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Motion· Antrag13/4581enacted
Germany · German Bundestag · 8 May 1996
Entwicklung einer umfassenden euromediterranen Partnerschaft, Ziele: Einbindung der Staaten des ehemaligen Jugoslawien sowie Libyens, Demokratie und Respektierung der Menschenrechte, Verringerung des Wohlstandsgefälles, Umweltschutz, insbesondere Schutz der Wasserressourcen; Vorlage eines Berichts der Bundesregierung bis Ende Januar 1997, Schwerpunkte u.a. Schutz der Frauen und ihrer Rechte, Stand der Wirtschaftsreformen, Armutsbekämpfung, Bevölkerungswachstum und Migration, Rüstungskontrollvereinbarungen und Rüstungsexportkontrolle in den Staaten am Südrand des Mittelmeeres
Record· CJCELEX 61993CJ0308decided
European Union · Court of Justice of the European Union · 30 April 1996
Question· Kleine Anfrage13/4505open
Germany · German Bundestag · 29 April 1996
Anzahl der zwischen 1993 und 1995 tot aufgefundenen Flüchtlinge, Todesumstände
Bill· HRH.R. 3323 (104th)referred
United States · United States Congress · 25 April 1996
Proud To Be an American Citizen Act of 1996 - Amends the Immigration and Nationality Act with respect to: (1) the naturalization oath; (2) naturalization funding; (3) English language and related requirements; (4) citizenship preparation; (5) distribution of naturalization information; (6) citizenship council consultation; (7) naturalization applications and examinations; (8) statistics; and (9) naturalization through military service. Establishes the National Advisory Board on Naturalization. Directs the Attorney General to make funds available for demonstration projects to administer the oath of allegiance to applicant groups on a business day around July 4.
Bill· SS. 1698 (104th)open
United States · United States Congress · 24 April 1996
TABLE OF CONTENTS: Title I: Health Care Access, Portability, and Renewability Subtitle A: Group Market Rules Subtitle B: Individual Market Rules Subtitle C: COBRA Clarifications Subtitle D: Private Health Plan Purchasing Cooperatives Title II: Application and Enforcement of Standards Title III: Miscellaneous Provisions Title IV: Tax-Related Health Provisions Subtitle A: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals Subtitle B: Long-Term Care Provisions Subtitle C: High-Risk Pools Subtitle D: Penalty-Free IRA Distributions Subtitle E: Revenue Offsets Title V: Health Care Fraud and Abuse Prevention Subtitle A: Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Data Collection and Miscellaneous Provisions Subtitle D: Civil Monetary Penalties Subtitle E: Amendments to Criminal Law Title VI: Internal Revenue Code and Other Provisions Subtitle A: Foreign Trust Tax Compliance Subtitle B: Repeal of Bad Debt Reserve Method for Thrift Savings Associations Subtitle C: Other Provisions Health Insurance Reform Act of 1996 - Title I: Health Care Access, Portability, and Renewability - Subtitle A: Group Market Rules - Prohibits insurers from declining to offer whole group coverage to a group purchaser. Allows plans to establish eligibility, continuation, enrollment, or premium requirements, provided the requirements are not based on health status, medical condition, genetic information, or other factors. (Sec. 102) Mandates plan renewability, except for premium nonpayment, material misrepresentation, plan termination, or other specified reasons. (Sec. 103) Regulates the circumstances in which a plan may impose a benefit limitation or exclusion because of a preexisting condition. Mandates crediting of previous qualifying coverage. Allows State laws (unless preempted by specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA)) that: (1) limit preexisting conditions to shorter periods than the provisions of this paragraph; (2) recognize previous qualifying coverage with a lapse period longer than provided for by the provisions of this paragraph; or (3) require issuers to have a lookback period shorter than under this Act. (Sec. 104) Mandates special enrollment periods for individuals who have certain types of changes in family composition or employment status. (Sec. 105) Regulates disclosures an insurer must make to a small employer (as defined in State law or, if not defined in State law, employers with not more than 50 employees). Amends ERISA to modify requirements regarding disclosures to plan participants and beneficiaries. Subtitle B: Individual Market Rules - Prohibits an insurer from declining to offer individual coverage or denying individual enrollment based on health status, medical condition, or other factors if the individual meets specified requirements, including having had previous group coverage and not being currently eligible for group coverage. (Sec. 111) Mandates renewability of coverage for individuals, except for nonpayment of premiums, material misrepresentation, or plan termination. (Sec. 112) Allows a State to adopt alternative public or private mechanisms designed to provide access to affordable health benefits for individuals unless the Secretary of Health and Human Services finds that the State's alternative mechanism fails to meet specified requirements of this Act. Deems a State to have met those requirements if it adopts a National Association of Insurance Commissioners (NAIC) model found by the Secretary to meet the requirements. Sets forth the circumstances in which a State high risk pool will be deemed in compliance. Subtitle C: COBRA Clarifications - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to modify continuation coverage requirements. Subtitle D: Private Health Plan Purchasing Cooperatives - Requires a State to certify health plan purchasing cooperatives (HPPCs) meeting the requirements of this section. Provides for Federal certification if a State fails to do so, but prohibits Federal certification in a State where the Secretary finds that, under State law, all small employers have a means readily available that ensures that: (1) individuals and employees have a choice of multiple, unaffiliated health plan issuers; and (2) other requirements of this Act are met. Regulates HPPC organization, duties, and activities. Preempts, for a HPPC meeting these requirements, State fictitious group laws. Specifies the circumstances in which HPPCs are required to comply with State premium rating and mandated benefit laws. Applies to HPPCs, for enforcement purposes only, the requirements of ERISA provisions relating to fiduciary responsibility and administration and enforcement. Title II: Application and Enforcement of Standards - Deems a requirement or standard under this Act imposed on a plan to be imposed on the issuer. (Sec. 202) Requires each State to enforce the standards under this Act pursuant to an enforcement plan filed by the State with the Secretary of Labor. Mandates enforcement of employee health benefit plans by the Secretary in the same manner as under specified ERISA provisions. Provides for Federal enforcement if a State fails to do so. Title III: Miscellaneous Provisions - Amends the Public Health Service Act to allow a health maintenance organization, if notified by a member that a medical savings account has been established for the member and if the member requests, to reduce the basic health services payment by requiring the payment of a deductible for basic health services. Declares that it is the sense of the: (1) Senate Labor and Human Resources Committee that the establishment of medical savings accounts should be encouraged as part of any health insurance reform legislation passed; and (2) Senate that the Congress should take steps to further the purposes of this Act. (Sec. 302) Mandates studies and reports to appropriate congressional committees on: (1) mechanisms to ensure the availability of reasonably priced health coverage to employers purchasing group and individuals purchasing non-group coverage; (2) whether standards limiting premium variation will further the purposes of this Act; (3) the effectiveness of this Act; and (4) patient access to and choice of providers inside and outside of networks, the cost to insurers and the feasibility of out-of-network access, and the percent of premium dollar used for medical care and administration of the types of coverage offered. (Sec. 303) Requires the Health Care Financing Administration to complete their ongoing study of reimbursement of all telemedicine services and report to the Congress with a proposal for reimbursement for fee-for-service medicine. (Sec. 304) Declares that the Senate Labor and Human Resources Committee finds that the Public Trustees of Medicare concluded in a specified report that: (1) the current Medicare program (title XVIII of the Social Security Act) is unsustainable; (2) the Hospital Insurance Trust Fund will be able to pay benefits for only about seven years and is severely out of long-range balance; and (3) the Fund's problems should be comprehensively addressed. (Sec. 305) Prohibits an employee health benefit plan and a health plan issuer offering a group plan or an individual health plan from imposing treatment limits or financial requirements on the coverage of mental health services if similar limits or requirements are not imposed regarding other conditions. (Sec. 306) Amends the Immigration and Nationality Technical Corrections Act of 1994 to extend the termination date of and modify requirements regarding provisions relating to waivers of a requirement that aliens who came to the United States to receive graduate medical education or training return to their country of nationality for two years before applying for an immigrant visa, permanent residence, or a nonimmigrant visa. (Sec. 307) Mandates inclusion with any income tax refund of a document encouraging organ and tissue donation. (Sec. 308) Declares that it is the sense of the Senate that: (1) the issue of adequate health care for mothers and children is important to the future of the United States and the Senate should pass legislation ensuring coverage for all U.S. pregnant women and children; and (2) patients deserve to know the full range of available treatments and the Congress should examine these issues to ensure that all patients get the care they deserve. (Sec. 310) Medical Volunteer Act - Requires that a health care professional who provides a health care service to a medically underserved person without receiving compensation be regarded, for purposes of any medical malpractice claim arising in connection with the service, as a Federal employee for purposes of the Federal tort claims provisions of Federal law relating to the judiciary and judicial procedure. Deems the professional to have provided the service without compensation only if, prior to furnishing the care, the professional: (1) agrees to furnish the service without charge to any person, including any insurance or program covering the recipient; and (2) provides the recipient with notice of the limited liability. Preempts inconsistent State laws, but not State laws providing greater incentives or protections to the professional. Title IV: Tax-Related Provisions - Health Insurance and Long-term Care Affordability Act of 1996 - Subtitle A: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals - Amends the Internal Revenue Code to annually incrementally increase the deduction for the health insurance costs of self-employed individuals so that by the year 2006, 80 percent, rather than the current 30 percent, of such costs will be deductible. Subtitle B: Long-Term Care Provisions - Chapter 1: Long-Term Care Services and Contracts - Subchapter A: General Provisions - Sets forth general rules with respect to a qualified long-term care insurance contract, including that: (1) it shall be treated as an accident and health policy; (2) amounts received under such a contract shall be treated as amounts received for personal injuries and sickness; (3) amounts paid for such a contract shall be treated as amounts paid for medical care; and (4) it shall be treated as a guaranteed renewable contract. Defines such a contract and the services it must include. Subchapter B: Consumer Protection Provisions - Requires long-term care insurance policies to meet model regulation and model Act requirements. Chapter 2: Treatment of Accelerated Death Benefits - Provides, as a general rule, that accelerated death benefits shall be treated as amounts paid because of the death of the insured. Subtitle C: High-Risk Pools - Treats as tax exempt State-sponsored organizations which provide health coverage for high-risk individuals. Subtitle D: Penalty-Free IRA Distributions - Permits penalty-free IRA distributions to pay: (1) financially devastating medical expenses; and (2) health insurance premiums for certain unemployed individuals. Subtitle E: Revenue Offsets - Chapter 1: Treatment of Individuals Who Expatriate - Sets forth the tax responsibilities of an expatriate: (1) who has had an average annual net income tax of more than $100,000 for the five year period ending before expatriation; (2) or whose net worth is $500,000 or more. Provides as a general rule that all property of a covered expatriate shall be treated as sold on the expatriation date for its fair market value. Allows an exclusion from gain of up to $600,000. Permits an expatriate to elect to continue to be taxed as a United States citizen, in which case the provisions applicable to other expatriates will not apply. Sets forth specified reporting requirements for all expatriates. Chapter 2: Company-Owned Insurance - Revises provisions prohibiting a deduction for interest on loans with respect to company-owned life insurance, including a revision which prohibits as well a deduction for interest on loans with respect to company-owned endowment or annuity contracts. Title V: Health Care Fraud and Abuse Prevention - Subtitle A: Fraud and Abuse Control Program - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), acting through the HHS Office of Inspector General (IG), and the Attorney General, to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control health care fraud and abuse; (2) conduct investigations, audits, and inspections relating to the delivery of and payment for health care; (3) facilitate enforcement of certain laws applicable to health care fraud and abuse; (4) provide for the modification and establishment of safe harbors; (5) issue interpretative rulings and special fraud alerts; and (6) provide for the reporting and disclosure of certain final adverse actions against health care providers, suppliers, or practitioners pursuant to the data collection system established by this Act. (Sec. 501) Establishes the Health Care Fraud and Abuse Control Account in Medicare's Federal Hospital Insurance Trust Fund (Trust Fund) to hold the criminal fines and civil monetary penalties and assessments obtained from Federal health care cases, as well as property forfeiture proceeds from such cases, and other specified amounts for financing the fraud and abuse control program and the Medicare Integrity Program established by this Act. Makes certain appropriations to the Trust Fund and Account, earmarking specified amounts for activities of the HHS IG with respect to the SSA title XVIII (Medicare) and title XIX (Medicaid) programs. (Sec. 502) Establishes the Medicare Integrity Program to promote the integrity of the Medicare program through contracts with certain eligible private entities to: (1) review Medicare service provider activities and audit cost reports to determine whether payment should not have been made; (2) educate service providers, beneficiaries, and other persons on payment and benefit issues; and (3) develop and periodically update a list of items of durable medical equipment subject to prior authorization. Eliminates the responsibilities of fiscal intermediaries under Medicare part A (Hospital Insurance) and carriers under Medicare part B (Supplementary Medical Insurance) for certain activities to the extent they are carried out pursuant to a contract under the Medicare Integrity Program. (Sec. 503) Directs the HHS Secretary to provide an explanation of Medicare benefits with respect to each furnished item or service for which payment may be made, whether or not a deductible or coinsurance payment may be imposed on the beneficiary. Directs the HHS Secretary to establish a program to encourage individuals to: (1) report information on fraud and abuse; and (2) submit suggestions on methods to improve the efficiency of the Medicare program. Provides for the payment to such individuals of a portion of: (1) any amounts collected due to any reports of fraud or abuse; or (2) any savings resulting from any suggestions that are adopted. (Sec. 504) Amends SSA title XI to extend the application of criminal penalties for acts involving the Medicare program to similar violations of any health benefits plan or program funded directly by the Federal Government, except the Federal Employees' Health Benefits Program (Federal health care programs). (Sec. 505) Directs the HHS Secretary to publish a notice periodically in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors issued under the Medicare and Medicaid Patient and Program Protection Act of 1987; (2) additional safe harbors specifying payment practices that shall not be treated as a criminal offense or exclusion; (3) interpretive rulings by the HHS IG, upon request, with regard to civil monetary and criminal penalties; and (4) special fraud alerts by the HHS IG, upon request, with regard to suspect practices under the Medicare program or a State health care program. Requires subsequent issuance of implementing regulations. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Excludes from participation in Medicare and State health care programs any individual or entity convicted after the enactment of this Act of a felony related to: (1) fraud in connection with the delivery of a health care item or service; or (2) a controlled substance. (Sec. 512) Revises specified current sanctions involving exclusion for fraud and abuse under Medicare and State health care programs. Repeals the prerequisite that a health care practitioner or person be "unwilling or unable" to comply substantially with a corrective action plan before sanctions may be imposed (thus permitting the HHS Secretary to exclude such practitioner or person from eligibility to provide services for failure to comply with a corrective action plan, regardless of circumstances). (Sec. 515) Permits imposition of intermediate sanctions on Medicare health maintenance organizations (HMOs), in addition to the current option of termination. (Sec. 516) Excepts from anti-kickback penalties for risk-sharing arrangements any remuneration between an organization and an item or service provider under a written agreement where certain circumstances pertain. Subtitle C: Data Collection and Miscellaneous Provisions - Directs the HHS Secretary to establish a national health care fraud and abuse data collection program for the reporting of final adverse actions against health care providers, suppliers, or practitioners. Requires each Government agency and health care plan to report to the Secretary any final adverse action taken against a health care provider, supplier, or practitioner. (Sec. 521) Allows the HHS Secretary, with respect to the issuance of unique identifiers for Medicare physicians, to impose appropriate fees on such physicians to cover the costs of investigation and recertification activities. Subtitle D: Civil Monetary Penalties - Revises civil monetary penalty and other related SSA title XI provisions, among other things: (1) subjecting to civil penalties certain program-excluded individuals who retain an ownership or control interest in a participating entity if they know or should know of the action constituting the basis for the exclusion at the time they violated such provisions; (2) increasing the amounts of various specified penalties and assessments, including those against health care practitioners who fail to comply with their statutory obligations; and (3) prohibiting the offering of inducements to individuals enrolled under Medicare or a State health care program, including waiver of coinsurance and deductible amounts and transfers of items or services for free or for other than fair market value. Subtitle E: Amendments to Criminal Law - Amends the Federal criminal code to cover health care fraud, obstruction of criminal investigations of Federal health care offenses, theft or embezzlement in connection with health care, and other specified matters related to health care fraud, such as the laundering of monetary instruments. (Sec. 543) Provides for injunctive relief relating to Federal health care offenses, as well as for property forfeitures. Title VI: Internal Revenue Code and Other Provisions - Subtitle A: Foreign Trust Tax Compliance - Revises the requirements regarding information that must be reported regarding certain foreign trusts. Modifies the circumstances (with regard to foreign trusts having one or more U.S. beneficiaries) in which a transferor is treated as the owner. Replaces provisions setting forth a special rule applicable to foreign grantors with provisions declaring that provisions relating to treating grantors and other as substantial owners shall apply only when that application results in an amount being currently taken into account in computing the income of a U.S. citizen or resident or a domestic corporation. Requires a United States person to report information regarding foreign gifts or bequests when the gifts' aggregate value during a taxable year exceeds $10,000. Modifies requirements regarding the interest charge on accumulation distributions from foreign trusts. Changes the circumstances in which an estate or trust is included in the definition of "United States person." Modifies the definition of "foreign estate or trust." Requires (for provisions relating to the imposition of a tax on transfers to avoid income tax) treating a trust which is not a foreign trust and which becomes a foreign trust as having transferred, immediately before becoming a foreign trust, all of its assets to a foreign trust. Subtitle B: Repeal of Bad Debt Reserve Method for Thrift Savings Associations - Repeals the bad debt reserve method, concerning reserves for losses on loans, for thrift savings associations. Subtitle C: Other Provisions - Amends title XVIII (Medicare) of the Social Security Act to extend the secondary payor provisions. Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development, in specified circumstances, to modify rent adjustments using an operating costs factor that increases the rent to reflect increases in operating costs in the market area. Amends the National Housing Act to remove the provision which limits foreclosure avoidance and borrower assistance to those mortgages insured under such Act which originated before October 1, 1995.
Bill· SS. 1691 (104th)referred
United States · United States Congress · 22 April 1996
Immigration Control Enforcement Act - Amends the Immigration and Nationality Act to require at least ten full-time Immigration and Naturalization Service agents to be allocated to each State.
Bill· SS. 1692 (104th)referred
United States · United States Congress · 22 April 1996
Illegal Worker Prevention Act - Provides for the debarment of Federal contractors for noncompliance with illegal alien employment provisions under the Immigration and Nationality Act.
Bill· SS. 1685 (104th)referred
United States · United States Congress · 18 April 1996
TABLE OF CONTENTS: Title I: American Family Economic Security Subtitle A: Wage Security Subtitle B: Retirement Security Subtitle C: Health Security Subtitle D: Employee Security Title II: Incentives for Lifelong Learning Title III: High-Wage Jobs for American Families Subtitle A: Business Incentives Subtitle B: Preservation of American Jobs Subtitle C: Promotion of Long-Term Investments in American Businesses Title IV: Miscellaneous Provisions American Family Income and Economic Security Act of 1996 - Title I: American Family Economic Security - Subtitle A: Wage Security - Amends the Fair Labor Standards Act of 1938 to raise the minimum wage. Subtitle B: Retirement Security - Part I: IRA Deduction - Amends the Internal Revenue Code (Code) to increase individual retirement account (IRA) income limitations. Provides inflation adjustments for deductible amounts and income limitations. Part II: Nondeductible Tax-Free IRAs - Establishes special nondeductible tax-free IRAs. Part III: Penalty-Free Distributions - Permits distributions from certain qualified retirement plans without penalty for: (1) first home purchases; (2) higher education expenses; (3) financially devastating medical expenses; or (4) certain unemployed persons. Part IV: Plan Loans - Establishes defined contribution plan loan requirements. Subtitle C: Health Security - Part I: Definitions - Defines specified terms. Part II: Health Care Access, Portability, and Renewability - Subpart A: Group Market Rules - Provides for: (1) guaranteed availability and renewability of health plan coverage; and (2) coverage portability and limitations on preexisting condition exclusions; (3) special enrollment periods; and (4) health plan disclosures. Subpart B: Individual Market Rules - Provides for: (1) individual health plan marketability; (2) guaranteed renewability; and (3) State flexibility in individual market reforms. Subpart C: COBRA Clarifications - Amends the Public Health Service Act, the Employee Retirement Income Security Act, and the Code with respect to plan coverage periods. Subpart D: Private Health Plan Purchasing Cooperatives - Defines "health plan purchasing cooperative." Sets forth requirements and certification provisions. Part II (sic): Application and Enforcement of Standards - Subjects a health plan issuer to standards that may be imposed by a State upon its group or individual health plans. Part III: Miscellaneous Provisions - Amends the Public Health Service Act to permit health maintenance organizations (HMOs) to offer plans with deductibles to individuals with medical savings accounts. (Sec. 182) Directs the Secretary of Health and Human Services to conduct an health coverage availability study. (Sec. 183) Expresses the sense of the Senate Committee on Labor and Human Resources regarding the need to reform and maintain Medicare, and to provide increased choice for seniors. Subtitle D: Employee Security - Amends the Code to permit a credit for employer expenses for certain on-site day-care facilities. (Sec. 192) Makes permanent the (employee) income exclusion for employer-provided group legal services. (Sec. 193) Expands the one-time exclusion of gain on the sale of a principal residence to include a sale when the individual or spouse is terminally ill. Title II: Incentives for Lifelong Learning - Amends the Code to establish an employee training credit. (Sec. 202) Makes the educational assistance exclusion permanent. (Sec. 203) Provides deductions for higher education tuition and fees and student loan interest. Title III: High-Wage Jobs for American Families - Subtitle A: Business Incentives - Amends the Code to exclude specified amounts (depending on holding period)of gain from the sale of stock of qualifying critical technology small businesses that create domestic jobs. (Sec. 302) Makes the research and development credit permanent. Subtitle B: Preservation of American Jobs - Amends the Code to include imported property income within a foreign base company's taxable income. (Sec. 312) Authorizes Federal contractor debarment for noncompliance with immigration-related employment provisions. (Sec. 313) Expresses the sense of the Congress that laid off workers should be given stock options upon termination. Subtitle C: Promotion of Long-Term Investments in American Businesses - Part I: Long-Term Investment, Competitiveness, Pension Protection, and Corporate Takeover Reform - Makes specified congressional findings with respect to existing securities laws. (Sec. 322) Amends the Employee Retirement Income Security Act of 1974 with respect to: (1) long-term investments and pension protection; and (2) worker protection. (Sec. 324) Amends the Securities and Exchange Act of 1934 with respect to: (1) tender offers; (2) takeover financing and financing disclosures; and (3) leveraged buyout and going private transactions. (Sec. 326) Directs appropriate Federal banking agencies to review and report on U.S. depository institutions' risk exposure and additional reserve requirements. Part II: Restrictions on Harmful Takeovers - Amends the Code to disallow deductions for merger and acquisition expenses. Part III: Other Provisions - Amends the Code to extend a specified compensation deduction limit to all employees of all corporations (other than public service corporations). Title IV: Miscellaneous Provisions - Amends the Code to provide a deduction for local sewer and water fees.
Bill· SS. 1684 (104th)referred
United States · United States Congress · 18 April 1996
Amends Federal law to require passport applications for children under age 16 to be signed by: (1) both parents if the child lives with both parents; (2) the parent having primary custody of the child if the child does not live both parents; or (3) the surviving parent (or legal guardian) of the child if one or both parents are deceased. Permits waiver of such requirement if the Secretary of State determines that circumstances do not permit obtaining the signatures of both parents.
