United States · United States Congress · 9 May 1995
Expresses the sense of the Congress that economically targeted investments violate specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA) relating to a fiduciary's responsibility to serve the interests of employee benefit plan participants and beneficiaries exclusively. Requires that the application of such ERISA provisions to employee benefit plan asset investments be determined without regard to a specified Department of Labor (DOL) interpretive bulletin or any other similar directive regarding economically targeted investments. Prohibits DOL officers or employees from traveling, lecturing, or otherwise expending DOL resources to promote, directly or indirectly, economically targeted investments. Amends ERISA to prohibit Federal agencies or instrumentalities from establishing or maintaining any clearinghouse or other database relating to economically targeted investments for employee benefit plans. Directs Federal agencies and instrumentalities to immediately terminate contracts or other arrangements which violate this Act.
United States · United States Congress · 9 May 1995
Expresses the sense of the Senate that the current Federal income tax deduction for interest paid on debt secured by a first or second home located in the United States should not be further restricted.
United States · United States Congress · 26 April 1995
Reaffirms that: (1) the status quo on Cyprus is unacceptable; and (2) all foreign troops should be withdrawn. Welcomes the appointment of a Special Presidential Emissary for Cyprus. Expresses continued support for efforts by the United Nations (UN) Secretary General and the U.S. Government to resolve the Cyprus problem. Insists that all parties to the dispute agree to seek a solution based upon relevant UN resolutions. Supports demilitarization of Cyprus. Encourages the UN Security Council and the U.S. Government to consider alternative approaches to promote a resolution of the dispute based upon relevant Security Council resolutions.
United States · United States Congress · 24 April 1995
Condemns the bombing at the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Sends condolences to the families. Commends rescue and volunteer workers, law enforcement officials, and the President. Urges the President to use all necessary means to find and punish the perpetrators. Supports the President's and Attorney General's position that Federal prosecutors will seek the maximum penalty allowed by law, including the death penalty, for those responsible. Declares that the Senate will expeditiously approve legislation to strengthen the authority and resources of all Federal agencies involved in combating such acts of terrorism.
United States · United States Congress · 7 April 1995
TABLE OF CONTENTS: Title I: Amendments of Internal Revenue Code of 1986 Subtitle A: Medical Care Savings Accounts Subtitle B: Expansion of COBRA Continuation Coverage Title II: Insurance Reform Subtitle A: Employer Insurance Protections Subtitle B: Guaranteeing Portability of Health Insurance for Individuals Subtitle C: Assuring Health Insurance Coverage for Uninsurable Individuals Health Insurance Portability and Guaranteed Renewability Act of 1995 - Title I: Amendments of Internal Revenue Code of 1986 - Subtitle A: Medical Care Savings Accounts - Amends the Internal Revenue Code (IRC) to provide for medical care savings benefits, under which a portion of a premium would be credited to a participating employee to pay for medical care and amounts remaining (if any) at the end of the year would be deposited to a medical care savings account (medical IRA). (Sec. 102) Defines a "medical care savings account" (MCSA) as a trust for the exclusive benefit of an individual and the individual's spouse and dependents and meeting certain requirements. Provides for the tax treatment of such accounts and their distributions. Treats custodial accounts as a trust if specified criteria are met. Amends various provisions of the IRC (relating to old-age, survivors, and disability insurance, hospital insurance, railroad retirement, unemployment taxes, and withholding) and the Social Security Act (relating to old-age, survivors, and disability insurance) to exclude from the definition of "wages" (or, in the case of provisions relating to railroad retirement, the definition of "compensation") any payment to or for the benefit of an employee if the payment is excludable from gross income. Amends the IRC to exempt MCSAs from provisions imposing a tax on certain prohibited transactions. Imposes a penalty for failure to file required report on a MCSA. (Sec. 103) Allows cafeteria plan flexible spending arrangements to be contributed to a MCSA. Subtitle B: Expansion of COBRA Continuation Coverage - Amends the IRC and the Employee Retirement Income Security Act of 1974 (ERISA) to exempt group health plans maintained by employers who all employ fewer than two (currently, 20) employees from continuation coverage requirements. Modifies requirements regarding the maximum required coverage period. Amends the Public Health Service Act (PHSA) to exempt group health plans maintained by employers who all employ fewer than four (currently, 20) employees from continuation coverage requirements. Modifies requirements regarding the maximum required coverage period. (Sec. 112) Amends the IRC, ERISA, and the PHSA to revise the type of continuation coverage required and general requirements for group health plan continuation coverage. Title II: Insurance Reform - Subtitle A: Employer Insurance Protections - Prohibits any health benefit insurer providing or offering a small group health plan from cancelling or not renewing except for specified reasons or refusing to provide coverage based solely on the nature of the employer's business or industry. Limits premium rate increases and variation (across and within business classes) in index rates. Allows an insurer to use industry as a case characteristic in establishing rates. (Sec. 202) Restricts preexisting condition limitations or exclusions. Requires insurers offering coverage to a small employer to offer coverage to all eligible employees of the small employer and their dependents. (Sec. 203) Amends the IRC to impose a penalty on the failure of an insurer or group health plan to meet the requirements of this subtitle. Subtitle B: Guaranteeing Portability of Health Insurance for Individuals - Declares that this subtitle applies only to health benefit plans delivered or issued to individuals in a State and does not apply to: (1) any employer-based plan; or (2) any eligible individual whose prior similar plan was provided by a State high risk pool, under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, or under another State or Federal program (unless the individual was previously covered as a State or Federal employee). (Sec. 212) Requires an insurer, if an eligible individual or family applies for an individual plan, to either offer or deny coverage to all eligible individuals applying on the application. Regulates preexisting condition exclusions or limitations. Requires an insurer to offer, to a dependent who would otherwise lose eligibility because of certain events, continuation coverage identical to that previously issued. (Sec. 213) Prohibits cancelling or not renewing plans except for specified reasons. Subtitle C: Assuring Health Insurance Coverage for Uninsurable Individuals - Requires each health insurer, health service organization, and health maintenance organization to participate in a high risk health insurance pool in the State in which it operates. Requires that the pool assure the availability of qualified health insurance to uninsurable individuals. Funds the pool by an assessment against such entities on a pro rata basis of lives covered in the State. Allows the assessment to be added by those entities to the costs of their health insurance or coverage. (Sec. 222) Outlines criteria for being considered: (1) uninsurable; and (2) eligible. (Sec. 224) Limits premiums established under the pool.
