilities from Federal deposit insurance coverage).
United States · United States Congress · 6 October 1994
Commemorative Coin Moratorium Act of 1994 - Expresses the sense of the Congress that: (1) specified congressional committees should not report or clear for consideration any legislation during the 104th Congress that provides for any commemorative coin programs; (2) legislation providing for commemorative coin programs should only be considered by specified congressional committees after taking into account the recommendations of the Citizens Commemorative Coin Advisory Committee; and (3) the U.S. should recognize the 50th anniversary of the signing of the World War II peace accords on the U.S.S. Missouri by minting and issuing a commemorative coin. Directs the Secretary of the Treasury to issue one-dollar silver coins: (1) emblematic of the signing of the World War II peace accords on September 2, 1945; (2) bearing the likeness of Franklin Delano Roosevelt; and (3) emblematic of the national shrines of liberty showing the Liberty Bell on one side and Independence Hall on the other. Directs the Secretary to issue five-dollar gold coins and one-dollar silver coins emblematic of the National Law Enforcement Officers Memorial. Establishes the National Law Enforcement Officers Memorial Maintenance Fund.
United States · United States Congress · 6 October 1994
Bank Insurance Fund and Depositor Protection Act of 1994 - Amends the Federal Deposit Insurance Act to exclude from its definition of "deposit" any liability of an insured depository institution that arises under an annuity contract, the income on which is tax deferred (thus excluding such liabilities from Federal deposit insurance coverage).
United States · United States Congress · 6 October 1994
Designates the week of October 23 through 31, 1994, as National Red Ribbon Week for a Drug-Free America.
United States · United States Congress · 6 October 1994
Revises rule XXXV of the Standing Rules of the Senate to prohibit any Member, officer, or employee of the Senate (Member) from accepting a gift, knowing that such gift is provided by a lobbyist, a registered lobbyist under the Federal Regulation of Lobbying Act, a lobbying firm, or an agent of a foreign principal. Sets forth provisions regarding what: (1) constitutes a prohibited gift (including anything provided by a lobbyist which is paid for, charged to, or reimbursed by a client or firm of such lobbyist, certain charitable contributions or other payments by a lobbyist relating to a retreat sponsored by or affiliated with an official congressional organization); and (2) does not constitute a gift (including anything for which the recipient pays the market value, anything the recipient does not use and promptly returns to the donor, food or refreshments of nominal value offered other than as part of a meal, and pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer). Sets forth provisions regarding gifts given for a nonbusiness purpose, motivated by family relationship or close personal friendship (generally permitted). Prohibits any Member from knowingly accepting a gift from any other person except as provided in this rule. Lists circumstances where such restrictions shall not apply. Considers a gift to the spouse or dependent of a Member to be a gift to such Member if given with the knowledge and acquiescence of, and with reason to believe the gift was given because of official position as, a Member. Permits Members to accept: (1) offers of free attendance at a widely attended convention, symposium, reception, or similar event, subject to specified requirements; and (2) a sponsor's unsolicited offer of free attendance at a charity event, except for reimbursement for transportation and lodging in connection with the event. Directs the Select Committee on Ethics to provide guidance setting forth reasonable steps that may be taken by Members, with a minimum of paperwork and time, to prevent the acceptance of prohibited gifts from lobbyists.
United States · United States Congress · 4 October 1994
Authorizes the President to present, on behalf of the Congress, to the Lubavitcher rebbe, Rabbi Menachem Mendel Schneerson, a gold medal in recognition of his outstanding and enduring contributions toward world education, morality, and acts of charity. States that no appropriations are authorized to implement this Act. Declares that the medals struck pursuant to this Act are national medals.
United States · United States Congress · 3 October 1994
Gift of Life Congressional Medal Act of 1994 - Directs the Secretary of the Treasury to design and strike a bronze medal to commemorate organ and tissue donors and their families. Makes eligible for the medal any organ or tissue donor or donor's family. Requires the Secretary of Health and Human Services to arrange for medal presentation to eligible individuals. Declares the medals to be national medals. Authorizes the Secretary of the Treasury to enter into agreements with the Organ Procurement and Transplantation Network to solicit donations to offset expenditures relating to medal issuance. Requires the Secretary of the Treasury to deposit all solicited donations into the Numismatic Public Enterprise Fund.
United States · United States Congress · 3 October 1994
Expresses the sense of the Congress that the Department of Housing and Urban Development should not enforce the Fair Housing Act in a way that would interfere with the exercise of the right of free speech, the right of free association, or the right to petition the Government for a redress of grievances.