Question· Kleine Anfrage13/4419open
Germany · German Bundestag · 18 April 1996
Anzahl der Ermittlungsverfahren, U-Haft, Verurteilungen, verletzte bzw. getötete Personen
Bill· SS. 1680 (104th)referred
United States · United States Congress · 17 April 1996
Revises Federal criminal code provisions to authorize the court to order that an alien defendant who is subject to deportation be deported and remain outside the United States as a condition of supervised release. Directs the Attorney General, while such alien defendant is awaiting deportation, to take such alien into custody and not release such alien unless so permitted by order of the sentencing court. Prohibits the Attorney General, during the period such an alien defendant is to remain outside the United States as a condition of supervised release, from consenting to the alien's reentry.
Bill· HRH.R. 3266 (104th)referred
United States · United States Congress · 17 April 1996
TABLE OF CONTENTS: Title I: Block Grants for Temporary Assistance for Needy Families Title II: Supplemental Security Income Subtitle A: Eligibility Restrictions Subtitle B: Benefits for Disabled Children Subtitle C: State Supplementation Programs Subtitle D: Studies Regarding Supplemental Security Income Program Subtitle E: National Commission on the Future of Disability Title III: Child Support Subtitle A: Eligibility for Services; Distribution of Payments Subtitle B: Locate and Case Tracking Subtitle C: Streamlining and Uniformity of Procedures Subtitle D: Paternity Establishment Subtitle E: Program Administration and Funding Subtitle F: Establishment and Modification of Support Orders Subtitle G: Enforcement of Support Orders Subtitle H: Medical Support Subtitle I: Enhancing Responsibility and Opportunity for Non-Residential Parents Subtitle J: Effect of Enactment Title IV: Restricting Welfare and Public Benefits for Aliens Subtitle A: Eligibility for Federal Benefits Subtitle B: Eligibility for State and Local Public Benefits Programs Subtitle C: Attribution of Income and Affidavits of Support Subtitle D: General Provisions Subtitle E: Conforming Amendments Title V: Reductions in Federal Government Positions Title VI: Reform of Public Housing Title VII: Child Care Title VIII: Child Nutrition Programs Subtitle A: National School Lunch Act Subtitle B: Child Nutrition Act of 1966 Title IX: Food Stamp and Related Programs Title X: Miscellaneous Bipartisan Welfare Reform Act of 1996 - Title I: Block Grants for Temporary Assistance for Needy Families - Expresses the sense of the Congress that prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock births are very important Government interests. (Sec. 103) Replaces the current Aid to Families with Dependent Children (AFDC) program and Job Opportunities and Basic Skills Training Program (JOBS) under, respectively, parts A and F of title IV of the Social Security Act (SSA) with a program of block grants to the States for temporary assistance for needy families already with or expecting children (TEA program). Gives such program the stated purpose of increasing the flexibility of States in operating approved statewide programs, with: (1) certain mandatory work and education requirements (as well as penalties against adult family members on TEA who refuse to engage in various specified work activities); and (2) adult-supervised living arrangements for unmarried teenage parents to enable such families to leave the program and become self-sufficient. Includes participation in community service programs and subsidized public sector employment as TEA program work activities. Requires TEA programs to provide certain time-limited cash assistance (and thereafter vouchers) to eligible families entering into an individual responsibility plan with the State (with certain exceptions involving minor children and hardship situations), outlining their obligations in receiving TEA assistance (such as immunizing their children or finishing high school), as well as the specific services the State will provide (such as job preparation and family planning services and, at the State's option, substance abuse treatment services) to enable them to move into private sector employment. Requires State TEA programs also to: (1) establish annual numerical goals for preventing and reducing the incidence of out-of-wedlock pregnancies, with special emphasis on teenage pregnancies, over a specified ten-year period; and (2) encourage the formation and maintenance of two-parent families. Denies TEA for fugitive felons and probation and parole violators and minor children absent from the home for a significant period. Suspends it for ten years for persons who have fraudulently misrepresented residence to obtain assistance in two or more States. Denies additional cash assistance, as a general rule, for additional children born to families already on TEA (except in cases of rape and incest), unless State law specifically exempts the State TEA program from such denial. Reduces or denies TEA for noncooperation in child support. Outlines State TEA plan contents. Provides for the State's choice of treatment of aliens and families moving interstate, and for the exchange of certain plan information about TEA applicants or recipients with law enforcement officers under prescribed conditions. Sets forth requirements for State plan approval by the Secretary of Health and Human Services (HHS), which include certifications that the State will operate a child protection and child support enforcement program under SSA title IV parts B and D (Child-Welfare Services Program and Child Support and Establishment of Paternity Program), respectively. Details TEA program grant administrative provisions: (1) determining the amounts of State grants for family assistance for FY 1996 through 2001; (2) outlining grant uses, including assistance to families in meeting home heating and cooling costs, and a State program under the Child Care and Development Block Grant Act of 1990; (3) rewarding States with additional grant amounts for reductions in illegitimate births, as well as for population increases and TEA program work activities; and (4) establishing in the Treasury (and providing deposits for) a Contingency Fund for State Welfare Programs for payments to certain eligible participating States. Makes necessary appropriations. Sets up a Federal loan program for certain State TEA programs for anti-fraud and other specified activities. Makes necessary appropriations. Establishes penalties for States and individual families for specified grant and program violations, respectively, through reduced grants and assistance payments. Allows States to terminate assistance payments, but prohibits assistance reduction or termination based on a refusal of an adult to work if the adult is a single custodial parent caring for a child under age six and unable to obtain needed child care for one or more specified reasons. Provides for State appeal of Federal adverse decisions with respect to State plans or imposition of penalties. Outlines specific program data collection and reporting requirements, as well as certain research, evaluation, and study requirements. Makes necessary appropriations. Provides for TEA grants to Indian tribes (with a special rule for Alaska Native tribes). Makes necessary appropriations. Directs the Bureau of the Census to expand the Survey of Income and Program Participation to obtain information enabling interested persons to evaluate the impact of this title on a random national sample of State TEA recipients and other appropriate low-income families. Makes necessary appropriations. Provides for the treatment of current and previously granted State AFDC (welfare reform) waiver projects. Retains the HHS Assistant Secretary for Family Support as the official responsible for administering SSA title IV part A and D programs. Expresses the sense of the Congress encouraging each State operating a TEA program to: (1) assign the highest priority to requiring adults in two-parent families and in single-parent families with older preschool or school-age children to engage in work activities; and (2) require non-custodial, nonsupporting parents under age 18 to fulfill community work obligations and attend appropriate parenting or money management classes after school. (Sec. 104) Allows States to contract with charitable, religious, or private organizations to provide services and administer programs established or modified by this Act, or to provide program beneficiaries with certificates, vouchers, or other forms of disbursement redeemable with such organizations. Prohibits the expenditure of financial assistance under such programs for sectarian worship, instruction, or proselytization. (Sec. 105) Directs the Secretary of Commerce to expand the data collection efforts of the Bureau of the Census to enable it to collect certain data on grandparent caregivers. (Sec. 106) Directs the HHS Secretary to report to the Congress on the status of State automated data processing systems used in administering State programs under SSA title IV part A. (Sec. 107) Requires the HHS Secretary to report to the Congress on outcomes measures for evaluating the success of the States in moving individuals out of the welfare system through employment as an alternative to the minimum participation rates under mandatory TEA work requirements. (Sec. 108) Makes conforming amendments to SSA, the Food Stamp Act of 1977, and related provisions of other specified Federal laws. (Sec. 111) Directs the Commissioner of Social Security (Commissioner) to develop a prototype of a counterfeit-resistant social security card and study and report to the Congress on different methods of improving the social security card application process. (Sec. 112) Requires any organization accepting Federal funds under this Act to disclose that fact in any communication it makes that intends to promote public support or opposition to any Federal, State, or local government policy through any broadcasting station, periodical, or other specified type of general public advertising. Makes any organization failing to make such a disclosure ineligible to receive Federal funds under this Act. (Sec. 113) Amends the Family Support Act of 1988 to remove the "demonstration" status of the Job Opportunities for Certain Low-Income Individuals (JOLI) program and give it an increased annual authorization for any fiscal year. Title II: Supplemental Security Income - Subtitle A: Eligibility Restrictions - Amends SSA title XVI (Supplemental Security Income) (SSI) to: (1) deny SSI by reason of disability to drug addicts and alcoholics for whom addiction or alcoholism would be a contributing factor material to the disability determination; (2) revise representative payee and treatment requirements; (3) deny SSI benefits for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States; (4) deny SSI benefits for fugitive felons and probation and parole violators; and (5) outline the process for periodic review with respect to the continuing eligibility of an individual 18 years of age or older to receive certain SSI disability benefits. Provides certain supplemental funding for alcohol and substance abuse treatment programs. Subtitle B: Benefits for Disabled Children - Revises the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying the medical criteria for evaluation of mental and emotional disorders, and discontinuing the use of individualized functional assessments for children. Requires the Commissioner to redetermine the eligibility of any individual under age 18 receiving SSI benefits based on a disability as of the enactment of this Act, and whose eligibility for such benefits may terminate by reason of this Act. (Sec. 212) Provides that at least once every three years the Commissioner shall review the continued SSI eligibility of each individual who has not attained age 18 and is eligible for such benefits by reason of an impairment (or combination of impairments) which may improve (or, which is unlikely to improve, at the option of the Commissioner). Requires a parent or guardian of a recipient whose case is so reviewed to present evidence that the recipient is and has been receiving treatment of the condition which was the basis for the SSI benefits. Provides that if an individual is eligible for SSI disability benefits for the month preceding the month in which the individual attains age 18, the Commissioner shall redetermine such eligibility: (1) during the one year period beginning on the individual's 18th birthday; and (2) by applying the criteria used in determining the initial eligibility for applicants who have attained age 18. Outlines specific requirements governing: (1) continuing disability reviews for low birth weight babies; and (2) benefit payments through representative payees to eligible individuals and their spouses. (Sec. 214) Provides for a reduction in cash SSI benefits payable to institutionalized individuals whose medical costs are covered by private insurance. (Sec. 215) Reduces by specified basic needs and earned income disregard allocations the amount of parental income attributed to disabled children. Subtitle C: State Supplementation Programs - Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits. Subtitle D: Studies Regarding Supplemental Security Income Program - Requires the Commissioner of Social Security to report annually to the President and the Congress regarding the SSI program and to make arrangements with the National Academy of Sciences, or other independent entity, to study the disability determination process under SSA titles II and XVI for similar reports. (Sec. 233) Directs the Comptroller General to study and report on the: (1) impact of this title on the SSI program; and (2) extra expenses incurred by families of children receiving SSI benefits that are not covered by other Federal, State, or local programs. Subtitle E: National Commission on the Future of Disability - Establishes the National Commission on the Future of Disability to develop and report to the President and the Congress: (1) a comprehensive study of all matters related to the nature, purpose, and adequacy of all Federal programs serving individuals with disabilities, including the programs under SSA titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI; and (2) recommendations for appropriate action. Authorizes appropriations. Title III: Child Support - Subtitle A: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children. (Sec. 302) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family. (Sec. 303) Requires State plans to establish procedural guidelines for: (1) privacy safeguards regarding paternity and child support actions; and (2) notification of State plan services applicants or recipients about all proceedings and orders affecting child support obligations. Subtitle B: Locate and Case Tracking - Mandates that single statewide automated data systems include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries. (Sec. 312) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. Permits the unit to be established by linking local disbursement units through an automated information network if the Secretary agrees that it will not cost more or take more time to establish or operate than a centralized system. (Sec. 313) Requires State plans to: (1) provide for a State-operated and automated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires. (Sec. 314) Requires States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which wages of a person with a support obligation imposed by a child support order issued before October 1, 1996, shall become subject to withholding if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 315) Requires the States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes. (Sec. 316) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) establishing, setting the amount of, modifying, or enforcing child support obligations; and (3) enforcing child custody or visitation orders. Directs the HHS Secretary to establish in the Federal Parent Locator Service an automated Federal Case Registry of Child Support Orders and an automated National Directory of New Hires. (Sec. 317) Requires States to have statutorily prescribed procedures requiring recordation on such documents of the Social Security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) deceased individuals (on death records). Subtitle C: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1998. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 323) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations. Subtitle D: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. Requires State procedures under which the name of the father shall be included on the birth certificate only: (1) if the mother and father have signed a voluntary acknowledgment of paternity; or (2) pursuant to a judicial or administrative order. (Sec. 333) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support. Subtitle E: Program Administration and Funding - Directs the Secretary to develop a new incentive system to replace the current one. Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs. (Sec. 342) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 344) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 345) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Subtitle F: Establishment and Modification of Support Orders - Revises the requirements for State plan procedures for the review and adjustment of support orders. (Sec. 352) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards. (Sec. 353) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for any person knowingly or negligently violating such prohibition. Subtitle G: Enforcement of Support Orders - Amends Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount. (Sec. 362) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of members of the Armed Forces. (Sec. 364) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor. (Sec. 365) Requires a State plan for child and spousal support to include specified procedures: (1) to ensure that persons owing past-due support work or participate in work activities the court deems appropriate; (2) to report to credit bureaus the name of the parent in arrears for child support; (3) to provide for liens against real and personal property for the support arrearages of an absent parent; and (4) to implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages. (Sec. 370) Instructs the Secretary of State to deny a passport to any individual certified by the Secretary of Health and Human Services to be in arrears of more than $5,000 for child support payments. Authorizes revocation, restriction or limitation of a previously issued passport in connection with such individuals. (Sec. 371) Authorizes the Secretary of State, with the concurrence of the HHS Secretary, to declare any foreign country a reciprocating country if it has established, or undertakes to establish, procedures for the establishment and enforcement of child support obligations whose obligees are U.S. citizens. Provides for revocation of such declaration in certain circumstances. Designates the HHS Secretary as the central authority for such enforcement. (Sec. 372) Requires States to have statutorily prescribed procedures under which a State agency shall enter agreements with financial institutions doing business within the State to develop and operate a data match system to provide identifying information for each noncustodial parent targeted by the State who maintains an account at the institution, and to encumber or surrender such parent's assets at the institution pursuant to a lien or levy. (Sec. 373) Requires States to have statutorily prescribed procedures under which child support orders relating to the child of minor parents, where the custodial parents are receiving assistance, are enforceable against the child's paternal or maternal grandparents. (Sec. 374) Amends Federal bankruptcy law to make nondischargeable in bankruptcy any debts owed to a State or municipality for child support. Subtitle H: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. (Sec. 377) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child. Subtitle I: Enhancing Responsibility and Opportunity for Non-Residential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate noncustodial parents' access to their children. Subtitle J: Effect of Enactment - Sets forth effective dates for this title. Title IV: Restricting Welfare and Public Benefits for Aliens - Subtitle A: Eligibility for Federal Benefits - Denies Federal public benefits (except certain emergency disaster relief, public health, housing, and child nutrition benefits) to non-qualified aliens. (Sec. 402) Denies SSI and food stamp eligibility to all but certain qualified aliens, who may receive only limited benefits. (Sec. 403) Makes qualified aliens ineligible (with limited exceptions) for Federal means-tested public benefits for the first five years after U.S. entry. Amends SSA and the United States Housing Act of 1937 to provide for reporting of certain illegal alien information to the Immigration and Naturalization Service (INS). Subtitle B: Eligibility for State and Local Public Benefits Programs - Makes an alien who is not a qualified alien, a nonimmigrant, or a parolee for less than one year ineligible for State or local benefits (except certain emergency disaster relief, public health, housing, and child nutrition benefits). (Sec. 412) Authorizes States, with certain exceptions, to determine eligibility for State means-tested public benefits for qualified aliens, nonimmigrants, or certain parolees. Subtitle C: Attribution of Income and Affidavits of Support - Deems the income and resources of any alien over age 18 (who is not pregnant) applying for Medicaid and SSA title XXI benefits to include: (1) the income and resources of any person who executed an affidavit of support on the alien's behalf; and (2) the income and resources of the person's spouse (if any). (Sec. 422) Authorizes States to make similar attributions with respect to State programs (except certain emergency disaster relief, public health, housing, and child nutrition benefits). Subtitle D: General Provisions - Sets forth definitions and requires appropriate regulations by the Attorney General for State use. Subtitle E: Conforming Amendments - Makes conforming amendments to the Housing and Community Development Act of 1980 and the Housing Act of 1949. Title V: Reductions in Federal Government Positions - Outlines the mechanism for various specified Federal executive agency workforce reductions, requiring submission to specified congressional committees of determinations about the number of full-time equivalent (FTE) positions of their respective departments by the Secretaries of Agriculture, of Education, of Labor, of Housing and Urban Development, and of HHS. Requires the Secretaries to make FTE reductions, including reductions-in-force, over the ensuing 14 months. Requires the Comptroller General to analyze and report to such committees on such determinations, with recommendations for further FTE reductions, if appropriate. (Sec. 502) Requires the HHS Secretary to reduce the Federal workforce within HHS: (1) by 75 percent of the FTE positions relating to any direct or indirect discretionary spending program converted into a block grant program by this Act (including 245 FTE positions related to the program converted into TEA block grants); and (2) by 75 percent of a proportionate number of the total FTE departmental management positions (including 60 FTE managerial positions related to the program converted into TEA block grants). (Sec. 503) Encourages the HHS Secretary to reduce personnel in the Washington, D.C., area office (agency headquarters) before reducing field personnel. Title VI: Reform of Public Housing - Amends the United States Housing Act of 1937 to prohibit increased housing assistance (except instances of limited-time frame benefits) to a family whose benefits under other public assistance programs have been reduced because of noncompliance. (Sec. 602) States that a person whose benefits under a means-tested welfare or public assistance program have been reduced because of fraud shall not, during such reduction period, receive an income-based increase in any other means-tested assistance program. Title VII: Child Care - Child Care and Development Block Grant Amendments of 1995 - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for FY 1996 through 2002. (Sec. 703) Amends part A (TEA) of Title IV of the Social Security Act to establish a general child care assistance entitlement program funded by Federal grants to the States. Authorizes appropriations. Prescribes program parameters. (Sec. 708) Repeals the program requirement for early childhood development and before- and after-school services. Revises enforcement guidelines to require a State to reimburse the Secretary for funds improperly expended on prohibited or non-authorized purposes. (Sec. 712) Revises the Secretary's congressional reporting requirements to mandate biannual reports to the House Committee on Economic and Educational Opportunities. (Sec. 713) Authorizes an Indian tribe or tribal organization to use Federal funds for the construction or renovation of child care facilities. (Sec. 715) Repeals the Child Development Associate Scholarship Assistance Act of 1985 and the State Dependent Care Development Grants Act. Repeals funding authority for certain programs of national significance, involving: (1) child care for children of at-risk students; (2) alternative programs for bilingual and special education students; and (3) rural child care centers for student parents and their children. Repeals funding authority for Native Hawaiian Family- based Education Centers. Title VIII: Child Nutrition Programs - Subtitle A: National School Lunch Act - Amends the National School Lunch Act (NSLA) to repeal specified authorities and requirements for the school lunch and related programs, including: (1) State educational authority to use resources from the nutrition and education (NET) program; (2) prohibition of State imposition of teaching personnel and curriculum requirements at any school; (3) certain demonstration grants to private nonprofit organizations or educational institutions for elementary school curriculum food and nutrition projects; (4) aspects of summer food service programs, reducing payment rates and daily meals at camps, reducing the National Youth Sports Program, and revising nutritional standards compliance requirements; (5) certain commodity distribution program requirements, including State Advisory Councils; (6) expansion of the child care food program; (7) adult care food aid to adult day care centers and services for persons over 60; (8) certain pilot projects, including one for paperwork reduction; and (9) an information clearinghouse. (Sec. 807) Prohibits, in general, any waiver that will increase Federal costs. (Sec. 810) Provides for grants for State assistance to family or group day care homes. Directs the Secretaries of Agriculture and of Health and Human Services to study and report to specified congressional committees on the impact of this title on adult food care program participation and family day care licensing. Subtitle B: Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 to revise the school breakfast program: (1) eliminating Federal assistance for food preparation training and program expansion and start-up costs; (2) repealing certain authorities and requirements relating to State administrative expenses; (3) repealing the prohibition against State imposition of teaching personnel and curriculum requirements at any school; (4) repealing the program of cash grants for nutrition education. (Sec. 830) Revises the special supplemental nutrition program for women, infants, and children (WIC), among other things repealing specified requirements and changing from mandatory to optional: (1) drug abuse education; and (2) provision of WIC information in languages other than English. Makes the Nutrition and Education program discretionary rather than mandatory. Authorizes appropriations. Title IX: Food Stamp Program and Related Programs - Amends the Food Stamp Act of 1977 to: (1) increase the standard deduction from income resources for eligibility purposes; (2) treat electronic benefit transfer cards and personal identification (PIN) numbers as coupons; (3) count vendor payments for transitional housing as income; (4) increase penalties for specified program violations; (5) revise disqualification penalties and periods, and their applications to entire households, for persons refusing to comply with work requirements; (6) revise general exemptions from employment and training requirements and funding for related programs; and (7) mandate disqualification of individuals for multiple receipt of food stamp benefits, of fleeing felons, and of individuals delinquent in child support payments. (Sec. 915) Authorizes State food stamp disqualification of a household member also disqualified from another means-tested public assistance program for failure to perform an action required for such program under Federal, State, or local law. (Sec. 918) Makes it an eligibility requirement for custodial parents to cooperate with child support agencies. (Sec. 920) Prescribes additional work requirements for able-bodied food stamp recipients. Requires State agencies to implement electronic benefit transfer systems. (Sec. 924) Provides for: (1) optional combined value allotments for expedited households; and (2) allotments to individuals residing in drug or alcohol abuse treatment centers. (Sec. 925) Authorizes reduction in State food stamp benefits of a household for whom benefits are also reduced in another means-tested public assistance program for a similar failure. (Sec. 927) Authorizes regulations to establish specific authorization periods, and specific periods for prohibiting participation of stores based on lack of business integrity. (Sec. 931) Revises requirements for State agency procedures for food stamp office operation. Augments the kinds of information (including retailer information) that may be exchanged among Federal, State, and local law enforcement agencies. Authorizes the suspension of stores violating program requirements pending administrative and judicial review. (Sec. 939) Mandates regulations for: (1) food stamp program disqualification of retailers disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); and (2) the permanent debarment of retailers who intentionally submit falsified applications. Subjects food stamp benefits to civil and criminal forfeiture for benefit violations. (Sec. 948) Authorizes States to operate simplified food stamp programs according to specified requirements. Repeals the authority to conduct specified pilot projects and the Food Bank Demonstration Project. (Sec. 949) Revises State plan requirements for the emergency food assistance program. Title X: Miscellaneous - Provides, among other things, for: (1) the expenditure of Federal funds received by a State under TEA and certain other Federal programs only in accordance with laws and procedures applicable to expenditure of the State's own revenues; (2) elimination of housing assistance with respect to fugitive felons and probation and parole violators; (3) certain options for State consideration of the resources of an ineligible household member when determining the food stamp eligibility and allotment of such individual's household; and (4) an increase in funding for abstinence education under SSA title V (Maternal and Child Health Services). (Sec. 1003) Expresses the sense of the Senate that Congress should adopt enterprise zone legislation in the 104th Congress providing for various specified incentives, regulatory reforms, and pilot projects. (Sec. 1004) Expresses the sense of the Senate that States: (1) should diligently continue their efforts to enforce child support payments by the non-custodial parent; and (2) should pursue pilot programs in which the parents of a non-adult, non-custodial parent who refuses to or is unable to pay child support must pay or contribute to the child support owed by the non-custodial parent or otherwise fulfill all financial obligations and meet all conditions imposed on the non-custodial parent, such as participation in a work program or other related activity. (Sec. 1006) Directs the HHS Secretary to: (1) implement a certain strategy for preventing out-of-wedlock teenage pregnancies and assuring that at least 25 percent of U.S. communities have teenage pregnancy prevention programs; and (2) report to the Congress on the State programs so implemented to determine their progress. (Sec. 1007) Expresses the sense of the Senate that States and local jurisdictions should aggressively enforce statutory rape laws. (Sec. 1008) Declares that States shall not be prohibited by the Federal Government from sanctioning welfare recipients who test positive for use of controlled substances. (Sec. 1010) Amends the Electronic Fund Transfer Act to generally exempt from the required disclosures, protections, responsibilities, and authorized remedies of such Act, and any implementing regulation prescribed by the Federal Reserve Board, any electronic benefit transfer program established under State or local law or administered by a State or local government that distributes needs-tested benefits. (Sec. 1011) Amends SSA title XX (Block Grants to States for Social Services) to reduce the authorization of appropriations for social services block grants. (Sec. 1012) Encourages the HHS Secretary to work in coordination with State agencies to ensure the efficient use of Federal transportation funds by recipients of public assistance under this Act.