United States · United States Congress · 6 April 1995
Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training, the dissemination of health information, and other programs regarding Parkinson's disease. Establishes the Interagency Coordinating Committee on Parkinson's Disease. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Authorizes establishment of the National Parkinson's Disease Data System to collect, store, analyze, retrieve, and disseminate data. Establishes: (1) the National Parkinson's Disease Information Clearinghouse; (2) a grant program to support scientists who have distinguished themselves in Parkinson's research; and (3) a national education program to foster a national focus on Parkinson's and the care of those with Parkinson's. Authorizes appropriations.
United States · United States Congress · 5 April 1995
Electoral Rights Enforcement Act of 1995 - Authorizes each State or the people thereof to prescribe the maximum number of terms to which a person may be elected or appointed to the Senate or the House of Representatives.
United States · United States Congress · 4 April 1995
Youth Development Community Block Grant Act of 1995 - Establishes a youth development block grant program. (Sec. 5) Authorizes appropriations. Sets forth formulas for allocation of funds to States and for distribution of funds through States to local boards for community-based youth development services. (Sec. 6) Requires establishment of county or multicounty Community Youth Development Boards to receive such assistance and make grants for youth development programs. (Sec. 7) Requires, as a condition for any entity within a State to receive such assistance, establishment or designation of a State entity to receive youth development input, review community youth development plans, monitor operations of community boards, provide technical assistance in developing and implementing community plans, and provide annual reports and audits. (Sec. 8) Directs the Assistant Secretary for Children and Families of the Department of Health and Human Services to: (1) establish a mechanism to receive youth development advice and input; (2) develop and issue national policy goals and a national strategic plan for youth development; (3) establish a system for monitoring and evaluating the effectiveness of activities funded under this Act; (4) coordinate programs funded under this Act with other Federal programs serving youth and families; and (5) establish a system for providing training and technical assistance to States and local communities to increase their capacity to provide quality youth development services. Authorizes the Assistant Secretary to provide financial assistance to appropriate entities to carry out time-limited, research-based youth development demonstration programs designed to improve the knowledge base of the youth development and youth prevention fields. (Sec. 9) Repeals specified provisions under: (1) certain Federal law relating to the Local Partnership Act; (2) the Violent Crime Control and Law Enforcement Act of 1994 relating to crime prevention programs and to urban recreation and at-risk youth; (3) the Elementary and Secondary Education Act of 1965 (ESEA) relating to school dropout demonstration assistance and to drug free schools and communities; (4)the Job Training Partnership Act relating to summer youth employment and training programs; (5) the Public Health Service Act relating to grants for the prevention of alcohol and drug abuse among high-risk youth, and to community coalition demonstration projects to support health and human service needs for minority males; (6) the Juvenile Justice and Delinquency Prevention Act of 1974 relating to gang-free schools and communities, to mentoring, and to local delinquency programs; (7) the Human Services Reauthorization Act of 1986 relating to demonstration partnership agreements; (8) the Community Services Block Grant Act relating to the National Youth Sports Program; and (9) the Anti-Drug Abuse Act of 1988 relating to drug abuse prevention relating to youth gangs and runaway and homeless youth. (Sec. 10) Sets forth conforming amendments to: (1) ESEA relating to school dropout demonstrations; (2) ESEA and the Anti-Drug Abuse Act of 1988 relating to drug-free schools and communities; (3) the Job Training Partnership Act; and (4) the National School Lunch Act relating to the National Youth Sports Program. (Sec. 11) Provides for transfer of a limited amount of funds from such repealed programs to the program under this Act.
United States · United States Congress · 23 March 1995
Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Excludes from the definition of "recyclable material" any material that contains polychlorinated biphenyls in excess of 50 parts per million or any Federal standard promulgated after this Act's enactment. Considers transactions involving scrap paper, plastic, glass, textiles, rubber (other than whole tires), or metal or spent batteries to be arranging for recycling if the person arranging the transaction can demonstrate that: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; (4) in the case of transactions occurring no later than 90 days after this Act's enactment, the person exercised reasonable care to determine that the consuming facility was in compliance with Federal, State, or local environmental laws or regulations; (5) in the case of transactions involving scrap metal that occurred after the effective date of a regulation or standard associated with scrap metal recycling promulgated under the Solid Waste Disposal Act, the person was in compliance with such regulation or standard and did not melt the metal prior to the transaction; and (6) in the case of transactions involving batteries, the person did not recover the valuable components of the battery and the person was in compliance with Federal environmental regulations or standards regarding battery recycling. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that, in the case of transactions occurring no later than 90 days after this Act's enactment, the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material.
