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75 records in 1995
United States · United States Congress · 30 March 1995
Designates the Federal Aviation Administration Technical Center located at the Atlantic City International Airport in Pomona, New Jersey, as the William J. Hughes Technical Center.
United States · United States Congress · 30 March 1995
Requires the Director of the National Park Service (NPS) to: (1) identify areas where low-flying aircraft may constitute an adverse impact on resources and convey specific information, including annotated maps, which indicates designated flight-free areas and primary visitor use areas, to the Federal Aviation Administration (FAA); (2) develop a standardized reporting system acceptable to the FAA to document instances of low-flying aircraft over NPS lands for transmittal to the Honolulu FAA Flight Standards district office; (3) develop training programs and instructional materials enabling NPS personnel to recognize and report instances of low-flying aircraft; and (4) provide for quarterly meetings between NPS personnel and the FAA and affected pilots to discuss resources management objectives and issues associated with low-flying aircraft. (Sec. 3) Requires the FAA Administrator to: (1) communicate with pilots regarding NPS concerns and objectives about low-flying aircraft in specified areas; (2) investigate pilot deviations from the requirements of this Act and take action to discourage such deviations; (3) provide assistance to the NPS in communicating with various agencies in the Department of Defense about military aircraft operations over NPS areas; (4) make the results of such investigation available to the NPS at the FAA Flight Standards district office; (5) enlist the support of all aviation groups and organizations; and (6) participate in appropriate meetings at field and regional levels to assist the NPS in combating problems associated with low-flying aircraft. (Sec. 4) Prohibits the flying of commercial tour aircraft over Kaloko Honokohau, Pu'u honua o Honaunau, Pu'u kohola Heiau, and Kalaupapa National Historical Parks, Haleakala National Park, and Hawaii Volcanoes National Park. Requires scenic tour aircraft to maintain a two-mile standoff distance from such areas. Makes it unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at less than 1,500 feet over the surface of any NPS lands in Hawaii not subject to earlier provisions of this Act. (Sec. 5) Lists joint responsibilities of the Director and the Administrator regarding additional assessments of adverse impacts of aircraft operators, means of generating pilot understanding of NPS resource management objectives, and procedures for addressing public land over-flight issues. (Sec. 6) Makes Federal regulations relating to general operating and flight rules and to air taxi operators and commercial operators applicable to nonstop sightseeing flights that begin and end at the same airport and are conducted within a 25 statute mile radius of the airport.
United States · United States Congress · 24 March 1995
TABLE OF CONTENTS: Title I: Supplementals and Rescissions Title II: General Provisions Second Supplemental Appropriations and Rescissions Act, 1995 - Title I: Supplementals and Rescissions - Makes FY 1995 additional supplemental appropriations to the Department of Agriculture for the Agricultural Research Service, the Food Safety and Inspection Service, the Commodity Credit Corporation, and the Food and Nutrition Service. Rescinds appropriations made to the Department of Agriculture for the Office of the Secretary, Agricultural Research Service, the Cooperative State Research Service, the Animal and Plant Health Inspection Service, the Rural Development Administration and Farmers Home Administration, the Alcohol Fuels Credit Guarantee Program Account, the Rural Electrification Administration, the Food and Nutrition Service, and the Foreign Agricultural Service. Makes FY 1995 additional supplemental appropriations to the National Bankruptcy Review Commission and the United States Information Agency. Rescinds appropriations made to: (1) the Department of Justice for the Immigration and Naturalization Service and Office of Justice Programs; (2) the Department of Commerce for the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, the Under Secretary for Technology-Office of Technology Policy, the National Technical Information Service, and the Economic Development Administration; (3) the Judiciary for the United States Court of International Trade and for defender services; (4) the Small Business Administration; (5) the Department of State; (6) the Arms Control and Disarmament Agency; (7) the Board for International Broadcasting; and (8) the United States Information Agency. Rescinds appropriations made to: (1) the Corps of Engineers-Civil; (2) the Bureau of Reclamation of the Department of the Interior; (3) the Department of Energy; (4) the Appalachian Regional Commission; and (5) the Tennessee Valley Authority. Rescinds funds appropriated to the President for foreign operations, export financing, and related programs. Rescinds appropriations made to: (1) the Department of the Interior for the Bureau of Land Management, the United States Fish and Wildlife Service, the National Park Service, the Bureau of Indian Affairs, and territorial and international affairs; (2) the Department of Agriculture for the Forest Service; (3) the Department of Energy for fossil energy research and development, naval petroleum and oil shale reserves, and energy conservation; (4) the Department of Education for the Office of Elementary and Secondary Education. Rescinds appropriations made to the Smithsonian Institution, the National Gallery of Art, the John F. Kennedy Center for the Performing Arts, the Woodrow Wilson International Center for Scholars, and the National Foundation on the Arts and the Humanities. Rescinds appropriations made to the Department of Labor for the Employment and Training Administration and the Bureau of Labor Statistics. Rescinds appropriations made to the Department of Health and Human Services for the Health Resources and Services Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, the Assistant Secretary for Health, the Agency for Health Care Policy and Research, the Health Care Financing Administration, the Social Security Administration, the Administration for Children and Families, the Administration on Aging, and the Office of the Secretary. Rescinds appropriations made to specified Department of Education programs, the Corporation for Public Broadcasting, and the Railroad Retirement Board. Amends the Higher Education Act of 1965 to decrease the appropriated funds for FY 1995 for the Federal Direct Student Loan Program. Rescinds funds made available to the Legislative Branch for: (1) the payments to widows and heirs of deceased Members of Congress; (2) Joint Economic Committee and the Joint Committee on Printing; (3) the Office of Technology Assessment for salaries and expenses; (4) the Congressional Budget Office for salaries and expenses; (5) the Architect of the Capitol for capitol buildings and grounds; (6) the Government Printing Office for congressional printing and binding and salaries