Motion· Antrag13/4364rejected
Germany · German Bundestag · 17 April 1996
Ersatzlose Streichung der 3-Jahresfrist in der Härtefallregelung des § 19 Abs. 1 Nr. 2 des Ausländergesetzes
Motion· Antrag13/4379rejected
Germany · German Bundestag · 17 April 1996
Reform des geltenden Asyl- und Flüchtlingsrechts: Änderung der §§ 18 und 19 Asylverfahrensgesetz betr. Drittlandsregelung, Aussetzung von Rücknahmeübereinkommen, Gewährleistung des Zugangs zum Asylverfahren im Gebiet des Schengener Abkommens, Ausrichtung des Asylverfahrens auf Anerkennung der Schutzbedürftigkeit, Aufhebung des Flughafenverfahrens u.a.m.; Erweiterung der Anerkennungsgründe für Flüchtlinge, Abschiebeschutz bei ungeklärten Krisenlagen u.a.m.; Verbesserung der Lebens- und Aufnahmebedingungen, u.a. Gleichstellung in der Sozialhilfe und Abschaffung der Abschiebehaft
Question· Große Anfrage13/4393open
Germany · German Bundestag · 17 April 1996
Bilaterale Umsetzung des Aktionsplans von Kairo für den entwicklungspolitischen Bereich: Unterstützung der Frauen in den Entwicklungsländern, reproduktive Gesundheit und Familienplanung, Jugendliche, Migration, Nichtregierungsorganisationen, Privatwirtschaft, multilaterale Umsetzung des ICPD-Aktionsplans, Finanzierung, Follow up der Weltbevölkerungskonferenz 1994
Bill· SS. 1677 (104th)referred
United States · United States Congress · 16 April 1996
Citizenship Promotion Act of 1996 - Amends the Immigration and Nationality Act to establish within the Immigration and Naturalization Service the United States Citizenship Promotion Agency. Transfers to the Agency naturalization and related functions currently carried out by the Attorney General and the Service. Establishes the National Advisory Board on Citizenship. Directs the Agency to carry out naturalization outreach activities. Establishes in the Treasury the Naturalization Examinations Fee Account.
Question· Kleine Anfrage13/4360open
Germany · German Bundestag · 12 April 1996
Möglichkeit der Einstellung von Ausländern bei der Polizei, Bestimmungen für EU-Ausländer, Konzept zur Anwerbung, Ausbildung
Bill· SS. 1664 (104th)open
United States · United States Congress · 10 April 1996
TABLE OF CONTENTS: Title I: Immigration Control Subtitle A: Law Enforcement Subtitle B: Other Control Measures Subtitle C: Effective Dates Title II: Financial Responsibility Subtitle A: Receipt of Certain Government Benefits Subtitle B: Miscellaneous Provisions Subtitle C: Effective Dates Immigration Control and Financial Responsibility Act of 1996 - Title I: Immigration Control - Subtitle A: Law Enforcement - Part 1: Additional Enforcement Personnel and Facilities - Directs the Attorney General to increase the number of Border Patrol agents. Authorizes the increase of Border Patrol support personnel. (Sec. 102) Authorizes appropriations to increase the number of Immigration and Naturalization Service (INS) investigators. (Sec. 103) Provides for an increase in the number of land border inspectors. (Sec. 104) Authorizes appropriations to increase the number of visa overstayer investigators and support personnel. (Sec. 105) Authorizes the Secretary of Labor to increase the number of wage and hour law investigators, with preference for bilingual personnel. (Sec. 106) Provides for an increase in INS detention facilities. (Sec. 107) Provides for a review of INS hiring and training standards. (Sec. 108) Directs the Attorney General to provide for fence construction and road improvements in the San Diego, California, border area. Authorizes appropriations. Part 2: Verification of Eligibility to Work and Receive Public Assistance - Subpart A: Development of New Verification System - Directs the President to develop a system to verify: (1) work eligibility; and (2) immigration status for public assistance eligibility. Sets forth: (1) system requirements; (2) remedies and penalties for unlawful disclosure; (3) employer safeguards; (4) document use restrictions; and (5) liability protections. (Sec. 112) Provides for related demonstration projects, including monitoring and reporting by the Comptroller General. Subpart B: Strengthening Existing Verification Procedures - Sets forth changes in employment-verification document provisions, including: (1) social security account information; (2) types of acceptable documents; (3) birth certificates; and (4) driver's licenses. Directs the Secretary of Health and Human Services to establish a National Center for Health Statistics grant fund to encourage States to develop birth and death certificate matching and related capabilities. Authorizes appropriations. (Sec. 119) Amends the Immigration and Nationality Act (Act) to increase certain employer penalties if specified labor standards violations exist. (Sec. 120) Authorizes the Attorney General to hire additional Assistant United States Attorneys to prosecute cases of unlawful employment of aliens or document fraud. Grants the Secretary of Labor and INS officers related subpoena authority. (Sec. 120B) Directs the Attorney General to establish a task force to improve public education regarding unlawful employment of aliens and unfair immigration-related employment practices. (Sec. 120C) Authorizes additional appropriations for the INS "IDENT" program (fingerprinting of apprehended aliens). Part 3: Alien Smuggling; Document Fraud - Amends Federal criminal law to: (1) authorize INS wiretaps for alien smuggling investigations; and (2) include alien smuggling and certain fraudulent document use provisions within the parameters of the Racketeer Influenced and Corrupt Organizations statute (RICO). (Sec. 123) Amends the Act to increase criminal penalties for alien smuggling. (Sec. 124) Permits deportation-related videotaped witness testimony under specified circumstances. (Sec. 125) Expands seizure and forfeiture authority for alien smuggling, document fraud violations, and unlawful employment of aliens. (Sec. 127) Revises and establishes penalty provisions for specified document-related violations. (Sec. 133) Amends Federal criminal law to increase penalties for involuntary servitude. Requires the United States Sentencing Commission to review related sentencing guidelines. Part 4: Exclusion and Deportation - Amends the Act to authorize the return of an alien arriving from a foreign territory contiguous to the United States to such territory pending further inquiry of admissibility. Authorizes the Attorney General to order the exclusion or deportation of an alien with or without referral to or from a special inquiry officer under specified circumstances, including vessel-related encounters or extraordinary migration situations (arrival of aliens in numbers of circumstances that exceed inspection capacities). Sets forth such special orders' operational and administrative provisions. (Sec. 142) Revises judicial review of orders of exclusion or deportation. (Sec. 143) Establishes civil penalties for failure to depart. Makes visa overstayers (with exceptions) ineligible for additional visas for specified time periods. (Sec. 144) Authorizes deportation proceedings by electronic means. (Sec. 145) Grants subpoena authority in exclusion or deportation proceedings. (Sec. 147) Denies visas to nationals of a country that refuses (or unduly delays) acceptance of its U.S.-deported nationals. (Sec. 148) Authorizes additional appropriations to the INS for deportation and related detention costs. (Sec. 149) Directs the Attorney General to conduct one or more pilot programs to increase deportation and exclusion efficiency. Authorizes appropriations. (Sec. 150) Revises suspension of deportation, status adjustment, and voluntary departure provisions. (Sec. 151) Defines "stowaway." Makes such persons excludable but with appealable rights to request asylum or withholding of deportation. Sets forth related carrier cost liability and detention requirements. (Sec. 152) Directs the Attorney General to establish pilot programs for: (1) deterrence of multiple unauthorized entries by aliens into the United States, including the use of interior or third country repatriation; and (2) use of closed military bases as deportable or excludable alien detention centers. (Sec. 154) Requires aliens seeking permanent residence to be immunized against vaccine-preventable diseases. (Sec. 155) Establishes certification requirements for aliens seeking U.S. health care employment (other than physicians). (Sec. 156) Lengthens the period of reentry ineligibility for deported or removed aliens. (Sec. 157) Eliminates "consular shopping" for visa overstayers. (Sec. 158) Makes "incitement" a basis for U.S. exclusion. Part 5: Criminal Aliens - Amends the Act to revise the definition of "aggravated felony." (Sec. 162) Makes an aggravated felon ineligible for status adjustment. Sets forth related provisions regarding: (1) deportation and enforceable rights; (2) custody release; and (3) an additional criminal penalty for unlawful U.S. reentry. (Sec. 165) Revises the categories of convicted aliens and the related procedures for U.S. district court judicial deportations. Permits State court findings of deportability under specified circumstances. Makes conforming amendments to: (1) the Immigration Act of 1990; and (2) the Violent Crime Control and Law Enforcement Act of 1994. (Sec. 166) Provides for a stipulated order of exclusion or deportation. (Sec. 167) Amends Federal criminal law to authorize deportation as a condition to probation under specified circumstances. (Sec. 168) Directs the Attorney General to submit an annual report on criminal aliens. (Sec. 169) Authorizes INS to conduct undercover investigations. (Sec. 170) Provides for the President to negotiate or renegotiate bilateral (alien) prisoner transfer treaties, including provision of compensation. (Sec. 170A) Directs the Secretary of State and the Attorney General to conduct a prisoner transfer treaties study. (Sec. 170D) Authorizes the Attorney General to conduct a demonstration project for identification of illegal aliens in local prisons, including the detailing of an INS specialist to Anaheim, California, to help in such training. Part 6: Miscellaneous - Amends the Act to make Federal agencies eligible for immigration emergency fund reimbursement. Amends Federal law to provide for Federal vessel movement controls in instances of anticipated or actual mass migration of aliens to the United States. Amends the Act to authorize the Attorney General to delegate immigration enforcement authority to State and local officials under such circumstances. (Sec. 173) Provides for: (1) a joint study of automated data collection at ports of entry; and (2) development of an automated (alien) entry-exit control system. (Sec. 178) Authorizes INS: (1) use of volunteers; and (2) acquisition of Federal equipment for border use. (Sec. 180) Amends the Act to place specified limitations on: (1) court jurisdiction in legalization litigation; and (2) status adjustment. (Sec. 182) Requires the Attorney General to report on alien detention space, including an estimate of the number of released deportable or excludable aliens. (Sec. 183) Sets forth special inquiry officer (immigration judge) compensation provisions. (Sec. 184) Amends the Act to authorize the Attorney General to accept State services to carry out immigration enforcement activities. (Sec. 185) Increases the number of "witness cooperation" visas. Subtitle B: Other Control Measures - Part 1: Parole Authority - Amends the Act to make parole authority useable on a case-by-case basis for humanitarian reasons or significant public benefit. (Sec. 191) Includes parolees in world-wide level of family-sponsored immigrants. Part 2: Asylum - Restricts asylum provisions, including work authorization. (Sec. 196) Authorizes the Attorney General, in order to reduce the asylum backlog, to temporarily: (1) use additional funds for property acquisition; and (2) hire Federal retirees. Part 3: Cuban Adjustment Act - Repeals the Cuban Adjustment Act. Subtitle C: Effective Dates - Sets forth specified effective dates. Title II: Financial Responsibility - Subtitle A: Receipt of Certain Government Benefits - Prohibits public assistance and benefits, with specified exceptions, to an alien who is not a permanent resident, a refugee, a parolee, an asylee, or an alien under withheld deportation. Prohibits unemployment benefits and benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to an alien who does not have work authorization. Requires the Secretary of Housing and Urban Development to report with respect to enforcement of specified alien housing assistance restrictions. (Sec. 202) Defines "public charge" for deportation purposes. (Sec. 203) Sets forth sponsor affidavit of support requirements. (Sec. 204) Attributes a sponsor's income and resources to the sponsored alien for purposes of (such alien's) public assistance eligibility. Permits similar State and local attribution. (Sec. 205) Requires the Secretary of Education and the Commissioner of Social Security to jointly report on the Department of Education's higher education assistance eligibility matching program. (Sec. 206) Authorizes States and localities to limit assistance to aliens and distinguish among classes of aliens in providing general public assistance. (Sec. 207) Denies the earned income tax credit to individuals who are not citizens or lawful permanent resident aliens. (Sec. 208) Amends Federal criminal law to increase penalties for forging or counterfeiting a Federal agency or department seal to facilitate alien benefit fraud. (Sec. 209) Amends the Social Security Act to authorizes States to place Medicaid anti-fraud investigators in hospitals. Subtitle B: Miscellaneous Provisions - Directs the Attorney General to reimburse States and localities for emergency medical services for specified aliens. (Sec. 213) Authorizes pilot projects for: (1) additional border crossing fees; and (2) expanded U.S.-Canadian port of entry hours and automated permit machines. Subtitle C: Effective Dates - Sets forth effective dates for provisions of this Act.
Bill· SS. 1665 (104th)open
United States · United States Congress · 10 April 1996
TABLE OF CONTENTS: Title I: Immigrants Title II: Nonimmigrants Title III: Miscellaneous Provisions Title IV: Effective Date Legal Immigration Act of 1996 - Title I: Immigrants - Subtitle A: Changes in Immigrant Classifications - Amends the Immigration and Nationality Act (Act) to revise the preference allocation for family sponsored immigrants as follows: (1) spouses and children of permanent resident aliens; (2) unmarried sons and daughters of citizens; (3) married sons and daughters of citizens; (4) unmarried sons and daughters of permanent resident aliens; and (5) brothers and sisters of citizens. Establishes a special visa allocation rule during the temporary family backlog reduction program. Directs the Secretary of State to study and report on the sibling visa backlog. (Sec. 102) Repeals the unskilled immigrant preference category. (Sec. 104) Restricts judicial review of visa determinations. (Sec. 105) Makes conforming amendments to the Act and other Federal law. (Sec. 106) Sets forth transition provisions. Subtitle B: Changes in Numerical Limitations on Immigrants - Amends the Act to: (1) reduce worldwide numerical limitations on admissions of family sponsored and diversity immigrants; and (2) revise limitations on immigrants from a single foreign state. (Sec. 114) Sets forth transition visa allocation rules for certain backlogged: (1) spouses and children of permanent resident aliens; and (2) brothers and sisters of citizens. Title II: Nonimmigrants - Amends the Act to revise (H-1b visa) provisions regarding specialty occupation or fashion model nonimmigrants with respect to: (1) employer investigations and penalties; (2) wages; and (3) the definition of an H-1b dependent employer. (Sec. 202) Extends the visa waiver pilot program. Revises probationary status provisions. Title III: Miscellaneous Provisions - Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 to repeal (with a transition period) the Amerasian (Vietnamese-American) admission program as of October 1, 1997. (Sec. 302) Amends the Act to subject aliens who entered without inspection to the ten-year residence requirement for suspension of deportation benefits. (Sec. 303) Makes economic espionage or piracy of intellectual property grounds for exclusion. (Sec. 304) Requires international matchmaking organizations (mail-order marriages) doing business in the United States to provide recruits with immigration information. Directs the Attorney General to study such operations and related issues of fraud and domestic abuse. Title IV: Effective Date - Sets forth the effective date of amendments made by this Act.
Question· Kleine Anfrage13/4319open
Germany · German Bundestag · 9 April 1996
Festnahme von Abgeschobenen in der Türkei, Gegenmaßnahmen
Question· Kleine Anfrage13/4318open
Germany · German Bundestag · 4 April 1996
Abschiebungen von sieben Straftätern seit März 1995 und deren Behandlung in der Türkei
Question· Kleine Anfrage13/4296open
Germany · German Bundestag · 1 April 1996
Anzahl und Todesumstände der an den deutschen Grenzen tot aufgefundenen Flüchtlinge in den Jahren 1993 bis 1995
Record· CJCELEX 61994CJ0243decided
European Union · Court of Justice of the European Union · 28 March 1996
Question· Fragestunde13/4202open
Germany · German Bundestag · 22 March 1996
Question· Große Anfrage13/4188open
Germany · German Bundestag · 22 March 1996
Gesamtzahl der Angehörigen deutscher Minderheiten in den Staaten Mittel- und Osteuropas und den Nachfolgestaaten der Sowjetunion, Förderung durch den Beauftragten der Bundesregierung für Aussiedlerfragen beim BMI, Nutzung von Mittlerorganisationen, insbesondere Bund der Vertriebenen, Finanzierung der Tätigkeit des Vorsitzenden der ukrainischen "Wiedergeburt", Heinrich Groth, aus Bundesmitteln, Haltung der Bundesregierung zur doppelten Staatsbürgerschaft mit Polen, Reaktionen der russischen Mehrheitsbevölkerung auf die Förderung der deutschen Minderheit, Pläne zur Wiedererrichtung der Wolgarepublik, Aussiedler- und Spätaussiedlerzuzug aus der ehemaligen Sowjetunion seit 1990, Erhöhung der Auslandsmittel des BMI 1996, Entwicklung der Aussiedlerpolitik, Integration der Spätaussiedler
Question· Kleine Anfrage13/4179open
Germany · German Bundestag · 15 March 1996
Ermittlungen im Fall des Brands in einer Lübecker Asylunterkunft im Januar 1996, eventueller rechtsextremistischer Hintergrund
Bill· SS. 1616 (104th)referred
United States · United States Congress · 14 March 1996
Directs the Secretary of State and the Attorney General to jointly establish a visa waiver pilot program for Korean nationals traveling in tour groups to the United States. Specifies requirements for such waiver.
Resolution· HRESH.Res. 384 (104th)passed
United States · United States Congress · 14 March 1996
Sets forth the modified closed rule for the consideration of H.R. 2202 (illegal immigration deterrence).
Motion· Antrag13/4117rejected
Germany · German Bundestag · 14 March 1996
Einstellung jeglicher Lieferung militärischer Güter an die Türkei, friedliche Lösung des Konflikts mit den Kurden, Bleiberecht für Kurden in der Bundesrepublik Deutschland, asylrechtliche Anerkennung als Gruppenverfolgte, Anerkennung als eigenständige Volksgruppe und Umsetzung der kulturellen Minderheitenrechte
Report· CCCELEX 61994CC0278decided
European Union · Court of Justice of the European Union · 14 March 1996
Bill· HRH.R. 3081 (104th)open
United States · United States Congress · 13 March 1996
Health Centers Consolidation Act of 1996 - Amends the Public Health Service Act to revise provisions concerning health centers (currently, community health centers), definitions relating to such centers, and the services provided by such centers. Authorizes the Secretary of Health and Human Services to make planning, operating, and infant mortality grants for health centers that provide required primary health services and additional health services to medically underserved and special medically underserved populations (migrant and seasonal agricultural workers, the homeless, and public housing residents). Directs the Secretary to give priority in making grants to health centers in which there is a substantial incidence of infant mortality or a significant increase in the incidence of infant mortality. Specifies that grant amounts for any fiscal year may not exceed: (1) total State, local, and other operational funding for a center; and (2) fees, premiums, and third-party reimbursements received for operations by the center in such fiscal year. Authorizes appropriations. Requires the Office of Rural Health Policy of the Health Resources and Services Administration to administer the rural health services outreach demonstration grant program. Authorizes appropriations.
Question· Kleine Anfrage13/4157open
Germany · German Bundestag · 13 March 1996
Asylanerkennungsquote bei Kurden, Anzahl der 1995 aufgrund des deutsch-türkischen Abschiebeabkommens vom 10.3.1995 an die Türkei überstellten Kurden
Motion· Antrag13/4084rejected
Germany · German Bundestag · 13 March 1996
Mandat des Flüchtlingskommissariats, Aufgabe: Koordinierung von Aufnahmekapazitäten, -kontingenten, Aufenthaltsstatus sowie Modalitäten einer späteren Rückkehr in die Herkunftsregion
Bill· HRH.R. 3062 (104th)open
United States · United States Congress · 12 March 1996
Amends the Immigration and Nationality Act to authorize the Attorney General to accept State services to carry out deportation functions.
Bill· HRH.R. 3071 (104th)open
United States · United States Congress · 12 March 1996
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: Removal Procedures for Alien Terrorists Title VII: Authorization and Funding Title VIII: Miscellaneous Effective Counterterrorism Act of 1996 - 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. Defines "terrorist organization" as a foreign organization designated in the Federal Register as a terrorist organization by the Secretary of State based upon a finding that the organization engages in, or has engaged in, terrorist activity that threatens U.S. national security. Establishes a process for making such designation. Sets forth provisions regarding judicial review, congressional and other authority to remove such designation, and sunset provisions. (Sec. 103) Modifies a provision setting penalties for providing material support to terrorists, including by: (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) Sets penalties for: (1) receiving material support from terrorist organizations or countries supporting terrorism; (2) acts of terrorism against children; and (3) conspiring to kill kidnap, maim, or injure people in (currently, limited to injuring property of) a foreign government. (Sec. 107) 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. 108) Modifies provisions regarding the use of weapons of mass destruction to include threats to use such weapons and to specify that: (1) to violate such provisions, such use must be without lawful authority; and (2) the results of such use must affect 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 (of up to life imprisonment) 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. 109) Adds terrorism offenses to the money laundering statute. (Sec. 110) Expands Federal jurisdiction over bomb threats. (Sec. 111) 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. 112) Prohibits the possession, or pledge or acceptance as security for a loan, of stolen explosive materials moving in interstate or foreign commerce. 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) Subjects whoever knowingly transfers explosive materials, knowing 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. Title III: Investigative Tools - Requires the Secretary of the Treasury (Secretary) 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. Prohibits such study from including black powder or smokeless powder among the materials it concerns. (Sec. 302) Amends the Federal criminal code to require providers of wire or electronic communication services to preserve record evidence. (Sec. 303) Provides that, except for good cause, a continuance on motion of: (1) the person in a detention hearing may not exceed five days; and (2) the attorney for the Government may not exceed three days (as under current law), excluding any intermediate Saturday, Sunday, or legal holiday. (Sec. 304) 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. 305) 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. 306) 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 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: 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. 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, and rules of evidence; (4) treatment of classified information; and (5) appeals. 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 National Institute of Justice 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. (Sec. 704) Authorizes appropriations for each of FY 1996 through 2000 to the Federal Bureau of Investigation (FBI) to: (1) hire additional personnel and procure equipment to support expanded investigations of domestic and international terrorism activities; (2) establish a Domestic Counterterrorism Center to coordinate and centralize Federal, State, and local law enforcement efforts in response to major terrorist incidents and to serve as a clearinghouse for all domestic and international terrorism information and intelligence; and (3) cover costs associated with providing law enforcement coverage of public events offering the potential of being targeted by domestic or international terrorists. Title VIII: Miscellaneous - Directs the Secretary 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: (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. 805) 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.