United States · United States Congress · 22 March 1995
Amends title XIX (Medicaid) of the Social Security Act, part A (Aid to Families with Dependent Children (AFDC)) of title IV, and title XVI (Supplemental Security Income for the Aged, Blind, and Disabled (SSI)) of the Social Security Act, the Food Stamp Act of 1977, and the United States Housing Act of 1937 to make fugitive felons and probation and parole violators ineligible for certain benefits under such Acts. Requires that certain Federal information compiled pursuant to such Acts concerning such individuals be furnished to Federal, State, and local law enforcement agencies. Requires the appropriate agencies to furnish the Immigration and Naturalization Service with the names, addresses, and other identifying information on illegal aliens. Amends AFDC provisions to terminate benefits for dependent children absent from the home for specified periods of time, with allowance for good cause exceptions.
United States · United States Congress · 16 March 1995
TABLE OF CONTENTS: Title I: Family Tax Credit Title II: Reducing the Cost of Capital by Reducing Capital Gains Tax Rates and Indexing the Basis of Certain Assets Title III: Neutral Cost Recovery Title IV: Increasing National Savings Through Individual Retirement Plus Accounts, Indexing for Inflation the Income Thresholds for Taxing Social Security Benefits, Etc. Title V: Cap on Federal Spending and Establishment of Commission to Reduce Federal Spending Title VI: Elimination of Social Security Earnings Test Family, Investment, Retirement, Savings, and Tax Fairness Act of 1995 - Title I: Family Tax Credit - Amends the Internal Revenue Code to allow individuals a tax credit of $500 multiplied by the number of qualifying children who have not attained age 18. Places limitations on such credit and adjusts it for inflation. Title II: Reducing the Cost of Capital by Reducing Capital Gains Tax Rates and Indexing the Basis of Certain Assets - Reduces the individual and corporate capital gains rate from 34 percent to 15 percent. Reduces such tax to 7.5 percent for low- and middle-income taxpayers. Provides for the phaseout of personal exemptions and the overall limitation on itemized deductions to take into account adjusted gross income which has been reduced by net capital gain. (Sec. 204) Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. (Sec. 205) Provides for indexing the limitation on capital losses of noncorporate taxpayers. Title III: Neutral Cost Recovery - Allows the depreciation deduction to be computed based on a neutral recovery basis for property placed in service after December 31, 1994. (Sec. 302) Establishes special depreciation rules applicable under the adjusted current earnings provisions of the minimum tax for taxable years after 1994. Title IV: Increasing National Savings Through Individual Retirement Plus Accounts, Indexing for Inflation the Income Thresholds for Taxing Social Security Benefits, Etc. - Allows individuals to establish individual retirement plus accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such account nondeductible. Provides for qualified distributions from such accounts, other than for general retirement purposes, including special purpose distributions made for the purchase of a first home and for medical or educational purposes. Prohibits special purpose distributions from being made during the first five years of the account. (Sec. 402) Provides an inflation adjustment after 1997 for income thresholds in determining the taxation of social security benefits. Excludes income from individual retirement plans when determining modified adjusted gross income. (Sec. 403) Provides an inflation adjustment after 1997 for the maximum amount allowable as a deduction for retirement savings. Title V: Cap on Federal Spending and Establishment of Commission to Reduce Federal Spending - Establishes the Spending Reduction Commission to: (1) recommend specific reductions in Federal activities to assure that spending does not grow at a rate in excess of two percent per year beginning after FY 1995; and (2) take actions required by this title to achieve such reductions. (Sec. 504) Sets forth procedures for the Office of Management and Budget for making budget outlay reduction recommendations to the appropriate congressional committees and the Commission. Provides for the President to review such recommendations. (Sec. 505) Provides for congressional consideration of approved recommendations as submitted by the President through a joint resolution. (Sec. 506) Declares all budget reductions made under this title to be permanent. (Sec. 509) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to set forth sequestration procedures when the increase in annual Federal spending exceeds the amount resulting from an annual rate of inflation of two percent. Title VI: Elimination of Social Security Earnings Test - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 15 March 1995
Product Liability Fairness Act of 1995 - Applies this Act to any product liability action begun after enactment of this Act, except for actions for loss or damage to a product itself, actions for commercial loss, and actions for negligent entrustment. Makes any circuit court of appeals decision interpreting this Act a precedent for any Federal or State court within that court's geographic jurisdiction. (Sec. 4) Allows a claimant or defendant in a product liability action to offer to proceed with voluntary, nonbinding alternative dispute resolution (ADR). Requires defendant offerees to pay reasonable attorney's fees and costs if they unreasonably or in bad faith refuse to proceed to ADR and final judgment is entered against the defendant. (Sec. 5) Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing. Declares that a failure to inspect is not a failure of reasonable care if there was no reasonable opportunity to inspect. Makes a seller liable as a manufacturer if the manufacturer is not subject to service or if the claimant would be unable to enforce a judgment. (Sec. 6) Makes it a complete defense if the claimant was under the influence of alcohol or a drug and was more than 50 percent responsible. (Sec. 7) Reduces damages by the percentage of harm attributable to misuse or alteration, except for actions involving an employer or coemployee if the employer or coemployee is, under State law, immune from claimant's action. (Sec. 8) Allows punitive damages, as permitted by State law, if the claimant shows by clear and convincing evidence that the harm resulted from the defendant's conscious, flagrant safety indifference. Limits the amounts that may be awarded for a claim. Requires, at the request of either party, consideration of punitive damages in a separate proceeding. (Sec. 9) Limits the time within which a product liability action must be started, with a separate limit for durable goods. (Sec. 10) Permits several and prohibits joint liability for noneconomic loss. (Sec. 11) Grants an insurer a right of subrogation whether or not the insurer is a party. Prohibits settlements or payments, and makes releases invalid, without the consent of the insurer. Requires, if the manufacturer or seller alleges the harm was the fault of the claimant's employer or coemployee, that the issue be submitted to the trier of fact. Reduces damages if it is found by clear and convincing evidence that the harm was so caused, but requires the manufacturer or seller to reimburse the insurer for attorney's fees and costs if it is not so found. (Sec. 12) Declares that U.S. district courts shall not have jurisdiction under this Act based on provisions of the U.S. Code relating to Federal questions, commerce and antitrust, and amounts in controversy.
