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151 records in US in 1995
United States · United States Congress · 17 January 1995
Constitutional Amendment - Limits a person to three consecutive terms in the Senate and seven consecutive terms in the House of Representatives (excluding partial terms in each case).
United States · United States Congress · 17 January 1995
Constitutional Amendment - Grants authority to the Congress, States, and local governments to set reasonable expenditure limits for their respective elections.
United States · United States Congress · 17 January 1995
Expresses the sense of the Senate that: (1) the Constitution grants to the President the authority to veto individual items of appropriation; and (2) the President should exercise that constitutional authority to veto individual items of appropriation without awaiting the enactment of additional authorization.
United States · United States Congress · 13 January 1995
Constitutional Amendment - Prohibits the Congress from enacting any laws effectively requiring any State or local government to expend non-Federal funds to comply with any Federal law unless it is reimbursed for doing so.
United States · United States Congress · 12 January 1995
Constitutional Amendment - Grants the President line item veto power with respect to any item of spending authority in a bill (including any vote, resolution, or order that contains such item).
United States · United States Congress · 11 January 1995
Right to Know Act - Prohibits an article proposing a balanced budget amendment to the Constitution from being submitted to the States for ratification in the 104th Congress until the adoption of a concurrent resolution containing specified enforcement procedures.
United States · United States Congress · 11 January 1995
Constitutional Amendment - Grants the President the authority to reduce or disapprove any item of appropriation in any Act or joint resolution, except any item of appropriation for the legislative branch.
United States · United States Congress · 11 January 1995
Property Rights Litigation Relief Act of 1995 - Prohibits any Federal or State agency from taking private property except for public purpose and with just compensation to the property owner. Specifies that a property owner shall receive just compensation if, as a consequence of a decision of any such agency, private property (whether all or in part) has been physically invaded or taken for public use without the consent of the owner, and such action: (1) does not substantially advance the stated governmental interest to be achieved by the legislation or regulation on which the action is based; (2) exacts the owner's constitutional or otherwise lawful right to use the property or a portion of such property as a condition for the granting of a permit, license, variance, or other agency action without a rough proportionality between the stated need for the required dedication and the impact of the proposed use of the property; (3) results in the property owner being deprived, either temporarily or permanently, of all or substantially all economically beneficial or productive use of the property or that part of the property affected by the action without a showing that such deprivation inheres in the title itself; (4) diminishes the fair market value of the affected portion of the property which is the subject of the action by the lesser of ten percent or more, or $10,000 or more, with respect to the value immediately prior to the governmental action (or under any other circumstance where a taking has occurred within the meaning of the Fifth Amendment to the Constitution). Places the burden of proof on the Government. Specifies that no compensation shall be required by this Act if the owner's use or proposed use of the property is a nuisance, but the burden is on the United States to establish that such use or proposed use is a nuisance. Specifies that if an agency action directly takes property or a portion of property, compensation to the owner shall be the greater of an amount equal to: (1) the difference between the fair market value of the property before and after such property becomes subject to the agency action; or (2) business losses. Sets forth provisions regarding: (1) the transfer of property interest; and (2) the source of compensation. Authorizes a property owner to file a civil action under this Act to challenge the validity of any agency action that adversely affects the owner's interest in private property in either the U.S. District Court or the U.S. Court of Federal Claims. Waives the sovereign immunity of the United States. Grants persons adversely affected by an agency action taken under this Act standing to challenge and seek judicial review of that action. Amends the Federal judicial code to grant the Court of Federal Claims jurisdiction to render judgment upon any claim against the United States for monetary relief founded either upon the Constitution or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, in cases not sounding in tort or for invalidation of any Act of Congress or any regulation of an executive department that adversely affect private property rights in violation of the Fifth Amendment. Grants such Court the power to grant injunctive and declaratory relief and ancillary jurisdiction to render judgment upon related tort claims. Sets forth provisions regarding: (1) the statute of limitations; (2) attorney's fees and costs; and (3) alternative dispute resolution.
United States · United States Congress · 11 January 1995
Constitutional Amendment - Increases the term of office for a Member of the House of Representatives to four years. Requires each such term to begin on the third day of January every two years after the years in which the term of the President begins. Prohibits a person from being a Senator or Representative for more than 12 years (excluding any terms for which a person is elected or appointed to fill a vacancy in such office).
United States · United States Congress · 11 January 1995
Constitutional Amendment - Requires a three-fifths majority of the whole number of each House of the Congress before a bill increasing any revenue may pass. Provides that total revenue of the United States Government for each fiscal year shall not exceed 20 percent of the gross domestic product and that any revenue in excess of this limit shall be used to reduce the public debt. Authorizes a specific amount of additional revenue above such limit for the current or next fiscal year when a bill for this sole purpose is passed by a three-fifths majority of the whole number of each House of the Congress and becomes law. Authorizes the Congress, upon the President's request, to waive the provisions of this joint resolution by a roll call vote for any fiscal year in which a declaration of war is in effect. Requires any law that has the effect of increasing any revenue, if adopted when a waiver is in effect, to expire within two years after the law is adopted.