Question· Kleine Anfrage13/4143open
Germany · German Bundestag · 12 March 1996
Anzahl der Ermittlungsverfahren, U-Haft, Verurteilungen, verletzte bzw. getötete Personen
Bill· Gesetzgebung13/4981rejected
Germany · German Bundestag · 8 March 1996
<b>Inhalt:</b> Änderung § 99 Ausländergesetz: Regelung der Anrechnung von Zeiten eines rechtmäßigen Aufenthalts ehemaliger DDR-Vertragsarbeitnehmer und anderer Ausländer der DDR auf die achtjährige Frist der Aufenthaltsbefugnis bis zur Erteilung einer unbefristeten Aufenthaltserlaubnis. Den öffentlichen Haushalten entstehen keine Kosten. <br><br><b>Nebenschlagwörter:</b> Neue Bundesländer/Anrechnung von Aufenthaltszeiten in der ehemaligen DDR auf die Erteilung einer unbefristeten Aufenthaltserlaubnis für Ausländer * Aufenthaltserlaubnis/Anrechnung von Aufenthaltszeiten in der ehemaligen DDR auf die Erteilung einer unbefristeten Aufenthaltserlaubnis für Ausländer
Bill· SS. 1599 (104th)referred
United States · United States Congress · 7 March 1996
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Question· Kleine Anfrage13/4140open
Germany · German Bundestag · 7 March 1996
Kompetenzen von Bundesgrenzschutz und Sicherheitsdiensten bei Abschiebungen
Motion· Antrag13/4004rejected
Germany · German Bundestag · 7 March 1996
Vermittlungsinitiative zur Beendigung des Krieges und der Entmilitarisierung des Konflikts, dauerhafte Sicherung der Menschenrechte, Anerkennung der kulturellen, politischen und sozialen Rechte der Kurden, Aufhebung des Verbots kurdischer Vereine und Organisationen, insbesondere der PKK
Question· oralPQ 1asked
Ireland · Dáil Éireann · 6 March 1996
1 Mr. M. Kitt asked the Taoiseach the estimated number of Irish emigrants who have returned to live here in the last five years.
[4854/96]
Bill· SS. 1594 (104th)open
United States · United States Congress · 6 March 1996
TABLE OF CONTENTS: Title I: Omnibus Appropriations Title I (sic): Department of Justice Title II: Department of Commerce and Related Agencies Title III: The Judiciary Title IV: Department of State and Related Agencies Title V: Related Agencies Title VI: General Provisions Title VII: Rescissions Title VIII: Prison Litigation Reform Title I (sic): Fiscal Year 1996 Appropriations Title II: District of Columbia School Reform Subtitle A: District of Columbia Reform Plan Subtitle B: Public Charter Schools Subtitle C: Even Start Subtitle D: World Class Schools Task Force, Core Curriculum, Content Standards, Assessments and Promotion Gates Subtitle E: Per Capita District of Columbia Public School and Public Charter School Funding Subtitle F: School Facilities Repair and Improvement Subtitle G: Residential School Subtitle H: Progress Reports and Accountability Subtitle I: Partnerships with Business Subtitle J: Management and Fiscal Accountability Subtitle K: Personal Accountability and Preservation of School-Based Resources Subtitle L: Establishment and Organization of the Commission on Consensus Reform in the District of Columbia Public Schools Subtitle M: Parent Attendance at Parent-Teacher Conferences Title I (sic): Department of the Interior Title II: Related Agencies Title III: General Provisions Title I (sic): Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Title I (sic): Department of Veterans Affairs Title II: Department of Housing and Urban Development Title III: Independent Agencies Title IV: Corporations Title V: General Provisions Title II (sic): Emergency Supplemental Appropriations for the Fiscal Year Ending September 30, 1996 Title III: Miscellaneous Provisions Title IV: Contingency Appropriations Omnibus Consolidated Rescissions and Appropriations Act of 1996 - Title I (sic): Omnibus Appropriations - Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 - Title I: Department of Justice - Department of Justice Appropriations Act, 1996 - Makes FY 1996 appropriations to the Department of Justice, including funding for the Community Relations Service, the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Immigration and Naturalization Service, and the Federal Prison System. (Sec. 114) Revises provisions of subtitle A (Violent Offender Incarceration and Truth in Sentencing Incentive Grants) of title II (Prisons) of the Violent Crime Control and Law Enforcement Act of 1994. Directs the Attorney General to provide grants to eligible States to build or expand: (1) correctional facilities to increase the prison bed capacity for the confinement of persons convicted of a "part 1 violent crime" (murder, non-negligent manslaughter, forcible rape, robbery, and aggravated assault) or adjudicated delinquent for an act which, if committed by an adult, would be a part 1 violent crime; (2) temporary or permanent correctional facilities, including facilities on military bases, prison barges, and boot camps, for the confinement of convicted nonviolent offenders and criminal aliens for the purpose of freeing suitable existing prison space for the confinement of persons convicted of a part 1 violent crime; and (3) jails. Authorizes States to enter into regional compacts to carry out such provisions, subject to specified limitations. Specifies that an eligible State may receive either a general grant or a truth-in- sentencing incentive grant, with an exception. Sets forth general eligibility requirements. Requires a State, to be eligible for a general grant, to submit an application to the Attorney General that provides assurances that such State has, since 1993, increased the percentage of persons convicted of a part 1 violent crime sentenced to prison, the average prison time actually to be served in prison by such persons, and the average percentage of time of the sentence to be actually served in prison by persons convicted of a part 1 violent crime and sentenced to prison (with an indeterminant sentencing exception). Requires a State, to be eligible for a truth-in-sentencing incentive grant, to submit such an application providing assurances that: (1) such State has implemented truth-in-sentencing laws that require (or has enacted but has not yet implemented such laws that, within three years, will require) persons convicted of a part 1 violent crime to serve not less than 85 percent of the sentence imposed; or (2) if the State practices indeterminate sentencing, such State demonstrates that the average time served equals at least 85 percent of the sentences established for such crimes under the State's sentencing and release guidelines (with exceptions for geriatric prisoners or those whose medical condition precludes them from posing a threat to the public after a public hearing in which representatives of the public and the prisoner's victims have had an opportunity to be heard regarding a proposed release). Sets forth special rules regarding State: (1) sharing of funds with counties and other units of local government; (2) policies providing for the recognition of the rights and needs of crime victims; (3) use of funds to build or expand juvenile correctional facilities or pretrial detention facilities for juvenile offenders; and (4) use of funds for the privatization of correctional facilities. Sets forth: (1) formulas for the Attorney General to apply in determining the amount of funds that may be granted to each eligible State; and (2) accountability requirements. Authorizes appropriations. Sets forth provisions regarding the distribution, limitations on the use of, and matching requirements with respect to, grant funds. Sets forth provisions regarding: (1) payments for incarceration on tribal lands; (2) payments to eligible States for incarceration of criminal aliens (and authorizes appropriations); (3) support of Federal prisoners in non-Federal institutions (and authorizes appropriations); and (4) reports by the Attorney General to the Congress. Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 1996 - Makes appropriations for FY 1996 for the Department of Commerce (Department) and related agencies and activities, including: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission and international trade activities; (3) export administration; (4) the Economic Development Administration; (5) minority business development; (6) economic and statistical analysis and administration; (7) the Bureau of the Census and related activities; (8) the National Telecommunications and Information Administration; (9) public broadcasting facilities, planning, and construction; (10) the Patent and Trademark Office; (11) the National Institute of Standards and Technology and related services and activities; (12) the National Oceanic and Atmospheric Administration (including a transfer of funds); (13) various government trust funds related to ocean and water resources development and activities; (14) technology policy and administration; and (15) the Office of the Inspector General. Rescinds $75 million of amounts available to the National Institute of Standards and Technology for the construction of research facilities. (Sec. 201) Allows advance payments to be made for authorized Department activities only upon certification by Department officials that such payments are in the public interest. (Sec. 206) Directs the Secretary or other appropriate agency head, if legislation is enacted to dismantle or reorganize the Department, to report to the appropriations committees within 90 days thereafter a plan for transferring funds provided to the Department in this Act to the appropriate successor organizations. Authorizes the Secretary to use any available funds to carry out the legislation, including voluntary separation incentives if duly authorized. (Sec. 207) Prohibits the use of funds appropriated under this title to implement specified provisions of the Endangered Species Act relating to the determination of endangered or threatened species, except to delist or reclassify species. (Sec. 208) States that the transfer of title of the Rutland City Industrial Complex to Hilinex, Vermont, shall not require compensation to the Government for its share of such property. (Sec. 209) Directs the Secretary to: (1) commence and complete a demolition of existing structures and an environmental cleanup of the Central Foundry Property in Holt, Alabama; and (2) transfer such property to the Tuscaloosa County Industrial Development Authority. (Sec. 210) Requires any costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title to be absorbed within the total budgetary resources available to such department or agency. Title III: The Judiciary - Judiciary Appropriations Act, 1996 - Appropriates FY 1996 funds for activities of the Judiciary, including: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the Courts of Appeals, district courts, and other judicial services; (5) the Administrative Office of the United States Courts (Administrative Office); (6) the Federal Judicial Center; (7) Judicial Retirement Funds; and (8) the United States Sentencing Commission. (Sec. 305) Revises provisions regarding judicial conferences of the circuits to allow (current law requires) the chief judge to summon judges to and preside at, and every judge to attend and remain throughout, such conferences. Title IV: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1996 - Appropriates funds for FY 1996 for the Department of State and related agencies, activities, and programs, including: (1) diplomatic and consular programs; (2) the Capital Investment Fund; (3) the Office of the Inspector General; (4) payments to the Foreign Service Retirement and Disability Fund; (5) contributions to international organizations, peacekeeping activities, conferences and commissions; (6) a grant to the Asia Foundation; (7) the Arms Control and Disarmament Agency (ACDA); (8) the United States Information Agency (USIA); (9) the Eisenhower Exchange Fellowship Program Trust Fund; (10) the Israeli Arab Scholarship Program; (11) the American Studies Collections Endowment Fund; (12) international broadcasting operations, including broadcasting to Cuba; and (13) the National Endowment for Democracy. (Sec. 401) Sets forth authorized and prohibited uses of funds appropriated under this Act. (Sec. 404) Requires the Secretary of State and the Directors of USIA and ACDA, within 90 days after the enactment of legislation consolidating, reorganizing, or downsizing the functions of such department and agencies, to submit to the appropriations committees a proposal for transferring or rescinding funds appropriated herein for such consolidated functions. Authorizes such officials to use any available funds to cover the consolidation costs required by such legislation, including voluntary separation incentives duly authorized. (Sec. 407) Amends the Eisenhower Exchange Fellowship Act to extend its Au Pair programs through FY 1999. (Sec. 408) Repeals Federal provisions limiting the use of endowment trust income under the Eisenhower Exchange Fellowship Act. (Sec. 409) Expresses the sense of the Senate that no funds made available under this Act should be used for the deployment of combat- equipped U.S. military personnel for any ground operations in Bosnia and Herzegovina, except in specific limited circumstances. Title V: Related Agencies - Appropriates funds for FY 1996 for: (1) the Maritime Administration of the Department of Transportation; (2) the Commission for the Preservation of America's Heritage Abroad; (3) the Commission on Civil Rights; (4) the Commission on Immigration Reform; (5) the Commission on Security and Cooperation in Europe; (6) the Equal Employment Opportunity Commission; (7) the Federal Communications Commission; (8) the Federal Maritime Commission; (9) the Federal Trade Commission; (10) the Japan- United States Friendship Commission; (11) the Legal Services Corporation; (12) the Marine Mammal Commission; (13) the Martin Luther King, Jr. Federal Holiday Commission; (14) the Securities and Exchange Commission; (15) the Small Business Administration; (16) certain accounts and revolving funds; and (17) the State Justice Institute. (Sec. 501) Places limitations on the use of funds by the Legal Services Corporation. Directs the Corporation to: (1) implement a system of competitive awards of grants and contracts that will apply to all contracts for the delivery of legal assistance awarded by the Corporation after March 31, 1996; and (2) promulgate regulations to implement a competitive selection process for the recipients of such grants and contracts. Prohibits the Corporation from: (1) engaging in litigation that is in any way intended to or has the effect of altering or revising any legislative, judicial, or elective district; (2) attempting in any way to influence the issuance of any executive order or regulation or the passage or defeat of any legislation; (3) bringing a class action suit against the Federal Government or any State; (4) providing assistance to any alien unless the alien is lawfully present in this country or meets other specified requirements; (5) supporting or conducting programs to advocate particular public policies or encourage political activities; or (6) participating in any litigation with respect to abortion or any prisoner. Sets forth prohibited uses of funds appropriated to the Corporation. Directs the Corporation to report every 60 days to the appropriations committees setting forth the status of certain legal assistance cases and matters brought through the Corporation. Requires an audit (containing specified information) to be conducted of each person or entity receiving financial assistance from the Corporation. Allows the Corporation access to appropriate legal and financial documents for purposes of such audits, while requiring appropriate confidentiality. Requires such audits for fiscal years beginning on or after January 1, 1996. (Sec. 510) Provides authorized funds transfers, and transfer limits, for appropriations made to the Small Business Administration. Title VI: General Provisions - Sets forth authorized and prohibited uses of funds appropriated by this Act. (Sec. 607) Expresses the sense of the Congress that equipment and products purchased with funds from this Act should be American-made. (Sec. 611) Prohibits the use of funds from this Act to provide specified amenities or personal comforts in the Federal prison system. (Sec. 614) Amends the Federal criminal code to terminate the Advisory Corrections Council. (Sec. 615) Requires costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title to be absorbed within the total budgetary resources available to such department or agency. (Sec. 616) Repeals provisions of the Balanced Budget Downpayment Act, I which, among other things: (1) appropriate necessary amounts at a rate of operations provided for in the conference report on the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, subject to exceptions; and (2) stipulate that, notwithstanding any other provision of such Act, the rate of operations only for program administration and the continuation of grants awarded in FY 1995 and prior years may be increased up to a level of 75 percent of the final FY 1995 appropriated amount for the Advanced Technology Program of the National Institute of Standards and Technology, and the Ounce of Prevention Council, Drug Courts, Global Learning and Observations to Benefit the Environment, and Cops on the Beat Program. Title VII: Rescissions - Rescinds specified funds from unobligated balances within certain accounts of: (1) the Department of Justice; (2) the State Department; and (3) USIA. Title VIII: Prison Litigation Reform - Prison Litigation Reform Act of 1995 - Revises Federal criminal code provisions regarding remedies for prison crowding to substitute provisions regarding remedies for prison conditions. Prohibits: (1) prospective relief in any civil action regarding prison conditions from extending further than necessary to correct the violation of the Federal right of particular plaintiffs; and (2) the court from granting or approving any such relief unless that relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation. Directs the court to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Prohibits the court from ordering prospective relief that requires or permits a government official to exceed his or her authority under, or that otherwise violates, State or local law, unless: (1) Federal law permits such relief to be ordered in violation of State or local law; (2) the relief is necessary to correct the violation of a Federal right; and (3) no other relief will correct the violation of the Federal right. Authorizes the court to enter a temporary restraining order or an order for preliminary injunctive relief, which shall automatically expire 90 days after its entry, with exceptions. Directs the court to give substantial weight to any adverse impact on public safety or operation of a criminal justice system caused by the preliminary relief, and to respect principles of comity in tailoring any such relief. Prohibits a prisoner release order from being entered unless: (1) a court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the Federal right and the defendant has had a reasonable amount of time to comply with the previous court orders; and (2) it is entered by a three-judge court, which finds by clear and convincing evidence that crowding is the primary cause of the violation and no other relief will remedy it. Sets forth provisions regarding: (1) termination or modification of relief; (2) settlements; (3) State law remedies; (4) procedure for motions affecting prospective relief; and (5) the use of special masters. (Sec. 803) Amends the Civil Rights of Institutionalized Persons Act to require the Attorney General to personally sign any complaint filed, or any certification or motion to intervene made, to initiate a civil action under the Act. Revises provisions of the Act to prohibit any action from being brought by a prisoner with respect to prison conditions until available administrative remedies 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 to dismiss any such action 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 (and authorizes the court, in such instances, to dismiss the underlying claim without first requiring exhaustion of administrative remedies). Sets forth provisions regarding: (1) limits on the award of attorney's fees; (2) limits on recovery; (3) hearings; and (4) waiver of reply. (Sec. 804) Amends the Federal judicial code to require a prisoner: (1) 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, obtained from the appropriate official of each institution at which the prisoner is or was confined; and (2) 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) successive claims; (2) judicial screening of complaints in civil actions brought by prisoners against governmental entities; and (3) limits of Federal tort claims by prisoners. (Sec. 807) Requires any compensatory damages award to a prisoner in connection with a civil action brought against any Federal, State, or local correctional facility or official or agent thereof to be paid directly to satisfy any outstanding restitution orders pending against the prisoner, with the remainder forwarded to the prisoner. (Sec. 808) Provides for notice to crime victims of pending damage awards. (Sec. 809) 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 towards 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 enactment of this Act shall vest on the date the prisoner is released from custody. Title I (sic): Fiscal Year 1996 Appropriations - District of Columbia Appropriations Act, 1996 - Makes appropriations for the District of Columbia Government for FY 1996, including funds for: (1) the Federal payment ($660 million); (2) the Federal contribution to the Police Officers and Fire Fighters', Teachers', and Judges' Retirement Funds ($52.07 million); and (3) the Federal contribution to education reform ($14.93 million). Appropriates specified sums for the District of Columbia out of the District of Columbia general fund for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) education reform; (6) human support services; (7) public works; (8) repayment of specified loans and interest; (9) repayment of the general fund recovery debt; (10) repayment of interest on short-term borrowing; (11) the Rainy Day Fund; (12) the incentive buyout program; (13) outplacement services; (14) capital outlay (including rescissions); (15) the Water and Sewer Enterprise Fund and construction projects; (16) the Lottery and Charitable Games Enterprise Fund; (17) the Cable Television Enterprise Fund; (18) the Starplex Fund; (19) D.C. General Hospital; (20) the D.C. Retirement Board; (21) the Correctional Industries Fund; (22) the Washington Convention Center Enterprise Fund; and (23) the D.C. Financial Responsibility and Management Assistance Authority (Authority). Prohibits the use of revenues from Federal sources to support the Statehood Commission and Statehood Compact Commission. Requires the District to operate a free, 24-hour telephone information service where residents of the area surrounding Lorton prison can obtain information about all prison disturbances. Requires the Mayor of the District to reduce appropriations and expenditures in specified amounts for: (1) nonpersonal services and personal services, including by decreasing rates of compensation for District government employees through the renegotiation of existing collective bargaining agreements and otherwise, if necessary; and (2) boards and commissions. Requires the Chief Financial Officer of the District, on behalf of the Mayor, to adjust appropriations and expenditures for personal and nonpersonal services, together with the related full-time equivalent positions, in accordance with the direction of the Authority to obtain a specified net reduction within or among one or several of the various appropriation headings in this Act. (Sec. 101) Sets forth certain uses of and restrictions on the expenditure of appropriations made by this Act. (Sec. 110) Requires that the annual budget for the District of Columbia government for FY 1997 be transmitted to the Congress by April 15, 1996, or as provided under the District of Columbia Financial Responsibility and Management Assistance Act of 1995. (Sec. 123) Directs the Mayor to submit to the D.C. Council, within 30 days after the end of the first quarter of FY 1996, the FY 1996 revenue estimates. (Sec. 130) Prohibits: (1) Federal funds provided under this Act from being used by the District to provide for salaries, expenses, or other costs associated with the offices of U.S. Senator or U.S. Representatives under the District of Columbia Statehood Constitutional Convention Initiatives of 1979; (2) any funds appropriated under this from being expended for any abortion unless it is necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest; or (3) any funds made available pursuant to this Act from being used to implement or enforce the District Domestic Partner Act (also called the District of Columbia Health Care Benefits Expansion Act of 1992) or any registration system for unmarried, cohabitating couples whether they are homosexual, lesbian, or heterosexual, including registration for the extension of employment, health, or governmental benefits to such couples on the same basis that such benefits are extended to legally married couples. (Sec. 135) Amends the District of Columbia Real Property Tax Revision Act of 1974 to require the D.C. Council, if it extends the time to establish rates of taxation on real property for a tax year, to establish such rates by permanent legislation. Changes the date by which the Council should establish the rates from July 15 to October 15. Applies, during a tax year, the rates of taxation for the prior year if the rates are not established and the Council does not extend the time. Makes the real property tax rates for taxable real property in the District for FY 1996 the same rates in effect for FY 1994. Repeals provisions of the Act which require such rates to be those submitted by the Mayor or the D.C. Council. (Sec. 137) Specifies reporting requirements for: (1) the Mayor (with respect to actions to effect the directives of the Council in this Act with respect to certain spending reductions); (2) the Board of Education; and (3) the University of the District of Columbia. (Sec. 144) Prohibits an agency from filling a position wholly funded by appropriations authorized by this Act which is vacant on October 1, 1995, or which becomes vacant during FY 1996, unless the Mayor or the independent agency submits a proposed resolution of intent to fill the vacant position to the D.C. Council for approval or disapproval. Prohibits any reduction in the number of full-time equivalent positions or any reduction-in-force due to privatization or contracting out if the Authority disallows the full-time equivalent position reduction provided in this Act in meeting the specified ceiling of 35,984 for FY 1996. Allows the appropriate personnel authority to fill a vacant position with a District government employee currently occupying a position that is funded with appropriated funds. Exempts local school-based teachers, officers, teachers' aides, or certain D.C. court personnel. (Sec. 147) Precludes the use of the funds provided in this Act for the renovation of property at 227 7th Street Southeast, Washington, D.C. (commonly known as Eastern Market), except for the regular maintenance and upkeep of its current structure and grounds. (Sec. 149) Modifies D.C. reductions-in-force procedures to allow a personnel authority to establish lesser competitive areas within an agency on the basis of all or a clearly identifiable segment of an agency's mission or a division or major subdivision of an agency. Authorizes each agency head to identify positions for abolishment. Outlines procedures for abolishment of such positions for FY 1996. (Sec. 150) Prohibits the total amount appropriated in this Act under the caption "Division of Expenses" for District operating expenses for FY 1996 from exceeding $4.994 billion, of which $165.339 million shall be from intra-District funds. Allows the Mayor to accept, obligate, and expend Federal, private, and other grants received by the District government that are not reflected in the amounts appropriated in this Act. Prohibits acceptance, obligation, and expenditure of such grants until: (1) the Chief Financial Officer submits to the Authority a report setting forth detailed information regarding such grant; and (2) the Authority reviews and approves such action. Prohibits obligation or expenditure from the general fund or other funds of the District government in anticipation of approval or receipt of such grants not subject to this Act. Requires the Chief Financial Officer to report monthly to the D.C. Council and specified congressional committees on detailed information regarding all of such grants subject to this Act. (Sec. 151) Requires the District, by March 15, 1996, to develop a series of alternative plans for the use and operation of the Lorton Correctional Complex, including plans under which the Complex will be closed, will remain in operation under the District's management, or will be operated under Federal or private management (Sec. 152) Prohibits a person from joining in a petition to a District court for a decree of adoption unless the person is the petitioner's spouse. Allows an unmarried person to file a petition for adoption when no other person joins in the petition or where the co-petitioner is the natural parent of the child. (Sec. 154) Establishes in the Water and Sewer Enterprise Fund: (1) the Operation and Maintenance Account to be used solely for funding the operation and maintenance of the Blue Plains Wastewater Treatment Facility and related waste water treatment works; and (2) an Environmental Protection Agency Grant Account to be used solely for purposes specified under the terms of the grants and appropriations involved. Title II: District of Columbia School Reform - District of Columbia School Reform Act of 1995 - Subtitle A: District of Columbia Reform Plan - Requires the Superintendent of the District of Columbia public schools, with the approval of the Board of Education, to submit a long-term reform plan for the District's school system to the Mayor, the D.C. Council, the District of Columbia Financial Responsibility and Management Assistance Authority, the Commission on Consensus Reform in the District of Columbia public schools (established under subtitle L), and the appropriate congressional committees within 90 days after this Act's enactment and each February 15 thereafter. Requires each plan to be consistent with the financial plan and budget for the District for FY 1996 and each subsequent fiscal year, as the case may be, required under the District of Columbia Financial Responsibility and Management Assistance Act of 1995. Specifies areas to be addressed, measurement and deadline requirements, and goals for the plans, including: (1) improving the health and safety of students; and (2) providing after-school programs offering such activities as arts classes, physical fitness programs, and community service. Subtitle B: Public Charter Schools - Prescribes the process for filing charter petitions with respect to an eligible applicant seeking to: (1) convert an existing District public, private, or independent school into a public charter school; or (2) establish a public charter school in the District. (Sec. 2202) Lists the contents of public charter school petitions, including a description of the proposed scope and size of the school's program, any special area of focus for the school, the employment relationship between the school and its employees, and assurances that the school will seek and maintain accreditation and licensing. Sets forth provisions regarding: (1) the process for approving or denying petitions (permits approval of up to ten petitions for the 1996-1997 academic year and up to five for each year thereafter); (2) duties, powers, and other requirements of such schools (prohibits the schools from charging tuition, fees, or other mandatory payments, except to nonresident students or for field trips or similar activities and requires the schools to be nonsectarian and unaffiliated with a sectarian school or religious institution); (3) the