United States · United States Congress · 8 March 1995
Expresses the sense of the Senate that: (1) obstetrician-gynecologists should be included as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include primary care services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 3 March 1995
Student Loan Evaluation and Stabilization Act of 1995 - Amends the Higher Education Act of 1965 with respect to student loan programs. (Sec. 3) Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year; and (2) for academic year 1995-1996 and any succeeding fiscal year, to 40 percent of new student loan volume for such year, except that the Secretary of Education may not enter into agreements with any additional eligible institutions that have not applied and been accepted for participation in such program on or before December 31, 1994. Eliminates provisions for selecting additional institutions to participate in such pilot program. Makes available, for each fiscal year to the Secretary from funds not otherwise appropriated, funds for all direct and indirect expenses associated with such Federal Direct Student Loan program. Revises provisions for congressional oversight of program administration, by providing for funding triggers which allow administrative funds to be obligated only in such amounts and according to such schedule as specified in the appropriations Act for the Department of Education after submission by the Department of a detailed proposal for such expenditures. Directs the Secretary of Education to provide a detailed quarterly report of all such expenditures to specified congressional committee chairs. Requires such report to specifically identify all contracts entered into by the Department for services supporting the Federal Family Education Loan (FFEL) Program and the Federal Perkins Loan Program, as well as the current and projected costs of such contracts. Requires a guaranty agency to elect an administrative cost allowance payment rate on the basis of one of two specified formulas. Eliminates the transition to the Federal Direct Loan Program. (Sec. 4) Provides that direct loans have the same terms and conditions as FFEL (guaranteed) loans. (Sec. 5) Sets forth conditions under which: (1) Federal Perkins Loan borrowers can obtain FFEL consolidation loans; and (2) FFEL borrowers can obtain Federal direct consolidation loans. (Sec. 6) Allows income contingent repayment in the FFEL (guaranteed) loan program. (Sec. 7) Revises provisions relating to reserve fund programs. (Sec. 8) Sets institutional default rate limitations on direct lending. Conditions the Secretary's authority to make new direct loans on the issuance of certain final standards and procedures for calculation of institutional default rates and for termination proceedings. (Sec. 9) Permits development, production, distribution, or use of the common application form in an electronic format through software produced or distributed by guaranty agencies or eligible lenders, or consortia. Allows the applicant to certify the outcome of the application in a subsequent document. Prohibits charging a fee in connection with the use of such electronic form. Directs the Secretary to approve the use of such a form which is not inconsistent with certain HEA provisions, or to specifically identify the changes necessary to secure approval. (Sec. 10) Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Allows such form to be in an electronic or any other format, subject to certain conditions, in order to facilitate use by borrowers and institutions. Provides for authorized guaranty agencies to receive such form. (Sec. 11) Amends the Congressional Budget Act to prescribe a formula for determining the cost of a direct loan on the basis of the net present value, at the time the direct loan is disbursed, of specified types of cash flows for the estimated life of the loan.
United States · United States Congress · 3 March 1995
TABLE OF CONTENTS: Title I: Joint Budget Resolution Title II: Balanced Budget and Spending Restraints Balanced Budget-Spending Limitation Act of 1995 - Title I: Joint Budget Resolution - Amends the Congressional Budget Act of 1974 to reform the budget process by requiring a joint resolution on the budget instead of the concurrent resolution on the budget. Title II: Balanced Budget and Spending Restraints - Establishes a Federal spending limit of 21.5 percent of the gross domestic product for FY 1996 declining to 19 percent by FY 2002. Requires reduction of the maximum deficit amount to zero by FY 2002. Allows a waiver or suspension on the prohibition on exceeding the maximum deficit amount or the Federal spending limit by a three-fifths vote of both Houses. Prohibits the House or Senate from considering legislation that increases the public debt established by law for a fiscal year in excess of the Federal spending limit. Allows a waiver or suspension on such prohibition by a three-fifths vote of both Houses. Establishes a point of order against any legislation that does not allocate savings derived from changes in social security benefits or revenues from social security tax increases to the social security trust fund. Allows a waiver or suspension on such prohibition by a three-fifths vote of both Houses. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a mid-year and end of the year sequester if any laws effective during the current year will cause the deficit to exceed the maximum deficit or the Federal spending limit. Cancels budget authority sequestered at the end of the year permanently. Requires the President to submit a revised budget for FY 1996 that conforms to the spending limitations established in this Act. Makes the amendments and limits established by this title, and the procedures provided in Acts amended by this title, applicable to fiscal years beginning with FY 1996 and requires them to continue notwithstanding the termination of any Act setting forth such procedures.