and expenses; (7) the Botanic Garden for salaries and expenses; (8)the Library of Congress for salaries and expenses; and (9) the General Accounting Office for salaries and expenses. Rescinds funds made available to the Department of Defense for: (1) military construction; (2) the North Atlantic Treaty Organization; and (3) Base Realignment and Closure Account, Parts II and III. Rescinds funds made available to the Department of Transportation (DOT) for: (1) the Office of the Secretary; (2) the Coast Guard; (3) the Federal Aviation Administration; (4) the Federal Highway Administration; (5) the National Highway Traffic Safety Administration; (6) the Federal Railroad Administration; and (7) the Federal Transit Administration. Reduces certain obligation limitations for DOT. (Sec. 901) Rescinds funds from the DOT working capital fund. (Sec. 902) Cancels a specified amount for DOT civilian and military compensation and benefits permanently. Makes FY 1995 additional supplemental appropriations to the General Services Administration and the Office of Personnel Management. Rescinds funds made available to the Department of the Treasury for departmental offices, the Financial Management Service, the United States Mint, the Bureau of the Public Debt, and the Internal Revenue Service. Rescinds funds made available to the Executive Office of the President for the White House Office and Federal drug control programs. Rescinds funds made available to the General Services Administration for the Federal Buildings Fund and the Office of Personnel Management for salaries and expenses. Makes FY 1995 additional supplemental appropriations to the Federal Emergency Management Agency for disaster relief and the National Flood Insurance Fund. Rescinds funds made available to: (1) the Department of Veterans Affairs for medical care and major projects construction; and (2) the Department of Housing and Urban Development for housing programs. Amends the United States Housing Act of 1937 to: (1) permit a public housing agency to use modernization assistance for any eligible activity, including demolition, replacement housing, and temporary relocation assistance, authorized by this or other applicable appropriations Acts; (2) permit replacement units to be built on the site of the original demolished public housing unit only if the number of replacement units is significantly less than the number of units demolished; (3) repeal provisions prohibiting public housing projects from transferring title unless there is Federal funding assistance providing for a unit for unit replacement for each transfer; and (4) permit the reuse of any budget authority that is recaptured on account of termination of a housing assistance payments contract only for one or more the following, tenant-based assistance or project-based assistance. Rescinds funds made available to the: (1) Chemical Safety and Hazard Investigation Board; (2) Community Development Financial Institutions Fund; (3) Corporation for National and Community Service; (4) Environmental Protection Agency; (5) National Aeronautics and Space Administration; (6) National Science Foundation; and (7) Federal Deposit Insurance Corporation. Title II: General Provisions - Directs the Secretary concerned to: (1) prepare, offer, and award contracts for salvage timber sales from Federal lands; and (2) perform the appropriate revegetation and tree planting operations in the salvage area. Subjects such sales to judicial review only in the United States district court for the district in which the affected Federal lands are located. Permits such an action only if made within 15 days after the initial advertisement of the challenged timber sale. (Sec. 2002) Amends the Treasury, Postal Service and General Government Appropriations Act, 1995 and other Federal law provisions concerning overtime for criminal investigators. (Sec. 2006) Prohibits the use of funds available in FY 1995 appropriations being used for specified purposes by the Environmental Protection Agency.
United States · United States Congress · 24 March 1995
Special Purpose Aircraft Safety Act of 1995 - Makes it unlawful, unless specifically authorized by the Administrator of the Federal Aviation Administration, for a person to operate or lease a U.S. registered aircraft with a maximum certificated take-off weight of 12,500 pounds or more, which has been issued a special purpose certificate, and which does not meet a minimum airworthiness code satisfying international agreements for international navigation of aircraft, if it is used for: (1) the carriage of cargo for compensation or hire; (2) non-special purpose operations; or (3) special purpose operations conducted outside of the United States. Sets forth certain exemptions to such prohibition. Establishes penalties for violations of this Act.
United States · United States Congress · 23 March 1995
Amends Federal transportation law to require the Secretary of Transportation to issue regulations requiring the use of child safety restraint systems on commercial aircraft. Expresses the sense of the Congress that the U.S. representative to the International Civil Aviation Organization should seek an international standard to require that airline passengers be restrained on takeoff and landing and when directed by the captain of such aircraft.
United States · United States Congress · 8 March 1995
TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations Title II: Rescissions Title III: General Provision Title I: Emergency Supplemental Appropriations - Makes FY 1995 emergency supplemental appropriations to the: (1) Federal Emergency Management Agency for disaster relief; and (2) the Coast Guard for certain operating expenses. Title II: Rescissions - Rescinds appropriations made to the Department of Agriculture for the Office of the Secretary, alternative agricultural research and commercialization, the Agricultural Research Service, the Cooperative State Research Service, the Rural Development Administration and Farmers Home Administration, the Rural Electrification and Administration, and the Food and Nutrition Service. Rescinds appropriations made to the Department of Justice for the Working Capital Fund, the Immigration and Naturalization Service, and the Office of Justice Programs. Rescinds appropriations made to the Department of Commerce for the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, the Office of Technology Policy, the National Technical Information Service, the National Telecommunications and Information Administration, and the Economic Development Administration. Rescinds appropriations made to the: (1) Courts of Appeals, District Courts, and other judicial services for defender services; (2) the Small Business Administration; (3) the Legal Services Corporation; and (4) the Board for International Broadcasting. Rescinds appropriations made to the: (1) Corps of Engineers-Civil; (2) the Bureau of Reclamation of the Department of the Interior; (3) the Department of Energy; (4) the Appalachian Regional Commission; and (5) the Tennessee Valley Authority Fund. Rescinds funds appropriated to the President for multilateral economic assistance, bilateral economic assistance, military assistance, and