Boards of Trustees of such schools; (4) student admission, enrollment, and withdrawal; (5) transfers, creditable service, and retirement concerns of District public school employees who work for public charter schools; (6) reduced fares on public transportation for the schools' students; and (7) the provision of services, such as facilities maintenance, to public charter schools by the Superintendent of D.C. schools. (Sec. 2210) Considers a public charter school, for any fiscal year, to be a local educational agency (LEA) for purposes of the Elementary and Secondary Education Act of 1965 (ESEA) and makes the school eligible for assistance under ESEA if the ratio of low-income students to all students in the school equals or exceeds the lowest of such ratio for an eligible public school. Provides for the allocation of ESEA assistance between eligible District public charter schools and public schools for FY 1996 through 1998. Requires the Secretary of Education to calculate such allocations for FY 1999 and there after according to a specified formula based on the numbers of low-income students served. Prohibits the Board of Education from directing a public charter school in the school's use of such funds. Exempts the public charter schools from specified ESEA provisions and from District property and sales taxes. Directs each public charter school to elect to be treated as an LEA or a District public school for purposes of specified provisions of the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973. (Sec. 2211) Outlines the powers and duties of eligible chartering authorities. (Sec. 2212) Requires a charter granted to a public charter school to be in force for a five-year period. Allows renewal of such charter for an unlimited number of times (each for a five-year period). (Sec. 2213) Permits an eligible chartering authority that has granted a charter to a public charter school to revoke the charter if the authority determines that the school has committed a violation of applicable laws or a material violation of the conditions, terms, standards, or procedures set forth in the charter. (Sec. 2214) Establishes a Public Charter School Board within the District government. Authorizes appropriations for FY 1996 through 2000. (Sec. 2215) Encourages the following Federal agencies and federally established entities to explore whether it is feasible for the agency or entity to establish one or more public charter schools and to report such determination on the feasibility to the appropriate congressional committees: (1) the Library of Congress; (2) the National Aeronautics and Space Museum; (3) the Drug Enforcement Administration; (4) the National Science Foundation; (5) the Department of Justice; (6) the Department of Defense; (7) the Department of Education; and (8) the Smithsonian Institution, including the National Zoological Park, the National Museum of American History, the John F. Kennedy Center for the Performing Arts, and the National Gallery of Art. Subtitle C: Even Start - Amends ESEA to authorize appropriations for FY 1996 through 2000 for the purpose of carrying out Even Start programs in the District. Requires the Secretary to provide grants, on a competitive basis, to eligible entities to enable them to carry out District Even Start programs that build on the findings of the National Evaluation of the Even Start Family Literacy Program, such as providing intensive services in early childhood education, parent training, and adult literacy or education. Limits such grants to eight for FY 1996, 14 for FY 1997, 20 for each of FY 1998 and 1999, and 20 or such number as the Secretary determines appropriate for FY 2000, taking into account the results of evaluations described in ESEA. Defines "eligible entity" as a partnership composed of at least: (1) a District public school: (2) the LEA in existence on September 1, 1995, for the District, any other public organization, or an institution of higher education as defined in the Higher Education Act of 1965; and (3) a private nonprofit community-based organization. Directs the Secretary to allocate specified amounts of authorized appropriations for District Even Start programs to: (1) enter into a contract with the National Center for Family Literacy for the provision of technical assistance to eligible entities; and (2) provide for evaluations to determine the effectiveness of such programs in providing high quality family literacy services. Subtitle D: World Class Schools Task Force, Core Curriculum, Content Standards, Assessments, and Promotion Gates - Part 1: World Class Schools Task Force, Core Curriculum, Content Standards, and Assessments - Authorizes the Superintendent to award a grant to a World Class Schools Task Force to enable the Task Force to recommend to the Superintendent, the Board of Education, and the District of Columbia Goals Panel: (1) content standards in the core academic subjects that are developed by working with the District community (requires such standards to be developed within 12 months after this Act's enactment); (2) a core curriculum (which includes the teaching of computer skills) developed by working with the D.C. community; (3) district-wide assessments for measuring student achievement in accordance with such content standards; and (4) model professional development programs for teachers using the standards and curriculum. Encourages the Task Force, to the extent practicable, to develop district-wide assessments that permit comparison among: (1) individual D.C. public schools and public charter schools and individual students attending such schools; and (2) students of other nations. (Sec. 2415) Authorizes appropriations for FY 1996. Part 2: Promotion Gates - Requires the Superintendent, within one year of the adoption of the assessments, to establish and implement promotion gates: (1) for mathematics, reading, and writing for at least one grade level from kindergarten through grade four, including at least grade four, and to establish dates for establishing such other promotion gates for other subject areas; (2) with respect to at least one grade level from grades five through eight, including at least grade eight; and (3) with respect to at least one grade level from grades nine through 12, including grade 12. Subtitle E: Per Capita District of Columbia Public School and Public Charter School Funding - Requires the Mayor, for FY 1997 and each fiscal year thereafter, to make annual payments to the Board of Education for the operating expenses of the District public schools and charter schools from the general fund of the District in accordance with a specified formula based on the number of students in public schools and public charter schools. (Sec. 2502) Sets forth provisions which require reports by: (1) each public school and charter school to the Mayor and the Board of Education of the calculation of the number of students enrolled in each grade from kindergarten through grade 12; (2) the Board of Education to the Authority, the Mayor, the D.C. Council, the Consensus Commission, the Comptroller General of the United States, and appropriate congressional committees which summarize the most recent calculations; and (3) the Authority on an independent audit of such initial calculations. (Sec. 2503) Sets forth provisions providing for transition funding for District public charter schools. Subtitle F: School Facilities Repair and Improvement - Part 1: School Facilities - Requires the Administrator of the General Services Administration to enter into a Memorandum of Agreement or Understanding with the Superintendent regarding the terms under which the Administrator will provide technical assistance and related services with respect to District public schools facilities management. Authorizes the Administrator to accept and use a conditioned gift made for the express purpose of repairing or improving the District public schools, except that the Administrator shall not be required to carry out such repairs or improvements unless he or she accepts a donation sufficient to cover the costs of the repairs or improvements. (Sec. 2552) Requires the Mayor and the D.C. Council, within 24 months after the Agreement is signed and in consultation with the Administrator, the Authority, the Board of Education, and the Superintendent to: (1) design and implement a comprehensive long-term program for the repair and improvement, and maintenance and management, of the District public school facilities; and (2) designate a new or existing agency or authority within the District government to administer the program. (Sec. 2553) Authorizes appropriations to the Administrator for FY 1996 for the costs of engineering plans. Part 2: Waivers - Allows voluntary donation of materials and services for the repair and improvement of District school facilities. Waives, with respect to any contractor, subcontractor, and any other group, entity, or individual who donates materials and services for the repair or improvement of a District public school facility, all District fees and all requirements contained in the document entitled "District of Columbia Public Schools Standard Contract Provisions" published by the District public schools for use with construction or maintenance projects for purposes of repair and improvement of such facilities for a period beginning on this Act's enactment date and ending 24 months after such date. Part 3: Gifts, Donations, Bequests, and Devises - Allows a District public school or public charter school to accept directly from any person a gift, donation, bequest, or devise of any property, real or personal, without regard to any District law or regulation. Subtitle G: Residential School - Authorizes the Superintendent to develop a plan that meets specified requirements to establish for the District a residential school for academic year 1997-1998 and to assist in the startup of such school. Authorizes appropriations for FY 1996 to develop the plan and for 1997 for capital costs associated with the startup of the school, including the purchase of real and personal property and the renovation or construction of facilities. Makes the school an eligible institution for the purposes of scholarships awarded under this Act. Subtitle H: Progress Reports and Accountability - Requires the Superintendent to report to the appropriate congressional committees, the Board of Education, the Mayor, the Consensus Commission, and the D.C. Council on the progress of the District public schools toward achieving the goals of the long-term reform plan. (Sec. 2652) Requires the Chairperson of the D.C. Council to report to such committees on legislative and other actions the Council has taken or will take to facilitate the implementation of the goals of such plan. Subtitle I: Partnerships with Business - Requires the Superintendent to provide a grant to a private, nonprofit corporation which shall: (1) establish the District Education and Learning Technologies Advancement Council; (2) in conjunction with the Superintendent, students, parents, and teachers, implement strategies to ensure access to state-of-the-art educational technology within the District public schools and public charter schools; (3) assist the Superintendent in acquiring the necessary equipment, including computer hardware and software, to establish an electronic data transfer system and in training District public school employees in using such equipment; (4) establish the District Employment and Learning Center to serve as a regional institute providing job training and employment assistance; (5) establish initiatives with the District public schools and public charter schools, appropriate governmental agencies, and businesses and other private entities to facilitate the integration of rigorous academic studies with workforce preparation programs in District public schools and public charter schools; (6) establish a consortium for the purpose of establishing a program for the professional development of teachers and school administrators employed by the District public schools and public charter schools; (7) provide matching funds, or in-kind contributions, or a combination thereof, for the purposes of carrying out such duties; and (8) establish the Jobs for District of Columbia Graduates Program to assist District public schools and public charter schools in organizing and implementing a school-to-work transition system to give priority to providing assistance to at-risk and disadvantaged youths. (Sec. 2705) Requires the corporation, to the extent practicable, to provide matching funds, or in-kind contributions, or a combination thereof, for the purposes of carrying out such duties. (Sec. 2708) Authorizes appropriations for FY 1996 through 1998. (Sec. 2709) Terminates on October 1, 1998, the authority to provide assistance to the corporation or any other entity established by it. Expresses the sense of the Congress that: (1) the corporation's activities under this Act should continue to be carried out after such date with resources made available from the private sector; and (2) the corporation should provide oversight and coordination for such activities after such date. Subtitle J: Management and Fiscal Accountability - Requires the Board of Education: (1) to enter into a contract for academic year 1995 through 1996 and each succeeding academic year for the provision of all food services operations and security services for District public schools, unless the Superintendent determines that it is not feasible and provides such reasons in writing to the Board and to the Authority; and (2) for academic year 1995 through 1996, to consult with the Authority on the development of new management and data systems, as well as training of personnel to use and manage the systems in areas of budget, finance, personnel and human resources, management information services, procurement, supply management, and other systems recommended by the Authority. (Sec. 2752) Sets forth provisions with respect to the Board of Education regarding: (1) annual reporting requirements on positions and employees of the D.C. public school system; (2) annual budgets and budget revisions; (3) read-only access to its internal financial management systems and all other data bases to designated staff of the Mayor, the Council, the Authority, and appropriate congressional committees; and (4) development of its FY 1997 budget request. Subtitle K: Personal Accountability and Preservation of School- Based Resources - Prohibits a reduction in the full-time equivalent positions for school-based teachers, principals, counselors, librarians, or other school-based educational positions that were established as of the end of FY 1995, unless the Authority determines, based on student enrollment that: (1) fewer school-based positions are needed to maintain established pupil-to-staff ratios; or (2) reductions in positions for other than school-based employees are not practicable. Defines "school-based educational position" as a position located at a District public school or other position providing direct support to students at such a school such as a position for a clerical, stenographic, or secretarial employee, but not any part-time educational aide position. (Sec. 2802) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to modify the Board of Education's reduction-in-force procedures to prohibit the Board from requiring or permitting nonschool-based personnel or school administrators to be assigned or reassigned to the same competitive level as classroom teachers. (Sec. 2803) Makes the evaluation process and instruments for evaluating District public school employees a nonnegotiable item for collective bargaining purposes. (Sec. 2804) Provides that such an employee shall be: (1) classified as an educational service employee; (2) placed under the Board's personnel authority; and (3) subject to all Board rules. Subtitle L: Establishment and Organization of the Commission on Consensus Reform in the District of Columbia Public Schools - Establishes within the District government a Commission on Consensus Reform in the District of Columbia Public Schools to: (1) identify and suggest ways to remove obstacles to implementation of the long- term reform plan; (2) assist in developing programs that lower the dropout rate and that ensure that public school students achieve basic literacy, critical thinking, and communication skills; (3) assist in developing district-wide skills assessments; (4) make recommendations to improve community, parent, and business involvement in public schools; (5) recommend ways to increase student involvement and attention; and (6) assist in establishing procedures that ensure that every student is provided necessary employment skills, including the development of individual career paths. (Sec. 2854) Requires any student who is required to serve a suspension from classes at a District public school outside the school, to perform community service. (Sec. 2855) Allows the Commission to examine and request the Inspector General of the District of Columbia or the Authority to audit: (1) Board of Education records to ensure, monitor, and evaluate the Board's performance with respect to compliance with the long-term reform plan and such plan's overall educational achievement; and (2) records of any public charter school to assure, monitor and evaluate the performance of the school with respect to the content standards and district-wide assessment. Subtitle M: Parent Attendance at Parent-Teacher Conferences - Authorizes the Mayor to implement a policy which encourages all District residents with children attending a District public school to attend and participate in at least one parent-teacher conference every 90 days during the academic year. Department of the Interior and Related Agencies Appropriations Act, 1996 - Title I (sic): Department of the Interior - Makes appropriations for the FY 1996 operation of the Department of the Interior. Prohibits this Act's funds being spent by the National Park Service for activities in direct response to the United Nations Biodiversity Initiative in the United States. Authorizes the National Park Service (NPS) to transfer NPS funds to State, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations to carry out NPS programs. Directs the National Park Service to conduct a Feasibility Study for a northern access route into Denali National Park and Preserve in Alaska. Restricts or regulates: (1) the use of this Act's research resources funds regarding the Endangered Species Act; and (2) activities and funding relating to the National Biological Survey. Provides funding for the closure of the U.S. Bureau of Mines, transferring specified functions to the Secretary of Energy. Sets forth the uses and limitations for such appropriations, including use of Bureau of Indian Affairs school system funds. Provides for a report concerning Indian tribes and their compliance with provisions of the Indian Gaming Regulatory Act. (Sec. 109) Repeals the Outer Banks Protection Act. (Sec. 118) Sets forth provisions affecting the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands, the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands concerning infrastructure assistance. Title II: Related Agencies - Makes appropriations for FY 1996 for the Department of Agriculture for the Forest Service. Prohibits the use of funds to implement any reorganization or "reinvention" of the Forest Service. Makes appropriations for the Department of Energy for, among other things, fossil energy research and development, the Strategic Petroleum Reserve (SPR), and the SPR Account. Makes appropriations to the Department of Health and Human Services for the Indian Health Service for Indian health services and facilities. Appropriates funds to: (1) the Department of Education for the Office of Elementary and Secondary Education for Indian Education; (2) the Office of Navajo and Hopi Relocation; (3) the Institute of American Indian and Alaska Native Culture and Arts Development; (4) the Smithsonian Institution; (5) construction and improvements at the National Zoological Park; (6) restoration and repair of buildings owned or occupied by the Smithsonian Institution; (7) the National Gallery of Art; (8) the John F. Kennedy Center for the Performing Arts; and (9) the Woodrow Wilson International Center for Scholars. Makes appropriations for: (1) the National Foundation on the Arts and the Humanities; (2) the Institute of Museum Services; (3) the Commission of Fine Arts; (4) National Capital arts and cultural affairs; (5) the Advisory Council on Historic Preservation; (6) the National Capital Planning Commission; (7) the Franklin Delano Roosevelt Memorial Commission; and (8) the U.S. Holocaust Memorial Council. Requires that funds made available in previous years for the Pennsylvania Avenue Development Corporation be available for operating and administrative expenses and for the orderly closure of the Corporation. Rescinds $2.172 million. Sets forth uses and prohibitions on such funds. Title III: General Provisions - Sets forth uses and limitations of funds appropriated by this Act. (Sec. 307) Requires expenditures under this Act to comply with the Buy American Act. Expresses the sense of the Congress that entities receiving Federal assistance should purchase only American-made equipment and products. Prohibits Federal contracts with persons found to have falsely labeled a product with a "Made in America" inscription. (Sec. 312) Prohibits any funds from this Act from being used for the AmeriCorps program. (Sec. 313) Mandates dissolution of the Pennsylvania Avenue Development Corporation. (Sec. 314) Regulates use of any Act's funds for the Interior Columbia Basin Ecosystem Management Project. (Sec. 315) Directs the Secretary of the Interior and the Secretary of Agriculture to implement a fee program to demonstrate the feasibility of user-generated cost recovery for the operation and maintenance of recreation areas or sites and habitat enhancement projects on Federal lands. (Sec. 322) Prohibits, with exceptions, use of this Act's funds to accept or process applications for a patent for any mining or mill site claim located under the general mining laws. (Sec. 324) Prohibits funding the Office of Forestry and Economic Development after December 31, 1995. (Sec. 326) Provides for a land exchange in Washington State. Authorizes appropriations as necessary to carry out this Act. (Sec. 327) Provides for the establishment of the Timber Sales Pipeline Restoration Fund. (Sec. 328) Places limitations on the type of grant awards that can be made by the National Endowment for the Arts. (Sec. 329) Delays the implementation of regulations concerning livestock grazing on lands administered by the Forest Service. (Sec. 330) Increases penalties for the use of a hazardous or injurious device on Federal or Indian lands. (Sec. 331) Prohibits, notwithstanding any other provision of law, the use of funds available to the National Endowment for the Arts pursuant to this Act to promote, disseminate, sponsor, or produce any material or performance that: (1) denigrates the religious objects or religious beliefs of the adherents of a particular religion; or (2) depicts or describes, in a patently offensive way, sexual or excretory activities or organs. Requires that this prohibition be strictly applied without regard to the content or viewpoint of the material or performance. (Sec. 333) Prohibits using this Act's funds to review or modify sourcing areas previously approved under specified provisions of the Forest Resources Conservation and Shortage Relief Act of 1990 or to enforce or implement specified Federal regulations. Prohibits adoption of policies that would restrain domestic transportation or processing of timber from private lands or impose additional accountability requirements on any timber. Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996 - Title I (sic): Department of Labor - Department of Labor Appropriations Act, 1996 - Makes appropriations for FY 1996 for agencies within the Department of Labor. Rescinds unobligated advances to the Employment Security Administration account of the Unemployment Trust Fund. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1996 - Makes appropriations for FY 1996 for agencies within the Department of Health and Human Services. Rescinds existing and makes new appropriations for low income home energy assistance, designating certain of the new appropriations as emergency requirements under the Balanced Budget and Emergency Deficit Control Act of 1985 and making those funds available only on a formal presidential budget request that designates the request as an emergency requirement under that Act. Provides limitations on the use of appropriated funds. (Sec. 207) Requires a transfer of funds for the security protection of the Secretary of Health and Human Services. (Sec. 209) Rescinds amounts for Disease Control, Research, and Training under the Centers for Disease Control and Prevention. Title III: Department of Education - Department of Education Appropriations Act, 1996 - Makes appropriations for FY 1996 for agencies and programs within the Department of Education. Sets forth general provisions relating to the use of appropriated funds. (Sec. 301) Prohibits appropriated funds from being used to transport teachers or students in order to: (1) overcome racial imbalance in any school or school system; or (2) carry out a racial desegregation plan. (Sec. 303) Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in the public schools. Title IV: Related Agencies - Makes appropriations for FY 1996 for the following agencies or programs: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) National Commission on Libraries and Information Science; (7) National Council on Disability; (8) National Education Goals Panel; (9) National Labor Relations Board; (10) National Mediation Board; (11) Occupational Safety and Health Review Commission; (12) Physician Payment Review Commission; (13) Prospective Payment Assessment Commission; (14) Social Security Administration; (15) Railroad Retirement Board; and (16) United States Institute of Peace. Title V: General Provisions - Sets forth provisions on the use of the appropriated funds. (Sec. 505) Prohibits the use of funds to carry out any program of distributing sterile needles for the hypodermic injection of any illegal drug unless the Surgeon General determines that such programs are effective in preventing the spread of HIV and do not encourage the use of illegal drugs. (Sec. 506) Expresses the sense of the Congress that, to the greatest extent practicable, all equipment and funds purchased under this Act should be American-made. (Sec. 507) Imposes a disclosure requirement on grantees receiving Federal funds. (Sec. 508) Prohibits the use of funds to perform abortions except to save the life of the mother or where the pregnancy is the result of rape or incest. (Sec. 509) Permits States to not perform abortions, except where the life of the mother would be endangered if the fetus were carried to term. (Sec. 510) Sets forth limitations on the use of appropriated funds. Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 - Title I (sic): Department of Veterans Affairs - Makes appropriations for FY 1996 to the Department of Veterans Affairs. Provides for the use of such appropriations. Sets forth various administrative provisions, including specified limitations, with respect to availability, transfers, and use of such appropriations. (Sec. 103) Prohibits availability of such appropriations for: (1) purchase of any site for or toward the construction of any new hospital or home (except the appropriations for construction of major or minor projects or the parking revolving fund); and (2) hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement is made to the appropriation at rates fixed by the Secretary of Veterans Affairs. (Sec. 108) Authorizes the Secretary to transfer jurisdiction and control of certain land in Wichita, Kansas, to the Secretary of Transportation. Title II: Department of Housing and Urban Development - Makes appropriations for FY 1996 to the Department of Housing and Urban Development (HUD). Provides for the use of such appropriations. (Sec. 201) Amends the United States Housing Act of 1937 (USHA), as amended by the Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995, to authorize public housing agencies to provide modernization assistance to mixed-income developments. (Sec. 203) Provides for conversion of certain public housing to vouchers. Requires each PHA to: (1) identify any distressed public housing developments that meet specified criteria; and (2) develop and carry out a plan in conjunction with the Secretary for their removal from the PHA inventory and the annual contributions contract, over a period of up to five years (with possible extensions for up to another five years in certain circumstances). Directs the Secretary to make authority available to a PHA to provide section 8 tenant-based assistance to families residing in any development that is removed from the PHA inventory and the annual contributions contract. Requires each conversion plan to require the PHA to notify and counsel families residing in such a development, and ensure that they are offered tenant-based or project-based assistance and relocated, as necessary, to other decent, safe, sanitary, and affordable housing which is, to the maximum extent practicable, housing of their choice. (Sec. 204) Repeals a "take one-take all" requirement under USHA that a housing owner who accepts a Section 8 voucher holder as a tenant must accept all others. Exempts housing unit owners participating in the certificate and voucher programs from certain notice requirements relating to rent increases or termination of their assistance payment contracts with a PHA. Limits certain requirements to the duration of a lease. (Sec. 206) Directs the Secretary to conduct a demonstration program under which up to 30 selected PHAs (including Indian housing authorities) may administer the public or Indian housing program and the section 8 housing assistance payments program in ways which are designed to reduce costs and achieve greater cost-effectiveness in Federal expenditures, provide incentives for heads of households to become economically self-sufficient, and increase housing choices for lower-income families. (Sec. 208) Amends the Multifamily Housing Finance Improvement Act, under the housing and Community Development Act of 1992, to extend the risk-sharing and housing finance agency pilot demonstration programs but reduce the number of units involved in such programs during FY 1996. (Sec. 209) Authorizes the Secretary of HUD to delegate, during FY 1996, to one or more entities the authority to carry out some or all of the Secretary's responsibilities and functions in connection with the foreclosure of HUD-held mortgages under the National Housing Act (NHA). (Sec. 210) Authorizes the Secretary, during FY 1996, to sell or otherwise transfer multifamily mortgages held by the Secretary under the National Housing Act to State housing finance agencies, in connection with the risk-sharing or the housing finance agency pilot demonstration program under the Housing and Community Development Act of 1992, without regard to certain unit limitations. (Sec. 211) Amends section 8 of the USHA to provide for the transfer of budget authority. Directs the Secretary, if a section 8 assistance contract, other than a contract for tenant-based assistance, is terminated, not renewed, or expires, to transfer any budget authority remaining in that contract to another contract, in order to provide continued assistance to eligible families, including those receiving the benefit of the project-based assistance at the time of the termination. (Sec. 212) Makes certain amendments (made by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995) relating to documentation of multifamily refinancings under the National Housing Act effective during FY 1996 and thereafter. (Sec. 213) Directs the Secretary, in FY 1996 and 1997, to initiate a demonstration program with respect to multifamily projects: (1) whose owners agree to participate; (2) whose