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Bill· SS. 1514 (104th)referred
United States · United States Congress · 30 December 1995
Provides that, notwithstanding executive orders or Federal laws to the contrary, funds appropriated under the National Defense Authorization Act for Fiscal Year 1996 for military pay raises and basic allowances may be obligated and expended for such purpose. Terminates such authority on April 2, 1996.
Bill· HRH.R. 2831 (104th)referred
United States · United States Congress · 22 December 1995
Authorizes the Secretary of Veterans Affairs to establish an ambulatory care facility for the Department of Veterans Affairs in Brookhaven, New York, by leasing an existing facility or constructing a new facility, whichever is more cost effective.
Bill· HRH.R. 2835 (104th)referred
United States · United States Congress · 22 December 1995
Mercury Environmental Risk and Comprehensive Utilization Reduction Initiative - Amends the Toxic Substances Control Act to prohibit the sale or offering for sale or promotional purposes of: (1) alkaline-manganese batteries manufactured on or after January 1, 1996, with a mercury content that was intentionally introduced (limits the content in alkaline-manganese button cells to 25 milligrams of mercury per button cell); (2) zinc carbon batteries manufactured on or after January 1, 1997, that contain mercury that was intentionally introduced; (3) button cell mercuric-oxide batteries for use in the United States on or after January 1, 1997; and (4) any mercuric-oxide battery on or after January 1, 1997. Authorizes imposition of civil penalties and commencement of civil actions by the Administrator of the Environmental Protection Agency (EPA) to enforce these prohibitions. Defines a "regulated battery" as a rechargeable battery that contains a cadmium or lead electrode or contains other electrode chemistries and is the subject of a specified determination by the Administrator. Prohibits any person from selling for use in the United States a regulated battery or a rechargeable consumer product introduced into interstate commerce on or after one year after this Act's enactment date unless: (1) the battery is easily removable from the product, is contained in a battery pack that is easily removable from the product, or is sold separately; and (2) the rechargeable consumer product and the battery are labeled in accordance with this Act. Sets forth labeling requirements, including that the label contain a statement that the battery must be recycled or disposed of properly. Authorizes the Administrator, upon determining that other rechargeable batteries having electrode chemistries different from regulated batteries are toxic and may cause substantial harm if discarded for land disposal or incineration, to promulgate requirements for: (1) labeling such batteries and related products; and (2) easy removability of regulated batteries from rechargeable consumer products designed to contain such batteries. Provides for exemptions from these requirements under certain conditions. Makes certain EPA regulations regarding reclamation of spent lead-acid batteries, as in effect on January 1, 1993, applicable to persons collecting, storing, or transporting batteries or products regulated under this Act. Sets forth requirements for a report to the Congress by the Administrator on the disposal of used regulated batteries and rechargeable consumer products. Directs the Administrator to establish a program to provide information on the proper handling and disposal of such batteries and rechargeable consumer products with easily removable batteries. Establishes civil penalties for violations of the regulated battery and rechargeable consumer product requirements of this Act, recordkeeping requirements, and access authorities for the Administrator. Authorizes appropriations. (Sec. 4) Amends the Solid Waste Disposal Act (SWDA) to prohibit the sale or offering for sale of an alkaline or lead-acid battery unless the container is clearly labeled with a refund value, to be determined by the Administrator according to class or category. Requires distributors of batteries to collect amounts of refund values from retailers and retailers to collect such amounts from consumers. Establishes procedures for return of refund values (and handling costs) and disposition of refunds that are unclaimed or in excess of amounts collected. Makes amounts of unclaimed refunds available for pollution prevention and recycling programs in the State. Prohibits disposal of such a battery by a retailer or distributor in any landfill or other solid waste disposal facility. Makes the refund program's requirements inapplicable in States with procedures substantially identical to those imposed by this Act or which demonstrate a battery recycling or reuse rate of at least 70 percent. Establishes civil penalties for violations of refund program requirements. (Sec. 5) Prohibits, with stated exceptions, the intentional introduction of mercury to the manufacturing or distribution of packaging or a packaging component. Sets threshold levels for mercury presence in packaging or components. Requires manufacturers and suppliers to furnish certificates of compliance to purchasers and make such certificates available, upon request, to the public. Establishes civil penalties for violation of these prohibitions. (Sec. 6) Amends the Federal Insecticide, Fungicide, and Rodenticide Act to prohibit the Administrator from registering or reregistering any fungicide containing phenylmercuric acetate and cancels existing registrations of such fungicides. (Sec. 7) Requires the Administrator to study and report to the Congress on the use and disposal of mercury by the Department of Defense. Requires the Secretary of Defense to submit a program to the Congress, within three years after enactment of this Act, for reducing mercury use in military products. (Sec. 8) Amends SWDA to prohibit Federal agencies, State and local governments, and other waste management jurisdictions, after December 31, 1996, from issuing a permit or other prior approval for the construction or expansion of a municipal solid waste incinerator unless the applicant completes an environmental impact statement. Requires State solid waste plans to provide for separation, for recycling purposes, of mercury-containing items to be listed by the Administrator, including batteries, fluorescent light bulbs, electrical switches, and thermostats. (Sec. 9) Amends the Clean Air Act to remove an exemption of electric utility steam generating units from the applicability of standards promulgated by the Administrator regarding certain hazardous air pollutants. Requires as part of a permit program administered by an air pollution control agency, in the case of such generating units and municipal and medical waste incinerators, the imposition of an additional fee of $500 per pound of mercury emissions from the unit or a greater amount determined by the Administrator to be necessary to cover the costs of a program to research technologies to reduce mercury emissions and remediate mercury contamination. (Sec. 10) Requires the Secretary of Health and Human Services, through the Food and Drug Administration, to: (1) compile a list of drugs and foods containing intentionally introduced mercury compounds, together with a quantitative and qualitative analysis of such compounds; and (2) study the effect on humans of the use of such compounds in nasal sprays.
Bill· HRH.R. 2837 (104th)referred
United States · United States Congress · 22 December 1995
Provides that any individual who performs Operation Joint Endeavor services (United Nations-sponsored peacekeeping activities in Bosnia and Herzegovina) shall be entitled to the same tax benefits under the Internal Revenue Code that are provided to U.S. military personnel who perform service in an area designated by the President as a combat zone. Makes this Act effective for periods beginning on or after December 4, 1995.
Resolution· HCONRESH.Con.Res. 125 (104th)referred
United States · United States Congress · 22 December 1995
Expresses the sense of the House of Representatives that the President should suspend the proposed sale of the Army Tactical Missile System to the Government of Turkey until such Government: (1) moves to end its occupation of Cyprus; (2) lifts its embargo of Armenia; (3) ceases its military campaign against the Kurdish people; and (4) takes constructive steps to improve its domestic human rights record.
Bill· SS. 1495 (104th)referred
United States · United States Congress · 21 December 1995
TABLE OF CONTENTS: Title I: Prison Litigation Reform Title II: Prisons Title III: Equal Protection for Victims Title IV: Domestic Violence Title V: Firearms Title VI: Exclusionary Rule Title VII: Federal Death Penalty Title VIII: Habeas Corpus Title IX: Criminal Alien Deportation Improvements Title X: Gangs, Juveniles, and Drugs Title XI: Public Corruption Title XII: Administrative Subpoena Title XIII: Computer Crimes Title XIV: Computer Software Piracy Title XV: Internet Gambling Crime Prevention Act of 1995 - Title I: Prison Litigation Reform - Revises provisions of the Civil Rights of Institutionalized Persons Act to prohibit any action from being brought with respect to prison conditions by a prisoner until such administrative remedies as are available are exhausted. Specifies that the failure of a State to adopt or adhere to an administrative grievance procedure shall not constitute the basis for an action. Directs the court, if satisfied that the action is frivolous or malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief, to dismiss any such action and authorizes the court to dismiss the underlying claim without first requiring the exhaustion of administrative remedies. Sets forth provisions regarding: (1) limits on recovery; (2) hearing location; and (3) waiver of reply. (Sec. 102) Amends the Federal judicial code to require: (1) a prisoner of a Federal, State, or local institution seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security, to submit a certified copy of the prisoner's trust fund account statement for the six-month period immediately preceding the filing of the complaint or notice of appeal; and (2) a prisoner who brings a civil action or files an appeal in forma pauperis to pay the full amount of a filing fee (and directs the court to assess, and, when funds exist, to collect as a partial payment of any court fees required by law an initial partial filing fee of 20 percent of the greater of the average monthly deposits to the prisoner's account or the average monthly balance in the prisoner's account for such six-month period). Sets forth similar provisions regarding the payment of costs by the prisoner. Revises provisions regarding the appointment of counsel in forma pauperis proceedings to require the court to dismiss the case at any time if the allegation of poverty is untrue or if the action or appeal is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Makes an exception to the discharge of debt in a bankruptcy proceeding for a fee imposed by a court for the filing of a case, motion, complaint, or appeal or for other costs and expenses assessed with respect to such filing, regardless of an assertion of poverty by the debtor or the debtor's status as a prisoner. Sets forth provisions regarding: (1) the payment of costs; (2) successive claims; and (3) judicial screening of complaints in civil actions brought by prisoners against governmental entities. (Sec. 104) Prohibits any person convicted of a felony who is incarcerated while awaiting sentencing or while serving a sentence from bringing a civil action against the United States or a Government employee for mental or emotional injury suffered while in custody without a prior showing of physical injury. (Sec. 105) Requires that, prior to payment to the prisoner: (1) any compensatory damages awarded to a prisoner in connection with a civil action brought against any Federal, State, or local correctional facility or agent thereof be paid directly to satisfy any pending outstanding restitution orders; and (2) reasonable efforts be made to notify the prisoner's victims concerning the pending payment of any such damages. (Sec. 107) Authorizes the court to revoke earned release credit under specified circumstances. Amends the Federal criminal code to: (1) direct the Bureau of Prisons, in awarding credit toward service of sentence for satisfactory behavior, to consider whether the prisoner has earned or is making satisfactory progress toward earning a high school diploma or an equivalent degree; and (2) provide that credit awarded after the date of this Act's enactment shall vest on the date the prisoner is released from custody. Title II: Prisons - Amends the Federal criminal code to authorize the court, in any civil action in Federal court regarding prison conditions, to appoint a special master to conduct hearings and prepare proposed findings of fact during a sufficiently complex remedial phase, subject to specified requirements. Sets forth provisions regarding: (1) the process of, an interlocutory appeal of, and review of such appointment; (2) compensation for a special master; and (3) limits on a special master's powers and duties. Title III: Equal Protection for Victims - Amends: (1) rule 24 of the Federal Rules of Criminal Procedure to entitle each side to six peremptory challenges if the offense charged is punishable by imprisonment for more than one year; (2) rule 404 of the Federal Rules of Evidence (FRE) to allow the prosecution to introduce evidence of a pertinent character trait of the accused if the accused offers evidence of a pertinent character trait of the victim; and (3) rule 32 of the Federal Rules of Criminal Procedure to require the court, before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and to determine if the victim wishes to make a statement or present information in relation to the sentence. (Sec. 304) Enacts Rules of Professional Conduct for Lawyers in Federal Practice. (Sec. 305) Amends the Federal criminal code to repeal a requirement that notice of release of prisoners be used solely for law enforcement purposes. Amends the Federal judicial code regarding balance in the composition of rules committees. Title IV: Domestic Violence - Amends the Federal criminal code to provide for the death penalty for fatal domestic violence offenses. (Sec. 402) Amends FRE: (1) 404 to allow the use of evidence of other crimes, wrongs, or acts as proof of a defendant's disposition toward a particular victim; and (2) 702 to allow testimony concerning the behavior and mental or emotional conditions of victims to explain a victim's failure or delay in reporting an offense, recantation of an accusation, or failure to cooperate in the investigation or prosecution. (Sec. 404) Amends the Federal criminal code to require: (1) the testing of defendants for the human immunodeficiency virus (HIV) in sexual assault cases, with exceptions, with disclosure of the results to the court, the victim, the attorney for the Government, and the person tested; and (2) the United States Sentencing Commission (Commission) to amend existing guidelines for sex crime offenses to enhance the sentence if the offender knew that he or she was infected with HIV, with exceptions. Revises: (1) the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Government to obtain an order requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome and that the results be communicated to the victim's parent or legal guardian, if appropriate; and (2) requirements to be met by the victim to obtain an order for such test. Title V: Firearms - Imposes the following minimum penalties: (1) ten years for using or carrying a firearm during the commission of a Federal crime of violence or drug trafficking crime; (2) 20 years if the firearm is discharged; and (3) life imprisonment or punishment by death if the death of a person results. (Sec. 502) Provides mandatory penalties for firearms possession by persons with one (five years' imprisonment) or two (ten years' imprisonment) prior convictions for violent felonies or serious drug offenses. (Sec. 503) Makes specified mandatory penalties applicable when firearms are used in connection with counterfeiting or forgery offenses. (Sec. 504) Prohibits possession of an explosive during the commission of a felony. (Sec. 505) Doubles the penalty for a second offense of using an explosive to commit a felony. Title VI: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that evidence that is otherwise excludable shall not be excluded if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the statute, administrative rule or regulation, or rule of procedure the violation of which occasioned its being excludable. Title VII: Federal Death Penalty - Revises Federal death penalty standards and procedures, including requiring the jury (or the court, as applicable) in determining whether a death sentence is justified, to consider and determine (as an aggravating factor) whether the defendant: (1) during and in relation to the commission of the offense, or in escaping or attempting to escape apprehension, used or possessed a firearm; or (2) has previously been convicted of a Federal or State offense punishable by a term of imprisonment of more than one year, involving the use of a firearm against another person. Requires the defendant to give notice of mitigating factors that will be relied on in a capital sentencing hearing. Permits the information presented by the Government in support of factors concerning the effect of the offense on the victim and the victim's family to include oral testimony, a victim impact statement, and any other relevant information. Directs the jury to recommend a sentence of death if it unanimously finds at least one aggravating factor and no mitigating factor, or it finds one or more aggravating factors that outweigh any mitigating factors. Repeals Controlled Substances Act (CSA) provisions establishing death penalty procedures specifically for persons convicted of engaging in a continuing criminal enterprise where the Government seeks the death penalty. (Sec. 702) Includes murder of a witness as an aggravating factor to be considered in determining whether a death sentence is justified. (Sec. 703) Sets forth provisions regarding: (1) limits on filing motions for collateral attack on a judgment imposing a sentence of death; (2) stays of execution; and (3) finality of a decision on review. (Sec. 704) Provides for imposition of the death penalty for: (1) murders committed with firearms; and (2) murders committed in the District of Columbia. Title VIII: Habeas Corpus - Amends the Federal judicial code to prohibit an application for a writ of habeas corpus on behalf of a person in custody pursuant to a judgment or order of a State court from being entertained by a judge or a court of the United States unless the remedies in the courts of the State are inadequate or ineffective to test the legality of the person's detention. Title IX: Criminal Alien Deportation Improvements - Amends the Immigration and Nationality Act (INA) to expand the definition of "aggravated felony." (Sec. 902) Subjects a conditional permanent resident alien convicted of an aggravated felony to expedited deportation. (Sec. 903) Revises the seven-year residency defense against a deportation or exclusion order to permit deportation or exclusion of a permanent resident alien who has been sentenced (currently, imprisoned) to five or more years for an aggravated felony. (Sec. 904) Limits collateral attacks on deportation orders. (Sec. 905) Amends the VCCLEA to: (1) rename the criminal alien tracking center as the criminal alien identification system; (2) specify that the system shall be used to identify and locate deportable aliens who have committed aggravated felonies; and (3) transfer the system from the Attorney General to the Commissioner of the Immigration and Naturalization Service. (Sec. 906) Amends Federal criminal law to authorize wiretaps for alien smuggling investigations. (Sec. 907) Amends the INA to expand the criteria for deportation for crimes of moral turpitude. (Sec. 908) Directs the Secretary of State and the Attorney General to report on the effectiveness of the Prisoners Transfer Treaty with Mexico. (Sec. 909) Directs the Attorney General to designate a Department of Justice (DOJ) office which shall provide States and local entities with technical and prosecutorial assistance with respect to aliens who flee prosecution for crimes committed in the United States. (Sec. 910) States that the Congress advises the President to negotiate bilateral prisoner transfer treaties. Requires annual presidential certification that a treaty is effectively returning illegal aliens incarcerated in the United States to finish their prison term in their home country. (Sec. 911) Directs the Attorney General and the Commissioner to develop an interior (home country) repatriation program. (Sec. 912) Amends the INA to authorize deportation of nonviolent offenders prior to Federal or State sentence completion. Title X: Gangs, Juveniles, and Drugs - Amends the Federal criminal code to make it unlawful to: (1) commit specified "predicate gang crimes" (including murder, assault, kidnapping, arson, and