export assistance. Rescinds appropriations made to the: (1) Department of the Interior for the Bureau of Land Management and the United States Fish and Wildlife Service; (2) the Department of Agriculture for the Forest Service; (3) the Department of Energy for fossil energy research and development, naval petroleum and oil shale reserves, and energy conservation; (4) the Department of Education for Indian education. Rescinds appropriations made to the Smithsonian Institution, the National Gallery of Art, the John F. Kennedy Center for the Performing Arts, the Woodrow Wilson International Center for Scholars, and the National Foundation on the Arts and the Humanities. Rescinds appropriations made to the Department of Labor for the Employment and Training Administrations, the Employment Standards Administration, and the Occupational Safety and Health Administration. Rescinds appropriations made to the Department of Health and Human Services for the Health Resources and Services Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, the Assistant Secretary for Health, the Agency for Health Care Policy and Research, the Health Care Financing Administration, the Administration for Children and Families, and the Administration on Aging. Rescinds appropriations made to specified Department of Education programs, the Corporation for Public Broadcasting, and the Railroad Retirement Board. Amends the Higher Education Act of 1965 to decrease the amount of funds available for FY 1995 for the Federal Direct Student Loan Program. Rescinds funds made available to the Legislative Branch for: (1) the Joint Economic Committee and the Joint Committee on Printing; (2) the Office of Technology Assessment for salaries and expenses; (3) the Architect of the Capitol for capitol buildings and grounds; (4) the Government Printing Office for congressional printing and binding and salaries and expenses; (5) the Botanic Garden for salaries and expenses; (6) the Library of Congress; and (7) the General Accounting Office for salaries and expenses. Rescinds funds made available to the Department of Transportation (DOT) for: (1) the Office of the Secretary; (2) the Coast Guard; (3) the Federal Aviation Administration; (4) the Federal Highway Administration; (5) the Federal Railroad Administration; and (6) the Federal Transit Administration. Reduces certain obligation limitations for DOT. (Sec. 801) Rescinds funds from the DOT working capital fund. (Sec. 802) Cancels a specified amount for DOT civilian and military compensation and benefits permanently. Rescinds funds made available to the Department of the Treasury for departmental offices, the Federal Law Enforcement Training Center, the Financial Management Service, the Bureau of the Public Debt, and the Internal Revenue Service. Rescinds funds made available to the Executive Office of the President for the White House Office and Federal drug control programs. Rescinds funds made available to the General Services Administration, the Federal Election Commission, and the Office of Personnel Management. Rescinds funds made available to: (1) the Department of Veterans Affairs for medical care and major projects construction; and (2) the Department of Housing and Urban Development for housing programs. Rescinds funds made available to: (1) the Chemical Safety and Hazard Investigation board; (2) the Community Development Financial Institutions; (3) the Corporation for National and Community Service; (4) the Environmental Protection Agency; (5) the National Aeronautics and Space Administration; (6) the National Science Foundation; and (7) the Federal Deposit Insurance Corporation. Title III: General Provision - Prohibits the use of funds under this Act for any direct benefit or assistance to individuals not lawfully within the United States, other than that of an emergency nature or to reduce immediate threats to public health and safety.
Germany · German Bundestag · 3 March 1995
United States · United States Congress · 28 February 1995
Travel and Tourism Relief Act of 1995 - Amends the Internal Revenue Code to provide that qualified travel agents shall not be treated as employees for purposes of employment taxes. Increases the deduction for business meals and entertainment from 50 percent to 80 percent of allowable expenses. Repeals the scheduled increase in the rate of tax on fuel used in commercial aviation. Allows an itemized deduction for expenses incurred in promoting tourism to the United States by non-U.S. residents. Allows a tax deduction for the attendance at conventions on foreign-flagged cruise ships.
United States · United States Congress · 24 February 1995
Metropolitan Washington Airports Amendments Act of 1995 - Amends the Metropolitan Washington Airports Act of 1986 to revise the term "airport purposes" with respect to real property of the Metropolitan Washington Airports to limit the inclusion of nonprofit, public use facilities to those which are not inconsistent with the needs of aviation. (Sec. 4) Increases the number of people on the board of directors of the Metropolitan Washington Airports Authority: (1) from 11 to 15 members; and (2) that the President must appoint, with the advice and consent of the Senate, from one member to five members. Requires board members appointed by the President to be registered voters of States other than Maryland, Virginia, or the District of Columbia. Requires two of the members appointed to the board by the President to serve for a term of four years. Authorizes a member to serve after the expiration of that member's term until a successor has taken office. Requires vacancies on the board to be filled in the manner in which the original appointment was made. Requires any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed to be appointed only for the remainder of such term. Declares that no more than three members of the board appointed by the President may be of the same political party. Requires nine votes (currently, seven) to approve bond issues and the annual budget. (Sec. 5) Establishes the Federal Advisory Commission of the Airports Authority (thereby effectively replacing the Board of Review of the Airports Authority). (Sec. 6) Requires Airports Authority actions to be submitted to the Federal Advisory Commission (currently, the Board of Review) for review. Requires certain Airports Authority decisions to remain in effect and not be set aside solely by reason of a judicial order invalidating certain functions of the Board of Review. (Sec. 7) Revises requirements for congressional review of Airports Authority actions. (Sec. 8) Provides for the removal of Federal Advisory Commission (previously, Board of Review) members by the Secretary of Transportation (currently, by a two-thirds vote of the board of directors). (Sec. 11) Directs the Airports Authority to continue to enforce certain restrictions contained in the Metropolitan Washington Airports Regulations with respect to the use of the Dulles access highway. (Sec. 13) Prohibits the Secretary from issuing an exemption under specified sections of title 14 of the Code of Federal Regulations regarding the allocation of slots at high density airports if such exemption would adversely affect safety.