United States · United States Congress · 16 February 1995
TABLE OF CONTENTS: Title I: Improvements to the Child Support Collection System Subtitle A Eligibility and Other Matters Concerning Title IV-D Program Clients Subtitle B: Program Administration and Funding Subtitle C: Locate and Case Tracking Subtitle D: Streamlining and Uniformity of Procedures Subtitle E: Paternity Establishment Subtitle F: Establishment and Modification of Support Orders Subtitle G: Enforcement of Support Orders Subtitle H: Medical Support Title II: Increased Access to Financial Information of Noncustodial Parents and Additional Improvements in Enforcement Title III: Effective Dates Child Support Responsibility Act of 1995 - Title I: Improvements to the Child Support Collection System - Subtitle A: Eligibility and Other Matters Concerning Title IV-D Program Clients - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to require States to have statutorily prescribed procedures to: (1) record child support orders in a central case registry; and (2) collect child support payments through a centralized collections unit. (Sec. 101) Revises the guidelines for: (1) State plans for child and spousal support; and (2) payments distribution. (Sec. 103) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions. Subtitle B: Program Administration and Funding - Revises the formula for: (1) Federal matching payments to the States; and (2) incentive adjustments to the Federal matching rate. (Sec. 113) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 115) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 116) Directs the Secretary of Health and Human Services (the Secretary) to conduct staffing studies of each State child support enforcement program and to report the results to the Congress. (Sec. 117) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Subtitle C: Locate and Case Tracking - Mandates that the single statewide automated data system function as a single central case registry of State-provided services and support orders. Delineates contents of case records and data matching activities, including data exchange with sister States. (Sec. 122) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 123) Requires the States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 125) Revises the Federal Parent Locator Service to add kinds of information which may be transmitted to locate individuals and assets for purposes of establishing parentage and executing child support obligations. Requires the Secretary to establish in the Service a Data Bank of Child Support Orders and an automated directory of New Hires. (Sec. 126) Requires State plans to include procedures for recording social security numbers on certain family legal documents and records. Subtitle D: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. (Sec. 132) Amends the Federal judicial code to revise the procedures for a court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 133) Amends SSA title IV part D to revise State plan guidelines for mandatory expedited administrative and judicial procedures to include: (1) authorized genetic testing to establish paternity; and (2) the securing of assets and increasing of monthly payments to satisfy a support arrearage. Subtitle E: Paternity Establishment - Revises the guidelines for statutorily prescribed procedures governing genetic testing and outreach for voluntary paternity acknowledgment. Subtitle F: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to determine the need for consideration by the Congress of national child support guidelines. (Sec. 152) Revises the requirements for State plan procedures for the review and adjustment of support orders. Subtitle G: Enforcement of Support Orders - Amends the Internal Revenue Code to revise the priority of refund distribution with respect to past-due support owed to individuals. (Sec. 163) Amends SSA title IV part D to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of current and retired members of the armed forces. (Sec. 165) Requires States to have statutorily prescribed procedures for: (1) placing liens for child support arrearages on motor vehicle titles of the debtor; (2) voiding fraudulent transfers by a child support debtor; (3) suspending any driver's, business, or occupational license issued to any person who owes past-due child support; (4) reporting to credit bureaus the name of the parent in arrears for child support; (5) extending the statute of limitations for collection on child support arrearages; and (6) calculating interest or penalties on such arrearage. (Sec. 171) Prescribes procedural guidelines for passport denial (including revocation) upon certification of nonpayment of child support. (Sec. 172) Expresses the sense of the Congress that the United States should ratify the United Nations Convention of 1956. Requires State plans to provide that the State must treat international child support cases as interstate cases. Subtitle H: Medical Support - Amends the Employee Retirement Income Security Act of 1974 to include within the definition of medical child support order an order issued through a State administrative process. Title II: Increased Access to Financial Information of Noncustodial Parents and Additional Improvements in Enforcement - Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such State agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for knowingly or negligently violating such prohibition. (Sec. 202) Amends the Fair Credit Reporting Act to prescribe circumstances under which a consumer reporting agency may furnish a consumer report to a State child support enforcement agency. (Sec. 203) Amends SSA title IV part D to prescribes guidelines under which the States are required to have statutorily prescribed procedures which mandate: (1) any child support order to provide for coverage of the health care costs of the child; and (2) employers to pay within ten days any amounts withheld from wages to pay child support obligations. Establishes a late payment penalty for failure of employers to make timely payments. (Sec. 206) Directs the Secretary to expand the Federal Parent Locator Service to establish a national network based on the comprehensive statewide child support enforcement systems developed by the States. Title III: Effective Dates - Sets forth effective dates for this Act.
United States · United States Congress · 15 February 1995
Authorizes the Alpha Phi Alpha Fraternity to establish a memorial to Martin Luther King, Jr., in the District of Columbia and its environs. Prohibits the United States from paying any expense of establishing the memorial.