retaliating against a witness, victim, or informant) with intent to promote or further the activities of a criminal street gang or for the purpose of gaining entrance to or maintaining or increasing position in such gang; (2) participate in, or induce another to participate in, a gang; (3) employ any individual to commit or facilitate the commission of a predicate gang crime with such intent; or (4) use any communication facility in causing or facilitating the commission of such an offense with such intent. Sets penalties for such offenses. Provides for forfeiture of proceeds obtained from, and property used to commit, the violation. Authorizes the Attorney General and the Secretary of the Treasury to investigate such offenses. Directs the Commission to increase the base offense level for any felony committed for the purpose of gaining entrance into, or maintaining or increasing position in, a criminal street gang. (Sec. 1002) Treats serious juvenile drug offenses as predicate offenses for purposes of the Armed Career Criminal Act. (Sec. 1003) Permits adult prosecution down to age 13 of juvenile offenders who commit serious violent felonies. Creates a presumption in favor of adult prosecution for such offenders who are 15 or older. (Sec. 1004) Amends the CSA to increase to three years the mandatory minimum penalties for a recidivist who distributes drugs to a minor or uses a minor in trafficking. (Sec. 1005) Revises procedures under the Federal criminal code regarding the use of records of crimes committed by juveniles, including the repeal of special probation and expungement procedures for drug possessors. (Sec. 1006) Sets penalties for drive-by shootings. (Sec. 1007) Amends the CSA to set penalties for physical trainers or advisers who attempt to get others to use steroids. (Sec. 1008) Adds hair analysis to the permissible forms of drug testing. Title XI: Public Corruption - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision of the honest services of a government official or employee, or of a fair and impartially conducted election process. Prescribes criminal penalties to be imposed upon any official, or person selected to be a public official, who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States or of any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. (Sec. 1102) Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. (Sec. 1103) Sets forth prohibitions regarding narcotics-related public corruption. Title XII: Administrative Subpoena - Grants the United States Secret Service administrative summons authority. Sets forth provisions regarding: (1) grounds for issuance; (2) the form of the summons; (3) service of process; and (4) place of service. Authorizes a U.S. district court judge for the district in which an investigation is pending to issue an ex parte order prohibiting any person served with such a summons from disclosing the existence of the summons for up to 180 days upon a showing that the materials being sought may be relevant to a legitimate law enforcement or protective intelligence inquiry and that there is reason to believe that such disclosure may result in endangerment to the life or physical safety of any person. Permits renewal for additional periods. Sets forth: (1) penalties for disclosure, with exceptions; and (2) enforcement provisions. Title XIII: Computer Crimes - Amends the Computer Fraud and Abuse Act to penalize individuals who knowingly access a computer without authorization or exceeding authorized access and obtain: (1) certain restricted data or information (data) and, with reason to believe that such data could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicate, deliver, or transmit such data to any person not entitled to receive it or willfully retain and fail to deliver it to the U.S. officer or employee entitled to receive it; (2) information from any U.S. department or agency (department); or (3) information from any protected computer if the conduct involved an interstate or foreign communication. (Sec. 1303) Modifies such Act to penalize persons who intentionally, without authorization, access any computer of a U.S. department: (1) where such computer is exclusively for the use of the Government; or (2) where such conduct affects use by or for the Government. (Sec. 1304) Increases penalties for: (1) significant unauthorized use of a computer system; and (2) those who have previously violated such Act. (Sec. 1305) Modifies such Act to penalize individuals who, without authorization, intentionally or recklessly cause damage to a protected computer. (Sec. 1306) Makes unlawful the transmission in interstate or foreign commerce of threats directed against computers and computer networks with intent to extort any thing of value. (Sec. 1308) Revises such Act to limit damages to economic damages where the violation causes a loss of $1,000 or more during any one-year period (but sets no limit where damages are imposed for violations that modified or impaired, or potentially modified or impaired, the medical examination, diagnosis, or treatment of a person). (Sec. 1309) Repeals a requirement that the Attorney General and the Secretary of the Treasury report annually to the Congress concerning specified computer crime investigations and prosecutions. (Sec. 1310) Directs the Commission to review existing sentencing guideline levels for fraud and related activity in connection with computers and to amend such guidelines to ensure that individuals convicted of specified offenses under such Act are incarcerated for at least one year. (Sec. 1311) Provides for asset forfeiture for fraud and related activity in connection with computers. Title XIV: Computer Software Piracy - Amends Federal copyright law to set penalties for willfully infringing a copyright by the malicious reproduction, distribution, or transmission (or assisting others in such activity) of one or more copies of one or more copyrighted works with a total market value of at least $5,000. (Sec. 1402) Revises Federal criminal code provisions regarding criminal infringement of a copyright to penalize individuals who commit an offense consisting of the reproduction or distribution of at least ten copies or phonorecords, or one or more copyrighted works, with a retail value of not less than $5,000. Directs the court, in imposing a sentence on a person convicted of such an offense, to order that the person forfeit to the United States any property used or intended to be used to commit or promote the commission of such offense. Title XV: Internet Gambling - Modifies Federal criminal code provisions regarding the transmission of wagering information (wagering provisions) to set penalties for anyone (not just those in the business of gambling) engaged in betting or wagering who knowingly uses a wire or electronic communication facility for the transmission in interstate or foreign commerce of bets, wagers, or information assisting in the placing of bets or wagers (bets), or for the transmission of such a communication which entitles the recipient to receive money or credit as a result of bets. Directs the court, in imposing a sentence for transmitting wagering information, to order that the defendant forfeit to the United States for deposit in a DOJ account any property (including hardware and software) involved in the offense and any property traceable to gross profits or other proceeds obtained from the offense. (Sec. 1502) Directs the Commission to: (1) review the deterrent effect of existing guidelines applicable to the wagering provisions and report to the Congress; and (2) amend or promulgate guidelines to ensure that individuals convicted under such provisions are imprisoned for not less than one year. (Sec. 1503) Requires the Attorney General to submit a report to the Congress that includes: (1) an analysis of the problems associated with enforcing the wagering provisions; (2) recommendations for the best use of the resources of DOJ and the Federal Communications Commission to enforce such provisions; and (3) an estimate of the amount of activity and money being used to gamble on the Internet.
Resolution· SRESS.Res. 201 (104th)passed
United States · United States Congress · 21 December 1995
Congratulates Frederick P. Hitz on his five-year anniversary as the first statutory Central Intelligence Agency Inspector General. Expresses support for the Office of the CIA Inspector General.
Bill· SS. 1487 (104th)referred
United States · United States Congress · 20 December 1995
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project (project) to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided through DOD to certain Medicare-eligible covered military beneficiaries. Requires the project to be conducted in one or more regions in which the TRICARE program (a DOD managed health care program) has been implemented. Allows such project to be conducted for up to two years. Requires such Secretaries to jointly submit to the Congress a first annual report and a final report containing specified information concerning project participants and such project's effects on military medical care access, readiness, and training. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs such Secretaries to jointly: (1) establish a base level of TRICARE coverage required in a geographic region for eligibility under the project; (2) determine baseline costs of such care and coverage; and (3) establish upper reimbursement limits. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project. Establishes in the Treasury the Medicare Subvention Fund (Fund) for providing payments to the HHS Secretary for reimbursement of the HHS trust funds and for the payment of all expenses related to the participation of Medicare-eligible covered military beneficiaries in excess of the base level established under this Act, as well as administrative expenses. Authorizes appropriations for FY 1997 and 1998 for deposit into the Fund to carry out the purposes of this Act.
Bill· HRH.R. 2814 (104th)open
United States · United States Congress · 20 December 1995
TABLE OF CONTENTS: Title I: Construction Authorization Title II: Strategic Planning for Health Care Resources Title I: Construction Authorization - Authorizes the Secretary of Veterans Affairs to carry out specified major medical facility projects, in specified amounts, in Florida, California, Pennsylvania, Illinois, Indiana, Maryland, North Carolina, Texas, and Arizona. Provides an obligation limitation with respect to two outpatient clinic projects. (Sec. 102) Authorizes the Secretary to enter into leases for two medical facilities in Florida and New York, in specified amounts. (Sec. 103) Authorizes appropriations to the Secretary for FY 1996 for two Construction, Major Projects, accounts and for the Medical Care account, in specified amounts, with a limitation. (Sec. 104) Directs the Secretary to report to the Senate and House Veterans' Affairs Committees (veterans' committees) on the health care needs of veterans in east central Florida. Prohibits the obligation of funds for the conversion of the former Orlando Naval Training Center Hospital in Orlando, Florida, until such report is submitted. Title II: Strategic Planning for Health Care Resources - Directs the Secretary, based on an analysis and recommendations of the Under Secretary for Health, to submit to the veterans' committees an annual report regarding long-range health planning of the Department of Veterans Affairs. Directs the Secretary to report annually to such committees showing the current Department priorities (listing the top 20) for proposed major medical construction projects. (Sec. 202) Specifies additional information required to be included in a prospectus submitted by the Secretary to the veterans' committees in connection with proposed medical facilities. (Sec. 203) States that the definition of "major medical facility project" shall include a project involving a total expenditure of more than $5 million in the case of a project which is principally for the alteration of a medical facility in order to provide additional space for the provision of ambulatory care. Repeals a provision of the Veterans' Medical Programs Amendments of 1992 which makes inapplicable to projects for which funds were appropriated prior to the enactment of such Act a prohibition on the appropriation, obligation, or expenditure of funds for any major medical facility project unless funds for such project have been specifically authorized by law. Prohibits the Secretary from obligating funds in excess of $500,000 from the Advance Planning Fund of the Department toward design or development of a major medical facility project until the Secretary submits a report to the veterans' committees on the proposed obligation and 30 days have passed since the receipt of such report. (Sec. 205) Requires the Veterans Health Administration (VHA) to include such professional and auxiliary services as the Secretary finds necessary to carry out VHA functions. Requires the Under Secretary for Health to ensure that his office is staffed so as to provide appropriate expertise. Amends Federal provisions concerning the Office of the Under Secretary to: (1) repeal the requirement that the Associate Deputy Under Secretary for Health be a qualified doctor of medicine; (2) no longer require such Office to include a Director of Nursing Service, Pharmacy Service, Dietetic Service, Podiatric Service, and Optometric Service; and (3) no longer require one Assistant Under Secretary for Health to be a qualified doctor of dental surgery or dental medicine and another to be a qualified physician trained in geriatrics.
Bill· HRH.R. 2821 (104th)referred
United States · United States Congress · 20 December 1995
Directs the Secretary of the Navy to transfer six specified obsolete tugboats of the Navy to the Wisconsin Railroad Transportation Commission, subject to the condition that the Commission shall not use a vessel until it complies with the terms of any necessary environmental agreement.
Bill· HRH.R. 2813 (104th)referred
United States · United States Congress · 20 December 1995
Directs the Secretary of Veterans Affairs to ensure that: (1) in any case during FY 1996 in which appropriations are not otherwise available for programs, projects, and activities of the Department of Veterans Affairs, payments of existing veterans' benefits and payments to contractors of the Veterans Health Administration for patient health and safety services are still made; and (2) in any case during FY 1996 in which certain Government functions are delayed, deferred, or canceled due to a limitation on the ability to borrow funds, payments of existing veterans' benefits are still made.
Bill· HRH.R. 2811 (104th)referred
United States · United States Congress · 19 December 1995
Amends the Military Construction Authorization Act for Fiscal Year 1993 to designate the Calverton Pine Barrens in Calverton, New York, as the Otis G. Pike Preserve.
Resolution· HRESH.Res. 315 (104th)referred
United States · United States Congress · 19 December 1995
Calls on the people of the United States to set a place at their tables during the 1995 holiday season as a reminder of the U.S. men and women serving in the peacekeeping efforts for Bosnia-Herzegovina.
Bill· HRH.R. 2798 (104th)open
United States · United States Congress · 15 December 1995
Veterans Health Care Management and Contracting Flexibility Act of 1995 - Reduces from 90 to 45 days the required period of prior congressional notification after which the Secretary of Veterans Affairs may implement an administrative reorganization within the Department of Veterans Affairs. Repeals a Federal provision which prohibits, with an exception, the Secretary from entering into a contract under which an activity at a Department health care facility currently performed by Federal employees is converted to one performed by employees of a Federal contractor. Authorizes the Secretary to enter into agreements with non-Department health care facilities and providers for the sharing of all health-care resources (currently, only specialized medical resources).
Bill· HRH.R. 2788 (104th)referred
United States · United States Congress · 15 December 1995
Directs the President, as soon as practicable, to enter into negotiations to revise the host-nation agreement with each member of the North Atlantic Treaty Organization (NATO) and Japan to require such countries to agree to assume, by September 30, 1997, all costs incurred by the United States due to the presence of U.S. military personnel in such countries. Provides that if such agreement revision is not entered into, the President shall order the phased withdrawal of U.S. troops from such countries until all such troops are withdrawn by September 30, 1999.
Resolution· HCONRESH.Con.Res. 120 (104th)open
United States · United States Congress · 15 December 1995
Congratulates Ukraine for the successful conduct of free and fair elections for the presidency and parliament. Calls for the President and Parliament of Ukraine to continue their efforts to agree upon and submit to the Ukrainian people for their approval a new democratic constitution. Urges the Government of Ukraine to: (1) continue efforts to ensure the rights of all citizens; (2) accelerate efforts to transform its economy; (3) proceed expeditiously with the privatization of state-owned enterprises; (4) place high priority on adopting laws to encourage economic growth based on market mechanisms, private enterprise, and the right to own property; (5) continue efforts to reach agreement with the G-7 group of States to shut down the nuclear reactors at Chernobyl; and (6) continue to oppose emergence of any collective military bloc on the territory of the former Soviet Union. Calls on the President of the United States to: (1) support continued U.S. assistance to Ukraine for specified purposes, including political and economic reforms; (2) insist that the Government of the Russian Federation recognize Ukraine's sovereignty; (3) express support for Ukraine's insistence that it be provided with appropriate compensation for use of its facilities on its territory; (4) ensure that Ukraine's national security interests are fully considered in any revision of the Treaty on Conventional Forces in Europe and that its interests as an integral part of Central and Eastern Europe are fully considered in any review of European security arrangements; (5) support continued U.S. security assistance for Ukraine; and (6) ensure continued U.S. efforts to assist Ukraine in its accession to the World Trade Organization. Calls for the United States to continue to support the Ukrainian people in their struggle to bring peace, prosperity, and democracy to Ukraine and to the other independent states of the former Soviet Union.
Law· HRH.R. 2778 (104th)enacted
United States · United States Congress · 14 December 1995
Provides that any individual who performs Operation Joint Endeavor services (United Nations-sponsored peacekeeping activities in Bosnia and Herzegovina) shall be entitled to the same tax benefits under specified provisions of the Internal Revenue Code that are provided to U.S. military personnel who perform service in an area designated by the President as a combat zone. Makes this Act effective for periods beginning on or after December 4, 1995.
Resolution· HRESH.Res. 307 (104th)passed
United States · United States Congress · 14 December 1995
Waives points of order against the consideration of the conference report on H.R. 1530 (national defense authorization).
Bill· SJRESS.J.Res. 44 (104th)open
United States · United States Congress · 13 December 1995
Expresses congressional support for the United States armed forces (U.S. forces) who are carrying out their missions in support of peace in Bosnia and Herzegovina. Authorizes the President to fulfill his commitment to deploy such forces in Bosnia and Herzegovina for approximately one year to implement the General Framework Agreement (Agreement) and Military Annex, subject to specified conditions. Requires the President, before acting pursuant to this Act, to make available to the Speaker of the House of Representatives and the President pro tempore of the Senate, his determination that: (1) the mission of the North Atlantic Treaty Organization Implementation Force (NATO force) and U.S. forces deployed in Bosnia and Herzegovina will be limited to implementation of the military provisions of the Military Annex to the Agreement and measures deemed necessary to protect the safety of the NATO force and U.S. forces; (2) an integral part of the successful accomplishment of the U.S. objective in Bosnia and Herzegovina in deploying and withdrawing U.S. forces is the establishment of a military balance which enables the Federation of Bosnia and Herzegovina to provide for its own defense without depending on United States or other outside forces; and (3) the United States will lead an international effort to provide equipment, arms, training, and logistics assistance of the highest quality to ensure that the Federation can provide for its own defense. Directs the President to submit reports to the Congress on: (1) efforts to enable the Federation to provide for its own defense; and (2) military and non-military aspects of implementation of the Agreement.