United States · United States Congress · 15 February 1995
TABLE OF CONTENTS: Title I: Product Liability Reform Title II: Punitive Damages Reform Title III: Effect on Other Law; Effective Date Common Sense Legal Standards Reform Act of 1995 - Title I: Product Liability Reform - Common Sense Product Liability Reform Act of 1995 - Declares that: (1) U.S. district courts shall not have jurisdiction pursuant to this title based on specified provisions of the Federal judicial code; (2) this title governs any product liability action brought in any State or Federal court against a manufacturer or product seller on any theory for harm caused by a product, except actions brought under the General Aviation Revitalization Act of 1994 and civil actions brought against a manufacturer or product seller for commercial losses which shall be governed only by applicable commercial or contract law; and (3) this title supersedes State law only to the extent that such law applies to an issue covered by this title. (Sec. 104) Makes a product seller other than a manufacturer liable to a claimant in a product liability action only if the claimant establishes that: (1) the seller sold the product which allegedly caused the harm complained of was sold by the product seller, the seller failed to exercise reasonable care with respect to the product, and such failure was a proximate cause of the claimant's harm; (2) the seller made an express warranty applicable to the product independent of any express warranty made by the manufacturer, the product failed to conform to the warranty, and such failure caused the claimant's harm; or (3) the seller engaged in intentional wrongdoing as determined under applicable State law and such intentional wrongdoing was a proximate cause of the harm complained of by the claimant. Specifies that a product seller shall: (1) not be considered to have failed to exercise reasonable care based upon an alleged failure to inspect a product where there was no reasonable opportunity to inspect the product in a manner which would have revealed the aspect of the product which allegedly caused the claimant's harm; and (2) be liable, in a product liability action, for harm to the claimant caused by such product as if the seller were the manufacturer of such product if the manufacturer is not subject to service of process under the laws of any State in which the action might have been brought, or the court determines that the claimant would be unable to enforce a judgement against the manufacturer. (Sec. 105) Makes it a complete defense to a product liability action that the claimant: (1) was intoxicated or under the influence of intoxicating alcohol or any drug; and (2) as a result of such influence, was more than 50 percent responsible for the accident or event which resulted in such claimant's harm. (Sec. 106) Specifies that in a product liability action the liability of each defendant for noneconomic loss shall be several only and not joint, and that each defendant shall be liable only for the amount of noneconomic loss attributable to such defendant's proportionate share of fault or responsibility for the claimant's harm, as determined by the trier of fact. (Sec. 107) Bars a product liability action unless the complaint is served and filed within 15 years after the time of delivery of the product, with exceptions. Title II: Punitive Damages Reform - Authorizes punitive damages, to the extent permitted by applicable State law, in any civil action in Federal or State court against a defendant if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct specifically intended to cause harm or conduct manifesting a conscious, flagrant indifference to the safety of those persons who might be harmed by the product for which the action was brought. Sets forth provisions regarding: (1) proportional awards; (2) applicability and preemption; and (3) bifurcation of proceedings at either party's request. Title III: Effect on Other Law; Effective Date - Specifies that nothing in title I or II shall be construed to: (1) waive or affect any defense of sovereign immunity asserted by any State or by the United States; (2) supersede any Federal law, except the Federal Employers Compensation Act and the Longshore and Harbor Workers' Compensation Act; (3) affect the applicability of Federal judicial code provisions regarding the jurisdictional immunities of foreign states; (4) preempt State choice-of-law rules with respect to claims brought by a foreign nation or a citizen of a foreign nation; (5) affect the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or of a citizen of a foreign nation on the ground of inconvenient forum; or (6) supersede any Federal law that prescribes a specific regimen for punitive damages.
United States · United States Congress · 15 February 1995
Amends the Communications Act of 1934 to allow the Federal Communications Commission to authorize the operation of radio stations without individual licenses for the: (1) personal radio services; and (2) aviation or maritime radio service for aircraft or ship stations operated on domestic flights or voyages when such aircraft or ships are not otherwise required to carry a radio station.
United States · United States Congress · 10 February 1995
Amends the Dayton Aviation Heritage Preservation Act of 1992 to require the Secretary of the Interior to consider recommendations submitted for members on the Dayton Aviation Heritage Commission before making appointments to such Commission. (Current law requires the Secretary to make appointments from recommendations submitted by specified officials or entities.)
United States · United States Congress · 9 February 1995
Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 7 February 1995
Truth in Budgeting Act - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such trust funds from any general statutory budget limitation. (Sec. 3) Amends Federal transportation law to require the Secretary of Transportation to estimate annually what, but for this Act, would be at the close of the next fiscal year: (1) the amount of unfunded aviation authorizations; and (2) the net aviation receipts. Requires the Secretary to: (1) determine the amount by which unfunded aviation authorizations does or does not exceed net aviation receipts; and (2) make appropriate adjustments to amounts authorized to be appropriated and the amounts available for obligation from the Airport and Airway Trust Fund based on the difference. (Sec. 4) Sets forth similar provisions with respect to the Inland Waterways and the Harbor Maintenance Trust Funds.
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 · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 26 January 1995
Truth in Airport Parking Act - Amends the Metropolitan Washington Airports Act of 1986 to direct the Secretary of Transportation and the Administrator of the Federal Aviation Administration to ensure that Airport Authority facilities that receive Federal aid and provide special parking privileges, including free parking, to Members of Congress and other Federal officials post signs that clearly indicate that such Members and officials are receiving such privileges, and that such parking is federally-funded.
United States · United States Congress · 20 January 1995
Amends the Dayton Aviation Heritage Preservation Act of 1992 to require the Secretary of the Interior to consider recommendations submitted for members on the Dayton Aviation Heritage Commission before making appointments to such Commission. (Current law requires the Secretary to make appointments from recommendations submitted by specified officials or entities.)
United States · United States Congress · 19 January 1995
Independent Federal Aviation Administration Act - Establishes as an independent Federal agency the Federal Aviation Administration (Administration). Declares that the Administration shall be administered by an Administrator appointed by the President to a five-year term, by and with the advice and consent of the Senate. Transfers to the new Administration all functions of the Federal Aviation Administration (FAA) of the Department of Transportation and of the Secretary of Transportation which are administered through the FAA.
United States · United States Congress · 19 January 1995
Amends Federal law to apply certain minimum safety standards uniformly to all air carrier operations, regardless of the seating or payload capacity of the aircraft involved. Authorizes the Administrator of the Federal Aviation Administration to prescribe alternative safety standards for the operation of aircraft of a type: (1) approved for transportation of no more than nine passengers (exclusive of flight crew); (2) approved for transportation of no more than 30 passengers (exclusive of flight crew), if such aircraft is not used for scheduled air transportation; and (3) designed for transportation of no more than 19 passengers (exclusive of flight crew) for which application for design approval was made before February 17, 1987. States that alternative standards of the third kind may be prescribed only for specific areas found necessary because the aircraft's approved design makes compliance with one or more of the uniform standards impossible.