United States · United States Congress · 11 January 1995
Constitutional Amendment - Prohibits total outlays of the operating fund of the United States for any fiscal year from exceeding total receipts to those funds for that fiscal year plus any operating fund balances carried over from previous years. Allows the Congress to waive provisions of this amendment by a declaration of national urgency by the President that is approved by a majority vote of both Houses of the Congress. Requires the President, by the first Monday in February each year, to transmit to Congress a proposed budget in which the total outlays of the operating funds do not exceed total receipts. Declares that total receipts exclude those derived from net borrowing. Declares that total outlays exclude those for repayment of debt principal and for capital and developmental investments that provide demonstrable long-term economic returns but includes an annual debt servicing charge. Declares that the receipts (including attributable interest) and outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund together with outlays for benefits earned by veterans of military service shall not be counted as receipts or outlays.
United States · United States Congress · 11 January 1995
Sets forth the rule for the consideration of H.J. Res. 1 (balanced budget amendment).
United States · United States Congress · 10 January 1995
Constitutional Amendment - Proposes an amendment to the Constitution relating to Federal budget procedures.
United States · United States Congress · 9 January 1995
Constitutional Amendment - Prohibits Federal outlays of operating funds from exceeding receipts to such funds for any fiscal year plus any operating fund balances carried over from previous fiscal years. Waives such prohibition: (1) when a declaration of war is in effect; (2) when the United States by law is engaged in military conflict; or (3) if economic growth has been or will be negative for two consecutive quarters. Requires the President to propose a budget in accordance with this Act. Declares that total receipts exclude those derived from net borrowing. Declares that total outlays excludes those for repayment of debt principal and for capital investments in physical infrastructure that provide long-term economic returns but includes an annual debt servicing charge. Provides that the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall not be counted as receipts or outlays.
United States · United States Congress · 5 January 1995
Constitutional Amendment - Requires a balanced Federal budget, unless a three-fifths roll call vote of both Houses of Congress provides for a specific excess of outlays over receipts. Prohibits an increase in the public debt limit except by a three-fifths roll call vote by both Houses of Congress. Requires the President to submit a balanced budget to the Congress. Prohibits any bill increasing revenue from becoming law unless approved by a majority roll call vote of both Houses.
United States · United States Congress · 5 January 1995
Constitutional Amendment - Prohibits the Congress from passing any law increasing taxes or fees which takes effect prior to its enactment.
United States · United States Congress · 4 January 1995
Property Rights Litigation Relief Act of 1995 - Prohibits any Federal or State agency from taking private property except for public purpose and with just compensation to the property owner. Specifies that a property owner shall receive just compensation if, as a consequence of a decision of any such agency, private property (whether all or in part) has been physically invaded or taken for public use without the consent of the owner and such action: (1) does not substantially advance the stated governmental interest to be achieved by the legislation or regulation on which the action is based; (2) exacts the owner's constitutional or otherwise lawful right to use the property or a portion of such property as a condition for the granting of a permit, license, variance, or other agency action without a rough proportionality between the stated need for the required dedication and the impact of the proposed use of the property; (3) results in the property owner being deprived, either temporarily or permanently, of all or substantially all economically beneficial or productive use of the property or that part of the property affected by the action without a showing that such deprivation inheres in the title itself; or (4) diminishes the fair market value of the affected portion of the property which is the subject of the action by the lesser of 20 percent or more, or $10,000 or more, with respect to the value immediately prior to the governmental action (or under any other circumstance where a taking has occurred within the meaning of the Fifth Amendment to the Constitution). Places the burden of proof on the Government. Specifies that no compensation shall be required by this Act if the owner's use or proposed use of the property is a nuisance but the burden is on the United States to establish that such use or proposed use is a nuisance. Specifies that if an agency action directly takes property or a portion of property, compensation to the owner shall be the greater of an amount equal to: (1) the difference between the fair market value of the property before and after such property becomes subject to the agency action; or (2) business losses. Sets forth provisions regarding: (1) the transfer of property interest; and (2) the source of compensation. Authorizes a property owner to file a civil action under this Act to challenge the validity of any agency action that adversely affects the owner's interest in private property in either the U.S. District Court or the U.S. Court of Federal Claims. Waives the sovereign immunity of the United States. Grants persons adversely affected by an agency action taken under this Act standing to challenge and seek judicial review of that action. Amends the Federal judicial code to grant the Court of Federal Claims jurisdiction to render judgment upon any claim against the United States for monetary relief founded either upon the Constitution or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, that adversely affect private property rights in violation of the Fifth Amendment. Grants such Court the power to grant injunctive and declaratory relief and ancillary jurisdiction to render judgment upon related tort claims. Sets forth provisions regarding: (1) the statute of limitations; (2) attorney's fees and costs; and (3) alternative dispute resolution.