Resolution· SCONRESS.Con.Res. 35 (104th)passed
United States · United States Congress · 13 December 1995
Expresses congressional: (1) opposition to President Clinton's decision to deploy U.S. military ground forces into the Republic of Bosnia and Herzegovina to implement the General Framework Agreement for Peace in Bosnia and Herzegovina and its associated annexes; and (2) support for U.S. military personnel who may be ordered by the President to implement such Agreement.
Bill· HRH.R. 2768 (104th)open
United States · United States Congress · 13 December 1995
TABLE OF CONTENTS: Title I: Criminal Acts Title II: Increased Penalties Title III: Investigative Tools Title IV: Nuclear Materials Title V: Convention on the Marking of Plastic Explosives Title VI: Immigration-Related Provisions Subtitle A: Removal of Alien Terrorists Subtitle B: Expedited Exclusion Subtitle C: Improved Information and Processing Subtitle D: Employee Verification by Security Services Companies Subtitle E: Criminal Alien Deportation Improvements Title VII: Authorization and Funding Title VIII: Miscellaneous Title IX: Habeas Corpus Reform Effective Death Penalty and Antiterrorism Act of 1995 - Title I: Criminal Acts - Amends the Federal criminal code to set penalties for: (1) killing or attempting to kill any U.S. officer engaged in, or on account of, the performance of official duties or any person assisting such an officer or employee; and (2) threats to assault, kidnap, or murder former Federal officers and employees. (Sec. 102) Sets penalties for providing material support to terrorist organizations. (Sec. 103) Modifies a provision setting penalties for providing material support to terrorists, including: (1) eliminating language that excludes from the definition of "material support or resources" humanitarian assistance to persons not directly involved in violations; and (2) adding language to exclude from such definition medicine or religious materials. (Sec. 104) Establishes penalties for acts of terrorism transcending national boundaries, including creating a substantial risk of serious bodily injury to another by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States in violation of State or Federal law. Sets forth provisions regarding limits on prosecution, proof requirements, extraterritorial jurisdiction, the statute of limitations, and detention. Grants the Attorney General primary investigative responsibility for all "Federal crimes of terrorism" (defined as an offense that is calculated to influence or affect the conduct of government by intimidation or coercion or to retaliate against government conduct and that is a violation of specified provisions of the Federal criminal code, the Atomic Energy Act of 1954, and other Federal law). Directs the Secretary of the Treasury to assist the Attorney General at the Attorney General's request. (Sec. 105) Sets penalties for conspiring to kill, kidnap, maim, or injure people in (currently, limited to injuring property of) a foreign government. (Sec. 106) Makes penalties for an individual committing an offense on an aircraft in flight outside the special aircraft jurisdiction of the United States applicable regardless of whether such individual is later found in the United States. Grants jurisdiction over such an offense if: (1) a U.S. national was or would have been on board the aircraft; (2) an offender is a U.S. national; or (3) an offender is found in the United States. Provides that if the victim of specified offenses is an internationally protected person outside the United States, the United States may exercise jurisdiction if: (1) the victim is a representative, officer, employee, or agent of the United States; (2) an offender is a U.S. national; or (3) an offender is found in the United States. (Sec. 107) Modifies provisions regarding the use of weapons of mass destruction to include threats to use such weapons and to specify that, to violate such provisions, such use must be without lawful authority and the results of such use must affect (or in the case of a threat, attempt, or conspiracy, would have affected) interstate or foreign commerce. Includes within the definition of "weapon of mass destruction" any weapon designed to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors. Sets penalties (including the death penalty, if death results) for any U.S. national who, without lawful authority and outside the United States, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction. (Sec. 108) Adds terrorism offenses to the money laundering statute. (Sec. 109) Expands Federal jurisdiction over bomb threats. (Sec. 110) Provides that there is U.S. jurisdiction over specified maritime violence: (1) regardless of whether the activity is prohibited by the State in which it takes place; and (2) committed by a U.S. national or by a stateless person whose habitual residence is in the United States, regardless of whether the activity takes place on a ship flying the flag of a foreign country or outside the United States. (Sec. 111) Prohibits the possession, or pledge or acceptance as security for a loan, of stolen explosive materials moving in interstate or foreign commerce. (Sec. 112) Directs the National Institute of Justice (NIJ) to study and report to the Congress on a methodology for determining what ammunition, designed for handguns, is capable of penetrating police body armor. Title II: Increased Penalties - Revises provisions of the Federal criminal code regarding mandatory minimum sentences for certain explosives offenses to eliminate the malice requirement and increase penalties. Extends the statute of limitations to seven years for specified arson and explosives offenses. (Sec. 202) Increases penalties for explosives conspiracies. (Sec. 203) Sets penalties for conspiring to commit various terrorism-related offenses. (Sec. 204) Revises provisions regarding transferring a firearm knowing that it will be used to commit a crime of violence to include situations where the transferor has reasonable cause to believe that it will be used for such purpose. Subjects violators to the same penalties as may be imposed on a transferee for a first conviction for the use or carrying of the firearm. (Sec. 205) Subjects whoever transfers explosive materials, knowing or having reasonable cause to believe that such materials will be used to commit a crime of violence or drug trafficking crime, to the same penalties as may be imposed for a first conviction for the use or carrying of the explosive materials. (Sec. 206) Directs the U.S. Sentencing Commission to amend the sentencing guidelines so that the adjustment relating to international terrorism only applies to Federal crimes of terrorism. Title III: Investigative Tools - Amends the Federal criminal code to authorize the use of pen registers and trap and trace devices in foreign counterintelligence investigations. (Sec. 302) Amends the Fair Credit Reporting Act to require a consumer reporting agency (CRA) to furnish to the Federal Bureau of Investigation (FBI) the names and addresses of all financial institutions at which the consumer maintains or has maintained an account when presented with a written request for that information, signed by the FBI Director or the Director's designee (Director), which certifies compliance with this section. Permits the Director to make such certification only upon determining in writing that: (1) such information is necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or a person who is not a U.S. person and is an official of a foreign power, or is an agent of a foreign power and is engaging in or has engaged in international terrorism or clandestine intelligence activities that involve a violation of U.S. criminal statutes. Sets forth provisions regarding CRA furnishing of identifying information respecting a consumer, court orders for disclosure of consumer reports, confidentiality, payment of fees, limits on dissemination, reporting requirements, damages and disciplinary actions for violations (with a good faith exception), limitation of remedies, and injunctive relief. (Sec. 303) Amends the Federal criminal code to authorize a court or magistrate judge, upon application of the FBI Director, to issue an order ex parte directing any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to furnish any records in its possession to the FBI. Directs the court or magistrate judge to issue the order upon finding that such records are sought for foreign counterintelligence purposes and that there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power and is engaging or has engaged in international terrorism or clandestine intelligence activities that involve or may involve a violation of U.S. criminal statutes. Specifies that such an order shall not disclose that it is issued for purposes of a counterintelligence investigation. Sets forth provisions regarding limits on, and penalties for, disclosure. (Sec. 304) Requires the Attorney General to conduct a study concerning: (1) the tagging of explosive materials for purposes of detection and identification; (2) technology for devices to improve the detection of explosives materials; (3) whether common chemicals used to manufacture explosive materials can be rendered inert and whether it is feasible to require it; and (4) whether controls can be imposed on certain precursor chemicals used to manufacture explosive materials and whether it is feasible to require it. (Sec. 305) Makes the statutory exclusionary rule concerning intercepted wire or oral communications inapplicable to the disclosure by the United States in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication or evidence derived therefrom if any law enforcement officers who intercepted the communication or gathered the evidence acted with the reasonably objective belief that their actions were in compliance with Federal criminal code provisions. (Sec. 307) Revises wiretapping provisions to direct that an order authorizing interception require the attorney for the Government to file a report with the issuing judge within 15 days after the interception has begun, but specifies that no other reports shall be made to the judge. (Sec. 308) Sets forth provisions regarding: (1) access to telephone billing records by law enforcement agencies (including provision for a civil remedy and disciplinary action for violations); and (2) a requirement for providers of wire or electronic communication services to preserve record evidence. (Sec. 310) Provides that, except for good cause, a continuance on motion of the person in a detention hearing may not exceed five days and a continuance on motion of the attorney for the Government may not exceed three days (as under current law), not including any intermediate Saturday, Sunday, or legal holiday. (Sec. 311) Repeals Federal criminal code provisions regarding rewards. Authorizes the Attorney General to pay rewards and receive from any department or agency funds for the payment of rewards to any individual who provides any information unknown to the Government leading to the arrest or prosecution of any individual for Federal felony offenses. Requires the Attorney General to give notice to the Senate and House of Representatives if the reward exceeds $100,000. Specifies that the Attorney General's decision whether to authorize an award shall not be subject to judicial review. Sets forth provisions regarding protection of the identity of the recipient of a reward or of the members of the recipient's immediate family. Bars any officer or employee of any governmental entity from receiving a reward for conduct in performance of official duties. Permits the participation of any individual (and his or her immediate family) who furnishes information which would justify a reward, at the Attorney General's discretion, in the witness security program. (Sec. 312) Authorizes the Attorney General to prohibit: (1) vehicles from parking or standing on any street or roadway adjacent to any building in the District of Columbia which is wholly or partly owned, possessed, used by, or leased to the Federal Government and used by Federal law enforcement authorities; and (2) any person or entity from conducting business on any property immediately adjacent to any such building. (Sec. 313) Directs the Attorney General to study and report to the Congress on the extent of thefts from military arsenals of firearms, explosives, and other materials that are potentially useful to terrorists. Title IV: Nuclear Materials - Amends the Federal criminal code to expand the scope of provisions regarding prohibited transactions involving nuclear materials (for example, to include nuclear byproduct material) and the jurisdictional bases (such as to cover a situation where an offender or a victim is a U.S. national or a U.S. corporation or other legal entity). Title V: Convention on the Marking of Plastic Explosives - Amends the Federal criminal code to prohibit (with exceptions) the manufacture, importation, exportation, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent. Prohibits any person (other than a U.S. agency or the National Guard of any State) possessing any plastic explosive on the effective date of this title, from failing to report to the Secretary of the Treasury the quantity of such explosives possessed, the manufacturer or importer, any identification marks, and such other information as the Secretary may prescribe. (Sec. 503) Sets forth: (1) penalties for violations of this title; and (2) affirmative defenses. Title VI: Immigration-Related Provisions - Subtitle A: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Immigration and Nationality Act (INA) to establish procedures for the removal of alien terrorists. Requires the Chief Justice of the United States to publicly designate five district court judges to constitute a court with jurisdiction to conduct all special removal proceedings. Makes provisions of the Foreign Intelligence Surveillance Act of 1978 applicable to proceedings under this title. Directs the special removal court to provide for the designation of a panel of attorneys, each of whom has a security clearance and has agreed to represent permanent resident aliens with respect to classified information. Sets forth provisions regarding: (1) applications for initiation of a special removal proceeding; (2) consideration of the applications; (3) the conduct of special removal hearings, including provision for a public hearing, the right of aliens to counsel, rules of evidence, and the burden of proof; (4) consideration of classified information; (5) appeals; and (6) detention and custody, including criminal penalties for reentry of alien terrorists and elimination of custody review by habeas corpus. (Sec. 602) Authorizes appropriations to the Immigration and Naturalization Service for the purpose of detaining and deporting alien terrorists. Part 2: Exclusion and Denial of Asylum for Alien Terrorists - Makes membership in a terrorist organization a ground for exclusion. Defines "terrorist organization" as a foreign organization designated in the Federal Register as a terrorist organization by the Secretary of State, in consultation with the Attorney General, based upon a finding that the organization engages in, or has engaged in, terrorist activity that threatens U.S. national security. Sets forth provisions regarding the process for making such a designation, judicial review, the authority of the Congress and such Secretary to remove the designation, and sunset provisions. (Sec. 612) Denies asylum to alien terrorists. Denies other specified relief for alien terrorists. Subtitle B: Expedited Exclusion - Authorizes the examining immigration officer, upon determining that an alien seeking entry is excludable under specified provisions (with respect to misrepresentation or insufficient documentation) and does not indicate either an intention to apply for asylum or a fear of persecution, to order the alien excluded from the United States without further hearing or review. Directs the Attorney General to promulgate regulations to provide for the immediate review by a supervisory asylum office at the port of entry of a determination that an alien does not have a credible fear of persecution. (Sec. 622) Sets forth provisions regarding: (1) limits on judicial review, including preclusion of collateral attacks on the validity of orders of exclusion, special exclusion, or deportation pursuant to this title; and (2) exclusion of aliens who have not been inspected and admitted. Subtitle C: Improved Information and Processing - Part 1: Immigration Procedures - Allows the Attorney General (and, in some cases, an employee or official of the Department of Justice) to authorize an application to a Federal court of competent jurisdiction for, and allows a judge of such court to grant, an order authorizing disclosure of information contained in an alien's application for adjustment of status under the legalization program or under the special agricultural worker program for: (1) identification of an alien believed to have been killed or severely incapacitated; or (2) criminal law enforcement purposes against the alien if the alleged criminal activity occurred after the application was filed and such activity involves terrorist activity or poses an immediate risk to life or national security or would be prosecutable as an aggravated felony, without regard to the length of sentence that could be imposed on the applicant. (Sec. 632) Authorizes the Secretary of State to waive the application of provisions regarding notice of denial of visa applications in the case of a particular alien or any class or classes of aliens excludable on criminal or security and related grounds. Part 2: Asset Forfeiture for Passport and Visa Offenses - Amends the Federal criminal code to provide for: (1) criminal forfeiture for passport and visa related offenses; and (2) subpoenas for bank records for specified offenses, such as for fraud and related activity in connection with identification documents. Subtitle D: Employee Verification by Security Services Companies - Makes provisions prohibiting potential employers of foreign nationals from requesting additional or different documentation inapplicable to a request made in connection with an individual seeking employment in a company engaged in the business of providing security services to protect persons, institutions, buildings, or other possible targets of terrorism. Subtitle E: Criminal Alien Deportation Improvements - Criminal Alien Deportation Improvements Act of 1995 - Amends the INA, as amended by the Immigration and Nationality Technical Corrections Act of 1994, to expand the definition of "aggravated felony." (Sec. 663) Subjects a conditional permanent resident alien convicted of an aggravated felony to expedited deportation. (Sec. 664) Revises the seven-year residency defense against a deportation or exclusion order to permit deportation or exclusion of a permanent resident alien who has been sentenced (currently, imprisoned) to five or more years for an aggravated felony. (Sec. 665) Limits collateral attacks on deportation orders. (Sec. 666) Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to: (1) rename the criminal alien tracking center as the criminal alien identification system; (2) specify that the system shall be used to identify and locate deportable aliens who have committed aggravated felonies; and (3) transfer the system from the Attorney General to the Commissioner of the Immigration and Naturalization Service. (Sec. 667) Amends the Federal criminal code to: (1) bring certain alien smuggling-related crimes under the purview of the Racketeer Influenced and Corrupt Organizations Act; and (2) authorize wiretaps for alien smuggling investigations. (Sec. 669) Amends the INA to expand the criteria for deportation for crimes of moral turpitude. (Sec. 670) Makes local governments eligible for specified alien incarceration reimbursement assistance under the VCCLEA. (Sec. 671) Amends the INA to permit the use of electronic and telephonic media in deportation hearings. (Sec. 673) Directs the Secretary of State and the Attorney General to report on the effectiveness of the Prisoners Transfer Treaty with Mexico. (Sec. 674) Directs the Attorney General to designate a Department of Justice office which shall provide State and local entities with technical and prosecutorial assistance with respect to aliens who flee prosecution for crimes committed in the United States. (Sec. 675) Advises the President to negotiate bilateral prisoner transfer treaties. Requires annual presidential certification that a treaty is effectively returning illegal aliens incarcerated in the United States to finish their prison term in their home country. (Sec. 676) Directs the Attorney General and the Commissioner of Immigration and Naturalization to develop an interior (home country) repatriation program. (Sec. 677) Amends the INA to authorize deportation of nonviolent offenders prior to Federal or State sentence completion. Title VII: Authorization and Funding - Authorizes the Attorney General to award grants to provide specialized training or equipment to enhance the capability of metropolitan fire and emergency service departments to respond to terrorist attacks. Authorizes appropriations for FY 1996. (Sec. 702) Authorizes appropriations for FY 1996 and 1997 to the President to provide to foreign countries facing an imminent danger of terrorist attack that threatens the U.S. national interest or puts U.S. nationals at risk assistance in: (1) obtaining explosive detection devices and other counter-terrorism technology; and (2) conducting research and development projects on such technology. (Sec. 703) Authorizes appropriations to the NIJ Science and Technology Office to: (1) develop technologies that can be used to combat terrorism, and standards to ensure the adequacy of products produced and compatibility with relevant national systems; and (2) identify and assess requirements for technologies to assist State and local law enforcement in the national program to combat terrorism. Title VIII: Miscellaneous - Directs the Secretary of the Treasury to study and report to the Congress on State licensing requirements for the purchase and use of commercial high explosives. (Sec. 802) Amends the Victims of Crime Act of 1984 to provide for the compensation of victims of terrorism. (Sec. 803) Amends the Federal judicial code to make an exception to foreign sovereign immunity in certain cases in which money damages are sought against a foreign state for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act, where undertaken by an official, employee, or agent of a foreign country while acting within the scope of his office, employment, or agency. Makes an exception to immunity from attachment where the judgement relates to a claim for which the foreign state is not immune under such provision, regardless of whether the property is or was involved with the act upon which the claim is based. (Sec. 804) Directs the Attorney General to conduct a study, and report to the Congress, concerning: (1) the extent to which there is available to the public material that instructs how to make bombs, destructive devices, and weapons of mass destruction, and the extent to which information gained from such material has been used in incidents of domestic and international terrorism; (2) the likelihood that such information may be used in future terrorism incidents; and (3) the application of existing Federal laws to such material, any need and utility for additional laws, and an assessment of the extent to which the First Amendment protects such material and its private and commercial distribution. (Sec. 805) Directs the Attorney General to: (1) acquire data, for the calendar year 1990 and each succeeding calendar year, about crimes and incidents of threats and acts of violence against Federal, State, and local government employees in performance of their lawful duties; (2) establish guidelines for the collection of such data; and (3) publish an annual summary of the data, which shall otherwise be used only for research and statistical purposes. Specifies that the United States Secret Service is not required to participate in any statistical reporting activity regarding any threats made against any individual for whom the Service is authorized to provide protection. (Sec. 806) Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Specifies that such requirement does not affect the power of the court to impose any other penalty authorized by law. Permits the court, in the case of a misdemeanor, to impose restitution in lieu of any other penalty authorized by law. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Mandates that a restitution order require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at related proceedings. Directs the court: (1) to order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender and shall direct the offender to give appropriate notice to victims and other persons in cases where there are multiple victims or other persons who may receive restitution and where the identity of such victims and other persons can be reasonably determined; and (2) such in-kind payments may be in the form of the return or replacement of property or the provision of services to the victim or another person or organization. Provides that when the court finds that: (1) more than one offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) more than one victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment in accordance with this section. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. (Sec. 807) Authorizes the FBI Director to support law enforcement training activities in foreign countries for the purpose of improving the effectiveness of the United States in investigating and prosecuting transnational offenses. Title IX: 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. 902) 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 appealability, any 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 applicant has made a substantial showing of the denial of a constitutional right. (Sec. 904) 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 applicant guilty of the underlying offense. (Sec. 905) Sets forth provisions regarding limitations on second or successive applications. (Sec. 907) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of an application for habeas corpus brought in a capital case not later than 180 days after the date on which the application 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 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. Requires the Administrative Office of United States Courts to submit to the Congress an annual report on the compliance by the courts of appeals with the time limitations under this section. (Sec. 908) Amends the Controlled Substances Act to allow the court, upon a finding that investigative, expert, or other services are reasonably necessary for the representation of a defendant in a criminal action in which a defendant is charged with a crime which may be punishable by death and in certain post-conviction proceedings, to authorize the defendant's attorneys to obtain such services on behalf of the defendant and order the payment of fees and expenses. Prohibits any ex parte proceeding, communication, or request (proceeding) from being considered unless a proper showing is made concerning the need for confidentiality. Requires that any such proceeding be transcribed and made a part of the record available for appellate review.