mortgages are insured under the NHA and assisted under section 8 of the USHA; and (3) whose present section 8 rents are, in the aggregate, exceed the fair market rent of the locality in which the project is located. Requires these programs to be designed to test the feasibility and desirability of the goal of ensuring, to the maximum extent practicable, that the debt service and operating expenses, including adequate reserves, attributable to such multifamily projects can be supported with or without mortgage insurance under the NHA and with or without above-market rents and utilizing project-based assistance or, with the consent of the property owner, tenant-based assistance, while taking into account the need for assistance of low and very low-income families in such projects. Authorizes the Secretary to use arrangements with third parties, under which the Secretary may provide for their assumption of some or all of the Secretary's functions, obligations, and benefits. Sets forth goals and demonstration approaches for such programs. Authorizes the Secretary to: (1) manage and dispose of multifamily properties and multifamily mortgages for properties assisted under section 8 with rents above 110 percent of fair market rents; and (2) delegate to one or more entities the authority to carry out some or all of the Secretary's functions and responsibilities in connection with the foreclosure of mortgages held under the NHA. Authorizes the Secretary, subject to the consent of specified parties, to: (1) remove, relinquish, extinguish, modify, or agree to the removal of any mortgage, regulatory agreement, project-based assistance contract, use agreement, or restriction that had been imposed or required by the Secretary, including restrictions on distributions of income which would interfere with the ability of the project to operate without above market rents; (2) require an owner of a property assisted under the section 8 new construction-substantial rehabilitation program to apply any accumulated residual receipts toward effecting program purposes; (3) enter into contracts to purchase reinsurance, or enter into participations or otherwise transfer economic interest in contracts of insurance or in the premiums paid, or due to be paid, on such insurance to third parties; (4) offer project-based assistance with rents at or below fair market rents for the locality and negotiate other terms acceptable to the Secretary and the project owner; (5) offer to pay all or a portion of the project's debt service, including payments monthly from the appropriate Insurance Fund, for the full remaining term of the insured mortgage; (6) forgive and cancel any mortgage debt insured by the Federal Housing Administration (FHA) that a demonstration program property cannot carry at market rents while bearing full operating costs; and (7) for demonstration program properties that cannot carry full operating costs (excluding debt service) at market rents, approve project-based rents sufficient to carry such full operating costs (and offer to pay the full debt service in the specified manner). Directs the Secretary to develop procedures to provide appropriate and timely notice to local government officials, the community, and the tenants of the project. Limits such demonstration program authority with respect to mortgages to not more than 15,000 units. Prohibits the expansion of such demonstration until specified reports are submitted to the Congress. Appropriates funds for the cost of modifying loans held or guaranteed by the Federal Housing Administration (FHA). (Sec. 217) Requires all remaining obligated and unobligated balances in the Renewal of Expiring Section 8 Subsidy Contracts account on September 30, 1995, to be transferred to and merged with the obligated and unobligated balances, respectively, of the Annual Contributions for Assisted Housing account. (Sec. 218) Directs the Secretary to cancel the indebtedness of the Hubbard Hospital Authority of Hubbard, Texas, of the Groveton Texas Hospital Authority, and of the Hepzibah Public Service District of Hepzibah, West Virginia, relating to specified public facilities loans under title II of the Housing Amendments of 1955. (Sec. 219) Determines the Paul Mirabile Center, San Diego, California, to satisfy HUD continuum care requirements. Treats such Center as entirely residential rental property consisting solely of residential units used exclusively to facilitate the transition of homeless individuals to independent living within 24 months. (Sec. 220) Limits to no more than seven Assistant Secretaries and 77 schedule C and 20 non-career senior executive service employees the number of such Assistant Secretaries and employees in HUD by the end of FY 1996. (Sec. 221) Requires specified funds to be made available to: (1) the County of San Bernardino in California to assist with the expansion of the Los Padrinos Gang Intervention Program and the Unity Home Domestic Violence Shelter (from remaining funds made available to Bethlehem House in Highland, California, for site planning and loan acquisition); and (2) the University of Toledo in Toledo, Ohio, for the renovation and rehabilitation of an industrial building (from specified funds for removal of asbestos from an abandoned public school building in that city). (Sec. 222) Amends the Residential Lead-Based Paint Hazard Reduction Act of 1992 to revise eligibility criteria to determine which housing qualifies for lead-based paint abatement grants. (Sec. 223) Amends USHA to repeal the six-year limitation on the extension period for Federal sharing of utility cost savings with PHAs under the program of annual contributions for operation of low-income housing. (Sec. 223A) Amends NHA, with respect to the housing program for moderate income and displaced families, to extend through FY 1996 the period for mortgage note sales. (Sec. 223B) Amends the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1988 to repeal the prohibition (Frost-Leland) against the use of funds for demolishing certain historic buildings in Dallas and Houston, Texas. (Sec. 223D) Prohibits the use of any funds in this Act: from being used: (1) by the Secretary to impose any sanction or penalty because of the enactment of any State or local law or regulation declaring English as the official language; or (2) for lobbying activities as prohibited by law. (Sec. 223E) Transfers to the Department of Justice all HUD functions, activities, and responsibilities relating to title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and the Fair Housing Act, including any rights guaranteed under the Fair Housing Act and any functions relating to the Fair Housing Initiatives program under the Housing and Community Development Act of 1987, along with adequate personnel and resources allocated to any such activity. (Sec. 224) Prohibits the use of any funds provided in this Act during FY 1996 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of non-frivolous legal action, that is engaged in solely for the purposes of achieving or preventing action by a Government official, entity, or court of competent jurisdiction. (Sec. 225) Prohibits the use of any funds provided in this Act to take any enforcement action with respect to a complaint of discrimination under the Fair Housing Act on the basis of familial status and which involves an occupancy standard established by the housing provider, except to the extent that it is found that there has been discrimination in contravention of the standards provided a specified HUD Memorandum, or until such time that HUD issues a final rule. (Sec. 226) Amends the Housing and Community Development Act of 1974 with respect to the eligibility of housing reconstruction costs for expenditure of Community Development Block Grant funds. Title III: Independent Agencies - Makes appropriations for FY 1996 to the: (1) American Battle Monuments Commission; (2) Community development Financial Institutions Fund; (3) Consumer Product Safety Commission; (4) Corporation for National and Community Service (including transfer of funds); (5) Court of Veterans Appeals; (6) Department of Defense-Civil for cemeterial expenses, Army; (7) Environmental Protection Agency; (8) Executive Office of the President for the Office of Science and Technology Policy; (9) Council on Environmental Quality and Office of Environmental Quality; (10) Federal Emergency Management Agency (FEMA); (11) General Services Administration for the Consumer Information Center; (12) National Aeronautics and Space Administration; (13) National Credit Union Administration for the obligations of the Central Liquidity Facility; (14) National Science Foundation; (15) Neighborhood Reinvestment Corporation; and (16) Selective Service System. Authorizes exemption from categorical pretreatment standards under the Federal Water Pollution Control Act, if specified conditions are met, of an industrial discharger that is a pharmaceutical manufacturing facility which discharged to the Kalamazoo Water Reclamation Plant (an advanced wastewater treatment plant with activated carbon) before enactment of this Act. Requires the Director of FEMA to promulgate a methodology, based on specified criteria, for assessment and collection of fees applicable to persons subject to the FEMA radiological emergency preparedness regulations. Authorizes such fee assessment and collection only during FY 1996. (Sec. 301) Prohibits EPA use of any funds provided in this Act to: (1) carry out any final action by the EPA Administrator or delegate for promulgation of a rule concerning any new standard for radon in drinking water; (2) sign, promulgate, implement or enforce a proposed regulation relating to individual foreign refinery baseline requirements for reformulated gasoline; (3) implement a provision of the Federal Water Pollution Control Act (or any pending EPA action to implement such provision) for denial or restriction of the use of defined areas as disposal sites for dredged or fill material; or (4) implement specified requirements of the Clean Air Act with respect to any moderate nonattainment area in which the average daily winter temperature is below 0 degrees Fahrenheit. Declares that this last prohibition does not preclude EPA assistance to the State of Alaska to make progress toward meeting the carbon monoxide standard in such areas and to resolve remaining issues regarding the use of oxygenated fuels in such areas. (Sec. 305) Provides for the transfer of property and the making of a grant for the creation of the Center for Ecology, Research, and Training in Bay City, Michigan. Title IV: Corporations - Authorizes certain corporations and agencies of HUD to make commitments without regard to fiscal year limitations as necessary to carry out provisions under the Government Corporation Control Act. Allows any collections by such corporations and agencies to be used for new loan or mortgage purchase commitments to the extent provided under this Act, with specified exceptions. Makes funds available for the Office of Inspector General of the Resolution Trust Corporation. Title V: General Provisions - Specifies certain uses, limitations, and prohibitions on uses of funds appropriated by this Act. (Sec. 514) Requires FY 1996 pay raises to be absorbed within the levels appropriated in this Act. (Sec. 516) Expresses the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act should be American-made. (Sec. 517) Prohibits the use of funds to implement any cap on reimbursements to grantees for indirect costs, except as published in a specified Office of Management and Budget Circular. (Sec. 519) Requires the Director of FEMA to sell the disaster housing inventory of mobile homes and trailers, and deposit the proceeds in the Treasury. (Sec. 520) Requires that funds necessary to terminate the Office of Consumer Affairs be made available from funds appropriated to the Department of Health and Human Services for FY 1996. Title II (sic): Emergency Supplemental Appropriations for the Fiscal Year Ending September 30, 1996 - Makes supplemental appropriations to: (1) the Department of Agriculture for the Natural Resources Conservation Service, the Consolidated Farm Service Agency, the Rural Housing and Community Development Service, and the Rural Utilities Service; (2) the Department of Commerce for the Economic Development Administration and the National Oceanic and Atmospheric Administration; (3) the Small Business Administration; (4) the Department of the Army for the Corps of Engineers-Civil; (5) the Department of the Interior for the Bureau of Reclamation, the Bureau of Land Management, the U.S. Fish and Wildlife Service, the National Park Service, the U.S. Geological Service, and the Bureau of indian Affairs; (6) the Department of Agriculture for the National Forest System; (7) the Department of Transportation for the Office of the Secretary, the Federal Highway Administration, the Federal Railroad Administration, and the Federal Transit Administration; (8) the Department of Housing and Urban Development for Community development grants; (9) the Federal Emergency Management Agency for disaster relief; (10) the President for assistance for Eastern Europe and the Baltic States and for foreign military financing for grants for Jordan; (11) the Department of Defense for military personnel, operation and maintenance, procurement, and for the North Atlantic Treaty Organization security investment program. Rescinds specified funds for: (1) missile procurement, other procurement, and research, development, test and evaluation, Air Force. Title III: Miscellaneous Provisions - Permits the President to make available funds for population planning programs under titles II and IV of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996, under specified circumstances. (Sec. 3002) Amends the Interjurisdictional Fisheries Act of 1986 to revise provisions relating to Department of Commerce grants to commercial fishermen for losses resulting from Hurricanes, Hugo, Andrew, or Iniki. (Sec. 3003) Sets forth provisions concerning Bonneville Power Administration refinancing. (Sec. 3005) Sets forth provisions concerning funds apportioned to the State of Vermont for a specified surface transportation program. Title IV: Contingency Appropriations - Makes appropriations, in addition to funds provided elsewhere in this Act to: (1) the Department of Commerce for the National Institute of Standards and Technology; (2) the Department of State for administration of foreign affairs, contributions to international organizations, and contributions for international peacekeeping activities; (3) the Legal Services Corporation; (4) the Department of the Interior for the Bureau of Land Management, the National Park Service, and the Bureau of Indian Affairs; (5) the Department of Energy for energy conservation; (6) the Department of Labor under specified headings found elsewhere in this Act; (7) the department of Veterans Affairs; (8) the Department of Housing and Urban Development; (9) the Environmental Protection Agency; (10) the National Aeronautics and Space Administration; and (11) the National Science Foundation.
Question· Kleine Anfrage13/4058open
Germany · German Bundestag · 6 March 1996
Anzahl der seit 1993 abgeschobenen Flüchtlinge unter Mitwirkung deutscher und ausländischer Fluggesellschaften, Verweigerungsfälle bei der Mitwirkung von Abschiebungen bei Flugpersonal bzw. bei BGS-Beamten, Appell zur Verweigerung der Beihilfe zur Abschiebung
Question· Kleine Anfrage13/4156open
Germany · German Bundestag · 6 March 1996
Beantwortung der Frage des Abgeordneten Such betr. Anwendung unmittelbaren Zwangs, Abschiebepraktiken des Bundesgrenzschutzes
Law· HRH.R. 3019 (104th)open
United States · United States Congress · 5 March 1996
TABLE OF CONTENTS: Title I: Department of Justice Title II: Department of Commerce and Related Agencies Title III: The Judiciary Title IV: Department of State and Related Agencies Title V: Related Agencies Title VI: General Provisions Title VII: Rescissions Title VIII: Prison Litigation Reform Title I (sic): Department of the Interior Title II: Related Agencies Title III: General Provisions Title I (sic): Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Title VI: Additional Appropriations Title I (sic): Department of Veterans Affairs Title II: Department of Housing and Urban Development Title III: Independent Agencies Title IV: Corporations Title V: General Provisions Title II (sic): Emergency Peacekeeping Appropriations Title III: Emergency Supplemental Appropriations Title IV: Contingent Supplemental Appropriations Balanced Budget Down Payment Act, II - Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 - Title I: Department of Justice - Department of Justice Appropriations Act, 1996 - Makes FY 1996 appropriations to the Department of Justice, including funding for the Community Relations Service, the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Immigration and Naturalization Service, and the Federal Prison System. (Sec. 114) Revises provisions of subtitle A (Violent Offender Incarceration and Truth in Sentencing Incentive Grants) of title II (Prisons) of the Violent Crime Control and Law Enforcement Act of 1994. Directs the Attorney General to provide grants to eligible States to build or expand: (1) correctional facilities to increase the prison bed capacity for the confinement of persons convicted of a "part 1 violent crime" (murder, non-negligent manslaughter, forcible rape, robbery, and aggravated assault) or adjudicated delinquent for an act which, if committed by an adult, would be a part 1 violent crime; (2) temporary or permanent correctional facilities, including facilities on military bases, prison barges, and boot camps, for the confinement of convicted nonviolent offenders and criminal aliens for the purpose of freeing suitable existing prison space for the confinement of persons convicted of a part 1 violent crime; and (3) jails. Authorizes States to enter into regional compacts to carry out such provisions, subject to specified limitations. Specifies that an eligible State may receive either a general grant or a truth-in- sentencing incentive grant, with an exception. Sets forth general eligibility requirements. Requires a State, to be eligible for a general grant, to submit an application to the Attorney General that provides assurances that such State has, since 1993, increased the percentage of persons convicted of a part 1 violent crime sentenced to prison, the average prison time actually to be served in prison by such persons, and the average percentage of time of the sentence to be actually served in prison by persons convicted of a part 1 violent crime and sentenced to prison (with an indeterminant sentencing exception). Requires a State, to be eligible for a truth-in-sentencing incentive grant, to submit such an application providing assurances that: (1) such State has implemented truth-in-sentencing laws that require (or has enacted but has not yet implemented such laws that, within three years, will require) persons convicted of a part 1 violent crime to serve not less than 85 percent of the sentence imposed; or (2) if the State practices indeterminate sentencing, such State demonstrates that the average time served equals at least 85 percent of the sentences established for such crimes under the State's sentencing and release guidelines (with exceptions for geriatric prisoners or those whose medical condition precludes them from posing a threat to the public after a public hearing in which representatives of the public and the prisoner's victims have had an opportunity to be heard regarding a proposed release). Sets forth special rules regarding State: (1) sharing of funds with counties and other units of local government; (2) policies providing for the recognition of the rights and needs of crime victims; (3) use of funds to build or expand juvenile correctional facilities or pretrial detention facilities for juvenile offenders; and (4) use of funds for the privatization of correctional facilities. Sets forth: (1) formulas for the Attorney General to apply in determining the amount of funds that may be granted to each eligible State; and (2) accountability requirements. Authorizes appropriations. Sets forth provisions regarding the distribution, limitations on the use of, and matching requirements with respect to, grant funds. Sets forth provisions regarding: (1) payments for incarceration on tribal lands; (2) payments to eligible States for incarceration of criminal aliens (and authorizes appropriations); (3) support of Federal prisoners in non-Federal institutions (and authorizes appropriations); and (4) reports by the Attorney General to the Congress. Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 1996 - Makes appropriations for FY 1996 for the Department of Commerce (Department) and related agencies and activities, including: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission and international trade activities; (3) export administration; (4) the Economic Development Administration; (5) minority business development; (6) economic and statistical analysis and administration; (7) the Bureau of the Census and related activities; (8) the National Telecommunications and Information Administration; (9) public broadcasting facilities, planning, and construction; (10) the Patent and Trademark Office; (11) the National Institute of Standards and Technology and related services and activities; (12) the National Oceanic and Atmospheric Administration (including a transfer of funds); (13) various government trust funds related to ocean and water resources development and activities; (14) technology policy and administration; and (15) the Office of the Inspector General. Rescinds $75 million of amounts available to the National Institute of Standards and Technology for the construction of research facilities. (Sec. 201) Allows advance payments to be made for authorized Department activities only upon certification by Department officials that such payments are in the public interest. (Sec. 206) Directs the Secretary or other appropriate agency head, if legislation is enacted to dismantle or reorganize the Department, to report to the appropriations committees within 90 days thereafter a plan for transferring funds provided to the Department in this Act to the appropriate successor organizations. Authorizes the Secretary to use any available funds to carry out the legislation, including voluntary separation incentives if duly authorized. (Sec. 207) States that the transfer of title of the Rutland City Industrial Complex to Hilinex, Vermont, shall not require compensation to the Government for its share of such property. (Sec. 208) Directs the Secretary to: (1) commence and complete a demolition of existing structures and an environmental cleanup of the Central Foundry Property in Holt, Alabama; and (2) transfer such property to the Tuscaloosa County Industrial Development Authority. (Sec. 219) Requires any costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title to be absorbed within the total budgetary resources available to such department or agency. (Sec. 210) Prohibits funds to develop new fishery management plans approved by a Regional Fishery Management Council until the payment of specified offsetting fees. Title III: The Judiciary - Judiciary Appropriations Act, 1996 - Appropriates FY 1996 funds for activities of the Judiciary, including: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the Courts of Appeals, district courts, and other judicial services; (5) the Administrative Office of the United States Courts (Administrative Office); (6) the Federal Judicial Center; (7) Judicial Retirement Funds; and (8) the United States Sentencing Commission. (Sec. 305) Revises provisions regarding judicial conferences of the circuits to allow (current law requires) the chief judge to summon judges to and preside at, and every judge to attend and remain throughout, such conferences. Title IV: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1996 - Appropriates funds for FY 1996 for the Department of State and related agencies, activities, and programs, including: (1) diplomatic and consular programs; (2) the Capital Investment Fund; (3) the Office of the Inspector General; (4) payments to the Foreign Service Retirement and Disability Fund; (5) contributions to international organizations, peacekeeping activities, conferences and commissions; (6) a grant to the Asia Foundation; (7) the Arms Control and Disarmament Agency (ACDA); (8) the United States Information Agency (USIA); (9) the Eisenhower Exchange Fellowship Program Trust Fund; (10) the Israeli Arab Scholarship Program; (11) the American Studies Collections Endowment Fund; (12) international broadcasting operations, including broadcasting to Cuba; and (13) the National Endowment for Democracy. (Sec. 401) Sets forth authorized and prohibited uses of funds appropriated under this Act. (Sec. 404) Requires the Secretary of State and the Directors of USIA and ACDA, within 90 days after the enactment of legislation consolidating, reorganizing, or downsizing the functions of such department and agencies, to submit to the appropriations committees a proposal for transferring or rescinding funds appropriated herein for such consolidated functions. Authorizes such officials to use any available funds to cover the consolidation costs required by such legislation, including voluntary separation incentives duly authorized. (Sec. 407) Repeals Federal provisions limiting the use of endowment trust income under the Eisenhower Exchange Fellowship Act. (Sec. 408) Expresses the sense of the Senate that no funds made available under this Act should be used for the deployment of combat- equipped U.S. military personnel for any ground operations in Bosnia and Herzegovina, except in specific limited circumstances. (Sec. 409) Requires costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title to be absorbed within the total budgetary resources available to such department or agency. Title V: Related Agencies - Appropriates funds for FY 1996 for: (1) the Maritime Administration of the Department of Transportation; (2) the Commission for the Preservation of America's Heritage Abroad; (3) the Commission on Civil Rights; (4) the Commission on Immigration Reform; (5) the Commission on Security and Cooperation in Europe; (6) the Equal Employment Opportunity Commission; (7) the Federal Communications Commission; (8) the Federal Maritime Commission; (9) the Federal Trade Commission; (10) the Japan-United States Friendship Commission; (11) the Legal Services Corporation; (12) the Marine Mammal Commission; (13) the Martin Luther King, Jr. Federal Holiday Commission; (14) the Securities and Exchange Commission; (15) the Small Business Administration; (16) certain accounts and revolving funds; and (17) the State Justice Institute. (Sec. 501) Places limitations on the use of funds by the Legal Services Corporation. Directs the Corporation to: (1) implement a system of competitive awards of grants and contracts that will apply to all contracts for the delivery of legal assistance awarded by the Corporation after March 31, 1996; and (2) promulgate regulations to implement a competitive selection process for the recipients of such grants and contracts. Prohibits the Corporation from: (1) engaging in litigation that is in any way intended to or has the effect of altering or revising any legislative, judicial, or elective district; (2) attempting in any way to influence the issuance of any executive order or regulation or the passage or defeat of any legislation; (3) bringing a class action suit against the Federal Government or any State; (4) providing assistance to any alien unless the alien is lawfully present in this country or meets other specified requirements; (5) supporting or conducting programs to advocate particular public policies or encourage political activities; or (6) participating in any litigation with respect to abortion or any prisoner. Sets forth prohibited uses of funds appropriated to the Corporation. Directs the Corporation to report every 60 days to the appropriations committees setting forth the status of certain legal assistance cases and matters brought through the Corporation. Requires an audit (containing specified information) to be conducted of each person or entity receiving financial assistance from the Corporation. Allows the Corporation access to appropriate legal and financial documents for purposes of such audits, while requiring appropriate confidentiality. Requires such audits for fiscal years beginning on or after January 1, 1996. (Sec. 510) Provides authorized funds transfers, and transfer limits, for appropriations made to the Small Business Administration. Title VI: General Provisions - Sets forth authorized and prohibited uses of funds appropriated by this Act. (Sec. 607) Expresses the sense of the Congress that equipment and products purchased with funds from this Act should be American-made. (Sec. 609) Prohibits funds from this Act from being used to pay for costs incurred for: (1) opening or operating any U.S. diplomatic or consular post (post) in the Socialist Republic of Vietnam that was not operating on July 11, 1995; (2) expanding any such post that was in operation on such date; or (3) increasing the number of personnel assigned to such post above the level existing on such date, unless the President certifies that the Vietnamese Government is fully cooperating with the United States in activities relating to the investigation and recovery of missing U.S. military personnel from the Vietnam area. (Sec. 611) Prohibits the use of funds from this Act to provide specified amenities or personal comforts in the Federal prison system. (Sec. 614) Amends the Federal criminal code to terminate the Advisory Corrections Council. (Sec. 615) Requires costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title to be absorbed within the total budgetary resources available to such department or agency. Title VII: Rescissions - Rescinds specified funds from unobligated balances within certain accounts of: (1) the Department of Justice; (2) the State Department; and (3) USIA. Title VIII: Prison Litigation Reform - Prison Litigation Reform Act of 1995 - Revises Federal criminal code provisions regarding remedies for prison crowding to substitute provisions regarding remedies for prison conditions. Prohibits: (1) prospective relief in any civil action regarding prison conditions from extending further than necessary to correct the violation of the Federal right of particular plaintiffs; and (2) the court from granting or approving any such relief unless that relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation. Directs the court to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Prohibits the court from ordering prospective relief that requires or permits a government official to exceed his or her authority under, or that otherwise violates, State or local law, unless: (1) Federal law permits such relief to be ordered in violation of State or local law; (2) the relief is necessary to correct the violation of a Federal right; and (3) no other relief will correct the violation of the Federal right. Authorizes the court to enter a temporary restraining order or an order for preliminary injunctive relief, which shall automatically expire 90 days after its entry, with exceptions. Directs the court to give substantial weight to any adverse impact on public safety or operation of a criminal justice system caused by the preliminary relief, and to respect principles of comity in tailoring any such relief. Prohibits a prisoner release order from being entered unless: (1) a court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the Federal right and the defendant has had a reasonable amount of time to comply with the previous court orders; and (2) it is entered by a three-judge court, which finds by clear and convincing evidence that crowding is the primary cause of the violation and no other relief will remedy it. Sets forth provisions regarding: (1) termination or modification of relief; (2) settlements; (3) State law remedies; (4) procedure for motions affecting prospective relief; and (5) the use of special masters. (Sec. 803) Amends the Civil Rights of Institutionalized Persons Act to require the Attorney General to personally sign any complaint filed, or any certification or motion to intervene made, to initiate a civil action under the Act. Revises provisions of the Act to prohibit any action from being brought by a prisoner with respect to prison conditions until available administrative remedies 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 to dismiss any such action 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 (and authorizes the court, in such instances, to dismiss the underlying claim without first requiring exhaustion of administrative remedies). Sets forth provisions regarding: (1) limits on the award of attorney fees; (2) limits on recovery; (3) hearings; and (4) waiver of reply. (Sec. 804) Amends the Federal judicial code to require a prisoner: (1) 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, obtained from the appropriate official of each institution at which the prisoner is or was confined; and (2) 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) successive claims; (2) judicial screening of complaints in civil actions brought by prisoners against governmental entities; and (3) limits of Federal tort claims by prisoners. (Sec. 807) Requires any compensatory damages award to a prisoner in connection with a civil action brought against any Federal, State, or local correctional facility or official or agent thereof to be paid directly to satisfy any outstanding restitution orders pending against the prisoner, with the remainder forwarded to the prisoner. (Sec. 808) Provides for notice to crime victims of pending damage awards. (Sec. 809) 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 towards 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 enactment of this Act shall vest on the date the prisoner is released from custody. Department of the Interior and Related Agencies Appropriations Act, 1996 - Title I: Department of the Interior - Makes appropriations for the FY 1996 operation of the Department of the Interior. Prohibits this Act's funds being spent by the National Park Service for activities in direct response to the United Nations Biodiversity Initiative in the United States. Authorizes the National Park Service (NPS) to transfer NPS funds to State, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations to carry out NPS programs. Directs the National Park Service to conduct a Feasibility Study for a northern access route into Denali National Park and Preserve in Alaska. Restricts or regulates: (1) the use of this Act's research resources funds regarding the Endangered Species Act; and (2) activities and funding relating to the National Biological Survey. Provides funding for the closure of the U.S. Bureau of Mines, transferring specified functions to the Secretary of Energy. Sets forth the uses and limitations for such appropriations, including use of Bureau of Indian Affairs school system funds. Provides for a report concerning Indian tribes and their compliance with provisions of the Indian Gaming Regulatory Act. (Sec. 109) Repeals the Outer Banks Protection Act. (Sec. 118) Sets forth provisions affecting the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands, the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands concerning infrastructure assistance. Title II: Related Agencies - Makes appropriations for FY 1996 for the Department of Agriculture for the Forest Service. Prohibits the use of funds to implement any reorganization or "reinvention" of the Forest Service. Makes appropriations for the Department of Energy for, among other things, fossil energy research and development, the Strategic Petroleum Reserve (SPR), and the SPR Account. Makes appropriations to the Department of Health and Human Services for the Indian Health Service for Indian health services and facilities. Appropriates funds to: (1) the Department of Education for the Office of Elementary and Secondary Education for Indian Education; (2) the Office of Navajo and Hopi Relocation; (3) the Institute of American Indian and Alaska Native Culture and Arts Development; (4) the Smithsonian Institution; (5) construction and improvements at the National Zoological Park; (6) restoration and repair of buildings owned or occupied by the Smithsonian Institution; (7) the National Gallery of Art; (8) the John F. Kennedy Center for the Performing Arts; and (9) the Woodrow Wilson International Center for Scholars. Makes appropriations for: (1) the National Foundation on the Arts and the Humanities; (2) the Institute of Museum Services; (3) the Commission of Fine Arts; (4) National Capital arts and cultural affairs; (5) the Advisory Council on Historic Preservation; (6) the National Capital Planning Commission; (7) the Franklin Delano Roosevelt Memorial Commission; and (8) the U.S. Holocaust Memorial Council. Requires that funds made available in previous years for the Pennsylvania Avenue Development Corporation be available for operating and administrative expenses and for the orderly closure of the Corporation. Sets forth uses and prohibitions on such funds. Title III: General Provisions - Sets forth uses and limitations of funds appropriated by this Act. (Sec. 307) Requires expenditures under this Act to comply with the Buy American Act. Expresses the sense of the Congress that entities receiving Federal assistance should purchase only American-made equipment and products. Prohibits Federal contracts with persons found to have falsely labeled a product with a "Made in America" inscription. (Sec. 312) Prohibits any funds from this Act from being used for the AmeriCorps program. (Sec. 313) Mandates dissolution of the Pennsylvania Avenue Development Corporation. (Sec. 314) Regulates use of any Act's funds for the Interior Columbia Basin Ecosystem Management Project. (Sec. 315) Directs the Secretary of the Interior and the Secretary of Agriculture to implement a fee program to demonstrate the feasibility of user-generated cost recovery for the operation and maintenance of recreation areas or sites and habitat enhancement projects on Federal lands. (Sec. 322) Prohibits, with exceptions, use of this Act's funds to accept or process applications for a patent for any mining or mill site claim located under the general mining laws. (Sec. 324) Prohibits funding the Office of Forestry and Economic Development after December 31, 1995. (Sec. 326) Provides for a land exchange in Washington State. Authorizes appropriations as necessary to carry out this Act. (Sec. 327) Provides for the establishment of the Timber Sales Pipeline Restoration Fund. (Sec. 328) Places limitations on the type of grant awards that can be made by the National Endowment for the Arts. (Sec. 329) Delays the implementation of regulations concerning livestock grazing on lands administered by the Forest Service. (Sec. 330) Increases penalties for the use of a hazardous or injurious device on Federal or Indian lands. (Sec. 331) Prohibits, notwithstanding any other provision of law, the use of funds available to the National Endowment for the Arts pursuant to this Act to promote, disseminate, sponsor, or produce any material or performance that: (1) denigrates the religious objects or religious beliefs of the adherents of a particular religion; or (2) depicts or describes, in a patently offensive way, sexual or excretory activities or organs. Requires that this prohibition be strictly applied without regard to the content or viewpoint of the material or performance. (Sec. 333) Prohibits using this Act's funds to review or modify sourcing areas previously approved under specified provisions of the Forest Resources Conservation and Shortage Relief Act of 1990 or to enforce or implement specified Federal regulations. Prohibits adoption of policies that would restrain domestic transportation or processing of timber from private lands or impose additional accountability requirements on any timber. Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996 - Title I: Department of Labor - Department of Labor Appropriations Act, 1996 - Makes appropriations for FY 1996 for agencies within the Department of Labor. Rescinds unobligated advances to the Employment Security Administration account of the Unemployment Trust Fund. (Sec. 102) Amends the Job Training Partnership Act to repeal the prohibition on using appropriated funds to carry out any contract with a nongovernmental entity to administer or manage a Civilian Conservation Center of the Jobs Corps. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1996 - Makes appropriations for FY 1996 for agencies within the Department of Health and Human Services. Rescinds appropriations made to the Centers for Disease Control and Prevention for immunization activities. Rescinds appropriations for low income home energy assistance. Provides limitations on the use of appropriated funds. (Sec. 207) Requires a transfer of funds for the security protection of the Secretary of Health and Human Services. Title III: Department of Education - Department of Education Appropriations Act, 1996 - Makes appropriations for FY 1996 for agencies and programs within the Department of Education. Sets forth general provisions relating to the use of appropriated funds. (Sec. 301) Prohibits appropriated funds from being used to transport teachers or students in order to: (1) overcome racial imbalance in any school or school system; or (2) carry out a racial desegregation plan. (Sec. 303) Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in the public schools. Title IV: Related Agencies - Makes appropriations for FY 1996 for the following agencies or programs: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) National Commission on Libraries and Information Science; (7) National Council on Disability; (8) National Education Goals Panel; (9) National Labor Relations Board; (10) National Mediation Board; (11) Occupational Safety and Health Review Commission; (12) Physician Payment Review Commission; (13) Prospective Payment Assessment Commission; (14) Social Security Administration; (15) Railroad Retirement Board; and (16) United States Institute of Peace. Title V: General Provisions - Sets forth provisions on the use of the appropriated funds. (Sec. 505) Prohibits the use of funds to carry out any program of distributing sterile needles for the hypodermic injection of any illegal drug unless the Surgeon General determines that such programs are effective in preventing the spread of HIV and do not encourage the use of illegal drugs. (Sec. 506) Expresses the sense of the Congress that, to the greatest extent practicable, all equipment and funds purchased under this Act should be American-made. (Sec. 507) Imposes a disclosure requirement on grantees receiving Federal funds. (Sec. 508) Prohibits the use of funds to perform abortions except to save the life of the mother or where the pregnancy is the result of rape or incest. (Sec. 509) Permits States to not perform abortions, except where the life of the mother would be endangered if the fetus were carried to term. (Sec. 511) Sets forth limitations on the use of appropriated funds. (Sec. 515) Prohibits appropriated funds being used by any Federal program or to assist any State when such Federal program or State discriminates against any health care entity that refuses to undergo training in the performance of abortions. Title VI: Additional Appropriations - Makes supplemental appropriations for the Health Care Financing Administration, the Office of the Secretary, and the Social Security Administration. Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 - Title I: Department of Veterans Affairs - Makes appropriations for FY 1996 to the Department of Veterans Affairs. Provides for the use of such appropriations. Sets forth various administrative provisions, including specified limitations, with respect to availability, transfers, and use of such appropriations. (Sec. 103) Prohibits availability of such appropriations for: (1) purchase of any site for or toward the construction of any new hospital or home (except the appropriations for construction of major or minor projects or the parking revolving fund); and (2) hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement is made to the appropriation at rates fixed by the Secretary of Veterans Affairs. (Sec. 107) Authorizes the Secretary to transfer jurisdiction and control of certain land in Wichita, Kansas, to the Secretary of Transportation. Title II: Department of Housing and Urban Development - Makes appropriations for FY 1996 to the Department of Housing and Urban Development (HUD). Provides for the use of such appropriations. (Sec. 201) Amends the United States Housing Act of 1937 (USHA), as amended by the Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995, to authorize public housing agencies to provide modernization assistance to mixed-income developments. (Sec. 202) Provides for conversion of certain public housing to vouchers. Requires each PHA to: (1) identify any distressed public housing developments that meet specified criteria; and (2) develop and carry out a plan in conjunction with the Secretary for their removal from the PHA inventory and the annual contributions contract, over a period of up to five years (with possible extensions for up to another five years in certain circumstances). Directs the Secretary to make authority available to a PHA to provide section 8 tenant-based assistance to families residing in any development that is removed from the PHA inventory and the annual contributions contract. Requires each conversion plan to require the PHA to notify and counsel families residing in such a development, and ensure that they are offered tenant-based or project-based assistance and relocated, as necessary, to other decent, safe, sanitary, and affordable housing which is, to the maximum extent practicable, housing of their choice. (Sec. 203) Repeals a "take one-take all" requirement under USHA that a housing owner who accepts a Section 8 voucher holder as a tenant must accept all others. Exempts housing unit owners participating in the certificate and voucher programs from certain notice requirements relating to rent increases or termination of their assistance payment contracts with a PHA. Limits certain requirements to the duration of a lease. (Sec. 204) Directs the Secretary to conduct a demonstration program under which up to 30 selected PHAs (including Indian housing authorities) may administer the public or Indian housing program and the section 8 housing assistance payments program (for a total number of public housing units up to 25,000) in ways which are designed to reduce costs and achieve greater cost-effectiveness in Federal expenditures, provide incentives for heads of households to become economically self-sufficient, and increase housing choices for lower- income families. (Sec. 205) Amends the Multifamily Housing Finance Improvement Act, under the housing and Community Development Act of 1992, to extend the risk-sharing and housing finance agency pilot demonstration programs but reduce the number of units involved in such programs during FY 1996. (Sec. 206) Authorizes the Secretary of HUD to delegate, during FY 1996, to one or more entities the authority to carry out some or all of the Secretary's responsibilities and functions in connection with the foreclosure of HUD-held mortgages under the National Housing Act (NHA). (Sec. 207) Authorizes the Secretary, during FY 1996, to sell or otherwise transfer multifamily mortgages held by the Secretary under the National Housing Act to State housing finance agencies, in connection with the risk-sharing or the housing finance agency pilot demonstration program under the Housing and Community Development Act of 1992, without regard to certain unit limitations. (Sec. 211) Amends section 8 of the USHA to provide for the transfer of budget authority. Directs the Secretary, if a section 8 assistance contract, other than a contract for tenant-based assistance, is terminated, not renewed, or expires, to transfer any budget authority remaining in that contract to another contract, in order to provide continued assistance to eligible families, including those receiving the benefit of the project-based assistance at the time of the termination. (Sec. 209) Makes certain amendments (made by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995) relating to documentation of multifamily refinancings under the National Housing Act effective during FY 1996 and thereafter. (Sec. 210) Directs the Secretary, in FY 1996 and 1997, to initiate a demonstration program with respect to multifamily projects: (1) whose owners agree to participate; (2) whose mortgages are insured under the NHA and assisted under section 8 of the USHA; and (3) whose present section 8 rents are, in the aggregate, exceed the fair market rent of the locality in which the project is located. Requires these programs to be designed to test the feasibility and desirability of the goal of ensuring, to the maximum extent practicable, that the debt service and operating expenses, including adequate reserves, attributable to such multifamily projects can be supported with or without mortgage insurance under the NHA and with or without above-market rents and utilizing project-based assistance or, with the consent of the property owner, tenant-based assistance, while taking into account the need for assistance of low and very low-income families in such projects. Authorizes the Secretary to use arrangements with third parties, under which the Secretary may provide for their assumption of some or all of the Secretary's functions, obligations, and benefits. Sets forth goals and demonstration approaches for such programs. Authorizes the Secretary to: (1) manage and dispose of multifamily properties and multifamily mortgages for properties assisted under section 8 with rents above 110 percent of fair market rents; and (2) delegate to one or more entities the authority to carry out some or all of the Secretary's functions and responsibilities in connection with the foreclosure of mortgages held under the NHA. Authorizes the Secretary, subject to the consent of specified parties, to: (1) remove, relinquish, extinguish, modify, or agree to the removal of any mortgage, regulatory agreement, project-based assistance contract, use agreement, or restriction that had been imposed or required by the Secretary, including restrictions on distributions of income which would interfere with the ability of the project to operate without above market rents; (2) require an owner of a property assisted under the section 8 new construction-substantial rehabilitation program to apply any accumulated residual receipts toward effecting program purposes; (3) enter into contracts to purchase reinsurance, or enter into participations or otherwise transfer economic interest in contracts of insurance or in the premiums paid, or due to be paid, on such insurance to third parties; (4) offer project-based assistance with rents at or below fair market rents for the locality and negotiate other terms acceptable to the Secretary and the project owner; (5) offer to pay all or a portion of the project's debt service, including payments monthly from the appropriate Insurance Fund, for the full remaining term of the insured mortgage; (6) forgive and cancel any mortgage debt insured by the Federal Housing Administration (FHA) that a demonstration program property cannot carry at market rents while bearing full operating costs; and (7) for demonstration program properties that cannot carry full operating costs (excluding debt service) at market rents, approve project-based rents sufficient to carry such full operating costs (and offer to pay the full debt service in the specified manner). Directs the Secretary to develop procedures to provide appropriate and timely notice to local government officials, the community, and the tenants of the project. Limits such demonstration program authority with respect to mortgages to not more than 15,000 units. Prohibits the expansion of such demonstration until specified reports are submitted to the Congress. Appropriates funds for the cost of modifying loans held or guaranteed by the Federal Housing Administration (FHA). (Sec. 212) Requires all remaining obligated and unobligated balances in the Renewal of Expiring Section 8 Subsidy Contracts account on September 30, 1995, to be transferred to and merged with the obligated and unobligated balances, respectively, of the Annual Contributions for Assisted Housing account. (Sec. 213) Directs the Secretary to cancel the indebtedness of the Hubbard Hospital Authority of Hubbard, Texas, of the Groveton Texas Hospital Authority, and of the Hepzibah Public Service District of Hepzibah, West Virginia, relating to specified public facilities loans under title II of the Housing Amendments of 1955. (Sec. 214) Determines the Paul Mirabile Center, San Diego, California, to satisfy HUD continuum care requirements. Treats such Center as entirely residential rental property consisting solely of residential units used exclusively to facilitate the transition of homeless individuals to independent living within 24 months. (Sec. 215) Limits to no more than seven Assistant Secretaries and 77 schedule C and 20 non-career senior executive service employees the number of such Assistant Secretaries and employees in HUD by the end of FY 1996. (Sec. 216) Requires specified funds to be made available to: (1) the County of San Bernardino in California to assist with the expansion of the Los Padrinos Gang Intervention Program and the Unity Home Domestic Violence Shelter (from remaining funds made available to Bethlehem House in Highland, California, for site planning and loan acquisition); and (2) the University of Toledo in Toledo, Ohio, for the renovation and rehabilitation of an industrial building (from specified funds for removal of asbestos from an abandoned public school building in that city). (Sec. 217) Amends the Residential Lead-Based Paint Hazard Reduction Act of 1992 to revise eligibility criteria to determine which housing qualifies for lead-based paint abatement grants. (Sec. 218) Amends USHA to repeal the six-year limitation on the extension period for Federal sharing of utility cost savings with PHAs under the program of annual contributions for operation of low-income housing. (Sec. 219) Amends NHA, with respect to the housing program for moderate income and displaced families, to extend through FY 1996 the period for mortgage note sales. (Sec. 220) Amends the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1988, to repeal the prohibition (Frost-Leland) against the use of funds for demolishing certain historic buildings in Dallas and Houston, Texas. (Sec. 222) Prohibits the use of any funds in this Act: from being used: (1) by the Secretary to impose any sanction or penalty because of the enactment of any State or local law or regulation declaring English as the official language; or (2) for lobbying activities as prohibited by law. (Sec. 223) Transfers to the Department of Justice all HUD functions, activities, and responsibilities relating to title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and the Fair Housing Act, including any rights guaranteed under the Fair Housing Act and any functions relating to the Fair Housing Initiatives program under the Housing and Community Development Act of 1987, along with adequate personnel and resources allocated to any such activity. (Sec. 224) Prohibits the use of any funds provided in this Act during FY 1996 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of non-frivolous legal action, that is engaged in solely for the purposes of achieving or preventing action by a Government official, entity, or court of competent jurisdiction. (Sec. 225) Prohibits the use of any funds provided in this Act to take any enforcement action with respect to a complaint of discrimination under the Fair Housing Act on the basis of familial status and which involves an occupancy standard established by the housing provider, except to the extent that it is found that there has been discrimination in contravention of the standards provided a specified HUD Memorandum, or until such time that HUD issues a final rule. (Sec. 226) Amends the Housing and Community Development Act of 1974 with respect to the eligibility of housing reconstruction costs for expenditure of Community Development Block Grant funds. Title III: Independent Agencies - Makes appropriations for FY 1996 to the: (1) American Battle Monuments Commission; (2) Consumer Product Safety Commission; (3) Court of Veterans Appeals; (4) Department of Defense-Civil for cemeterial expenses, Army; (5) Environmental Protection Agency; (6) Executive Office of the President for the Office of Science and Technology Policy; (7) Council on Environmental Quality and Office of Environmental Quality; (8) Federal Emergency Management Agency (FEMA); (9) General Services Administration for the Consumer Information Center; (10) National Aeronautics and Space Administration; (11) National Credit Union Administration for the obligations of the Central Liquidity Facility; (12) National Science Foundation; (13) Neighborhood Reinvestment Corporation; and (14) Selective Service System. Makes appropriations for FY 1996 for necessary expenses for the Corporation for National and Community Service (CNCS) to terminate all programs, activities, and initiatives under the National and Community Service Act of 1990, and to resolve all responsibilities and obligations in connection with the CNCS and its Office of Inspector General. Authorizes exemption from categorical pretreatment standards under the Federal Water Pollution Control Act, if specified conditions are met, of an industrial discharger that is a pharmaceutical manufacturing facility which discharged to the Kalamazoo Water Reclamation Plant (an advanced wastewater treatment plant with activated carbon) before enactment of this Act. Requires the Director of FEMA to promulgate a methodology, based on specified criteria, for assessment and collection of fees applicable to persons subject to the FEMA radiological emergency preparedness regulations. Authorizes such fee assessment and collection only during FY 1996. (Sec. 301) Prohibits EPA use of any funds provided in this Act to: (1) carry out any final action by the EPA Administrator or delegate for promulgation of a rule concerning any new standard for radon in drinking water; (2) sign, promulgate, implement or enforce a proposed regulation relating to individual foreign refinery baseline requirements for reformulated gasoline; (3) implement a provision of the Federal Water Pollution Control Act (or any pending EPA action to implement such provision) for denial or restriction of the use of defined areas as disposal sites for dredged or fill material; or (4) implement specified requirements of the Clean Air Act with respect to any moderate nonattainment area in which the average daily winter temperature is below 0 degrees Fahrenheit. Declares that this last prohibition does not preclude EPA assistance to the State of Alaska to make progress toward meeting the carbon monoxide standard in such areas and to resolve remaining issues regarding the use of oxygenated fuels in such areas. Title IV: Corporations - Authorizes certain corporations and agencies of HUD to make commitments without regard to fiscal year limitations as necessary to carry out provisions under the Government Corporation Control Act. Allows any collections by such corporations and agencies to be used for new loan or mortgage purchase commitments to the extent provided under this Act, with specified exceptions. Makes funds available for the Office of Inspector General of the Resolution Trust Corporation. Title V: General Provisions - Specifies certain uses, limitations, and prohibitions on uses of funds appropriated by this Act. (Sec. 514) Requires FY 1996 pay raises to be absorbed within the levels appropriated in this Act. (Sec. 516) Expresses the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act should be American-made. (Sec. 517) Prohibits the use of funds to implement any cap on reimbursements to grantees for indirect costs, except as published in a specified Office of Management and Budget Circular. (Sec. 519) Requires the Director of FEMA to sell the disaster housing inventory of mobile homes and trailers, and deposit the proceeds in the Treasury. (Sec. 520) Requires that funds necessary to terminate the Office of Consumer Affairs be made available from funds appropriated to the Department of Health and Human Services for FY 1996. (Sec. 111)(sic) Amends the Federal Food, Drug, and Cosmetic Act to allow the import of a drug, food, or food additive if it is to be incorporated into a product that will be exported as specified. Title II: Emergency Peacekeeping Appropriations (sic) - Makes supplemental appropriations for: (1) the Department of State for the administration of foreign affairs; (2) the United States Information Agency for salaries and expenses; (3) the President for the Agency For International development for assistance for Eastern Europe and Baltic States and for the Foreign Military Financing Program; (4) the Export- Import Bank of the United States; and (5) the Department of Defense for military construction, military personnel, operation and maintenance, and procurement. Rescinds funds appropriated for: (1) missile and other procurement, Air Force; (2) research, development, test and evaluation, for the Army, Navy, Air Force, and Defense-Wide. Title III: Emergency Supplemental Appropriations - Makes supplemental appropriations to the Department of Agriculture for: (1) the Natural Resources Conservation Service, the Consolidated Farm Service Agency, the Rural Housing and Community Development Service, and the Rural Utilities Service. Makes supplemental appropriations to: (1) the Small Business Administration for the Disasters Loans Program Account; (2) the Department of the Army, Corps of Engineers-Civil; and (3) the Department of the Interior for the Bureau of Reclamation. Provides for a transfer of funds to the Alaska Power Administration. Makes supplemental appropriations to the Department of the Interior for the Bureau of land Management, the U.S. Fish and wildlife service, the national Park Service, the U.S. Geological Survey, the Bureau of Indian Affairs, and for territorial and international affairs. Makes supplemental appropriations to the Department of Agriculture for the Forest Service. Makes supplemental appropriations to the Department of Transportation for the Federal Highway Administration and the Federal Transit Administration. Makes supplemental appropriations to the Panama Canal Commission. Makes supplemental appropriations to the Federal emergency Management Agency for disaster relief. Title IV: Contingent Supplemental Appropriations - Makes contingent supplemental appropriations to: (1) the Department of Commerce for the National Institute of Standards and Technology; (2) the Department of State for international organizations and conferences, including contributions for international peacekeeping activities; (3) the Department of Labor for the Employment and Training Administration; (4) the Department of Health and Human Services for substance abuse and mental health services; (5) the Department of Education for education reform, education for the disadvantaged, school improvement programs, and education research, statistics and improvement; (6) the Department of Veterans Affairs for departmental administration; (7) the Department of Housing and Urban Development for housing programs, community planning and development grants, the Corporation for National and Community Service, and the Office of the Inspector General; (8) the Environmental Protection Agency programs and management, buildings and facilities, the Hazardous Substance Superfund, State and tribal assistance grants; (9) the Executive Office of the President for the Council on and Office of Environmental Quality; (10) the National Science Foundation; and (11) the Department of the Treasury for community development financial institutions.