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Incarceration of Violent Criminals Title II: State and Local Law Enforcement Assistance Title III: Federal Emergency Law Enforcement Assistance Act Title IV: Criminal Penalties Title V: Federal Criminal Procedure Reform Title VI: Prevention of Terrorism Title VII: Miscellaneous and Technical Provisions Subtitle A: Elimination of Certain Programs Subtitle B: Amendments Relating to Violent Crime Control Subtitle C: Amendments Relating to Courts and Sentencing Subtitle D: Miscellaneous Amendments Violent Crime Control and Law Enforcement Improvement Act of 1995 - Title I: Incarceration of Violent Criminals - Revises the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Attorney General to make grants to individual States and to States organized as multi-State compacts to construct, develop, expand, modify, operate, or improve conventional correctional facilities. Conditions eligibility to receive such grants, in the case of a State that on the enactment date of this Act practices indeterminant sentencing, on the State submitting an application that includes a demonstration that average times served for the offenses of murder, rape, robbery, and assault in the State exceed by at least ten percent the national average of time served for such offenses in all of the States. (Sec. 102) Repeals specified provisions of the VCCLEA concerning the punishment of young offenders. (Sec. 103) Repeals specified VCCLEA provisions regarding the civil rights of institutionalized persons. Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. Specifies that such exhaustion of administrative remedies may not be required unless the Attorney General has certified or the court has determined that such remedies are in substantial compliance with specified minimum acceptable standards (as under current law) or are otherwise fair and effective. Requires the court to dismiss any such action if satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. Requires the Attorney General to develop a procedure for the prompt review and certification of systems for the resolution of grievances of adults confined in any correctional or pretrial detention facility if such systems are in substantial compliance with the minimum standards (current law) or are otherwise fair and effective. Authorizes the Attorney General to suspend or withdraw certification at any time he has reasonable cause to believe that such procedure is no longer in substantial compliance or is no longer fair and effective. Amends the Federal judicial code to authorize the court to request an attorney to represent a person financially unable to employ counsel (current law) at any time. Requires (current law authorizes) the court to dismiss the case if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious. Requires: (1) a prisoner in a correctional institution who files an affidavit of indigence to include a statement of all assets such prisoner possesses; and (2) the court to make inquiry of the institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. (Sec. 104) Requires the Attorney General to submit a report to the Congress that describes a strategy for employing more Federal prison inmates. (Sec. 105) Repeals specified VCCLEA provisions requiring the Bureau of Prisons to provide residential substance abuse treatment. Requires the Bureau's report to the Congress to include a full examination and evaluation of the effectiveness of the treatment in reducing drug use among prisoners. Title II: State and Local Law Enforcement Assistance - Amends the VCCLEA to replace provisions of title I setting forth the Public Safety Partnership and Community Policing Act of 1994 with a State and local law enforcement block grant program. Directs the Attorney General to make grants to States for use by State and local governments to: (1) hire, train, and employ on a continuing basis, new law enforcement officers and necessary support personnel; (2) pay overtime to currently employed officers and personnel; (3) procure equipment, technology, and other material that is directly related to basic law enforcement functions; and (4) establish and operate cooperative programs between community residents and law enforcement agencies for the control, detection, or investigation of crime or the prosecution of criminals. Sets forth provisions regarding: (1) law enforcement trust funds; (2) allocation and distribution of funds; (3) fund disbursement; (4) application requirements; and (5) limitations on the use of funds. Authorizes appropriations. Title III: Federal Emergency Law Enforcement Assistance Act - Amends the VCCLEA to increase the authorization of appropriations for: (1) the Federal Bureau of Investigation (FBI); (2) U.S. Attorneys; and (3) the Drug Enforcement Administration. Title IV: Criminal Penalties - Makes serious juvenile drug offenses Armed Career Criminal Act predicates. (Sec. 402) Provides for adult prosecution of serious juvenile offenders. Repeals VCCLEA provisions directing the court, in determining whether to transfer a juvenile to adult status, to consider the extent to which the juvenile played a leadership role in an organization or otherwise influenced others to take part in criminal activities involving the use or distribution of controlled substances or firearms. Requires a juvenile who was 13 years of age or older on the date of the commission of specified crimes of violence to be prosecuted as an adult in Federal court. Prohibits the incarceration of any such juvenile in an adult prison. Specifies that if a juvenile prosecuted under such provision is convicted, the juvenile shall be entitled to file a petition for resentencing pursuant to applicable sentencing guidelines when the juvenile reaches age sixteen. Direct the U.S. Sentencing Commission (Commission) to promulgate or amend existing guidelines to carry out such provisions. Authorizes the Commission, for such resentencing determinations, to permit sentencing adjustments that provide for supervised release for defendants who have clearly demonstrated an exceptional degree of responsibility for the offense and a willingness and ability to refrain from further criminal conduct. Repeals specified VCCLEA provisions regarding the prosecution as adults of such juveniles for crimes of violence, including a prohibition against prosecuting as adults certain persons subject to the criminal jurisdiction of an Indian tribal government for an offense the Federal jurisdiction for which is predicated solely on Indian country. (Sec. 403) Authorizes the court to impose a specified term of supervised release, or a fine that would be authorized if the juvenile had been convicted as an adult, for juvenile offenders. (Sec. 404) Requires that juveniles found guilty of certain offenses be fingerprinted and photographed, with such fingerprints and photographs sent to the FBI's Identification Division. Directs the court to transmit to such division information