Bill· HRH.R. 2776 (104th)referred
United States · United States Congress · 13 December 1995
Amends the Internal Revenue Code to exclude from gross income military compensation received by enlisted personnel and commissioned officers of the armed forces for active service in a contingency operation zone in the same manner as if such service was performed in a combat zone. Increases the income exclusion limit to $2,400 for military compensation received by a commissioned officer for active service in a combat zone or a contingency operation zone.
Bill· HRH.R. 2770 (104th)passed
United States · United States Congress · 13 December 1995
Prohibits the appropriation of Federal funds for the deployment on the ground of U.S. armed forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force.
Bill· HJRESH.J.Res. 131 (104th)referred
United States · United States Congress · 13 December 1995
Amends a specified Federal law making continuing appropriations to extend the specific termination date of appropriations and authority under that Act to January 26, 1996 (currently, December 15, 1995). Prohibits making, during FY 1996, an adjustment of compensation elements of members of the uniformed services otherwise mandated by specified Federal law. Increases the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of such members by specified percentages. Makes the FY 1996 increase in military retired pay first payable for the month of March 1996. Mandates and authorizes transfer from other funds available to the Department of Defense sums as necessary to carry out this paragraph.
Resolution· HRESH.Res. 306 (104th)passed
United States · United States Congress · 13 December 1995
Supports the men and women of the U.S. armed forces who are carrying out their mission in support of peace in Bosnia and Herzegovina with professional excellence, dedicated patriotism, and exemplary bravery.
Resolution· HRESH.Res. 305 (104th)referred
United States · United States Congress · 13 December 1995
Supports the men and women of the U.S. armed forces who are carrying out their mission in support of peace in Bosnia and Herzegovina with professional excellence, dedicated patriotism, and exemplary bravery.
Resolution· HRESH.Res. 302 (104th)passed
United States · United States Congress · 13 December 1995
Reiterates serious concerns and opposition to the President's policy that results in the deployment of 20,000 members of the U.S. armed forces on the ground in the territory of the Republic of Bosnia and Herzegovina. Calls for: (1) the President and the Secretary of Defense to rely on the judgment of, and ensure the provision of appropriate resources and support to, the commander of the U.S. armed forces that are deployed in and around the territory of the Republic in all matters affecting the safety, support, and well-being of such forces; and (2) the U.S. Government to be impartial and evenhanded with all parties to the conflict as necessary to assure the safety and protection of such forces.
Resolution· HRESH.Res. 304 (104th)passed
United States · United States Congress · 13 December 1995
Makes it in order to debate the deployment of U.S. armed forces in and around the territory of the Republic of Bosnia and Herzegovina. Sets forth the rule for the consideration of the following measures: (1) H.R. 2770 (prohibition on Federal funds for the deployment of U.S. ground forces in the Republic as part of any peacekeeping operation or as part of any implementation force; (2) H. Res. 302 (deployment of U.S. armed forces in and around the territory of the Republic to enforce the peace agreement); and (3) a resolution relating to such deployment (offered by the minority leader or his designee).
Bill· HRH.R. 2765 (104th)referred
United States · United States Congress · 12 December 1995
Directs the Secretary of Defense to pay a specified amount to a named individual in full satisfaction of all claims against the United States for back pay in connection with his service as a teacher in the Department of Defense Overseas Dependent Schools.
Bill· HRH.R. 2760 (104th)open
United States · United States Congress · 12 December 1995
Designates the nursing care center at the Department of Veterans Affairs medical center in Aspinwall, Pennsylvania, as the H. John Heinz, III Department of Veterans Affairs Nursing Care Center.
Bill· HRH.R. 2764 (104th)open
United States · United States Congress · 12 December 1995
Directs the Secretary of Defense to allow veterans who are totally disabled as a result of a service-connected disability (as determined by the Secretary of Veterans Affairs) to travel on military aircraft to the same extent as retired members of the armed forces are authorized to so travel.
Resolution· HRESH.Res. 297 (104th)passed
United States · United States Congress · 12 December 1995
Waives provisions of rule XI of the Rules of the House of Representatives that require a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House with respect to resolutions reported by such Committee for the remainder of the first session of the 104th Congress to provide for the consideration or disposition of any of the following measures, including any amendment, conference report, or any amendment from conference in disagreement thereon: (1) a bill making general appropriations for FY 1996; (2) a bill or joint resolution making further continuing appropriations for such fiscal year or increasing or waiving (for a temporary period or otherwise) the public debt limit; (3) a bill providing for a balanced budget by 2002; or (4) a bill or joint resolution relating to the deployment of U.S. armed forces in and around the territory of the Republic of Bosnia and Herzegovina.
Resolution· HRESH.Res. 298 (104th)referred
United States · United States Congress · 12 December 1995
Reiterates serious concerns and grave reservations regarding the President's policy to deploy 20,000 members of the U.S. armed forces on the ground in the territory of the Republic of Bosnia and Herzegovina. Calls for: (1) the President and the Secretary of Defense to rely on the judgment of, and ensure the provision of appropriate resources and support to, the commander of the U.S. armed forces that are deployed in and around the territory of the Republic in all matters affecting the safety, support, and well-being of such forces; and (2) the U.S. Government to be impartial and evenhanded with all parties to the conflict as necessary to assure the safety and protection of such forces.
Resolution· HRESH.Res. 295 (104th)referred
United States · United States Congress · 12 December 1995
Calls for: (1) the President and the Secretary of Defense to rely on the judgment of, and ensure the provision of appropriate resources and support to, the commander of the U.S. armed forces that are deployed in and around the territory of the Republic of Bosnia and Herzegovina (the Republic) in all matters affecting the safety, support, and well-being of such forces; and (2) the U.S. Government to be impartial and evenhanded with all parties to the conflict as necessary to assure the safety and protection of such forces.
Bill· HRH.R. 2729 (104th)referred
United States · United States Congress · 6 December 1995
Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to make special provisions, including waiver of the Medicare part B late enrollment penalty and establishment of a special enrollment period, for the enrollment of certain military retirees and their dependents who are adversely affected by the closure of a Department of Defense military medical treatment facility pursuant to a closure or realignment of a military installation.
Resolution· HCONRESH.Con.Res. 118 (104th)referred
United States · United States Congress · 6 December 1995
Expresses the sense of the Congress that: (1) all decisions regarding the operations of the U.S. armed forces in the former Yugoslavia should reflect the judgment of U.S. military commanders; (2) the President should direct the Secretary of Defense to respond immediately and completely to the requests made by the Commander of those forces for resources and other support necessary to carry out the mission of enforcing the peace agreement; and (3) such mission should not be expanded in scope or extended beyond the one-year deadline imposed by the President unless the President determines, in consultation with the Congress, that such action is necessary to protect U.S. armed forces in the former Yugoslavia or vital national security interests.
Bill· HRH.R. 2703 (104th)open
United States · United States Congress · 5 December 1995
TABLE OF CONTENTS: Title I: Criminal Acts Title II: Increased Penalties Title III: Investigative Tools Title IV: Nuclear Materials Title V: Convention on the Marking of Plastic Explosives Title VI: Immigration-Related Provisions Subtitle A: Removal of Alien Terrorists Subtitle B: Expedited Exclusion Subtitle C: Improved Information and Processing Subtitle D: Employee Verification by Security Service Companies Subtitle E: Criminal Alien Deportation Improvements Title VII: Authorization and Funding Title VIII: Miscellaneous Title IX: Habeas Corpus Reform Comprehensive Antiterrorism Act of 1995 - Title I: Criminal Acts - Amends the Federal criminal code to set penalties for: (1) killing or attempting to kill any U.S. officer engaged in, or on account of, the performance of official duties or any person assisting such an officer or employee; and (2) threats to assault, kidnap, or murder former Federal officers and employees. (Sec. 102) Sets penalties for providing material support to terrorist organizations. (Sec. 103) Modifies a provision setting penalties for providing material support to terrorists, including: (1) eliminating language that excludes from the definition of "material support or resources" humanitarian assistance to persons not directly involved in violations; and (2) adding language to exclude from such definition medicine or religious materials. (Sec. 104) Establishes penalties for acts of terrorism transcending national boundaries, including creating a substantial risk of serious bodily injury to another by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States in violation of State or Federal law. Sets forth provisions regarding limits on prosecution, proof requirements, extraterritorial jurisdiction, the statute of limitations, and detention. Grants the Attorney General primary investigative responsibility for all "Federal crimes of terrorism" (defined as an offense that is calculated to influence or affect the conduct of government by intimidation or coercion or to retaliate against government conduct and that is a violation of specified provisions of the Federal criminal code, the Atomic Energy Act of 1954, and other Federal law). Directs the Secretary of the Treasury to assist the Attorney General at the Attorney General's request. (Sec. 105) Sets penalties for conspiring to kill, kidnap, maim, or injure people in (currently, limited to injuring property of) a foreign government. (Sec. 106) Makes penalties for an individual committing an offense on an aircraft in flight outside the special aircraft jurisdiction of the United States applicable regardless of whether such individual is later found in the United States. Grants jurisdiction over such an offense if: (1) a U.S. national was or would have been on board the aircraft; (2) an offender is a U.S. national; or (3) an offender is found in the United States. Provides that if the victim of specified offenses is an internationally protected person outside the United States, the United States may exercise jurisdiction if: (1) the victim is a representative, officer, employee, or agent of the United States; (2) an offender is a U.S. national; or (3) an offender is found in the United States. (Sec. 107) Modifies provisions regarding the use of weapons of mass destruction to include threats to use such weapons and to specify that, to violate such provisions, such use must be without lawful authority and the results of such use must affect (or in the case of a threat, attempt, or conspiracy, would have affected) interstate or foreign commerce. Includes within the definition of "weapon of mass destruction" any weapon designed to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors. Sets penalties (including the death penalty, if death results) for any U.S. national who, without lawful authority and outside the United States, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction. (Sec. 108) Adds terrorism offenses to the money laundering statute. (Sec. 109) Expands Federal jurisdiction over bomb threats. (Sec. 110) Provides that there is U.S. jurisdiction over specified maritime violence: (1) regardless of whether the activity is prohibited by the State in which it takes place; and (2) committed by a U.S. national or by a stateless person whose habitual residence is in the United States, regardless of whether the activity takes place on a ship flying the flag of a foreign country or outside the United States. (Sec. 111) Prohibits the possession, or pledge or acceptance as security for a loan, of stolen explosive materials moving in interstate or foreign commerce. (Sec. 112) Directs the National Institute of Justice (NIJ) to study and report to the Congress on a methodology for determining what ammunition, designed for handguns, is capable of penetrating police body armor. Title II: Increased Penalties - Revises provisions of the Federal criminal code regarding mandatory minimum sentences for certain explosives offenses to eliminate the malice requirement and increase penalties. Extends the statute of limitations to seven years for specified arson and explosives offenses. (Sec. 202) Increases penalties for explosives conspiracies. (Sec. 203) Sets penalties for conspiring to commit various terrorism-related offenses. (Sec. 204) Revises provisions regarding transferring a firearm knowing that it will be used to commit a crime of violence to include situations where the transferor has reasonable cause to believe that it will be used for such purpose. Subjects violators to the same penalties as may be imposed on a transferee for a first conviction for the use or carrying of the firearm. (Sec. 205) Subjects whoever transfers explosive materials, knowing or having reasonable cause to believe that such materials will be used to commit a crime of violence or drug trafficking crime, to the same penalties as may be imposed for a first conviction for the use or carrying of the explosive materials. (Sec. 206) Directs the U.S. Sentencing Commission to amend the sentencing guidelines so that the adjustment relating to international terrorism only applies to Federal crimes of terrorism. Title III: Investigative Tools - Amends the Federal criminal code to authorize the use of pen registers and trap and trace devices in foreign counterintelligence investigations. (Sec. 302) Amends the Fair Credit Reporting Act to authorize a court or magistrate judge, upon application by the Director of the Federal Bureau of Investigation (FBI), to issue an order ex parte directing a consumer reporting agency (CRA) to furnish to the FBI the names and addresses of all financial institutions at which the consumer maintains or has maintained an account. Authorizes the court or magistrate judge to issue the order upon finding that: (1) such information is necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or a person who is not a U.S. person and is an official of a foreign power, or is an agent of a foreign power and is engaging in or has engaged in international terrorism or clandestine intelligence activities that involve a violation of U.S. criminal statutes. Specifies that such an order shall not disclose that it is issued for purposes of a counterintelligence investigation. Sets forth provisions regarding CRA furnishing of identifying information respecting a consumer, court orders for disclosure of consumer reports, confidentiality, payment of fees, limits on dissemination, reporting requirements, damages and disciplinary actions for violations (with a good faith exception), and injunctive relief. (Sec. 303) Amends the Federal criminal code to authorize a court or magistrate judge, upon application of the FBI Director, to issue an order ex parte directing any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to furnish any records in its possession to the FBI. Directs the court or magistrate judge to issue the order upon finding that such records are sought for foreign counterintelligence purposes and that there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power and is engaging or has engaged in international terrorism or clandestine intelligence activities that involve or may involve a violation of U.S. criminal statutes. Specifies that such an order shall not disclose that it is issued for purposes of a counterintelligence investigation. Sets forth provisions regarding limits on, and penalties for, disclosure. (Sec. 304) Requires the Attorney General to conduct a study concerning: (1) the tagging of explosive materials for purposes of detection and identification; (2) technology for devices to improve the detection of explosives materials; (3) whether common chemicals used to manufacture explosive materials can be rendered inert and whether it is feasible to require it; and (4) whether controls can be imposed on certain precursor chemicals used to manufacture explosive materials and whether it is feasible to require it. (Sec. 305) Makes the statutory exclusionary rule concerning intercepted wire or oral communications