United States · United States Congress · 14 February 1995
Stop Turning Out Prisoners Act - Revises provisions of the Violent Crime Control and Law Enforcement Act of 1994 regarding judicial remedies with respect to prison conditions. Specifies that prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that action. Prohibits the court from granting or approving any prospective relief unless it finds that the relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Prohibits the court, in any such action, from granting or approving any relief whose purpose or effect is to reduce or limit the prison population unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Sets forth provisions regarding: (1) termination of relief (including provision for the automatic termination of prospective relief after a two-year period); (2) procedure for motions affecting prospective relief; (3) standing (grants standing to specified Federal, State, or local officials to oppose the imposition or continuation in effect of relief the purpose or effect of which is to reduce or limit the prison population and to intervene in any proceeding relating to that relief); (4) special masters; and (5) attorney's fees.
United States · United States Congress · 13 February 1995
Privatization of Defaulted Debt Collection Act - Amends the Federal criminal code to require the Director of the Administrative Office of the U.S. Courts, to the extent practicable, to contract with private entities on a contingent fee basis to collect fines and special assessments on convicted persons that are more than 120 days in default.
United States · United States Congress · 3 February 1995
Language of Government Act of 1995 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because he or she communicates in English.
United States · United States Congress · 2 February 1995
Comprehensive Regulatory Reform Act of 1995 - Amends Federal law to define "major rule" as a rule or a group of closely related rules that the proposing agency or the President determines is likely to have an annual effect on the economy of $50 million or more in reasonably quantifiable increased costs, or has a significant impact on a sector of the economy. (Sec. 2) Authorizes an agency proposing the rule or the President to designate as a major rule any rule or group of closely related rules which is likely to result in: (1) a substantial increase in costs or prices for wage earners, consumers, individual industries, nonprofit organizations, Federal, State, or local government agencies, or geographic regions; or (2) significant adverse effects on competition, employment, investment, productivity, innovation, the environment, public health or safety, or the ability of enterprises whose principal places of business are in the United States to compete in domestic or export markets. Requires each Federal agency, before publishing notice of proposed rulemaking for any rule, to determine whether the rule is or should be designated major. Requires the agency to issue at the time of the notice of proposed rulemaking a draft cost-benefit analysis which shall be summarized in such notice. Prohibits an agency from promulgating a rule unless it finds that: (1) the rule's potential benefits to society outweigh its costs; and (2) such rule will provide greater net benefits to society than reasonable alternatives, including certain market-based mechanisms. Subjects agency and presidential rule determinations or designations to judicial review. Authorizes any person subject to a major rule to petition the agency or the President to perform a cost-benefit analysis. Requires an agency, before a major rule can become final, to submit to the Congress a copy of the rule and a report containing a concise statement on the rule, a complete copy of the cost-benefit analysis, and the proposed effective date of the rule. Prohibits a rule from becoming final if the Congress passes a joint resolution of disapproval. Prohibits the promulgation of any rule that expands Federal jurisdiction beyond the level of regulatory action needed to satisfy statutory requirements. Requires a court reviewing a final agency action to affirm an agency's interpretation of the statute granting authority to promulgate the rule if, in applying traditional principles of statutory construction, it finds that the interpretation is clearly the interpretation of the statute intended by the Congress. Requires the President to: (1) establish procedures for agency compliance with this Act; and (2) monitor, review, and ensure such compliance. Authorizes an affected small entity to petition for the judicial review of a final rule with respect to which an agency: (1) has certified that it would not have a significant economic impact on a substantial number of small entities; or (2) prepared a final regulatory flexibility analysis.
United States · United States Congress · 1 February 1995
Home Office Deduction Act of 1995 - Amends the Internal Revenue Code to provide that a home office qualifies as the principal place of business if: (1) the office is the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic (and not incidental) basis by the taxpayer; and (2) the office is necessary because the taxpayer has no other location for the performance of the essential administrative or management activities of the business. Treats the storage of product samples as inventory for deduction purposes.
United States · United States Congress · 1 February 1995
Amends the Clean Air Act to authorize a State in which all or part of a Severe ozone nonattainment area is located to submit a plan revision requiring employers in such area to implement programs to reduce work-related vehicle trips and miles by employees. (Current law requires such States to submit such revision within two years of the enactment of the Clean Air Act Amendments of 1990.) Authorizes such revision to require employers in such areas to increase average passenger occupancy per vehicle in commuting trips between home and workplace during peak travel periods. (Current law requires specified increases in average passenger occupancy.) Authorizes (current law requires) the revision to require employers subject to a vehicle occupancy requirement to submit a compliance plan.
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
Authorizes the Federal Energy Regulatory Commission, upon the request of specified licensees, to extend until April 15, 2001, the time required to commence construction of certain hydroelectric projects in Pennsylvania.
United States · United States Congress · 25 January 1995
Establishes a moratorium on the Interagency Memorandum of Agreement Concerning Wetlands Determinations until enactment of a successor law to the Food, Agriculture, Conservation, and Trade Act of 1990.
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 · 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 · 20 January 1995
Extends veterans benefits to an individual who served as a member of the U.S. merchant marine between August 16, 1945, and December 31, 1946, who, during that period, was licensed or otherwise documented by an officer or employee of the United States authorized to license or document such an individual as a crewmember of a vessel that at the time of service was: (1) operated by the War Shipping Administration or the Office of Defense Transportation, or an agent thereof; (2) operated in waters other than inland waters, the Great Lakes, other lakes, bays, and harbors of the United States; (3) under contract, charter to, or property of, the U.S. Government; and (4) serving the armed forces. Establishes application procedures. Requires the issuance of a certificate of honorable discharge, subject to the same standards relating to the nature and duration of service that apply to the honorable discharges issued under the GI Bill Improvement Act of 1977, to an individual who performed qualified service. Deems qualified service of an individual who receives an honorable discharge under this Act and who is not eligible under any other provision of law for benefits administered by the Secretary of Veterans Affairs to be active duty in the armed forces during a period of war for purposes of eligibility for benefits. Sets forth provisions regarding: (1) reimbursement of the Secretary for the value of benefits that the Department of Veterans Affairs provides to an individual by reason of eligibility under this Act; and (2) an application processing fee.