concerning the adjudication. (Sec. 405) Amends the Controlled Substances Act (CSA) to: (1) set a mandatory minimum sentence of ten years' imprisonment of a person age 21 or older who is convicted of employing persons under age 18 in drug operations; and (2) make such mandatory minimum sentence life imprisonment for that offense after a prior conviction of such offense. Prohibits the court from placing on probation or suspending the sentence of any such person. Revises CSA provisions to apply specified penalties for distribution to persons under age 18 (currently, under 21) and to increase such penalties, except for offenses involving five grams or less of marijuana. Repeals a VCCLEA provision directing the Commission to provide an appropriate penalty enhancement for a defendant convicted of drug dealing in a drug-free zone. Increases penalties for such offense, except where the offense involves five grams or less of marijuana. (Sec. 406) Repeals specified VCCLEA provisions regarding the applicability of mandatory minimum penalties in certain cases. Directs the court, notwithstanding the requirement of a mandatory minimum sentence, to impose a sentence in accordance with this section and the sentencing guidelines and any pertinent policy statement issued by the Commission if specified circumstances exist (e.g., that the defendant does not have any criminal history points under the sentencing guidelines, the offense did not result in death or serious bodily injury, and the Government certifies that the defendant has timely and truthfully provided it with all information and evidence the defendant has concerning the offense). Authorizes the Commission to make such amendments as necessary and appropriate to harmonize the sentencing guidelines and policy statements with, and promulgate policy statements to assist the courts in interpreting, this section. Directs the Commission to amend the sentencing guidelines, if necessary, to assign specified drug offenses to which a mandatory minimum term of imprisonment applies, a guideline level that will result in the imposition of a term at least equal to the mandatory term that is currently applicable, unless a downward adjustment is authorized under this section. (Sec. 407) Increases mandatory minimum sentences for using firearms during and in relation to any crime of violence or drug trafficking crime. (Sec. 408) Repeals specified VCCLEA provisions concerning arson. Increases penalties and extends the statute of limitations for arson. (Sec. 409) Includes within the offense of kidnapping travel in interstate or foreign commerce, or using the mails or a facility in such commerce, in furtherance of the offense. Title V: Federal Criminal Procedure Reform - Amends the Federal criminal code to provide that, in a criminal proceeding, any attorney who files in a U.S. court a brief, motion, answer, pleading, or other signed document that the attorney knows to contain a false statement of material fact or a false statement of law, shall be found guilty of obstruction of justice. (Sec. 502) Specifies that Federal rules of conduct adopted by the Attorney General shall govern the conduct of prosecutions in Federal court. (Sec. 503) Revises rule 24(b) of the Federal Rules of Criminal Procedure to entitle a defendant tried alone to six, but defendants tried jointly to ten, peremptory challenges. (Sec. 504) Amends the Federal judicial code to provide that on each committee that makes recommendations concerning rules that affect criminal cases, the number of members who represent or supervise the representation of defendants in the trial, direct review, or collateral review of criminal cases shall not exceed the number who represent the Government or a State. (Sec. 505) Sets forth provisions regarding the reimbursement of attorney fees in certain cases involving current or former attorneys, agents, or employees of the Department of Justice or the Federal Public Defender who are the subject of criminal or disciplinary investigations. (Sec. 506) Provides for mandatory restitution to victims of violent crimes. Permits a court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of any person who was harmed physically or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred, or the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to order restitution to a victim in the full amount of the victim's losses as determined by the court without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source. Sets forth provisions regarding: (1) the form of payments of a restitution order; (2) multiple offenders and multiple victims; (3) setoffs against amounts later recovered as compensatory damages; (4) the effect of a restitution order (constitutes a lien against the offender's property); (5) payment schedules; (6) enforcement of restitution orders; and (7) procedures for issuing such orders. (Sec. 507) Amends the Federal criminal code to place the burden of proving (by a preponderance of the evidence) that a confession was not voluntary on the defendant. Provides that evidence: (1) obtained as a result of a search or seizure that is otherwise admissible in a Federal criminal proceeding shall not be excluded in a proceeding in a U.S. court on the ground that the search or seizure was in violation of the Fourth Amendment to the Constitution; and (2) shall not be excluded in a proceeding in a U.S. court on the ground that it was obtained in violation of a statute, an administrative rule, or a rule of court procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court. Amends the Federal judicial code to make the United States liable for damages resulting from a search or seizure conducted by an investigative or law enforcement officer, acting within the scope of the officer's office or employment, in violation of the Fourth Amendment to the Constitution. Provides for the award of actual and punitive damages, subject to specified limitations. Subjects such an officer to appropriate discipline in the discretion of the Federal agency employing the officer if that agency determines, after notice and hearing, that the officer conducted the search or seizure lacking a good faith belief that the search or seizure was constitutional. Makes the remedy under this section the exclusive civil remedy for such Fourth Amendment violations. Sets forth provisions regarding attorney fees and costs and the applicability of other tort claims procedures. (Sec. 508) Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Specifies that: (1) there shall be no right of appeal from a final order in a habeas corpus proceeding; and (2) unless a circuit justice or judge issues a certificate of probable cause, an appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State or Federal court. Permits