inapplicable to the disclosure by the United States in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication or evidence derived therefrom if any law enforcement officers who intercepted the communication or gathered the evidence acted with the reasonably objective belief that their actions were in compliance with Federal criminal code provisions. (Sec. 307) Sets forth provisions regarding: (1) access to telephone billing records by law enforcement agencies (including provision for a civil remedy and disciplinary action for violations); and (2) a requirement for providers of wire or electronic communication services to preserve record evidence. (Sec. 309) Provides that, except for good cause, a continuance on motion of the person in a detention hearing may not exceed five days and a continuance on motion of the attorney for the Government may not exceed three days (as under current law), not including any intermediate Saturday, Sunday, or legal holiday. (Sec. 310) Repeals Federal criminal code provisions regarding rewards. Authorizes the Attorney General to pay rewards and receive from any department or agency funds for the payment of rewards to any individual who provides any information unknown to the Government leading to the arrest or prosecution of any individual for Federal felony offenses. Requires the Attorney General to give notice to the Senate and House of Representatives if the reward exceeds $100,000. Specifies that the Attorney General's decision whether to authorize an award shall not be subject to judicial review. Sets forth provisions regarding protection of the identity of the recipient of a reward or of the members of the recipient's immediate family. Bars any officer or employee of any governmental entity from receiving a reward for conduct in performance of official duties. Permits the participation of any individual (and his or her immediate family) who furnishes information which would justify a reward, at the Attorney General's discretion, in the witness security program. (Sec. 311) Authorizes the Attorney General to prohibit: (1) vehicles from parking or standing on any street or roadway adjacent to any building in the District of Columbia which is wholly or partly owned, possessed, used by, or leased to the Federal Government and used by Federal law enforcement authorities; and (2) any person or entity from conducting business on any property immediately adjacent to any such building. (Sec. 312) Directs the Attorney General to study and report to the Congress on the extent of thefts from military arsenals of firearms, explosives, and other materials that are potentially useful to terrorists. Title IV: Nuclear Materials - Amends the Federal criminal code to expand the scope of provisions regarding prohibited transactions involving nuclear materials (for example, to include nuclear byproduct material) and the jurisdictional bases (such as to cover a situation where an offender or a victim is a U.S. national or a U.S. corporation or other legal entity). Title V: Convention on the Marking of Plastic Explosives - Amends the Federal criminal code to prohibit (with exceptions) the manufacture, importation, exportation, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent. Prohibits any person (other than a U.S. agency or the National Guard of any State) possessing any plastic explosive on the effective date of this title, from failing to report to the Secretary of the Treasury the quantity of such explosives possessed, the manufacturer or importer, any identification marks, and such other information as the Secretary may prescribe. (Sec. 503) Sets forth: (1) penalties for violations of this title; and (2) affirmative defenses. Title VI: Immigration-Related Provisions - Subtitle A: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Immigration and Nationality Act (INA) to establish procedures for the removal of alien terrorists. Requires the Chief Justice of the United States to publicly designate five district court judges to constitute a court with jurisdiction to conduct all special removal proceedings. Makes provisions of the Foreign Intelligence Surveillance Act of 1978 applicable to proceedings under this title. Directs the special removal court to provide for the designation of a panel of attorneys, each of whom has a security clearance and has agreed to represent permanent resident aliens with respect to classified information. Sets forth provisions regarding: (1) applications for initiation of a special removal proceeding; (2) consideration of the applications; (3) the conduct of special removal hearings, including provision for a public hearing, the right of aliens to counsel, rules of evidence, and the burden of proof; (4) consideration of classified information; (5) appeals; and (6) detention and custody, including criminal penalties for reentry of alien terrorists and elimination of custody review by habeas corpus. (Sec. 602) Authorizes appropriations to the Immigration and Naturalization Service for the purpose of detaining and deporting alien terrorists. Part 2: Exclusion and Denial of Asylum for Alien Terrorists - Makes membership in a terrorist organization a ground for exclusion. Defines "terrorist organization" as a foreign organization designated in the Federal Register as a terrorist organization by the Secretary of State, in consultation with the Attorney General, based upon a finding that the organization engages in, or has engaged in, terrorist activity that threatens U.S. national security. Sets forth provisions regarding the process for making such a designation, judicial review, the authority of the Congress and such Secretary to remove the designation, and sunset provisions. (Sec. 612) Denies asylum to alien terrorists. Denies other specified relief for alien terrorists. Subtitle B: Expedited Exclusion - Authorizes the examining immigration officer, upon determining that an alien seeking entry is excludable under specified provisions (with respect to misrepresentation or insufficient documentation) and does not indicate either an intention to apply for asylum or a fear of persecution, to order the alien excluded from the United States without further hearing or review. Directs the Attorney General to promulgate regulations to provide for the immediate review by a supervisory asylum office at the port of entry of a determination that an alien does not have a credible fear of persecution. (Sec. 622) Sets forth provisions regarding: (1) limits on judicial review, including preclusion of collateral attacks on the validity of orders of exclusion, special exclusion, or deportation pursuant to this title; and (2) exclusion of aliens who have not been inspected and admitted. Subtitle C: Improved Information and Processing - Part 1: Immigration Procedures - Allows the Attorney General (and, in some cases, an employee or official of the Department of Justice) to authorize an application to a Federal court of competent jurisdiction for, and allows a judge of such court to grant, an order authorizing disclosure of information contained in an alien's application for adjustment of status under the legalization program or under the special agricultural worker program for: (1) identification of an alien believed to have been killed or severely incapacitated; or (2) criminal law enforcement purposes against the alien if the alleged criminal activity occurred after the application was filed and such activity involves terrorist activity or poses an immediate risk to life or national security or would be prosecutable as an aggravated felony, without regard to the length of sentence that could be imposed on the applicant. (Sec. 632) Authorizes the Secretary of State to waive the application of provisions regarding notice of denial of visa applications in the case of a particular alien or any class or classes of aliens excludable on criminal or security and related grounds. Part 2: Asset Forfeiture for Passport and Visa Offenses - Amends the Federal criminal code to provide for: (1) criminal forfeiture for passport and visa related offenses; and (2) subpoenas for bank records for specified offenses, such as for fraud and related activity in connection with identification documents. Subtitle D: Employee Verification by Security Services Companies - Makes provisions prohibiting potential employers of foreign nationals from requesting additional or different documentation inapplicable to a request made in connection with an individual seeking employment in a company engaged in the business of providing security services to protect persons, institutions, buildings, or other possible targets of terrorism. Subtitle E: Criminal Alien Deportation Improvements - Criminal Alien Deportation Improvements Act of 1995 - Amends the INA, as amended by the Immigration and Nationality Technical Corrections Act of 1994, to expand the definition of "aggravated felony." (Sec. 663) Subjects a conditional permanent resident alien convicted of an aggravated felony to expedited deportation. (Sec. 664) Revises the seven-year residency defense against a deportation or exclusion order to permit deportation or exclusion of a permanent resident alien who has been sentenced (currently, imprisoned) to five or more years for an aggravated felony. (Sec. 665) Limits collateral attacks on deportation orders. (Sec. 666) Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to: (1) rename the criminal alien tracking center as the criminal alien identification system; (2) specify that the system shall be used to identify and locate deportable aliens who have committed aggravated felonies; and (3) transfer the system from the Attorney General to the Commissioner of the Immigration and Naturalization Service. (Sec. 667) Amends the Federal criminal code to: (1) bring certain alien smuggling-related crimes under the purview of the Racketeer Influenced and Corrupt Organizations Act; and (2) authorize wiretaps for alien smuggling investigations. (Sec. 669) Amends the INA to expand the criteria for deportation for crimes of moral turpitude. (Sec. 670) Makes local governments eligible for specified alien incarceration reimbursement assistance under the VCCLEA. (Sec. 671) Amends the INA to permit the use of electronic and telephonic media in deportation hearings. (Sec. 673) Directs the Secretary of State and the Attorney General to report on the effectiveness of the Prisoners Transfer Treaty with Mexico. (Sec. 674) Directs the Attorney General to designate a Department of Justice office which shall provide State and local entities with technical and prosecutorial assistance with respect to aliens who flee prosecution for crimes committed in the United States. (Sec. 675) Advises the President to negotiate bilateral prisoner transfer treaties. Requires annual presidential certification that a treaty is effectively returning illegal aliens incarcerated in the United States to finish their prison term in their home country. (Sec. 676) Directs the Attorney General and the Commissioner of Immigration and Naturalization to develop an interior (home country) repatriation program. (Sec. 677) Amends the INA to authorize deportation of nonviolent offenders prior to Federal or State sentence completion. Title VII: Authorization and Funding - Authorizes the Attorney General to award grants to provide specialized training or equipment to enhance the capability of metropolitan fire and emergency service departments to respond to terrorist attacks. Authorizes appropriations for FY 1996. (Sec. 702) Authorizes appropriations for FY 1996 and 1997 to the President to provide to foreign countries facing an imminent danger of terrorist attack that threatens the U.S. national interest or puts U.S. nationals at risk assistance in: (1) obtaining explosive detection devices and other counter-terrorism technology; and (2) conducting research and development projects on such technology. (Sec. 703) Authorizes appropriations to the NIJ Science and Technology Office to: (1) develop technologies that can be used to combat terrorism and standards to ensure the adequacy of products produced and compatibility with relevant national systems; and (2) identify and assess requirements for technologies to assist State and local law enforcement in the national program to combat terrorism. Title VIII: Miscellaneous - Directs the Secretary of the Treasury to study State and report to the Congress on licensing requirements for the purchase and use of commercial high explosives. (Sec. 802) Amends the Victims of Crime Act of 1984 to provide for the compensation of victims of terrorism. (Sec. 803) Amends the Federal judicial code to make an exception to foreign sovereign immunity in certain cases in which money damages are sought against a foreign state for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act, where undertaken by an official, employee, or agent of a foreign country while acting within the scope of his office, employment, or agency. Makes an exception to immunity from attachment where the judgement relates to a claim for which the foreign state is not immune under such provision, regardless of whether the property is or was involved with the act upon which the claim is based. (Sec. 804) Directs the Attorney General to conduct a study, and report to the Congress, concerning: (1) the extent to which there is available to the public material that instructs how to make bombs, destructive devices, and weapons of mass destruction, and the extent to which information gained from such material has been used in incidents of domestic and international terrorism; (2) the likelihood that such information may be used in future terrorism incidents; and (3) the application of existing Federal laws to such material, any need and utility for additional laws, and an assessment of the extent to which the First Amendment protects such material and its private and commercial distribution. (Sec. 805) Directs the Attorney General to: (1) acquire data for the calendar year 1990 and each succeeding calendar year about crimes and incidents of threats and acts of violence against Federal, State, and local government employees in performance of their lawful duties; (2) establish guidelines for the collection of such data; and (3) publish an annual summary of the data, which shall otherwise be used only for research and statistical purposes. Specifies that the United States Secret Service is not required to participate in any statistical reporting activity regarding any threats made against any individual for whom the Service is authorized to provide protection. (Sec. 806) Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Specifies that such requirement does not affect the power of the court to impose any other penalty authorized by law. Permits the court, in the case of a misdemeanor, to impose restitution in lieu of any other penalty authorized by law. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Mandates that a restitution order require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at related proceedings. Directs the court: (1) to order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender and shall direct the offender to give appropriate notice to victims and other persons in cases where there are multiple victims or other persons who may receive restitution and where the identity of such victims and other persons can be reasonably determined; and (2) such in-kind payments may be in the form of the return or replacement of property or the provision of services to the victim or another person or organization. Provides that when the court finds that: (1) more than one offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) more than one victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment in accordance with this section. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. Title IX: 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. 902) 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 appealability, any 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 applicant has made a substantial showing of the denial of a constitutional right. (Sec. 904) 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 applicant guilty of the underlying offense. (Sec. 905) Sets forth provisions regarding limitations on second or successive applications. (Sec. 907) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of an application for habeas corpus brought in a capital case not later than 180 days after the date on which the application 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 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. Requires the Administrative Office of United States Courts to submit to the Congress an annual report on the compliance by the courts of appeals with the time limitations under this section. (Sec. 908) Amends the Controlled Substances Act to allow the court, upon a finding that investigative, expert, or other services are reasonably necessary for the representation of a defendant in a criminal action in which a defendant is charged with a crime which may be punishable by death and in certain post-conviction proceedings, to authorize the defendant's attorneys to obtain such services on behalf of the defendant and order the payment of fees and expenses. Prohibits any ex parte proceeding, communication, or request (proceeding) from being considered unless a proper showing is made concerning the need for confidentiality. Requires that any such proceeding be transcribed and made a part of the record available for appellate review.