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: Export Administration Title II: Nuclear Proliferation Prevention Act Part A: Reporting on Nuclear Exports Part B: Sanctions for Nuclear Proliferation Part C: International Atomic Energy Agency Part D: Repeal of Duplicative Provisions Omnibus Export Administration Act of 1995 - Title I: Export Administration - Export Act of 1995 - Specifies the export policy of the United States, especially that: (1) export controls should be imposed to stem the proliferation of weapons of mass destruction; and (2) restrictions on the export of agricultural commodities should be minimized. (Sec. 104) Specifies the kinds of export licenses the Secretary of Commerce may require. Prohibits any person from exporting an item that such person knows will materially contribute to a program for the development of a weapon of mass destruction or missile in a country that is not a member of, or a cooperating country with respect to, an export control regime controlling such items. Requires the Secretary to: (1) establish a United States Commodity Control Index identifying all commodities and technology on which controls are imposed under this Act; (2) specify license requirements for such items; and (3) designate countries and end users to which exports of commodities and technology are controlled. Requires the Secretary to appoint export advisory committees with respect to export controls imposed on such items. (Sec. 105) Authorizes the President to prohibit or curtail the export of commodities or technology that would: (1) directly and significantly enable a country or end user to acquire weapons of mass destruction; or (2) directly and significantly contribute to the military capability of a country so as to pose a threat to the national security of the United States or its allies. Requires the Secretary to establish a security control list of commodities, technology, countries, and end uses or end users with respect to which export controls are imposed by this Act. Provides that the Secretary shall require authority or permission to export commodities and technology on the security control list to a controlled country, a controlled end use, or a controlled end user. Sets forth provisions regarding the creation of multilateral export control regimes. Provides favorable licensing treatment for the export of commodities and technology among such regimes or cooperating countries. Requires the Secretary periodically to review export controls and, if warranted, increase specified export control thresholds for, and propose to the regime removal of, export controls on computer equipment, computer communications and networking equipment, computer software, and related technology that has become obsolete. Requires the Secretary of State to propose the elimination of controls on mass-market computer equipment to export control regimes that control such equipment. Declares that, in specified circumstances, approval shall be presumed for a license for export to a country of any controlled goods, without regard to their technical specifications, for trade show purposes. Directs the Secretary to enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering to study and report to the President and the Congress on the extent to which exports of computers can be controlled, and the policy reasons for maintaining controls. (Sec. 106) Authorizes the President, after consultation with the Congress, to prohibit or curtail unilaterally for up to six months the export of commodities or technology whenever it is essential to U.S. national security or foreign policy, or necessary to prevent foreign countries from supporting acts of international terrorism. Requires the Secretary and the Secretary of State to seek support from other countries and multilateral export control regimes for such controls. Sets forth procedures for extension of such controls and for congressional disapproval of such an extension. Prohibits export or reexport of controlled commodities or technology to countries that have repeatedly supported acts of international terrorism. Declares that crime control and detection instruments and equipment shall be approved for export by the Secretary only pursuant to an export license, with specified exceptions. (Sec. 107) Authorizes the President to prohibit or impose quantitative restrictions on the export of commodities that are domestically in short supply. Directs the Secretary to monitor exports, and contracts for exports, of commodities in cases where their volume in relation to domestic supply contributes, or may contribute, to an increase in domestic prices or a domestic shortage, and such increase or shortage has, or may have, a serious adverse impact on the economy. Authorizes an entity, including a trade association, firm, or certified union or group of workers, that is representative of an industry that processes metallic materials capable of being recycled, to petition the Secretary requesting both the monitoring of or the imposition of export controls on such exports that are in short supply. Prohibits the export of Alaskan North Slope crude oil, with specified exceptions. Provides for licensing of refined petroleum product exports. Prohibits the President from imposing quantitative restrictions based on short supply controls on agricultural commodities (including fats and oils or animal hides or skins) without the approval of the Secretary of Agriculture. Prohibits the exportation of unprocessed western red cedar (Thuja plicata) logs harvested from State or Federal lands. Declares that shipments of crude oil and refined and partially refined petroleum products for use by the Department of Defense or U.S.-supported installations shall not, for purposes of export controls on Alaskan North Slope oil, be considered to be exports. (Sec. 108) Directs the President to issue regulations that prohibit, with specified exceptions, U.S. persons from supporting any boycott imposed by a foreign country against a country friendly to the United States that is not itself the object of a U.S. boycott. (Sec. 109) Specifies procedures for the processing of export license applications, including the screening, referral, approval or denial, and review of such applications. (Sec. 110) Sets forth both civil and criminal penalties for violations of this Act. (Sec. 111) Directs the Secretary to establish a list of commodities and technology that would directly and substantially assist a foreign government or group in acquiring the capability to develop, produce, stockpile, or deliver chemical or biological weapons, the licensing of which would be effective in barring acquisition or enhancement of such capability. Requires a validated license for the export of listed items to any country of concern. Requires the Secretary to establish a list of all dual use commodities and technology on the Missile Technology Control Regime Annex (MTCR), including such items that would provide a direct and significant impact on the development of missile delivery systems. Requires a validated license for the export of such items on the MTCR list to any country, including items the exporter knows are destined for a missile project or facility in a country that is not an MTCR adherent. Amends the Arms Export Control Act to require the Secretary of State to establish, as part of the United States Munitions List (Munitions List), a list of items including those controlled pursuant to multilateral export control regimes (such as the Australia Group), but not subject to specified control under this Act, that would directly and substantially assist a foreign government, group, or project in acquiring the capability to develop, produce, stockpile, or deliver chemical or biological weapons, the licensing of which would be effective in barring the acquisition or enhancement of such capability. Requires a license for the export of such items on such list. Requires the Secretary of State to establish a list of items, including those on the MTCR Annex, that would provide a direct and significant impact on the development of missile delivery systems, and the export of which is not subject to control under this Act. Requires a validated license for the export of such items on such list to any country, including items the exporter knows are destined for a missile project or facility in a country that is not an MTCR adherent. Provides that such licenses shall be denied if the ultimate consignee of such items is a facility: (1) in a country that is not an MTCR adherent and it is designed to develop or build missiles; or (2) in a country that has repeatedly supported acts of international terrorism. Requires the President to impose sanctions, for a two year period, against any U.S. or foreign person or entity that knowingly exports or transfers, or facilitates the export or transfer of, chemical or biological weapons or missiles. Includes among such sanctions: (1) denial of an export license; (2) barring of Government procurement contracts; and (3) appropriate import restrictions on the products of an offending entity. Requires the President to determine what countries have made substantial preparation to use or have used chemical or biological weapons in violation of international law or against their own nationals. Requires the President to impose, for a minimum two year period, specified sanctions against such countries. (Sec. 112) Sets forth provisions regarding administrative and judicial review of determinations made under this Act. (Sec. 113) Makes the Secretary responsible for providing policy guidance on the enforcement of this Act. Sets forth requirements with respect to: (1) the forfeiture of goods and tangible items lawfully seized by the United States for violations