United States · United States Congress · 30 September 1994
Ryan White CARE Reauthorization Act of 1994 - Amends the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (title XXVI of the Public Health Service Act) to limit the grant program for emergency relief for areas with substantial need for services to eligible areas with a population of at least 500,000 individuals. Requires an HIV health services planning council (which advises on the distribution of such grants) to be reflective of the demographics of the human immunodeficiency virus (HIV) epidemic in an eligible area, with particular consideration given to disproportionately affected and historically underserved groups. Revises the method of distributing such grants and extends authorized appropriations for them until FY 2000. Revises the care grant program that makes funds available for individuals and families with the HIV disease. Authorizes the award of supplemental grants to eligible entities to enhance community-based care, treatment, and supportive services through the development and operation of consortia and innovative approaches. Extends authorized appropriations for such grant program through FY 2000. Requires the establishment of grievance procedures to address allegations of egregious violations of title XXVI of the Public Health Service Act. Directs the Secretary of Health and Human Services to coordinate the planning and implementation of Federal HIV programs to facilitate the development of a complete continuum of HIV-related services for individuals with HIV disease and those at risk of such disease. Extends authorized appropriations for early intervention services until FY 2000. Extends authorized appropriations until FY 2000 for grants for coordinated services and access to research for children, youth, women, and families (formerly known as demonstration grants for research and services for pediatric patients regarding acquired immune deficiency syndrome). Makes appropriations available for special projects of national significance program to award direct grants to public and nonprofit private entities to fund special programs for the care and treatment of individuals with HIV disease.
United States · United States Congress · 29 September 1994
Designates the weeks of February 5 through February 11, 1995, and February 4 through February 10, 1996, each as National Burn Awareness Week.
United States · United States Congress · 27 September 1994
Designates March 1995 and March 1996 as Irish-American Heritage Month.
United States · United States Congress · 21 September 1994
Designates October 19, 1994, as National Mammography Day.
United States · United States Congress · 13 September 1994
Crime Control Improvement Act of 1994 - Amends the Violent Crime Control and Law Enforcement Act of 1994 (the Act) to eliminate the Model Intensive Grant Program, the Local Partnership Grant Program, the Local Crime Prevention Block Grant Program, the Family and Community Endeavor Schools Program, the Community-Based Justice Grant Program, the Urban Recreation Program, the At-Risk Youth Program, the Police Recruitment Program, the National Community Economic Partnership Program, the Community Schools Program, the Ounce of Prevention Program, the Gang Resistance Education and Training Program, the Drug Courts Program, and the Family Unity Demonstration Project. Revises the Act to authorize the Attorney General to make grants to construct, expand, modify, operate, or improve conventional prisons (currently, correctional facilities). Repeals provisions regarding the transfer of unused funds. Increases Federal mandatory minimum sentences for using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime, employing minors in drug trafficking, and selling illegal drugs to minors. Bars the court from placing on probation or suspending the sentence of any person convicted of such offenses. Amends the Immigration and Nationality Act to expand the definition of "aggravated felony." Authorizes the Attorney General to issue a final order of deportation against any alien who was not lawfully admitted for permanent residence, or who had permanent resident status on a conditional basis, whom the Attorney General determines to be deportable under provisions relating to conviction of an aggravated felony. Limits judicial review of such determinations. Provides for deportation of permanent resident aliens under specified circumstances. Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable if requested prior to sentencing by the U.S. Attorney. Restricts defenses to deportation. Enhances penalties for failing to depart or reentering after a final order of deportation. Limits collateral attacks on deportation orders. Directs the Attorney General to operate a criminal alien tracking center. Authorizes appropriations. Revises provisions of the Act pertaining to the non-application of mandatory minimum sentences in certain cases involving nonviolent drug offenses. Expresses the sense of the Congress that all grants authorized under the Act and not required to be distributed according to a formula prescribed by law shall be distributed in a fair and equitable manner that ensures that rural States receive a fair and proportional share of the funds.
United States · United States Congress · 25 August 1994
Amends the Housing and Community Development Act of 1974 to extend the period during which the Secretary of Housing and Urban Development may not recapture, adjust, withdraw, or reduce any urban development action grants (UDAG) from UDAG recipients.
United States · United States Congress · 23 August 1994
Designates the week of March 12, 1995, as National Manufacturing Week.
United States · United States Congress · 19 August 1994
Missing Service Personnel Act of 1994 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Requires a board to be reconvened when information becomes available that would directly lead to a determination of a person's status. Requires the Secretary concerned to appoint a board to conduct an inquiry as to the status of a missing person: (1) on or about three years after the first official notice of the disappearance of such person; and (2) not later than every three years thereafter until a total of 12 years after the first official notice. Provides for: (1) the release to a board by the Secretary concerned of all personnel file information concerning missing persons; (2) the treatment of classified information; (3) penalties for the wrongful withholding of information; (4) limited circumstances under which a board may recommend that a missing person be declared officially dead; (5) the submission by the board of appropriate information if such recommendation occurs; and (6) judicial review for interested persons of a board decision to declare a person officially dead. Provides for the appointment of a board to review the status of a person previously declared dead, with board procedures similar to those described above. Requires a person previously declared dead or in a missing status who is subsequently found alive to be paid for the full time of their absence.
United States · United States Congress · 12 August 1994
Designates the week beginning September 12, 1994, as National Hispanic Business Week.