Bill· SS. 1441 (104th)open
United States · United States Congress · 30 November 1995
TABLE OF CONTENTS: Division A: Foreign Relations Authorization Act, Fiscal Years 1996-1999 Title I: Department of State and Related Agencies Chapter 1: Authorization of Appropriations Chapter 2: Authorities and Activities Chapter 3: Personnel Chapter 4: Consular and Related Activities Title II: United Nations Chapter 1: Funding; Budgetary and Management Reform Chapter 2: United Nations Peacekeeping Title III: Other International Organizations Chapter 1: Authorization of Appropriations Chapter 2: General Provisions Title IV: United States Informational, Educational, and Cultural Programs Chapter 1: Authorizations of Appropriations Chapter 2: USIA and Related Agencies Authorities and Activities Title V: United States Arms Control and Disarmament Agency and the Agency for International Development Title VI: Foreign Policy Division B: Consolidation and Reinvention of Foreign Affairs Agencies Title XI (sic): Organization of the Department of State and Foreign Service Title XII: United States Arms Control and Disarmament Agency Title XIII: United States Information Agency Title XIV: Agency for International Development and the International Development Cooperation Agency Title XV: Proposed Reorganization of the United Nations Title XVI: Plan for Reorganization of United States Export Promotion and Trade Activities Title XVII: Transition Provisions Foreign Relations Revitalization Act of 1995 - Division A: Foreign Relations Authorization Act, Fiscal Years 1996-1999 - Foreign Relations Authorization Act, Fiscal Years 1996-1999 - Title I: Department of State and Related Agencies - Chapter 1: Authorization of Appropriations - Authorizes appropriations for FY 1996 through 1999 for the administration of foreign affairs. (Sec. 111) Authorizes appropriations for FY 1996 through 1999 for: (1) offsetting adverse fluctuations in foreign currency exchange rates; and (2) migration and refugee assistance. Chapter 2: Authorities and Activities - Authorizes the Secretary of State to acquire by lease-purchase during FY 1996 through 1999 appropriate housing for Department of State personnel stationed abroad and other facilities, in locations in which the United States has a diplomatic mission. Requires the Secretary and the Director of the Office of Management and Budget to certify and notify the appropriate congressional committees that the lease-purchase arrangement will result in a net cost savings to the Federal Government when compared to a lease, a direct purchase, or direct construction of comparable property. (Sec. 122) Expresses the sense of the Congress that the Secretary of State should: (1) utilize property held by the United States in the vicinity of the Brandenburg Gate in Berlin, Germany, as the U.S. Embassy to Germany; and (2) be authorized to make necessary improvements. (Sec. 125) Amends the State Department Basic Authorities Act of 1956, with respect to the Secretary of State's authority to transfer to the Buying Power Maintenance account any unobligated funds used to offset adverse fluctuations in foreign currency exchange rates, to repeal the permanent requirement that such authority only be exercised to the extent and in such amounts as specifically provided for in advance in appropriations Acts. (Sec. 137 of this Act does require, nonetheless, that such authority be exercised only to the extent or in the amounts provided in appropriations Acts, without limiting this requirement to provision in advance in such Acts.) (Sec. 128) Authorizes the Secretary of State to charge a fee for use of the Department of State diplomatic reception rooms. (Sec. 129) Requires a contracting officer of a U.S. agency that performs functions at diplomatic posts abroad to avoid, to the maximum extent practicable, entering into contracts for procurement of property and services that can be procured for it under an existing contract of another U.S. agency performing such functions abroad. (Sec. 130) Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary of State to procure personal services in prosecuting a proceeding before an international tribunal or a claim by or against a foreign entity. (Sec. 131) Amends the Department of State and Related Agencies Appropriations Act, 1995 to limit funding to the Diplomatic Telecommunications Service (DTS). Requires the two agencies providing the greatest funding to the DTS Program Office (DTS-PO) to submit to the appropriate congressional committees a DTS-PO management plan and strategic plan with specified contents. (Sec. 133) Authorizes the Secretary of State to deposit international center maintenance and security reserve funds retained in interest bearing accounts. (Sec. 134) Authorizes certain joint funds under international agreements for cooperation in environmental, scientific, and cultural areas to be deposited in interest bearing accounts, such interest to be used for program and administrative purposes. (Sec. 135) Authorizes the Secretary of State to lease or acquire an office and residence in Pristina, Kosova, for use by U.S. diplomatic or consular personnel. (Sec. 136) Expresses the sense of the Congress that the United States should urge foreign countries to adopt certain antibribery principles set forth in the Foreign Corrupt Practices Act of 1977 in order to implement effective means of combating bribery of foreign public officials, including the imposition of administrative, civil, and criminal sanctions for such bribery. Directs the Secretary of State to conduct, and submit to specified congressional committees, a study to develop proposals to end the discrimination against U.S. exports that result from bribery and corruption in international business transactions. (Sec. 137) Requires that authorities contained in specified sections of this Act be exercised only to the extent or in the amounts provided in appropriations Acts. Chapter 3: Personnel - Establishes limits on the number of Foreign Service personnel (including noncareer limited appointments) in the Department of State, the U.S. Information Agency (USIA), and the Agency for International Development (AID). (Sec. 142) Amends Federal criminal law to subject to both criminal and civil penalties any person who serves in the position of chief of mission and who, within one year after termination from such position, engages in certain lobbying activities. (Sec. 143) Expresses the sense of the Congress that the Secretary of State should require the National Center for Humanities, Education, Languages, and Management Studies (the National Foreign Affairs Training Center, as redesignated) to increase the emphasis on commercial activity, export promotion, and trade in carrying out its core programs and should offer additional classes in such subjects. (Sec. 144) Authorizes the Secretary of State to establish a financial system by which the State Department is reimbursed by other Federal agencies that maintain an overseas presence for the incremental expenses incurred by the Department in providing administrative support to such agencies at U.S. posts abroad. Directs the President to establish an interagency committee consisting of representatives from Federal agencies maintaining a significant number of personnel overseas and headed by the Secretary of State to implement such system. Establishes a working capital fund. (Sec. 145) Amends the Foreign Service Act of 1980 to revise provisions relating to Foreign Service performance pay, meritorious and distinguished service awards, and expedited separation of low- ranking employees from the Service. Declares that one objective of the Act is to strengthen and improve the Service by establishing a consolidated and uniform administration of a single Foreign Service by the Director General of the Service, under the direction of the President and the Secretary of State. (Sec. 146) Excludes certain individuals who are not involved in the administration or formulation of personnel policies and programs of the State Department from specified prohibitions with respect to participation in the management of labor organizations by Foreign Service personnel, and vice versa. (Sec. 148) Amends Federal law to authorize the Secretary of State, under the State Department health care program, to collect from a third party payer the reasonable costs incurred by the Department on behalf of covered beneficiaries for health care services to the same extent that such a beneficiary would be eligible to receive indemnification from the third party payer for such costs. (Sec. 151) Amends the Foreign Service Act of 1980 to authorize the Secretary of State to provide training through the Foreign Service Institute to U.S. company employees and their families that are engaged in business abroad when such training is in the U.S. national interest. Authorizes the Secretary to provide on a reimbursable basis foreign language training programs to Members of Congress. (Sec. 152) Redesignates the National Foreign Affairs Training Center as the National Center for Humanities, Education, Languages, and Management Studies. Chapter 4: Consular and Related Activities - Authorizes the Secretary of State to establish a fee to be paid by each diversity immigrant issued a visa under the Immigration and Nationality Act. (Sec. 162) Amends Federal law to authorize the Secretary of State by regulation to authorize State Department officials or the U.S. Postal Service to retain fees for the execution and issuance of passports. (Sec. 163) Authorizes the Secretary of State to collect up to certain amounts for fees charged for processing machine readable nonimmigrant visas. (Sec. 166) Amends the Immigration and Nationality Act to exclude from admission into the United States any alien who: (1) is a member of a terrorist organization or who actively supports or advocates terrorist activity; (2) has advocated terrorism or has incited targeted racial vilification or has advocated the death or destruction of U.S. citizens, U.S. officials, or the overthrow of the U.S. Government; or (3) has confiscated, traffics in confiscated, or converts for personal gain confiscated, property which is owned by a U.S. national. (Sec. 168) Requires the U.S. Embassy in each country to report to the Secretary of State a list of those foreign nationals who have confiscated, converted, or trafficked in property the claim to which is held by a U.S. national and in which the confiscation claim has not been fully resolved. (Sec. 169) Permits the President of Taiwan to be admitted to the United States for a visit in 1995. (Sec. 170) Directs the Secretary of State to establish within each U.S. Embassy a Terrorist Lookout Committee. (Sec. 171) Expresses the sense of the Congress that the U.S. Government should not impose a border crossing fee along its borders with Canada and Mexico. Title II: United Nations - Chapter 1: Funding; Budgetary and Management Reform - Authorizes appropriations for FY 1996 through 1999 for the Department of State to carry out its foreign affairs responsibilities with respect to: (1) the United Nations, its affiliated agencies, and other international organizations; and (2) international peacekeeping activities. (Sec. 203) Expresses the sense of the Congress that the U.N. General Assembly should reformulate U.N. contributions by member nations to reflect each nation's share of the total world gross national product. (Sec. 204) Authorizes the President to withhold 20 percent of the funds appropriated for the U.S. assessed contribution to the United Nations if the United Nations has failed to implement consensus-based decisionmaking procedures on budgetary matters which assure that sufficient attention is paid to the views of the United States and other member states who are major financial contributors. (Sec. 205) Amends the United Nations Participation Act of 1945 to require specified percentages of funds made available for a fiscal year for U.S. assessed contributions for the U.N. budget and U.N. peacekeeping activities to be withheld from obligation unless the President certifies to the Congress that the United Nations has an independent office of Inspector General to conduct audits of U.N. programs, with an Inspector General duly appointed. Prohibits the United States from paying any voluntary contribution to the United Nations for international peacekeeping activities unless such certification has been made. (Sec. 206) Directs the President to withhold ten percent of the funds made available for U.S. assessed contributions for the U.N. budget until the Secretary of State certifies to the Congress that the United Nations has implemented certain whistleblower protection policies with respect to the reporting of fraud and mismanagement. Chapter 2: United Nations Peacekeeping - Amends the United Nations Participation Act of 1945 to require the President to notify designated congressional committees of any proposed U.N. peacekeeping activity or any other action under the Charter of the United Nations that would involve the use of U.S. Armed Forces or the expenditure of U.S. funds. (Sec. 214) Urges the U.S. Permanent Representative to the United Nations to make every effort to: (1) ensure that the United Nations completes a review and reassessment of each nation's assessed contributions for U.N. peacekeeping operations; and (2) advance, as part of the review, the concept that host governments in the region where such operations are carried out should bear a greater burden of its financial cost. Limits the U.S. assessed contribution for U.N. peacekeeping operations. (Sec. 215) Prohibits the obligation of funds to pay U.S. assessed or voluntary contributions for U.N. peacekeeping activities unless the Secretary of State certifies to designated congressional committees that U.S. manufacturers are being given opportunities to provide equipment and services equal to those given to foreign manufacturers. (Sec. 216) Prohibits the sharing of U.S. intelligence information with the United Nations unless the President certifies to appropriate congressional committees that certain requirements to protect such information have been implemented by the United Nations. (Sec. 217) Excludes from actions the United States may take to enforce U.N. sanctions against a foreign country any measure to prohibit assistance that promotes: (1) respect for human rights; (2) the exchange of certain informational materials; or (3) the development of democratic institutions. (Sec. 218) Prohibits funds for contributions to the United Nations Protection Force (UNPROFOR) unless the President certifies to the Congress that: (1) the Government of Bosnia and Herzegovina supports the continued presence of UNPROFOR within its territory; and (2) certain other conditions are met with respect to UNPROFOR. (Sec. 219) Expresses the sense of the Congress that the Executive Branch should cease obligating the United States to pay for international peacekeeping operations in excess of funds specifically appropriated for such purpose. Title III: Other International Organizations - Chapter 1: Authorization of Appropriations - Authorizes appropriations for FY 1996 through 1999 for the Department of State to carry out its foreign affairs responsibilities with respect to: (1) international conferences and contingencies; and (2) specified international commissions. Authorizes additional appropriations for FY 1996, conditioned on certain U.S. Government actions promoting attendance at the U.N. Fourth World Conference on Women in Beijing, China, by accredited nongovernmental organizations. (Sec. 304) Declares the sense of the Congress that the Secretary of State, in allocating the level of resources for international organizations, should pay particular attention to funding levels of the inter-American organizations. Chapter 2: General Provisions - Sets forth circumstances under which the United States may participate in an international criminal court. (Sec. 312) Prohibits the use of funds: (1) to pay the U.S. contribution to any international organization which engages in the direct or indirect promotion of the doctrine of one world government or one world citizenship; or (2) for the direct or indirect promotion of such doctrine. (Sec. 313) Prohibits the use of funds to pay U.S. membership in the International Labor Organization (ILO), the U.N. Industrial Development Organization (UNIDO), the Inter-American Indian Institute, the Pan American Railway Congress Association, or the Interparliamentary Union. (Sec. 314) Prohibits, until the President makes a certain certification to the Congress, the obligation of funds for: (1) reporting to the Human Rights Committee in accordance with the International Covenant on Civil and Political Rights; or (2) responding to any Committee's effort to use such Covenant to resolve claims by other Covenant parties that the United States is not fulfilling its obligations under it. States that such certification is that the Human Rights Committee has: (1) revoked its General Comment No. 24 adopted on November 2, 1994; and (2) expressly recognized the validity as a matter of international law of the reservations, understandings, and declarations contained in the U.S. instrument of ratification of the International Covenant. (Sec. 315) Requires the Secretary of State to report to specified congressional committees on U.S. participation in single-commodity international organizations. (Sec. 316) Prohibits the use of funds for any U.S. contribution to the International Natural Rubber Organization or the International Tropical Timber Organization. (Sec. 318) Directs the Comptroller General to study and report to the Congress on the cost-effectiveness and efficiency of the 51 organizations to which the United States makes contributions through the Department of State. (Sec. 319) Declares the sense of the Congress that the U.N. Fourth World Conference on Women in Beijing, China, should promote a representative American perspective on issues of equality, peace, and development, and in the event the United States sends a delegation to it, such delegation should use the voice and vote of the United States: (1) to ensure that the biological and social activity of motherhood is recognized as a valuable and worthwhile endeavor that should in no way be demeaned by society or by the state; (2) to ensure that the traditional family is upheld as the fundamental unit of society upon which healthy cultures are built and, therefore, receives esteem and protection by society and the state; and (3) to define or agree with any definitions that define gender as the biological classification of male and female, which are the two sexes of the human being. Title IV: United States Informational, Educational, and Cultural Programs - Chapter 1: Authorizations of Appropriations - Authorizes appropriations for FY 1996 through 1999 to carry out specified international information activities and educational and cultural exchange programs. (Sec. 402) Authorizes appropriations for FY 1996 through 1999 for the National Endowment for Democracy. Chapter 2: USIA and Related Agencies Authorities and Activities - Prohibits the use of funds by any Federal agency to participate in an international fair, pavilion, or other major exhibit at any international exposition or world's fair in excess of authorized amounts. (Sec. 412) Authorizes the Director of the United States Information Agency (USIA) to continue to administer an au pair program on a world-wide basis through FY 1999. (Sec. 413) Directs the Director of USIA to carry out a pilot program to determine the feasibility and advisability of permitting advertisements on USIA television and radio broadcasts. (Sec. 414) Authorizes the Director of USIA to make computer readable multilingual text and recorded speech in various languages available to the Linguistic Data Consortium of the University of Pennsylvania. (Sec. 415) Requires the Director of USIA to submit to the Congress