of this Act; (2) undercover investigative operations of the Office of Export Enforcement of the Department of Commerce; and (3) a financial audit and report to the Congress on each undercover investigative operation. (Sec. 114) Requires issuance of an annual policy guidance for export licensing officials in all Federal departments and agencies. Declares that all power, authority, and discretion conferred by this title with respect to export control functions shall be exercised by the Secretary. Establishes an Export Control Policy Committee to provide policy guidance and advice to the President on export control issues. Directs the President to appoint an Under Secretary of Commerce for Export Administration who shall perform all functions of the Secretary under this Act and other Federal laws relating to national security. Sets forth requirements for: (1) non-disclosure of confidential information; (2) disclosure of information to the Congress and the General Accounting Office (GAO); (3) penalties for disclosure of confidential information; and (4) public opportunity for comment on regulations imposing export controls. Authorizes the Secretary to participate in the education and training of officials from other countries on the principles and procedures for implementation of effective export controls. Declares that a license may not be required for the export of a commodity solely because it contains parts or components subject to export control if they: (1) are essential to the functioning of the commodity; (2) are customarily included in the sales of the item in non-controlled countries; and (3) compose 25 percent or less of the total value of the commodity, unless the commodity itself would make a significant contribution to the military or proliferation potential of a controlled country or end user which would prove detrimental to U.S. national security. Declares that no authority may be required for certain reexports of foreign-made items incorporating U.S. items. Declares that this Act does not authorize export controls on: (1) medicine or medical supplies; or (2) donations of items intended to meet basic human needs, including food, educational materials, seeds, hand tools, water resources equipment, clothing and shelter materials, and basic household supplies. Declares that no validated license shall be required for replacement parts exported to replace on a one-to-one basis parts that were in a commodity lawfully exported from the United States, unless the President determines that a license should be required for such parts. (Sec. 115) Requires the Secretary to report annually to the Congress on the administration of this Act. (Sec. 117) Declares that the Secretary shall not require a license for the export or reexport of telecommunications equipment to civil end users in any of the former republics of the Soviet Union, China, Poland, Czechoslovakia, Bulgaria, Romania, Albania, Estonia, Lithuania, Latvia, Cambodia, Laos, Mongolia, or Vietnam. Subjects to export controls exclusively under this Act any civil aircraft product, or any technology used in it, that is an integral part of such aircraft and is standard equipment certified or scheduled to be certified by the Federal Aviation Administration. Requires the President to submit to specified congressional committees a report assessing: (1) the international market for computer software with encryption; and (2) the impact of U.S. encryption export controls on the international competitiveness of the U.S. computer software industry. Requires the export of commercial communications satellites (including any integral components necessary to achieve the orbit location of such satellites) to be regulated solely under this Act. (Sec. 118) Expresses the sense of the Congress that the Arab League countries should end the secondary Arab boycott. Title II: Nuclear Proliferation Prevention Act - Nuclear Proliferation Prevention Act of 1995 - Part A: Reporting on Nuclear Exports - Amends the Nuclear Non-Proliferation Act of 1978 to include in a certain presidential report to the Congress on governmental efforts to prevent the proliferation of nuclear weapons: (1) a description of the implementation of nuclear and nuclear-related dual-use export controls; and (2) the progress of the non-nuclear-weapon independent states of the former Soviet Union and of the Baltic states towards achieving the objective of applying full scope safeguards to all their peaceful nuclear activities. Part B: Sanctions for Nuclear Proliferation - Requires the President to impose certain sanctions against any foreign or U.S. person that has materially and with requisite knowledge contributed to the efforts of any individual, group, or non-weapon state to acquire unsafeguarded special nuclear material, or to use, develop, produce, stockpile, or otherwise acquire any nuclear explosive device. (Sec. 222) Amends the Arms Export Control Act to prohibit the sale or lease of defense articles or services to any country that the President has determined to be in material breach of treaties or agreements concerning the nonproliferation of nuclear explosive devices and unsafeguarded special nuclear material. (Sec. 223) Directs the Secretary of the Treasury to instruct the U.S. executive directors to certain international financial institutions to oppose any use of their funds to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of a nuclear explosive device by a non-nuclear-weapon state. Amends the International Financial Institutions Act to make it a duty of the U.S. executive directors of such institutions to consider whether a country receiving financial assistance: (1) is seeking to acquire unsafeguarded special nuclear material or a nuclear explosive device; (2) is not a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons; or (3) has detonated a nuclear explosive device. (Sec. 224) Prohibits any U.S. or foreign person from knowingly, materially, and directly contributing or attempting to contribute, through the provision of financing, to the acquisition of unsafeguarded special nuclear material, or the use, development, production, or stockpiling of any nuclear explosive device by an individual, group, or non-nuclear-weapon state. Requires the President to impose certain sanctions against any U.S. or foreign person violating such prohibition. (Sec. 225) Amends the Export-Import Bank Act of 1945 to require the Secretary of State to report to appropriate congressional committees and to the Board of Directors of the Export-Import Bank if a country has willfully aided or abetted a non-nuclear-weapon state in acquiring any nuclear explosive device or unsafeguarded special nuclear material. (Sec. 226) Requires the President to report to the Congress, and impose certain sanctions against, any country that: (1) transfers to a non-nuclear-weapon state a nuclear explosive device; (2) is a non-nuclear-weapon state and either receives a nuclear explosive device or detonates one; (3) transfers to a non-nuclear-weapon state any design information or component that is important to the development of a nuclear device; or (4) is a non-nuclear-weapon state and receives such information or component. (Sec. 227) Amends the Arms Export Control Act to prohibit the use of any funds under the Foreign Assistance Act of 1961 or this Act to provide economic assistance, military assistance or grant military education and training, foreign assistance, or extend military credits or make guarantees, to any country which delivers to or receives from another country nuclear enrichment equipment, materials, or technology, unless certain conditions are met. Authorizes the President to furnish such assistance if he certifies to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that: (1) termination of such assistance would have a serious adverse effect on vital U.S. interests; and (2) assurances have been received that such country will not acquire or develop nuclear weapons or assist other nations in doing so. Sets forth similar provisions prohibiting such assistance to countries that deliver to, or receive from, a country nuclear reprocessing equipment, materials, or technology which contribute significantly to that country's ability to manufacture a nuclear explosive device. (Sec. 229) Amends the Arms Control and Disarmament Act to include in a specified annual report to the Congress a discussion of any material noncompliance by foreign governments with their commitments to the United States with respect to the prevention of the spread of nuclear explosive devices by non-nuclear weapon states or the acquisition by such states of unsafeguarded special nuclear material. Expresses the sense of the Congress that the Department of State should, in its reporting responsibilities under the Nuclear Non-Proliferation Act of 1978, include a summary of demarches that the United States has issued or received from foreign governments with respect to activities which are of significance from the proliferation standpoint. Part C: International Atomic Energy Agency - Expresses the sense of the Congress that in order to enhance international confidence in the effectiveness of International Atomic Energy Agency (IAEA) safeguards and other multilateral undertakings to halt the global proliferation of nuclear weapons, the United States should seek to negotiate specified initiatives with other nations, including the IAEA Board of Governors and the Nuclear Suppliers Group. Part D: Repeal of Duplicative Provisions - Repeals certain duplicative provisions of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to disallow an income tax deduction for business air travel expenses on regularly scheduled flights to the extent the cost exceeds normal tourist class air fare.