such certificate to issue only if the petitioner has made a substantial showing of the denial of a Federal constitutional right. Requires the certificate to indicate which specific issue or issues satisfy the showing. Provides that if the applicant has failed to develop the factual basis of a claim in State court proceedings, the Federal court shall not hold an evidentiary hearing on the claim unless: (1) the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable or on a factual predicate that could not have been previously discovered through the exercise of due diligence; and (2) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the petitioner guilty of the underlying offense or eligible for the death penalty under State law. Requires that a second or successive motion be certified by a panel of the appropriate Federal Court of Appeals to contain: (1) newly discovered evidence sufficient to undermine the court's confidence in the factfinder's determination of the prisoner's guilt of the offense or offenses for which the sentence was imposed; or (2) a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable. Sets further limitations on second or successive petitions. (Sec. 510) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of a petition for a writ of habeas corpus brought in a capital case within 180 days after the date on which the petition is filed; and (2) a court of appeals to hear and render a final determination of any appeal of an order granting or denying such a petition within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition or other request for rehearing en banc within 30 days after the date on which the petition for rehearing is filed. Sets forth provisions regarding failure to render a timely determination. Requires the Administrative Office of U.S. Courts to submit to the Congress an annual report on the compliance by the district courts and courts of appeals with the time limitations under this section. Title VI: Prevention of Terrorism - Amends the Federal criminal code to set penalties for: (1) willful violation of Federal Aviation Administration (FAA) security regulations; and (2) threatening to assault, kidnap, or murder former Federal officials in the performance of official duties. (Sec. 603) Grants the Attorney General wiretap authority for alien smuggling and related offenses. Makes alien smuggling a predicate to a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 604) Sets forth provisions regarding: (1) authorization for interceptions of communications in certain terrorism-related offenses; (2) participation of foreign and State government personnel in interceptions of communications; and (3) disclosure of intercepted communications to foreign law enforcement agencies. (Sec. 607) Amends the Immigration and Nationality Act (INA) to establish procedures to apply whenever the Attorney General certifies under seal to a special court (established pursuant to this section) that: (1) the Attorney General or Deputy Attorney General has approved of the proceeding; (2) an alien terrorist is physically present in the United States; and (3) removal of such terrorist by deportation proceedings would pose a risk to national security because such proceedings would disclose classified information. Directs the Chief Justice of the United States to publicly designate up to seven judges to hear and decide such cases. Sets forth procedures for a special removal hearing, including provision for appointment of counsel and appeals. (Sec. 608) Declares that the territorial sea of the United States (extending to 12 miles) is part of the United States, subject to its sovereignty, and for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. (Sec. 609) Extends Federal criminal jurisdiction over certain terrorism offenses overseas. (Sec. 610) Directs the Administrator of the FAA to issue regulations requiring FAA employees and agents to report to appropriate Federal and State law enforcement officers discoveries of controlled substances or cash in excess of $10,000. (Sec. 611) Amends the INA to permit the Attorney General to: (1) authorize an application to a Federal court of competent jurisdiction for, and a judge of such court to grant, an order authorizing disclosure of information contained in the application of the alien (as a result of an investigation of the alien by an investigative or law enforcement officer) that is necessary to locate and identify the alien under specified circumstances; and (2) furnish information under this section with respect to an alien to an official coroner for purposes of permitting the coroner to identify a deceased individual and to others under specified circumstances. (Sec. 612) Permits, in the exercise of comity, the surrender of persons, other than citizens, nationals, or permanent residents of the United States, who have committed crimes of violence against U.S. nationals in foreign countries without regard to the existence of any extradition treaty with such foreign government if the Attorney General certifies in writing that: (1) evidence has been presented by the foreign government that indicates that had the offenses been committed in the United States they would constitute crimes of violence; and (2) the offenses charged are not of a political nature. (Sec. 613) Requires the Director of the FBI to report to the Congress on the effectiveness of provisions of the VCCLEA regarding the prohibition against providing material support to terrorists. (Sec. 614) Increases penalties for terrorism crimes. (Sec. 615) Sets penalties and procedures with respect to criminal offenses committed outside the United States by persons accompanying the armed forces. Title VII: Miscellaneous and Technical Provisions - Subtitle A: Elimination of Certain Programs - Repeals specified VCCLEA provisions regarding: (1) the Ounce of Prevention Council; (2) local crime prevention block grants; (3) model intensive grants; (4) family and community endeavor schools grants; (5) assistance for delinquent and at-risk youth; (6) police recruitment; (7) the Local Partnership Act; (8) national community economic partnership; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; (11) the family unity demonstration project; (12) residential substance abuse treatment for State prisoners; (13) gang resistance education and training; (14) drug courts; and (15) the presidential summit on violence and the National Commission on Crime Prevention and Control. Subtitle B: Amendments Relating to Violent Crime Control - Repeals specified VCCLEA provisions regarding violent crime and drug emergency areas. (Sec. 712) Revises specified Federal criminal code provisions regarding violent crimes in aid of racketeering activity to increase penalties for such offenses and