a plan for the establishment and operation of Radio Free Asia. (Sec. 416) Amends the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 to expand the Edmund S. Muskie Fellowship Program (graduate law and business training program) to bring to the United States for study students from Albania, Bulgaria, Croatia, Czech Republic, Hungary, Poland, Romania, Slovenia, and the Former Yugoslav Republic of Macedonia. Adds to the selection criteria academic and leadership potential in the fields of journalism, library and information science, and public policy. (Sec. 417) Amends the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 to authorize the Director of USIA to enter into a contract for the construction of the Voice of America Tinian. Amends the United States Information and Educational Exchange Act of 1948 to extend through March 1, 1997, the authority permitting the second fiscal year of a two-year authorization for any account of the USIA to be appropriated to any other USIA account. (Sec. 418) Directs the Comptroller General to conduct a study on: (1) the purposes and activities of the North-South Center, East-West Center, Asia Foundation, and the National Endowment for Democracy, and on the extent to which such organizations' activities duplicate activities conducted elsewhere in the U.S. Government; and (2) the activities of the North-South Center located in Miami, Florida, that had the effect of encouraging the Congress to approve implementing legislation for the NAFTA. (Sec. 420) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to revise requirements for the Mansfield Fellowship Program to subject allowances and benefits to criteria established by the Mansfield Center for Pacific Affairs. (Sec. 421) Authorizes the Director of the U.S. Information Agency to make available for distribution within the United States the documentary "The Fragile Ring of Life," a film about coral reefs around the world. Title V: United States Arms Control and Disarmament Agency and the Agency for International Development - Authorizes appropriations for FY 1996 to carry out the Arms Control and Disarmament Act. (Sec. 502) Amends the Arms Control and Disarmament Act to declare that nothing in such Act shall be construed to authorize any Government action which would interfere with, restrict, or prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation, education, or training. (Sec. 503) Amends the Foreign Assistance Act of 1961 to authorize appropriations for FY 1996 and 1997 for operating expenses of: (1) the agency primarily responsible for administering development assistance under such Act; and (2) the office of the inspector general of such agency. Title VI: Foreign Policy - Repeals specified laws relating to certain interparliamentary groups. (Sec. 602) Amends Federal law to eliminate the three executive branch members of the Commission on Security and Cooperation in Europe (thus leaving Commission membership congressional only). (Sec. 603) Amends the Immigration and Nationality Act to revise the definition of "refugee" to provide that a person who has been forced to have an abortion or undergo involuntary sterilization, or who has been persecuted for refusing to do so, or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion. States that anyone with a well-founded fear that he or she will be forced to undergo such a procedure, or be subjected to persecution for such failure, refusal, or resistance, shall be deemed to have a well-founded fear of persecution on account of political opinion. (Sec. 604) Directs the Secretary of the Treasury to approve all applications for licenses under specified regulations to permit payments with respect to goods or services exported before a certain date, directly or indirectly to Iraq or Kuwait, or for the benefit of the Government of Iraq, notwithstanding the failure of such applications to satisfy the requirement that a letter of credit be issued or confirmed by a U.S. bank, or that the letter of credit reimbursement be confirmed by a U.S. bank. Requires issuance of such licenses within 30 days after enactment of this Act. (Sec. 605) Amends the United States-Hong Kong Policy Act of 1992 to extend from March 31, 1995, to March 31, 1996, the deadline for a required Secretary of State report to the Congress on conditions in Hong Kong of interest to the United States. Sets forth additional requirements with respect to such report. (Sec. 606) Amends the Taiwan Relations Act to supercede the Joint Communique of the United States and China of August 17, 1982, with respect to the Act's provision that the United States will make defense articles and defense services available to Taiwan in quantities necessary to enable Taiwan to maintain a sufficient self- defense capability. (Sec. 607) Renames the Taipei Economic and Cultural Representative Office the Taipei Representative Office. (Sec. 608) Requires the Secretary of State to report annually to the Chairman of the Committee on Foreign Relations and the Speaker of the House on conditions in Tibet and on the state of relations between the United States and those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives, and the Tibetan Government in exile. States the sense of the Congress that whenever an executive branch report is transmitted to the Congress on a country-by-country basis, such report should include, where applicable, a separate report on Tibet listed alphabetically with its own state heading. (Sec. 609) Special Envoy for Tibet Act of 1995 - Establishes within the Department of State a U.S. Special Envoy for Tibet, appointed by the President, by and with the advice and consent of the Senate. Sets forth the duties of such Envoy, including: (1) to promote negotiations between the Dalai Lama and senior members of the Government of China; (2) coordinate U.S. Government policies, programs, and projects concerning Tibet; and (3) consult with the Congress on policies relevant to Tibet and the future and welfare of all Tibetan people. (Sec. 610) Prohibits the use of funds for resettlement in the United States, or to provide education, medical examinations, training, screening, or otherwise facilitate the admission into the United States of Iraqi nationals seeking refugee status who are in Saudi Arabia or Turkey as of enactment of this Act. (Sec. 611) Expresses the sense of the Congress that the President should appoint a special envoy to: (1) offer assistance in facilitating a negotiated settlement to the conflict in Nagorno- Karabakh; and (2) press for the development of an oil pipeline through Azerbaijan, Armenia, and Turkey. (Sec. 612) Directs the President to report to the appropriate congressional committees on Cuba's methods for enforcing the U.S.-Cuba agreement of September 1994 to restrict Cuban emigration to the United States, and the treatment by the Cuban Government of persons who have been returned to Cuba pursuant to the U.S.-Cuba agreement of May 1995. (Sec. 613) Directs the President to outline to the Congress a U.S. plan to identify and respond to the threat of emerging infectious diseases to the health of the U.S. people. (Sec. 614) Requires the Under Secretary of State for International Security to report to the Congress on: (1) firms engaged in the export of dual-use items; and (2) measures to be taken to strengthen U.S. export-control mechanisms with respect to such items. (Sec. 615) Prohibits the United States from transferring certain arms to Indonesia until the Secretary of State reports to specified congressional committees that significant progress has been made on human rights in East Timor and elsewhere in Indonesia. (Sec. 616) Middle East Peace Facilitation Act of 1995 - Declares the sense of the Congress specifying additional steps the PLO must take to demonstrate an irrevocable denunciation of terrorism and ensure a peaceful settlement of the Middle East dispute. Authorizes the President to suspend specified provisions of law which prohibit foreign and U.N. assistance to the PLO, the receipt or expenditure of PLO funds, and PLO membership in the International Monetary Fund, upon certification to specified congressional committees that: (1) such waiver is in the national interest; (2) the PLO continues to comply with all commitments made in letters to Israel and the Foreign Minister of Norway and under the Declaration of Principles signed in September 1993; and (3) specified funds provided under this Act and other Acts have been used for the purposes for which they were intended. Makes such suspensions effective for up to six months. Specifies additional certifications necessary before U.S. assistance may be provided. Directs the President to ensure continuous monitoring of PLO performance, and to inform the appropriate congressional committees if such performance is not complying with the requirements of this Act. Division B: Consolidation and Reinvention of Foreign Affairs Agencies - Foreign Affairs Reinvention Act of 1995 - Specifies the purposes of this division to include to: (1) consolidate and reinvent U.S. foreign affairs agencies within the Department of State; and (2) assist congressional efforts to balance the Federal budget by 2002. Title XI (sic): Organization of the Department of State and Foreign Service - Amends the State Department Basic Authorities of 1956 to make the Secretary of State: (1) the principle foreign policy adviser to the President; (2) responsible for the overall direction, coordination, and supervision of U.S. foreign relations and for the interdepartmental activities of the U.S. Government abroad. Revises the organization of the Department of State, eliminating and creating specified official positions. (Sec. 1108) Limits the number of Department of State employees for FY 1996 through 1998. (Sec. 1109) Directs the Secretary of State to develop a worldwide plan for the consolidation of U.S. missions and consular posts abroad. (Sec. 1110) Amends the Foreign Service Act of 1980 to require the head of each department, agency, or entity in the executive branch to ensure, in coordination with the Secretary of State, that the approval of the chief of mission to a foreign country is sought on any proposed change in the size, composition, or mandate of employees performing duties in that country (excluding those under the command of a U.S. area military commander). Authorizes the Secretary of State, in his or her sole discretion, to accord diplomatic titles, privileges, and immunities to such employees. Directs the President to report to specified congressional committees on the procedures contained in National Security Decision Directive Number 38, as in effect on June 2, 1982, and the practices in their implementation, to determine their effectiveness in significantly enhancing the coordination among the several departments, agencies, and entities of the executive branch represented in foreign countries. (Sec. 1111) Directs the President to report to the Congress on the advisability and desirability of integrating the U.S. and Foreign Commercial Service and the Foreign Agricultural Service into the Foreign Service. Title XII: United States Arms Control and Disarmament Agency - Amends the Arms Control and Disarmament Act to abolish the U.S. Arms Control and Disarmament Agency. (Sec. 1203) Makes conforming amendments with respect to the transfer of specified authorities to the Department of State and the Secretary of State, respectively. Title XIII: United States Information Agency - Abolishes the U.S. Information Agency (USIA). (Sec. 1304) Amends the United States Information and Educational Exchange Act of 1948 and other specified Federal law to make conforming amendments with respect to the transfer of specified authorities to the Department of State and the Secretary of State, respectively. Title XIV: Agency for International Development and the International Development Cooperation Agency - Abolishes the Agency for International Development and the International Development Cooperation Agency (except components expressly established by statute or reorganization plan). (Sec. 1402) Amends the Foreign Assistance Act of 1961 and other specified Federal law to make conforming amendments with respect to the transfer of such agencies' functions to the Department of State and the Secretary of State, respectively. Title XV: Proposed Reorganization of the United Nations - Declares the sense of the Congress that the United States lead a comprehensive review of the United Nations to identify reforms to the U.N. system that will produce a smaller, more focused, more efficient United Nations with clearly defined missions are in the interest of the United States and of the United Nations. (Sec. 1502) Directs the President to submit to the Congress a plan recommending a strategic reorganization of the United Nations, including consolidation, abolition, or restructuring of its programs, funds, and organizations, including among other components: (1) consolidation of U.N. technical cooperation activities between U.N. Headquarters and the U.N. office in Geneva, Switzerland, to create a unified agency for technical cooperation for sustainable development with a microenterprise lending capacity merging the functions of specified current U.N. programs and funds; and (2) the consolidation of the U.N. emergency response mechanism by merging other specified functions. Title XVI: Plan for Reorganization of United States Export Promotion and Trade Activities - Directs the President to report to specified congressional committees on what steps are being taken to improve access, coordination, and efficiency among trade promotion organizations and U.S. agencies. Title XVII: Transition Provisions - Sets forth transition administrative provisions regarding: (1) the Secretary of State's reorganization authorities; (2) the transfer of personnel; (3) the submission of reorganization plans for the abolished agencies; (4) congressional consideration of such plans; (5) the establishment of, and authorization of appropriations for, the Foreign Affairs Reorganization Transition Fund; (6) voluntary separation incentives; (7) rights of employees of abolished agencies; (8) transfer and allocation of appropriations and personnel; and (9) a report to the Congress detailing a final accounting of the finances and operations of the abolished agencies.
Bill· HRH.R. 2686 (104th)referred
United States · United States Congress · 29 November 1995
Amends the Federal criminal code to revise the ban against representing, aiding, or advising foreign entities on any person who has been the U.S. Trade Representative to extend the ban: (1) from three years after leaving the position to any time after leaving the position; and (2) to the Deputy U.S. Trade Representative, the Secretary of Commerce, and any Commissioner of the International Trade Commission. (Sec. 1) Amends the Trade Act of 1974 to prohibit appointment as U.S. Trade Representative, Deputy U.S. Trade Representative, the Secretary of Commerce, or Commissioner of the International Trade Commission of any person who has represented, aided, or advised a foreign entity in any trade negotiation or trade dispute with the United States. (Sec. 2) Amends the Federal criminal code to revise the post-Federal employment ban relating to foreign entities on certain senior and very senior personnel (including the Vice President) of the executive branch and independent agencies, and on members of Congress and officers and employees of the legislative branch. Applies the same ban to the President. Makes such ban permanent with respect to knowingly acting as an agent or attorney for or otherwise representing or advising, for compensation, a foreign government or foreign political party, if the representation or advice relates directly to a matter in which the United States is a party or has a direct and substantial interest. Sets a five-year ban on knowingly acting, for compensation, as an agent or attorney for or otherwise representing or advising in such a matter: (1) any person outside of the United States, unless such person is an individual U.S. citizen domiciled within the United States, or an organization created by Federal or State law with a principal place of business within the United States; or (2) any partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country. (Sec. 3) Amends the Foreign Agents Registration Act of 1938 to: (1) rename it the Foreign Interests Representation Act; (2) change "agent of a foreign principal" to "representative of a foreign principal"; and (3) cover as such a representative any person who engages in political activities for purposes of furthering commercial, industrial, or financial operations with a foreign principal. Declares that a foreign principal controls a person in major part if the foreign principal holds: (1) more than 50 percent equitable ownership in such person; or (2) (subject to rebuttal evidence) between 20 percent and 50 percent equitable ownership in such person. Excludes from the meaning of "representative of a foreign principal": (1) U.S.-organized news or press services or associations and newspapers and periodicals whose officers, directors, and at least 80 percent of whose beneficial owners are U.S. citizens, and which are not owned or financed by any representative of a foreign principal required to register under such Act; or (2) any U.S.-organized incorporated, nonprofit membership organization that is a registered lobbying organization whose activities are directly supervised or subsidized in whole by U.S. citizens. Repeals the exemption from the registration requirements of such Act for persons, or their employees, whose foreign principal is the government of a foreign country whose defense is presidentially deemed vital to defense of the United States. Revises the exemption from such registration requirements for lawyers engaged in legal representation of a disclosed foreign principal before any Federal agency to limit such exemption to legal representation before the Patent and Trademark Office. Sets forth civil penalties for failure to file required registration statements, or for false statements, or omission of material facts from such statements. (Sec. 4) Amends the Federal criminal code to set forth misdemeanor penalties for misappropriation of any person's name in connection with a lobbying contact about any legislation before the Congress or nomination pending before the Senate. (Sec. 5) Directs the Clerk of the House of Representatives and the Secretary of the Senate to establish a joint registry to record visits by registered lobbyists to Members of the House and Senators. Requires lobbyists to record each such visit in the registry, including date and subject.
Bill· SS. 1430 (104th)referred
United States · United States Congress · 28 November 1995
Authorizes the Secretary of the Air Force to convey to the Belle Fourche School District, South Dakota, all rights and interest to the former radar bomb scoring site in Belle Fourche. Requires such property to be used for education, economic development, and housing purposes.
Bill· HRH.R. 2680 (104th)open
United States · United States Congress · 28 November 1995
Authorizes the Secretary of the Air Force to convey to the Belle Fourche School District, South Dakota, all rights and interest to the former radar bomb scoring site in Belle Fourche. Requires such property to be used for education, economic development, and housing purposes.
Bill· HRH.R. 2664 (104th)open
United States · United States Congress · 18 November 1995
Amends Federal armed forces provisions to provide that: (1) the special rule concerning annual cost-of-living adjustments to retired military pay for individuals who first became members of a uniformed service before August 1, 1986, shall apply only through FY 1996 (currently, FY 1998); and (2) the initial month that such increase is payable shall be March (currently, September) of the year following the effective date of such increase.