United States · United States Congress · 4 January 1995
Boating and Aviation Operation Safety Act of 1994 (sic) - Amends Federal bankruptcy law to make nondischargeable in bankruptcy a debt for death or personal injury caused by the debtor's operation of a watercraft or aircraft while intoxicated from alcohol, a drug, or other substance.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Effective Death Penalty Subtitle A: Habeas Corpus Reform Subtitle B: Federal Death Penalty Procedures Reform Title II: Deterring Gun Crimes Title III: Mandatory Victim Restitution Title IV: Law Enforcement Block Grants Title V: Truth in Sentencing Grants Title VI: Exclusionary Rule Reform Title VII: Stopping Abusive Prisoner Lawsuits Title VIII: Further Streamlining Deportation of Criminal Aliens Title IX: Amendments to Violent Crime Control and Law Enforcement Act Taking Back Our Streets Act of 1995 - Title I: Effective Death Penalty - Subtitle A: Habeas Corpus Reform - Chapter 1: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 102) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Prohibits an appeal from being taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, or from the final order involving a prisoner in Federal custody, unless a circuit justice or judge issues a certificate of probable cause. Authorizes the issuance of such certificate only if the petitioner has made a substantial showing of the denial of a Federal right and if the certificate indicates which specific issues satisfy this standard. (Sec. 104) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. (Sec. 105) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners. Chapter 2: Special Procedures for Collateral Proceedings in Capital Cases - Sets forth special habeas corpus procedures in capital cases, including provisions regarding the appointment, and claims of ineffectiveness, of counsel. Specifies that, if a stay of execution has expired, no Federal court thereafter shall have the authority to enter a stay or grant relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim is the result of State action in violation of the Constitution or U.S. law or the result of Supreme Court recognition of a new Federal right that is retroactively applicable or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error no reasonable fact finder would have found the petitioner guilty of the underlying offense or eligible for the death penalty under State law. Denies any Federal district court or appellate judge the authority to enter a stay, issue injunctive relief, or grant any equitable or other relief in a capital case on any successive habeas petition unless the court first determines that the petition or other action does not constitute an abuse of the writ. Permits such determination to be made only by the district judge or appellate panel that adjudicated the merits of the original habeas petition, with an exception. Allows a stay to issue under this provision in the Federal courts of appeal only when a majority of the original panel or of the active judges determines the petition does not constitute an abuse of the writ. Sets forth provisions regarding: (1) filing of habeas corpus petitions; (2) State unitary review procedures; and (3) limitation periods for determining petitions. Specifies that the adjudication of any petition for habeas corpus with respect to State prisoners and of any motion for habeas corpus regarding Federal prisoners by a person under sentence of death shall be given priority by the district court and by the court of appeals over all non-capital matters. Chapter 3: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance (BJA) to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Subtitle B: Federal Death Penalty Procedures Reform - Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to provide that the jury (or if there is no jury, the court), in determining whether a sentence of death is justified, shall: (1) consider whether the aggravating factor or factors found to exist outweigh any mitigating factors; and (2) recommend a death sentence if it unanimously finds at least one aggravating factor and no mitigating factor or if it finds one or more aggravating factors which outweigh any mitigating factors. Directs that the jury be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation is to be based on the aggravating factors and any mitigating factors which have been found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgment. Title II: Deterring Gun Crimes - Amends the Federal criminal code to set mandatory prison terms for carrying, using, or discharging a firearm or destructive device during a State crime that is a serious violent felony or a serious drug offense, except for the conduct of a person in defense of person or property during the course of a crime committed by another unless the person engaged or participated in criminal conduct that gave rise to the criminal conduct of such other individual. Sets forth mandatory penalties for carrying, using, or discharging: (1) a firearm, a short-barreled rifle or shotgun, a semiautomatic assault weapon, or a machine gun or destructive device or firearm equipped with a silencer in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in Federal court; and (2) a firearm during and in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in Federal court or a serious violent felony or serious drug offense for which the person may be prosecuted in State court, with respect to a person who has been previously convicted of certain firearms offenses. Prohibits the court from imposing a probationary sentence on any person convicted of a violation of this title or from making a term of imprisonment imposed under this title run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used. Title III: Mandatory Victim Restitution - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when sentencing a defendant convicted of specified offenses, including offenses under the Federal Aviation Act of 1958. Permits the court to order restitution of any person harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred, or in the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to: (1) order restitution to a victim in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source; and (2) specify in the restitution order, upon determination of the amount owed to each victim, the manner in which and the schedule according to which the restitution is to be paid. Specifies that a restitution order: (1) shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property; and (2) may be enforced by the United States and by a victim named in the order in the same manner as a judgment in a civil action. Title IV: Law Enforcement Block Grants - Repeals the Public Safety Partnership and Community Policing Act of 1994 (title I of the VCCLEA), replacing it with a law enforcement block grant program. Requires the Director of BJA to pay to each unit of local government which qualifies for a payment an amount equal to the sum of any amounts allocated to such unit under such title for each payment period. Directs that sums paid to such units be used by such units for reducing crime and improving public safety, including: (1) hiring, training, and employing on a continuing basis new, additional law enforcement officers and necessary support personnel, paying overtime to presently employed officers and personnel, and