Bill· HRH.R. 2992 (104th)referred
United States · United States Congress · 29 February 1996
TABLE OF CONTENTS: Title I: Victim Restitution Act of 1996 Title II: Violent Criminal Incarceration Act of 1996 Subtitle A: Truth in Sentencing Subtitle B: Stopping Abusive Prisoner Lawsuits Subtitle C: Stop Turning Out Prisoners Subtitle D: Enhancing Protection Against Incarcerated Criminals Subtitle E: Prison Conditions Subtitle F: Community Service Projects Subtitle G: Prison Commissary Administration Title III: Criminal Alien Deportation Improvements Act of 1996 Title IV: Local Government Law Enforcement Block Grants Act of 1996 Title V: Effective Death Penalty Act of 1996 Subtitle A: Habeas Corpus Reform Subtitle B: Federal Death Penalty Procedures Reform Crime Prevention and Family Protection Act of 1996 - Title I: Victim Restitution Act of 1996 - 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. Provides 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 proceedings related to the offense. 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, other assets, projected earnings, 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 multiple victims or other persons who may receive restitution 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. 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 to reflect the level of contribution and economic circumstances of each offender; and (2) more than one victim has sustained a loss requiring restitution, 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 Act. 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. 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 II: Violent Criminal Incarceration Act of 1996 - Subtitle A: Truth in Sentencing - Revises the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Attorney General to provide grants to eligible States (and to eligible States organized as a regional compact) to build, expand, and operate: (1) space in correctional facilities in order to increase prison bed capacity for persons convicted of a serious violent felony; and (2) temporary to permanent correctional facilities, including facilities on military bases and boot camp facilities, for the confinement of convicted nonviolent offenders and criminal aliens for the purpose of freeing suitable existing prison space for persons convicted of a serious violent felony. Permits such grants to be used to build, expand, and operate secure youth correctional facilities. Limits eligible States to receiving either a general grant or a truth-in-sentencing incentive grant. Requires a State, to be eligible to receive general grant funds, to submit to the Attorney General an application that provides assurances (general grant requirements) that since 1993 such State has increased: (1) the percentage of convicted violent offenders sentenced to prison; (2) the average prison time actually to be served by such offenders; and (3) the percentage of sentence actually to be served in prison by violent offenders. Requires a State, to be eligible to receive truth-in-sentencing incentive grants, to submit to the Attorney General an application that provides assurances that the State has enacted laws and regulations which include: (1) truth-in-sentencing laws which either currently require or, within three years, will require that persons convicted of a serious violent felony serve not less than 85 percent of the sentence imposed or 85 percent of the court-ordered maximum sentence for States that practice indeterminate sentencing; (2) laws requiring that the sentencing or releasing authorities notify and allow the victims of the defendant or the family of such victims the opportunity to be heard regarding the issue of sentencing and any post-conviction release; and (3) laws requiring that the releasing authority notify the victims of serious violent felons or the family of such victims and the convicting court regarding the release of a defendant. Requires a State, to be eligible to receive general grants or truth-in-sentencing grants under this Act, to provide an assurance to the Attorney General that: (1) inmate labor will be used to build and expand correctional facilities; (2) each State will involve counties and other local governments in the construction, development, expansion, modification, operation, or improvement of correctional facilities designed to ensure the incarceration of offenders and will share funds received under this subtitle with any county or other local government that is housing State prisoners, taking into account the burden placed on such local government in confining prisoners due to overcrowding in State prison facilities in furtherance of the purposes of VCCLEA; (3) the State has implemented or will implement (within 18 months) policies to determine the veteran status of inmates and to ensure that incarcerated veterans receive the veterans benefits to which they are entitled; and (4) the State has adopted procedures for the collection of reliable statistical data which compiles the rates of serious violent felonies before and after the receipt of general grant or truth-in-sentencing grant funds and will report such statistical data to the Attorney General if not already provided. Specifies that beginning in FY 1998, 15 percent of the funds that would otherwise be available to a State as general grants or truth-in-sentencing grants shall be withheld from any State which does not have an eligible system of consequential sanctions for juvenile offenders. Makes a State eligible for grants under this title notwithstanding the general grant requirements if the State practices indeterminant sentencing and the average times served in such State for murder, rape, robbery, and assault exceed the national average of times served for such offenses by ten percent or more. Allows a State to use up to 15 percent of the funds provided under this title for jail construction if the Attorney General determines that the State has enacted legislation that provides for pretrial release requirements at least as restrictive as those found in the Federal criminal code or legislation that prohibits an individual charged with an offense for which a sentence of more than one year may be imposed or involving violence against another person from being released before trial without a financial guarantee to ensure appearance before trial. Provides that the Governor of the State may allow for earlier release of a geriatric prisoner or a prisoner whose medical condition precludes the prisoner from posing a threat to the public after a public hearing in which representatives of the public and the prisoner's victims have an opportunity to be heard. Permits a State that otherwise meets the requirements of this title and that certifies to the Attorney General that exigent circumstances require that it expend funds to confine juvenile offenders, to use funds received under this title to build, expand, and operate juvenile correctional facilities or pretrial detention facilities for such offenders. Sets forth provisions regarding: (1) the formula for determining the amount of funds that each State may receive; (2) accounting, audit, and reporting requirements (including a requirement that States receiving funds under this title require that the appropriate public authorities report to the Attorney General the death of each individual while in a municipal or county jail, State prison, or other similar place of confinement and that the Attorney General annually publish a report on such deaths); and (3) limitations on funds. Authorizes appropriations. Sets forth provisions regarding: (1) the transfer and use of unallocated funds; and (2) the reservation of funds for payments to States for the incarceration of criminal aliens. Directs the Attorney General to give preference for specified payments under the Immigration and Nationality Act (INA) to States and political subdivisions which are ineligible for payments for incarceration of criminal aliens under this Act. Subtitle B: Stopping Abusive Prisoner Lawsuits - Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime and confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. (Sec. 212) Requires the court to dismiss any such action if satisfied that the action: (1) fails to state a claim upon which relief can be granted; or (2) is frivolous or malicious. (Sec. 213) Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. (Sec. 214) Amends the Federal judicial code to authorize the court to request an attorney to represent a person financially unable to employ counsel at any time. Requires (current law authorizes) the court to dismiss a proceeding in forma pauperis if the allegation of poverty is untrue or if satisfied that the action is frivolous or malicious. Requires: (1) a prisoner in a correctional institution who files an affidavit of indigence to include a statement of all assets such prisoner possesses; and (2) the court to make inquiry of the institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Subtitle C: Stop Turning Out Prisoners - Revises provisions of VCCLEA regarding judicial remedies with respect to prison conditions. Specifies that prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that action. Prohibits the court from granting or approving any prospective relief unless it finds that the relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Prohibits the court, in any such action, from granting or approving any relief to reduce or limit the prison population unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Sets forth provisions regarding: (1) termination of relief (including provision for the automatic termination of prospective relief after a two-year period); (2) procedure for motions affecting prospective relief; (3) standing (grants standing to specified Federal, State, or local officials to oppose the imposition or continuation in effect of relief to reduce or limit the prison population and to intervene in any proceeding relating to that relief); (4) special masters; and (5) attorney's fees. Subtitle D: Enhancing Protection Against Incarcerated Criminals - Amends the Federal criminal code to require the Bureau of Prisons to ensure that: (1) prisoners under its jurisdiction do not engage in any physical activities designed to increase their fighting ability; and (2) all equipment designed for increasing the strength or fighting ability of prisoners promptly be removed from Federal correctional facilities and not be introduced into such facilities thereafter except as needed for a medically required program of physical rehabilitation approved by the Director of the Bureau (Director). Subtitle E: Prison Conditions - Directs the Attorney General to establish standards regarding conditions in the Federal prison system that provide prisoners the least amount of amenities and personal comforts consistent with constitutional requirements and good order and discipline in the Federal prison system. (Sec. 242) Requires the Director to report annually to the Congress on the amount spent at each Federal correctional facility under the Bureau's jurisdiction for: (1) the minimal requirements necessary to maintain custody and security of prisoners; (2) basic nutritional needs; (3) essential medical services; and (4) amenities and programs beyond the scope of such items. Subtitle F: Community Service Projects - Amends the Federal criminal code to authorize the Chief Executive Officer of a Federal penal or correctional facility, as part of an inmate work program, to provide services to private, nonprofit organizations or to a component of any State government or political subdivision thereof which shall: (1) be used only for the benefit of the recipient entity; and (2) not displace an employee of the recipient or result in a reduction in hours, wages, or employment benefits of any employee of the recipient. Subtitle G: Prison Commissary Administration - Amends the Federal criminal code to authorize the Director to establish, operate, and maintain commissaries in Federal penal or correctional facilities to provide or make available to inmates articles and services authorized by the Director. Establishes in the Treasury the Prison Commissary Fund. Requires revenues from commissary articles and services to be deposited in the Fund which shall be available for the payment of any expenses incurred by the Bureau in establishing, operating, and maintaining prison commissaries and the Fund. Authorizes the Director to use monies from the Fund for the general welfare of inmates. Title III: Criminal Alien Deportation Improvements Act of 1996 - Amends INA, as amended by the Immigration and Nationality Technical Corrections Act of 1994, to expand the definition of "aggravated felony" to include various offenses including: (1) commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of five or more years' imprisonment may be imposed; (2) perjury or subornation of perjury for which a sentence of five or more years' imprisonment may be imposed; and (3) failure to appear before a court pursuant to a court order to answer or dispose of a charge of a felony for which a sentence of two or more years' imprisonment may be imposed. (Sec. 302) Subjects a conditional permanent resident alien convicted of an aggravated felony to expedited deportation. (Sec. 303) 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. 304) Limits collateral attacks on deportation orders. (Sec. 305) Amends 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. 306) Amends Federal criminal law to: (1) bring certain alien smuggling-related crimes under the purview of the Racketeer Influenced and Corrupt Organizations provisions; and (2) authorize wiretaps for alien smuggling investigations. (Sec. 308) Revises criteria under INA for deportation for crimes of moral turpitude to cover certain aliens convicted of a crime for which a sentence of one year or longer may be imposed. (Sec. 309) Makes local governments eligible for specified alien incarceration reimbursement assistance under VCCLEA. (Sec. 310) Amends INA to permit the use of electronic and telephonic media in deportation hearings. (Sec. 312) Directs the Secretary of State and the Attorney General to report on the effectiveness of the Prisoners Transfer Treaty with Mexico. (Sec. 313) Directs the Attorney General to designate a Department of Justice 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. 314) 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. 315) Directs the Attorney General and the Commissioner to develop an interior (home country) repatriation program. (Sec. 316) Amends INA to authorize deportation of nonviolent offenders prior to Federal or State sentence completion. Title IV: Local Government Law Enforcement Block Grants Act of 1996 - Amends VCCLEA to replace provisions of title I setting forth the Public Safety Partnership and Community Policing Act of 1994 with a local law enforcement block grant program. Requires the Director of the Bureau of Justice Assistance (BJA) to pay to qualifying local governments specified sums for reducing crime and improving public safety, including sums for: (1) hiring, training, and employing on a continuing basis new, additional law enforcement officers and support personnel; (2) paying overtime to increase the number of hours worked by presently employed officers and support personnel; (3) procuring equipment, technology, and other material directly related to basic law enforcement functions; (4) enhancing security measures in and around schools and any other facility or location which is considered by the unit of local government to have a special risk for incidents of crime; (5) establishing crime prevention programs that may involve, though not exclusively, law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity; (6) establishing or supporting drug courts; (7) establishing early intervention and prevention programs for juveniles to reduce or eliminate crime; (8) enhancing the adjudication process of cases involving violent offenders, including the adjudication process of cases involving violent juvenile offenders; (9) enhancing programs under the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) drug control and system improvement grant program; (10) establishing cooperative task forces between adjoining local governments to work cooperatively to prevent and combat criminal activity, particularly criminal activity that is exacerbated by drug- or gang-related involvement; and (11) establishing a multijurisdictional task force, particularly in rural areas, composed of local law enforcement officials, that works with Federal law enforcement officials to prevent and control crime. Prohibits a local government from expending any of the funds provided under this title to purchase, lease, rent, or otherwise acquire tanks or armored personnel carriers, fixed wing aircraft, limousines, real estate, yachts, consultants, or vehicles not primarily used for law enforcement unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the use of funds for such purposes essential to the maintenance of public safety and good order. Sets forth provisions regarding: (1) the timing of payments; (2) payment adjustments; (3) reservation of sums for adjustments; (4) repayment of unexpended amounts; (5) requirements that such funds not be used to supplant State or local funds; (6) matching funds; (7) oversight accountability and administration; and (8) technology assistance. Authorizes appropriations. Prohibits a local government from expending any of the funds provided under this title to purchase, lease, rent, or otherwise acquire tanks or armored personnel carriers, fixed wing aircraft, limousines, real estate, yachts, consultants, or vehicles not primarily used for law enforcement unless the Attorney General certifies that extraordinary and exigent circumstances make the use of funds for such purposes essential to the maintenance of public safety and good order. Requires the Director to: (1) establish procedures under which a local government is required to provide notice to the Director regarding the proposed use of funds made available under this title; and (2) establish a process for the ongoing evaluation of projects developed with such funds. Sets forth provisions regarding: (1) general qualification requirements; (2) sanctions for noncompliance; (3) maintenance of effort requirements; (4) the allocation and distribution of funds, including resolution of disparate allocations and unavailability and inaccuracy of information; (5) the use of funds to contract with private, nonprofit entities or community-based organizations; and (6) public participation. (Sec. 402) Repeals VCCLEA provisions regarding: (1) the Ounce of Prevention Council; (2) local crime prevention block grants; (3) model intensive block grants; (4) family and community endeavor schools grants; (5) assistance for delinquent and at-risk youth; (6) police retirement; (7) the Local Partnership Act; (8) the National Community Economic Partnership; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; (11) the family unity demonstration project; and (12) gang resistance and education training. Title V: Effective Death Penalty Act of 1996 - Subtitle A: Habeas Corpus Reform - Chapter 1: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners, running from the latest of the time at which: (1) the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (2) the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed where the applicant was prevented from filing by such State action; (3) the Federal right asserted was initially recognized by the Supreme Court where the right has been newly recognized by the Court and is retroactively applicable; and (4) the factual predicate of the claim or claims presented could have been discovered through the exercise of reasonable diligence. Specifies that time that passes during the pendency of a properly filed application for State review with respect to the pertinent judgment or claim shall not be counted toward any period of limitation. (Sec. 502) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits a certificate of probable cause to issue only if the petitioner has made a substantial showing of the denial of a Federal right. Specifies that such certificate must indicate which specific issue or issues satisfy this standard. (Sec. 504) Permits the denial of a habeas corpus petition on the merits, notwithstanding the failure of the applicant to exhaust State court remedies. Specifies that a State shall not be deemed to have waived the exhaustion requirement or estopped from reliance upon the requirement, unless, through its counsel, it expressly waives the requirement. Prohibits an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court from being granted with respect to any claim that was decided on the merits in State proceedings, unless the adjudication of the claim resulted in a decision that was based on an arbitrary or unreasonable: (1) interpretation of clearly established Federal law as articulated in U.S. Supreme Court decisions; (2) application to the facts of clearly established Federal law as articulated in such decisions; or (3) determination of the facts in light of the evidence presented in the State proceeding. (Sec. 505) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners, running from the latest of the time at which: (1) the judgment of conviction becomes final; (2) the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed where the movant was prevented from making a motion by such governmental action; (3) the right asserted was initially recognized by the Supreme Court where the right has been newly recognized by the Court and is retroactively applicable; and (4) the factual predicate of the claim presented could have been discovered through the exercise of reasonable diligence. Chapter 2: Special Procedures for Collateral Proceedings in Capital Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases, including provisions regarding: (1) the appointment of counsel; (2) stays of execution, limits on stays, and successive petitions; and (3) time requirements and tolling rules. Directs the district court, whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this subtitle applies, to consider only claims that have been raised and decided on the merits in the State courts, unless the failure to raise the claim properly is: (1) the result of State action in violation of the Constitution or laws of the United States; (2) the result of the Supreme Court recognition of a new Federal right that is retroactively applicable; or (3) based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review. Prohibits an appeal from being taken to the court of appeals from the final order of a district court denying relief in a habeas corpus proceeding that is subject to this subtitle unless a circuit justice or judge issues a certificate of probable cause. Specifies that such a certificate may only be issued if the petitioner has made a substantial showing of the denial of a Federal right and must indicate which specific issue or issues satisfy this standard. Sets forth provisions regarding limitation periods for determining petitions. Requires the Administrative Office of the United States Courts to report annually to the Congress on court compliance with the time limits established by this title. Chapter 3: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of BJA to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Subtitle B: Federal Death Penalty Procedures Reform - Revises VCCLEA provisions regarding the conduct of a special hearing to determine whether a death sentence is justified, to require the jury (or if there is no jury, the court) to consider whether the aggravating factors found to exist outweigh any mitigating factors and to recommend such sentence if it unanimously finds at least one aggravating factor and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. Directs that the jury be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation is to be based on the aggravating factors and any mitigating factors which have been found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgment.
Report· CCCELEX 61993CC0308(01)decided
European Union · Court of Justice of the European Union · 29 February 1996
Question· Kleine Anfrage13/3911open
Germany · German Bundestag · 28 February 1996
Anzahl der Ermittlungsverfahren, U-Haft, Verurteilungen, verletzte bzw. getötete Personen
Motion· Antrag13/3877rejected
Germany · German Bundestag · 28 February 1996
Keine Abschiebung von Asylsuchenden bis zur Entscheidung des Bundestages über die Gesetzentwürfe auf Drs 13/1188, 13/1189, 13/809 und über den Antrag der Fraktion B90/GR auf Drs 13/2550 (neu) unabhängig von der Beschlußfassung zur "Altfallregelung"
Motion· Antrag13/3892concluded
Germany · German Bundestag · 28 February 1996
Ablehnung einer stärkeren Begrenzung des Zuzugs von Spätaussiedlern