to expand the scope of the offenses covered by such provisions. (Sec. 713) Grants the Attorney General and the FBI authority to investigate serial killings in violation of the laws of a State or political subdivision when requested by the head of a law enforcement agency with investigative or prosecutive jurisdiction over the offense. (Sec. 714) Subjects a person who conspires to commit any of specified firearms or explosives offenses to the same penalties (other than the death penalty) as those prescribed for the offense the commission of which was the object of the conspiracy. (Sec. 715) Increases penalties for violence in the course of riot offenses. (Sec. 716) Sets forth provisions regarding: (1) pretrial detention for possession of firearms or explosives by convicted felons; (2) elimination of the scienter element for carjacking; (3) theft of vessels; (4) RICO conspiracy (clarification that it is not necessary to establish that the defendant agreed personally to commit any acts of racketeering activity to be liable); (5) addition of attempts to cause bodily injury under the interstate domestic violence offense; (6) addition of foreign murder as a money laundering predicate; (7) inclusion of other felony crimes of violence under provisions regarding the use of interstate commerce facilities in the commission of murder-for-hire; and (8) inclusion of threats to use a weapon of mass destruction within provisions regarding the use of such weapons. Subtitle C: Amendments Relating to Courts and Sentencing - Amends the Federal criminal code, Federal judicial code, and rule 35 of the Federal Rules of Criminal Procedure to allow a reduction of sentence for providing substantial assistance in an investigation of any offense. (Sec. 732) Repeals a requirement from the Government appeal statute that the U.S. attorney certify to the district court that an appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding. (Sec. 735) Amends the Federal criminal code and rule 35 to place limits on a reduction of sentence for substantial assistance of a defendant. (Sec. 736) Grants a court the authority to impose a sentence of probation or supervised release when reducing a sentence of imprisonment in certain cases. (Sec. 739) Extends the Parole Commission to deal with "old law" prisoners. (Sec. 741) Repeals provisions barring Federal prosecution of specified offenses. Subtitle D: Miscellaneous Amendments - Makes technical and conforming amendments to the Federal criminal code, CSA, and Controlled Substances Import and Export Act. (Sec. 754) Sets penalties for larceny involving post office boxes and postal stamp vending machines. (Sec. 757) Applies various offenses to U.S. possessions and territories. (Sec. 760) Grants courts authority to order a cable operator not to notify the subscriber of the existence of a subpoena or court order issued to such operator for basic subscriber information in connection with proceedings before a Federal grand jury.
United States · United States Congress · 4 January 1995
Peace Powers Act of 1995 - Repeals the War Powers Resolution. (Sec. 3) Requires the President, in every possible instance, to consult with the Congress before introducing the armed forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated and to consult regularly with the Congress until such forces are no longer engaged in such hostilities or have been removed from such situations. (Sec. 4) Directs the President, in the absence of a declaration of war, to report to the Speaker of the House and the president of the Senate in any case in which the armed forces are introduced: (1) into hostilities or situations described above; (2) into the territory, airspace, or waters of a foreign nation while equipped for combat, with specified exceptions; or (3) in numbers which substantially enlarge armed forces equipped for combat already located in a foreign nation. Requires such report to set forth: (1) the circumstances necessitating such introduction; (2) the constitutional and legislative authority under which such introduction took place; and (3) the estimated scope and duration of the hostilities or involvement. Provides for continuing reports to the Congress as long as the armed forces are so engaged. (Sec. 5) Amends the United Nations Participation Act to prohibit the President from subordinating any element of the armed forces participating in a United Nations peacekeeping activity to the command or operational control of any foreign nationals unless he submits specified documents to the designated congressional committees or the Congress enacts an Act or joint resolution authorizing such subordination. Lists as the specified documents determinations by the President that: (1) the proposed subordination is in the national security interest (along with a justification for such determination); (2) the unit commanders of the armed forces proposed for subordination will retain the ability to report independently to higher U.S. military authorities; (3) the United States will retain authority to withdraw the armed forces from the activity at any time and to take any action to protect such forces if endangered; (4) the armed forces will remain under U.S. administrative command for purposes of discipline and evaluation; and (5) the proposed foreign command arrangement does not violate the Constitution. (Sec. 6) Requires the President to report to the appropriate congressional committees on the total amount of funds appropriated for national defense purposes after FY 1995 that were expended during the preceding fiscal year for United Nations peacekeeping activities. Permits the payment to the United Nations of the U.S. share of peacekeeping activities, beginning with FY 1996, only to the extent that such share exceeds the total amount appropriated for the preceding fiscal year reduced by the amount of any reimbursement or credit for U.S. support for peacekeeping. (Sec. 7) Provides for notification to the Congress of proposed participation in, or expenditure of funds for, United Nations peacekeeping activities.
United States · United States Congress · 4 January 1995
Exclusionary Rule Limitation Act of 1995 - Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the search or seizure was undertaken in an objectively reasonable belief that it was in conformity with the fourth amendment to the U.S. Constitution. States that evidence obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of such a reasonable belief (unless the warrant was obtained through intentional and material misrepresentation). States that, except as provided by statute or a rule of procedure, evidence which is otherwise admissible shall not be excluded on the ground that the evidence was obtained in violation of a law, rule, or regulation.