procuring equipment, technology, and other material directly related to basic law enforcement functions; (2) enhancing school security measures; and (3) establishing crime prevention programs that are organized or supervised by, or involve substantial participation of, law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity. Sets forth provisions regarding: (1) the timing of payments; (2) payment adjustments; (3) repayment of unexpended amounts; (4) qualification for payment; (5) review by governors; (6) sanctions for noncompliance; (7) allocation and distribution of funds; (8) utilization of the private sector; and (9) public participation. Authorizes appropriations. Title V: Truth in Sentencing Grants - Repeals provisions of the VCCLEA regarding violent offender incarceration and truth-in-sentencing incentive grants. Sets forth provisions governing a truth-in-sentencing grant program. Authorizes the Attorney General to provide grants to eligible States and to eligible States organized as regional compacts (States) to build, expand, and operate: (1) space in correctional facilities in order to increase the prison bed capacity for persons convicted of a serious violent felony; and (2) temporary or permanent correctional facilities, including facilities on military bases, for the confinement of convicted nonviolent offenders and criminal aliens for the purpose of freeing suitable existing prison space for persons convicted of a serious violent felony. Directs that 50 percent of the total amount of funds made available under this title for each of FY 1995 through 2000 be available for general eligibility grants and 50 percent for truth-in-sentencing incentive grants for each State that meets the following requirements: (1) for general grants, such State, since 1993, has increased the percentage of convicted violent offenders sentenced to prison and the average prison time and percentage of sentence actually to be served in prison by such offenders; and (2) for sentencing incentive grants, a State submits an application to the Attorney General providing assurances that it has enacted laws and regulations which include truth-in-sentencing laws that require persons convicted of a serious violent felony to serve not less than 85 percent of the sentence imposed or of the court-ordered maximum sentence for States that practice indeterminate sentencing, truth-in-sentencing laws which have been enacted but not yet implemented that require such State, within three years, to provide that persons convicted of such a felony serve not less than 85 percent of the sentence imposed (or of the court-ordered maximum sentence), and laws requiring that the sentencing or releasing authorities notify and allow the defendant's victims or the family of victims the opportunity to be heard regarding the issue of sentencing and any post-conviction release. Sets forth provisions regarding: (1) special rules; (2) the formula for grants; and (3) accountability. Authorizes appropriations. Prohibits the use of funds for other purposes authorized by the VCCLEA in FY 1995 through 1999 unless the truth-in-sentencing programs are fully funded in such years. Title VI: Exclusionary Rule Reform - Amends the Federal criminal code to prohibit, in a proceeding in a court of the United States, the exclusion of evidence on the ground that: (1) the search or seizure was in violation of the Fourth Amendment of the U.S. Constitution if it was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth Amendment (makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances); and (2) it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by rule prescribed by the Supreme Court pursuant to statutory authority. Title VII: Stopping Abusive Prisoner Lawsuits - Amends the Civil Rights of Institutionalized Persons Act to prohibit an adult convicted of a crime who is confined in any correctional facility from bringing a civil action for deprivation of rights until such plain, speedy, and effective administrative remedies as are available are exhausted. (Sec. 702) Directs the court, on its own motion or on motion of a party, to dismiss specified actions brought by an adult convicted of a crime and confined in any correctional facility if the court is satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. (Sec. 703) Repeals a provision of such Act requiring that the minimum standards provide for an advisory role for employees and inmates of a correctional facility in the formulation, implementation, and operation of the system for resolution of inmate grievances. (Sec. 704) Amends the Federal judicial code to require: (1) the court to dismiss a case in a forma pauperis proceeding if the allegation of poverty is untrue or if the action fails to state a claim upon which relief may be granted or is frivolous or malicious, even if partial filing fees have been imposed by the court; (2) a prisoner in a correctional institution who files an affidavit to include a statement of all assets such prisoner possesses; and (3) the court to ask the correctional institution for information relating to the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Title VIII: Further Streamlining Deportation of Criminal Aliens - Amends the Immigration and Nationality Act to expand the definition of "aggravated felony" to include various offenses such as an offense relating to: (1) commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of five years' imprisonment or more may be imposed; (2) perjury or subornation of perjury for which a sentence of five years' imprisonment or more may be imposed; and (3) a failure to appear before a court pursuant to a court order to answer or dispose of a charge of a felony for which a sentence of two years' imprisonment or more may be imposed. (Sec. 802) Authorizes the Attorney General to issue an order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence or who had permanent resident status on a conditional basis and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Prohibits the Attorney General from executing such an order until 14 calendar days from the date the order was issued, unless waived by the alien, to give the alien the opportunity to apply for judicial review. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable. (Sec. 803) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 804) Limits collateral attacks on deportation orders. (Sec. 805) Directs the Commissioner to operate a criminal alien tracking center. (Sec. 806) Permits the Attorney General to authorize deportation hearings by electronic or telephonic media with the alien's consent or, where waived or agreed to by the parties, in the alien's absence. Title IX: Amendments to Violent Crime Control and Law Enforcement Act - Repeals provisions of the VCCLEA regarding drug courts and crime prevention provisions concerning: (1) the Ounce of Prevention Council; (2) the local crime prevention block grant program; (3) model intensive grant programs; (4) the family and community endeavor schools grant program; (5) assistance for delinquent and at-risk youth; (6) police recruitment; (7) the Local Partnership Act; (8) the National Community Economic Partnership Act; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; and (11) the Family Unity Demonstration Project Act. Repeals the Violent Offender Incarceration and Truth in Sentencing Incentive Grants program under the VCCLEA.