Bill· HRH.R. 2666 (104th)referred
United States · United States Congress · 18 November 1995
TABLE OF CONTENTS: Title I: Export and Investment Assistance Title II: Bilateral Economic Assistance Title III: Military Assistance Title IV: Multilateral Economic Assistance Title V: General Provisions Title VI: Middle East Peace Facilitation Act of 1995 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 - Title I: Export and Investment Assistance - Makes appropriations for FY 1996 for: (1) direct loans, loan guarantees, tied-aid grants, insurance, and administrative expenses under Export-Import Bank programs; (2) Overseas Private Investment Corporation direct and guaranteed loans and administrative expenses; and (3) the Trade and Development Agency. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1996 for the U.S. contribution to: (1) the Agency for International Development (AID) for child survival and disease programs, specified development assistance (including for the Inter-American Foundation and development assistance for Sub-Saharan Africa), specified projects aimed at reunification of Cyprus, democracy and humanitarian activities in Burma, private and voluntary cooperative development organizations obtaining less than 20 percent of their funding for international activities from sources other than the U.S. Government, international disaster relief, emergency humanitarian assistance to the former Yugoslavia, debt restructuring, direct loans and loan guarantees for micro and small enterprise development programs, administrative expenses of the worldwide housing guarantees program, the Foreign Service Retirement and Disability Fund, operating expenses of AID and the AID Office of Inspector General, economic support fund (ESF) assistance, the International Fund for Ireland, economic assistance for Eastern Europe and the Baltic States, and assistance for the independent states of the former Soviet Union (including the establishment of a Trans-Caucasus Enterprise fund); (2) the Peace Corps (but with a prohibition on the use of such funds for abortions); (3) international narcotics control; (4) migration and refugee assistance, including refugee resettlement assistance; (5) the Emergency Refugee and Migration Assistance Fund; (6) antiterrorism assistance; and (7) the Nonproliferation and Disarmament Fund. Bars the use of development assistance funds for: (1) abortions or involuntary sterilizations; and (2) U.S. private and voluntary organizations, except those which obtain less than 20 percent of annual funding for international activities from sources other than the U.S. Government. Permits humanitarian assistance to the Government of Azerbaijan, if the President determines that nongovernmental assistance is not adequate to address the suffering of refugees and internally displaced persons. Title III: Military Assistance - Makes appropriations for FY 1996 for: (1) international military education and training, but bars such assistance to Zaire and Guatemala and allows funding to Indonesia only for expanded military education and training; (2) foreign military financing and direct loans; and (3) international peacekeeping operations. Prohibits foreign military financing for: (1) any non-NATO country participating in the Partnership for Peace Program except through the regular notification procedures of the Committees on Appropriations; and (2) Zaire, Sudan, Peru, Liberia, and Guatemala. Prohibits such assistance to Colombia or Bolivia until the Secretary of State certifies that such funds will be used primarily for counternarcotics activities there. Title IV: Multilateral Economic Assistance - Makes appropriations for FY 1996 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank); (2) International Development Association; (3) International Financial Corporation; (4)Inter-American Development Bank; (5) Enterprise for the Americas Multilateral Investment Fund; (6) Asian Development Bank; (7) Asian Development Fund; (8) European Bank for Reconstruction and Development; and (8) North American Development Bank. Makes appropriations for FY 1996 for international programs and organizations. Limits certain callable subscriptions. Sets certain restrictions on international organization funding, including prohibiting the use of funds made available to the United Nations Population Fund (UNFPA) for activities in China. Prohibits foreign assistance funds to the Korean Peninsula Energy Development Organization (KEDO) unless the President makes a certain certification to the Committees on Appropriations. Title V: General Provisions - Sets forth limits on the use of appropriations, including no more than: (1) 15 percent of such appropriations shall be obligated during the last month of availability; (2) $126,500 for official residence expenses of AID; (3) $5,000 for entertainment expenses of AID; (4) $95,000 for representation allowances for AID; (5) $2,000 for entertainment and representation allowances for the Inter-American Foundation; or (6) $4,000 for entertainment expenses for the Peace Corps. (Sec. 502) Prohibits the use of funds for: (1) bilateral funding of international financial institutions; (2) the export of nuclear equipment, fuel, or technology; (3) direct assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Serbia, Sudan, or Syria; (4) assistance to any country whose elected head of government is deposed by military coup; (5) certain transfers between appropriations accounts without consultation with Congress; (6) assistance to any country in default in excess of a year on payments on a U.S. loan (except for Nicaragua and narcotics-related assistance for Colombia, Bolivia, and Peru); and (7) assistance for certain commodities which are in surplus on world markets and could injure U.S. producers of a similar commodity, with specified exceptions. (Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity. (Sec. 516) Prohibits the use of international organization funds for the Palestine Liberation Organization (PLO), Libya, Iran, or certain Communist countries. (Sec. 517) Declares it is U.S. policy that funds allocated to Israel from the ESF shall not be less than the annual debt repayment from Israel to the United States. (Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations. (Sec. 518A) Bars the use of funds for population assistance activities for any foreign private, nongovernmental, or multilateral organization until such organization certifies that it will not perform abortions in any foreign country, except where the mother's life would be endangered if the fetus were carried to term or in cases of forcible rape or incest. Bars the use of funds for the United Nations Population Fund (UNFPA) unless the President certifies to the appropriate congressional committees that: (1) the UNFPA will terminate all family planning activities in China no later than March 1996; or (2) during the twelve months preceding such certification, there have been no abortions as a result of coercion associated with the family planning policies of the national government or other governmental entities within China. (Sec. 519) Requires the President to report to the Committees on Appropriations on annual arms sales proposals covering major weapons under the Arms Export Control Act. (Sec. 520) Prohibits the use of funds for Colombia, the Dominican Republic, Guatemala, Haiti, Indonesia, Liberia, Nicaragua, Peru, Russia, Sudan, or Zaire, except through the regular notification procedures of the Committees on Appropriations. (Sec. 522) Makes funds available to AID for family planning, health, child survival, and AIDS research and control in developing countries. (Sec. 523) Bars funding for indirect assistance to Cuba, Iraq, Libya, Iran, Syria, North Korea, or China unless the President certifies that the withholding of such funds is contrary to the national interest. (Sec. 524) Amends the Arms Export Control Act to extend the President's waiver authority with respect to reciprocal leasing through FY 1996. (Sec. 525) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries. (Sec. 527) Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each international financial institution, and the Administrator of the Agency for International Development to instruct the U.S. Executive Director of the International Fund for Agriculture Development, to oppose any bilateral assistance to any country that supports terrorism. (Sec. 528) Authorizes the commercial leasing of defense articles to Israel, Egypt, NATO, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons. (Sec. 529) Prohibits the sale of Stinger missiles to any country bordering the Persian Gulf. (Sec. 530) Authorizes nongovernmental organizations which are grantees or contractors of AID to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in economic activities under the Foreign Assistance Act of 1961, including endowments and debt-for-development and debt-for- nature exchanges. (Sec. 531B) Amends the Foreign Assistance Act of 1961 to make funds available for FY 1996 and FY 1997 for defense article stockpiles in the Republic of Korea and Thailand. (Sec. 532) Directs the Administrator of the AID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities. (Sec. 533) Prohibits payments to any international financial institution while the U.S. Executive Director to the institution is compensated at a rate in excess of that for a specified position under the Executive Schedule. (Sec. 534) Bars assistance to any country that is not in compliance with the United Nations sanctions against Iraq, Serbia, or Montenegro unless the President certifies to the Congress that such assistance: (1) is in the national interest; (2) will directly benefit the needy people in that country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. Authorizes the President to prohibit the importation into the United States of any product of a foreign country that has not prohibited the importation of Iraq's, Serbia's, or Montenegro's products into its customs territory and the export of its products to such countries. (Sec. 535) Authorizes the drawdown of defense articles, services, and training to Vietnam, Cambodia, and Laos to assist in efforts to locate members of the armed forces and U.S. civilians who remain unaccounted for from the Vietnam War. (Sec. 537) Requires the Committees on Appropriations to be notified of each country that has been approved for cash flow financing for the procurement of defense articles in excess of $100 million. (Sec. 538) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act. Directs an agency to report to the Committees on Appropriations whenever it is conducting or proposing activities in a country for which such assistance is prohibited. (Sec. 539) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for developing in a foreign country an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the area, unless the President certifies that such assistance is not likely to cause a loss of U.S. jobs; or (3) assistance for any project that contributes to the violation of internationally recognized workers rights in such country. (Sec. 540) Authorizes the President, pursuant to a lifting of the United Nations arms embargo against Bosnia-Herzegovina, to transfer defense articles to such country's government without reimbursement if he certifies to the Congress that the transfer of such articles would assist that nation in self-defense and promote the security and stability of the region. (Sec. 541) Declares that funds appropriated under this Act for Haiti, Afghanistan, Lebanon, and Cambodia, and for victims of war, displaced children, displaced Burmese, humanitarian assistance for Romania, and humanitarian assistance for the peoples of Bosnia-Herzegovina, Croatia, and Kosova, may be made available notwithstanding any other provision of law. Directs the President to terminate assistance to any country that the President determines is cooperating with the military activities of the Khmer Rouge. Authorizes the use of foreign assistance funds to support: (1) tropical forestry and energy programs aimed at reducing emissions of greenhouse gases; and (2) biodiversity conservation activities. Authorizes AID to employ personal services contractors to administer programs for the West Bank and Gaza. (Sec. 542) Expresses the sense of the Congress with respect to steps the President should take to encourage renunciation of the Arab boycott of Israel. (Sec. 543) Authorizes the use of ESF funds to strengthen the administration of justice in countries in Latin America and the Caribbean. (Sec. 544) Declares that restrictions on assistance to foreign countries contained in this Act or any other Act shall not be construed to restrict assistance in support of programs of nongovernmental organizations as long as it is in the national interest of the United States. (Sec. 546) Authorizes for FY 1996 the provision of nonlethal excess defense articles, without regard to certain restrictions, to countries for which U.S. foreign assistance has been requested and for which receipt of such articles was separately justified for the fiscal year. (Sec. 547) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. (Sec. 548) Sets forth Buy American requirements. (Sec. 549) Prohibits the use of funds to pay any assessments, arrearages, or dues of any U.N. member. (Sec. 551) Prohibits the provision of funds to a private voluntary organization that fails to provide any document, file, or record necessary to the auditing requirements of AID. (Sec. 552) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country that the Secretary of State has determined has a terrorist government, unless the President determines that the furnishing of such assistance is in the national interest. (Sec. 553) Withholds assistance to a foreign country in an amount equal to 110 percent of the total unpaid parking fines and penalties owed by the country to the District of Columbia. (Sec. 554) Prohibits the obligation of any appropriations for the PLO for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO. (Sec. 556) Permits the President to provide a specified amount of commodities and services to the U.N. War Crimes Tribunal if doing so will contribute to a resolution of charges regarding genocide or other violations of international law in the former Yugoslavia. (Sec. 557) Authorizes the use of funds made available to DOD for crating, packing, handling, and transportation of nonlethal excess defense articles transferred to countries eligible to participate in the Partnership for Peace and to receive assistance under the Program of Support for East European Democracy (SEED). (Sec. 558) Authorizes demining equipment used in support of the clearing of landmines for humanitarian purposes to be disposed of on a grant basis in foreign countries. (Sec. 559) Amends provisions of the Foreign Assistance Act of 1961, with respect to nuclear non-proliferation conditions on assistance to Pakistan, to prohibit military assistance equipment or technology to be furnished to Pakistan unless there is certification that Pakistan does not possess a nuclear explosive device, except for any assistance or transfer provided for: (1) international narcotics control; (2) facilitating military-to-military contact, humanitarian, and civic projects; (3) peacekeeping and other multilateral operations, except for lethal military equipment provided on a lease or loan basis only; and (4) antiterrorism assistance or any provision of law available for antiterrorism assistance. Maintains restrictions on contracts for the delivery of F-16 aircraft to Pakistan. Allows military equipment, technology, and defense services, except for F-16 aircraft, to be transferred to Pakistan with respect to contracts entered into before October 1, 1990. (Sec. 560) Prohibits the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles. (Sec. 561) Prohibits certain funds appropriated for Informational Program activities from being obligated to pay for: (1) alcoholic beverages; (2) food (other than food provided at a military installation) not provided in conjunction with Program trips where students do not stay at a military installation; or (3) entertainment expenses. (Sec. 562) Prohibits the use of funds for assistance in support of any country that restricts transport or delivery of U.S. humanitarian assistance, except in the national security interest of the United States. (Sec. 563) Directs the President to withhold funds made available under this Act equal to the sum of assistance and credits, if any, provided by a foreign, country, or any entity in that country, in support of the completion of the Cuban nuclear facility at Juragua, near Cienfuegos, Cuba, with specified exceptions. (Sec. 564) Bars funding to Haiti if the Government of Haiti is controlled by a regime holding power through means other than the democratic elections to be held in 1995. (Sec. 566) Limits ESF assistance to Turkey. (Sec. 566A) Limits the use of funds for the North American Development Bank only for purposes set out in the binational agreement establishing the bank. (Sec. 567) Bars the use of funds for International Narcotics Control or Crop Substitution in Burma. (Sec. 568) Authorizes the Secretary of the Treasury to subscribe to an increase in the authorized capital stock of the Asian Development Bank (the fourth general capital increase). Authorizes appropriations. (Sec. 569) Authorizes appropriations for the International Development Association (the tenth replenishment). (Sec. 570) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; or (2) credits extended or guarantees issued under the Arms Export Control Act. Permits such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries with heavy debt burdens that are eligible to borrow from the International Development Association, but not from the International Bank for Reconstruction and Development (IDA-only countries). Prescribes additional conditions for the exercise of such authority. (Sec. 572) Authorizes the President to direct the drawdown for Jordan of defense articles and services from DOD, and military education and training up to a specified dollar amount provided certain conditions are met. (Sec. 576) Amends the United States-Hong Kong Policy Act of 1992 to require that an additional report be made in 1996 respecting conditions in Hong Kong of interest to the United States and directs that such report include detailed information on the status of, and other developments affecting, implementation of the Sino-British Joint Declaration on the Question of Hong Kong, including the: (1) Basic Law and its consistency with the Joint Declaration; (2) openness and fairness of elections to the legislature; (3) openness and fairness of election of the chief executive and the executive's accountability to the legislature; (4) treatment of political parties; (5) independence of the judiciary and its ability to exercise the power of final judgement over Hong Kong; (6) Bill of Rights. (Sec. 579) Amends the Import-Export Bank Act of 1945 to extend funding for the Tied-Aid Credit Program through FY 1997. Authorizes appropriations to the Tied-Aid Credit Fund for FY 1996 and 1997. (Sec. 581) Amends the Eisenhower Exchange Fellowship Act of 1990 to extend the Au Pair Program. (Sec. 583) Bars assistance to Haiti until the President reports to the Congress that: (1) the Haitian Government is conducting thorough investigations of extrajudicial and political killings; and (2) the Government is cooperating with the United States authorities in the investigations of such killings. Excludes from the limitation provision of humanitarian or electoral assistance. Permits the President to waive the requirements of the limitation if he determines and certifies to the appropriate congressional committees that the waiver is: (1) in the national interest; or (2) necessary to assure the safe and timely withdrawal of American forces from Haiti. (Sec. 584) Prescribes that funding for activities in the internationally-recognized borders of Bosnia and Herzegovina, other than refugee and disaster assistance and assistance for the restoration of infrastructure, including power grids, water supplies and natural gas, be limited only to activities in the territory of the Bosniac-Croat Federation. (Sec. 585) Amends the NATO Participation Act of 1994 to authorize the President to: (1) evaluate the degree to which any country emerging from communist domination which has expressed interest in joining NATO meets the specified criteria; and (2) to designate one or more of these countries as eligible to receive assistance under the program to facilitate an eligible country's transition to NATO membership. Permits the President at any time to designate other such European countries for assistance under the program and, at the time of designation, to determine and report to the House Committees on International Relations and Appropriations and the Senate Committees on Foreign Relations and Appropriations that each country so designated meets the criteria. Title VI: Middle East Peace Facilitation Act of 1995 - Middle East Peace Facilitation Act of 1995 - Declares the sense of the Congress specifying additional steps the PLO must take to demonstrate an irrevocable denunciation of terrorism and ensure a peaceful settlement of the Middle East dispute. (Sec. 604) Authorizes the President to suspend specified provisions of law which prohibit the U.S. share of foreign and United Nations assistance to the PLO, the receipt or expenditure of PLO funds, and PLO membership in the International Monetary Fund, upon certification to specified congressional committees that: (1) such waiver is in the national interest; (2) the PLO continues to abide by commitments made in letters to Israel and the Foreign Minister of Norway and under the Declaration of Principles signed in September 1993; and (3) specified funds provided under this Act and other Acts have been used for the purposes for which they were intended. Makes such suspensions effective for up to six months.
Bill· HJRESH.J.Res. 126 (104th)referred
United States · United States Congress · 18 November 1995
TABLE OF CONTENTS: Title I: Continuing Appropriations Title II: Waiver of Requirement for Parchment Printing Title III: Commitment to a Seven-Year Balanced Budget Title I: Continuing Appropriations - Makes appropriations for FY 1996 to continue authorities under the following Acts: (1) the Departments of Commerce, Justice, the Judiciary, and Related Agencies Appropriations Act, 1996; (2) the Department of Defense Appropriations Act, 1996; (3) the District of Columbia Appropriations Act, 1996; (4) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996; (5) the Department of the Interior and Related Agencies Appropriations Act, 1996; (6) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996; (7) the Legislative Branch Appropriations Act, 1996; (8) the Department of Transportation Appropriations Act, 1996; (9) the Treasury, Postal Service, and General Government Appropriations Act, 1996; and (10) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996. Sets forth exceptions, limitations, and conditions with respect to such appropriations. Title II: Waiver of Requirement for Parchment Printing - Waives the parchment printing requirement. Defines terms used in this bill. Title III: Commitment to a Seven-Year Balanced Budget - States that the goal of budget negotiations is to enact a budget agreement that balances the budget in seven years or in a time frame agreed to by the negotiators.
Bill· HRH.R. 2663 (104th)referred
United States · United States Congress · 17 November 1995
Waives certain time limitations with respect to the award of the Congressional Medal of Honor to Alfred Rascon for acts of heroism while serving in the Army during the Vietnam era.
Resolution· SRESS.Res. 195 (104th)referred
United States · United States Congress · 16 November 1995
Honors Frederick C. Branch on the 50th anniversary of his becoming the first African American commissioned officer in the United States Marine Corps.
Bill· HRH.R. 2652 (104th)open
United States · United States Congress · 16 November 1995
Repeals a Federal law authorizing the Secretary of the Army to operate the military education and training facility known as the U.S. Army School of the Americas. Authorizes the Secretary to operate the United States Academy for Democracy and Civil-Military Relations (Academy). Requires instruction at the Academy to be provided to civilian and military personnel of Latin American and Caribbean countries through seminars, roundtable discussions, conferences, and a guest instructor program. Directs the Secretary to conduct a thorough screening of potential instructors and students at the Academy for commitment to and respect for democracy and human rights. Requires the Secretary to establish an advisory committee to provide advice on establishing and operating the Academy, as well as the content of its curriculum. Provides Academy funding. States that this Act does not affect the authority to conduct countermine programs at Fort Benning, Georgia, at the School of the Americas in response to a request from the Organization of American States. Directs the Secretary to report to the Congress on Academy achievements after two years of operation. Expresses the sense of the Congress that resources made available to operate the Academy should be commensurate with the total resources that were dedicated to the School of the Americas in FY 1996.
Resolution· HRESH.Res. 273 (104th)passed
United States · United States Congress · 16 November 1995
Sets forth the modified closed rule for the consideration of H.R. 2606 (prohibition on the use of Department of Defense appropriations for the deployment of U.S. armed forces in Bosnia and Herzegovina).
Resolution· HRESH.Res. 271 (104th)passed
United States · United States Congress · 16 November 1995
Waives points of order against the consideration of the conference report on H.R. 2126 (Department of Defense appropriations).
Bill· SS. 1414 (104th)referred
United States · United States Congress · 15 November 1995
Provides that in any case during FY 1996 in which appropriations are not otherwise available for the payment of veterans' benefits, the Secretary of Veterans Affairs shall nevertheless ensure that such payments are made in accordance with regular procedures and schedules. Appropriates necessary amounts for such purpose. Requires applicable accounts to be charged for such payments when regular appropriations become available for such purpose. Requires such payments to be made also in any case during such fiscal year in which certain functions of the Government are delayed, deferred, or canceled due to a limitation on the Government's ability to borrow funds.