United States · United States Congress · 4 January 1995
Private Property Rights Act of 1995 - States that the Congress declares that the Federal Government should protect the health, safety, and welfare of the public and, in doing so, to the extent practicable, avoid takings of private property. Directs Federal agencies to complete a private property taking impact analysis before issuing or promulgating any policy, regulation, proposed legislation, or related agency action which is likely to result in a taking of private property. Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised; (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations; (3) law enforcement actions; (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property; (5) military activities or military or foreign affairs functions; and (6) emergencies involving immediate threats to health or safety. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Requires each agency to provide the analysis required by this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) in conjunction with the proposed regulation. Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act. Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, or an award of compensation pursuant to the Just Compensation Clause of the Fifth Amendment to the Constitution. Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Denies enforceability against any State or local government of: (1) any obligation imposed upon such government by or pursuant to a Federal law that becomes effective after the ratification of this amendment unless the Federal Government provides it with the funds needed to pay its compliance costs; and (2) any condition similarly imposed upon the receipt of Federal assistance by such a government unless it is directly and substantially related to the specific subject matter of the assistance. Allows waiver of such denial by a two-thirds recorded roll call vote of each House of Congress only if such obligations or conditions are specifically identified and imposed by a single, specified Act of Congress containing no other matter. Prohibits any Federal law from imposing upon any State or local government an obligation to enact or administer a Federal program. Provides for judicial review, but disallows as a judicial remedy an order or ruling that the Federal Government provide a State or local government with the funds needed to pay its compliance costs. Provides that nothing in this constitutional amendment shall be construed as rendering compatible with the U.S. Constitution any exercise of Federal power that would, in the absence of the amendment, violate that Constitution.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Prohibits any Federal tax from being imposed for the period before the date of enactment of the tax.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Requires a balanced Federal budget, unless a three-fifths roll call vote of both Houses of Congress provides for a specific excess of outlays over receipts. Prohibits an increase in the public debt limit except by a three-fifths roll call vote by both Houses of Congress. Requires the President to submit a balanced budget to the Congress. Prohibits any bill increasing revenue from becoming law unless approved by a majority roll call vote of both Houses.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Grants the President the authority to disapprove any item of appropriation in any Act or joint resolution.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit or require voluntary prayer in public schools or at public school extracurricular activities.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Requires any Federal official appointed by the President with the advice and consent of the Senate, upon conviction of a felony, to forfeit office and all prerogatives, benefits, or compensation thereof.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Prohibits, except in time of war, Federal fiscal year expenditures from exceeding: (1) Federal revenues for that fiscal year, except revenue received from the issuance of bonds, notes, or other obligations of the United States; and (2) 20 percent of the gross national product for the preceding calendar year. Authorizes the Congress to suspend these prohibitions by concurrent resolution.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Prohibits, in any fiscal year, total Federal outlays from exceeding total receipts and Federal outlays from exceeding 19 percent of the Nation's gross national product. Allows such prohibitions to be suspended by a three-fifths roll call vote of each House of Congress.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths vote of both Houses authorizes a specific excess. Prohibits a bill to increase receipts from becoming law unless approved by a three-fifths majority in each House. Directs the President to submit a balanced budget. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses becomes law. Requires roll call votes in the House and Senate under this amendment.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Declares that: (1) the Constitution shall not be construed to prohibit individual or group prayer in public schools or other public institutions; (2) no person shall be required by the United States or by any State to participate in prayer; and (3) neither the United States nor any State shall compose the words of any prayer to be said in public schools.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Requires a balanced Federal budget, unless a three-fifths roll call vote of both Houses of Congress provides for a specific excess of outlays over receipts. Prohibits any bill raising taxes from becoming law unless approved by a majority roll call vote of both Houses.
United States · United States Congress · 4 January 1995
National Firearms Policy Commission Act - Establishes a National Firearms Policy Commission to formulate a national firearms policy and develop recommendations for legislation designed to control crime without violating rights provided by the Second Amendment to the Constitution.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Mineral Exploration and Development Title II: Environmental Considerations of Mineral Exploration and Development Title III: Abandoned Minerals Mine Reclamation Fund Title IV: Administrative and Miscellaneous Provisions Mineral Exploration and Development Act of 1995 - Title I: Mineral Exploration and Development - Sets forth guidelines for mineral exploration on public domain lands. Declares that holders of mining claims executed under this Act have the exclusive right of possession and use of the claimed land for mineral activities. (Sec. 103) Prescribes rules for mining claim location and use of public land surveys. Provides for administrative adjudication of conflicting claims. Mandates a specified location fee for every unpatented mining claim located after the date of enactment of this Act. (Sec. 104) Subjects existing unpatented mining claims, mill sites, and tunnel sites to the provisions of this Act ("converted mining claims"). (Sec. 105) Sets forth certain annual claim maintenance fees. Mandates that all monies received from such fees be deposited into the Abandoned Locatable Minerals Mine Reclamation Fund (established under this Act). (Sec. 106) States that failure to comply with