United States · United States Congress · 19 January 1995
Amends the Federal judicial code to require the Director of the Administrative Office of the U.S. Courts to prepare an analysis of each bill or resolution reported by any congressional committee which shall include: (1) estimates of the litigation costs to the Federal and State courts, attorney fees, and increased liability incurred by Federal, State, and local government agencies and by the private sector that would result from enactment of such legislation in the fiscal year in which it is to become effective and in each of the four fiscal years thereafter; (2) the basis for each estimate; and (3) a description of each method for establishing a Federal financial commitment contained in such legislation. Makes such provisions inapplicable to any private legislation or legislation reported by the Appropriations Committees of each House. Requires: (1) the Director to submit the analysis to each appropriate committee, to the greatest extent practicable, before the committee files the applicable legislation reported by the committee; and (2) the committee to include the analysis in the committee report accompanying the applicable reported bill or resolution. Requires the Director, at the request of a Senator, to provide an analysis for any legislation not reported by a committee to be considered by the Senate and any amendment to be offered in the Senate. Specifies that it shall not be in order in the Senate to consider any legislation (other than private legislation) that is not reported by a committee and is to be considered by the Senate, and any amendment to be offered in the Senate other than one relating to appropriations, for which an analysis prepared by the Director has not been submitted to the appropriate committee or the Secretary of the Senate. Allows this provision to be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members.
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
Reporting Requirements Sunset Act of 1995 - Declares that each provision of law requiring submittal to the Congress of any report specified on a certain list prepared by the Clerk of the House of Representatives for the first session of the 103d Congress shall cease to be effective, with respect to that requirement, five years after enactment of this Act. Excepts from this declaration any report required under the Inspector General Act of 1978 or the Chief Financial Officers Act of 1990. Requires the President to include in the first annual budget submitted after enactment of this Act a list of reports he has determined are unnecessary or wasteful.
United States · United States Congress · 17 January 1995
Constitutional Amendment - Limits a person to three consecutive terms in the Senate and seven consecutive terms in the House of Representatives (excluding partial terms in each case).
United States · United States Congress · 13 January 1995
Congressional Annuity Reform Act of 1995 - Amends provisions concerning the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to: (1) limit the maximum CSRS annuity payable to Members of Congress with respect to cost of living adjustments (COLAs) to the final pay of the Member with respect to whom the annuity is paid; and (2) make other changes in the computation of CSRS and FERS annuities payable to Members, including eliminating adjustments for previous service as a congressional employee. Provides for the deduction and withholding of seven percent (currently, eight and seven and a half percent, respectively) of the basic pay of a Member or congressional employee under CSRS, thus making such deduction and withholding equivalent to that of a Federal employee. Makes deductions and withholding under FERS for Members and congressional employees conform to those of Federal employees as well. Makes provisions of this Act regarding: (1) COLA adjustments and Member annuities applicable to annuities commencing on or after November 6, 1996; (2) computation of annuities and years of service applicable to service performed after such date; and (3) contribution rates applicable in the first pay period beginning on or after such date.
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 · 4 January 1995
Legislative Line Item Veto Act of 1995 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority, if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Makes such a rescission effective unless the Congress, during a review period, enacts a rescission disapproval bill.
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
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
TABLE OF CONTENTS: Title I: Federal Commitment to Urban Economic Development Title II: Tax Incentives to Stimulate Urban Economic Development Title III: Community-Based Housing Development Title IV: Response to Urban Environmental Challenges Subtitle A: Environmental Cleanup Subtitle B: Environmental-Economic Recovery New Urban Agenda Act of 1995 - Title I: Federal Commitment to Urban Economic Development - Amends the Office of Federal Procurement Policy Act to require executive agencies to expend not less than 15 percent in a fiscal year for the purchase of goods from businesses located in empowerment zones, enterprise communities, or enterprise zones. Requires agencies, to the maximum extent practicable, to purchase recycled products from businesses located in such zones. (Sec. 102) Requires not less than 15 percent of foreign assistance provided in a fiscal year to be in the form of credits for the purchase of U.S. goods produced, manufactured, or assembled in such zones. (Sec. 103) Directs the Secretary of Commerce, in designating and providing financial assistance to Manufacturing Technology Outreach Centers, to give preference to centers located in such zones. (Sec. 104) Establishes a preference for the construction, improvement, or relocation of Federal facilities in distressed urban areas. Title II: Tax Incentives to Stimulate Urban Economic Development - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. (Sec. 202) Allows the rehabilitation investment credit to offset a portion of tentative minimum tax. (Sec. 203) Allows the issuance of tax-exempt facility bonds for sports facilities, convention or trade show facilities, freestanding parking facilities, air or water pollution control facilities, or industrial parks. Makes termination dates on such tax-exempt bonds inapplicable to bonds issued to finance manufacturing facilities. (Sec. 204) Increases the permitted amount of qualified small issue bonds for facilities to be used by related persons. (Sec. 205) Provides an exception to arbitrage interest rebate provisions if 100 percent of available construction proceeds are spent for governmental purposes within three years of the issuance of the tax-exempt bonds. Title III: Community-Based Housing Development - Directs the Secretary of Housing and Urban Development to report to the Comptroller General on the feasibility of consolidating existing public and low-income housing programs into a comprehensive block grant system of Federal aid. Requires the Comptroller General to report to the Congress with an analysis of such report and recommendations. (Sec. 302) Provides, subject to the approval of both the unit of general local government and the local public housing agency, for the reconstruction of public housing dwelling units on the same property on which such units were demolished or disposed, and for the relocation of displaced tenants to such new units. Title IV: Response to Urban Environmental Challenges - Subtitle A: Environmental Cleanup - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude local governments that are owners or operators of facilities in distressed urban areas from liability under such Act. Requires the President to establish standards for the degree of cleanup of hazardous substances, pollutants, and contaminants released into the environment for facilities located in distressed urban areas. Subtitle B: Environmental-Economic Recovery - Authorizes the Secretary of Energy to make no more than three loans to units of local government for distressed urban areas for the establishment of facilities to dispose of, and obtain inexpensive electrical power and steam from, solid waste. Requires a report to the Congress on the results of financing such facilities.
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 · 4 January 1995
Constitutional Amendment - Requires a balanced Federal budget, unless a three-fifths roll call vote of both Houses of Congress provides for a specific excess of outlays over receipts. Prohibits an increase in the public debt limit except by a three-fifths roll call vote by both Houses of Congress. Requires the President to submit a balanced budget to the Congress. Prohibits any bill increasing revenue from becoming law unless approved by a majority roll call vote of both Houses.
United States · United States Congress · 7 October 1994
TABLE OF CONTENTS: Title I: Federal Commitment to Urban Economic Development Title II: Tax Incentives to Stimulate Urban Economic Development Title III: Community Regulatory Relief Title IV: Community-Based Housing Development Title V: Response to Urban Environmental Challengers Subtitle A: Environmental Cleanup Subtitle B: Environmental-Economic Recovery New Urban Agenda Act of 1994 - Title I: Federal Commitment to Urban Economic Development - Amends the Office of Federal Procurement Policy Act to require executive agencies to expend not less than 15 percent in a fiscal year for the purchase of goods from businesses located in empowerment zones, enterprise communities, or enterprise zones. Requires agencies, to the maximum extent practicable, to purchase recycled products from businesses located in such zones. (Sec. 102) Requires not less than 15 percent of foreign assistance provided in a fiscal year to be for the purchase of U.S. goods produced, manufactured, or assembled in such zones. (Sec. 103) Directs the Secretary of Commerce, in designating and providing financial assistance to Manufacturing Technology Outreach Centers, to give preference to centers located in such zones. (Sec. 104) Establishes a preference for the construction, improvement, or relocation of Federal facilities in distressed urban areas. Title II: Tax Incentives to Stimulate Urban Economic Development - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. (Sec. 202) Allows the rehabilitation investment credit to offset a portion of tentative minimum tax. (Sec. 203) Allows the issuance of tax-exempt facility bonds for sports facilities, convention or trade show facilities, freestanding parking facilities, air or water pollution control facilities, or industrial parks. Makes termination dates on such tax-exempt bonds inapplicable to bonds issued to finance manufacturing facilities. (Sec. 204) Increases the permitted amount of qualified small issue bonds for facilities to be used by related persons. (Sec. 205) Provides an exception to arbitrage interest rebate provisions if 100 percent of available construction proceeds are spent for governmental purposes within three years of the issuance of the tax-exempt bonds. Title III: Community Regulatory Relief - Provides that any requirement under a Federal statute or regulation which creates a Federal mandate shall apply to State or local government only if all funds necessary to pay the direct costs incurred by the government in conducting the activity are provided by the Federal Government for the fiscal year in which the direct cost is incurred. Requires the Director of the Congressional Budget Office to analyze the effects of each bill or resolution on each state and local government's compliance with a Federal mandate. Requires each measure reported or considered in either House of the Congress to be accompanied by such analyses. Requires reports by the Director to the President and the Congress estimating the direct costs of such compliance for each fiscal year in which a Federal mandate will be in effect. Title IV: Community-Based Housing Development - Amends the United States Housing Act of 1937 to increase section 8 rental subsidies. (Sec. 402) Directs the Secretary of Housing and Urban Development to report to the Comptroller General on the feasibility of consolidating existing public and low-income housing programs into a comprehensive block grant system of Federal aid. Requires the Comptroller General to report to the Congress with an analysis of such report and recommendations. (Sec. 403) Provides, when practicable, for the reconstruction of public housing dwelling units on the same property on which such units were demolished or disposed, and for the relocation of displaced tenants to such new units. Title V: Response to Urban Environmental Challenges - Subtitle A: Environmental Cleanup - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude local governments that are owners or operators of facilities in distressed urban areas from liability under such Act. Requires the President to establish standards for the degree of cleanup of hazardous substances, pollutants, and contaminants released into the environment for facilities located in distressed urban areas. Subtitle B: Environmental-Economic Recovery - Authorizes the Secretary of Energy to make no more than three loans to units of local government for distressed urban areas for the establishment of facilities to dispose of, and obtain inexpensive electrical power and steam from, solid waste. Requires a report to the Congress on the results of financing such facilities.
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