the requirements of this Act shall be deemed conclusively to constitute forfeiture of the mining claim. (Sec. 107) Prescribes procedural guidelines for: (1) contesting a mining claim on the basis of discovery; and (2) demonstrating the continued sufficiency of a mining claim. Title II: Environmental Considerations of Mineral Exploration and Development - Directs the Secretary of the Interior, and for National Forest System lands the Secretary of Agriculture (the Secretaries), to require that mineral activities on Federal lands be conducted in a manner that minimizes adverse impacts to the environment. Prescribes surface management guidelines for the granting of both an exploration and an operations permit. Requires applications for such permits to contain both an operations plan and a reclamation plan, and evidence of financial assurances. Limits an operations permit to a ten-year term (subject to renewal). (Sec. 205) Declares persons in violation of this Act ineligible for permits. Sets as a prerequisite to the issuance of any permit evidence of financial assurance payable to the United States for all lands to be affected by the mineral activities described in the permit application. (Sec. 207) Mandates that lands subject to mineral activities be restored to a condition capable of supporting their prior uses, or to other beneficial uses which conform to applicable land use plans. Sets forth reclamation standards applicable to mineral exploration. (Sec. 208) Declares that State standards for reclamation, bonding, inspection, and water or air quality which either meet or exceed Federal standards shall not be construed as inconsistent with this Act. Permits cooperative agreements between the States and the Secretary. Prohibits the Secretary from delegating authorities or responsibilities conferred under this Act to any State or its political subdivision. (Sec. 209) Requires the Secretaries, in preparing land use plans, to determine those areas deemed unsuitable for certain mineral activities. Requires withdrawal of such areas from mineral exploration and development. Title III: Abandoned Locatable Minerals Mine Reclamation Fund - Establishes the Abandoned Locatable Minerals Mine Reclamation Fund (the Fund) to be administered by the Secretary of the Interior acting through the Director of the Office of Surface Mining Reclamation and Enforcement for the reclamation and restoration of land and water resources adversely affected by past minerals activities on certain public lands. (Sec. 303) Restricts reclamation expenditures to Federal or Indian land and water resources that traverse or are contiguous to Federal or Indian lands where such resources have been affected by past mineral activities. Authorizes appropriations. (Sec. 306) Subjects to a royalty scheme of eight percent of the net smelter return the production of locatable minerals (or mineral concentrates or products derived from locatable minerals) from any mining claim under this Act. Title IV: Administrative and Miscellaneous Provisions - Subtitle A: Administrative Provisions - Amends the Mining and Minerals Policy Act of 1970 and the National Materials and Minerals Policy Research and Development Act of 1980 to direct the Secretary of Agriculture to implement minerals policy and actions to improve availability and analysis of mineral data in Federal land use decision making for National Forest System lands. (Sec. 402) Authorizes the Secretaries to establish and collect user fees to reimburse the United States for expenses incurred in administering this Act. (Sec. 403) Prescribes procedural guidelines for the publication of an application for an operations permit and public participation requirements. (Sec. 404) Instructs the Secretaries to: (1) inspect mineral activities to ensure compliance with surface management requirements; and (2) require all operators to maintain a monitoring and evaluation system to identify compliance with them. Authorizes citizen suits to enforce compliance. (Sec. 406) Prescribes procedural guidelines for administrative and judicial review of agency actions. (Sec. 407) Sets forth enforcement guidelines and civil and criminal penalties for non-compliance. Subtitle B: Miscellaneous Provisions - Provides transitional rules for: (1) new and preexisting claims; (2) claims that have not been converted; (3) contest proceedings; and (4) oil shale claims. (Sec. 413) Adjusts the dollar amounts established under this Act to a certain inflation formula. (Sec. 417) Prohibits the issuance after January 4, 1995, of patents for vein, lode, placer, and mill site mining claims unless certain administrative requirements are met. (Sec. 418) Declares that the Multiple Minerals Development Act, and certain other Federal law, apply to all mining claims located or converted under this Act. (Sec. 419) Amends Federal law to subject all mineral materials deposits to disposal under the terms of the Materials Act of 1947 (eliminating the concept of uncommon varieties). Renames specified Federal : s: (1) the Surface Resource Act of 1955; and (2) the Materials Act of 1947. Repeals the Building Stone Act and the Saline Placer Act. (Sec. 420) Declares this Act applicable to Federal lands that are used for beneficiation or processing activities for any mineral regardless of Federal title to the mineral. (Sec. 421) Requires recipients of funds under this Act to comply with the "Buy American Act." Expresses the sense of the Congress that such funds should be used to purchase only American-made equipment and products. Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "made in America" label to a product that is not U.S.-made. (Sec. 423) Declares that court-awarded compensation for a Federal taking under the Fifth Amendment of the Constitution shall be paid from the Fund. Directs the Secretary of the Interior to submit an annual report to the Congress describing the percentage of each mining claim held by a foreign firm.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: State Correctional Litigation Reform Act of 1995 Title II: Repeal of the Ban on Semi-Automatic Assault Weapons and the Ban on Large Capacity Ammunition Feeding Devices Title III: Enhanced Gun Penalties Title I: State Correctional Litigation Reform Act of 1995 - Law Abiding Citizens Safety Act of 1995 - Requires that any action challenging conditions of confinement in a correctional institution filed on behalf of other inmates or as a class action be brought by the Attorney General unless specified requirements are met. Specifies that any action brought by an inmate in an individual capacity shall have no collateral estoppel effect other than as between the parties to the action. Authorizes the Attorney General, upon declination of the initial intervention request by the inmate and if requested by a State, to intervene on behalf of institutional administrators. Prohibits the court from awarding attorney's fees in any action challenging conditions of confinement unless the litigation results in the issuance of an injunction or the court awards attorney's fees as a sanction for filing a frivolous lawsuit, subject to specified conditions. Prohibits a court, in any litigation challenging conditions of confinement, from granting any relief unless the conditions challenged constitute the unnecessary and wanton infliction of pain due to the deliberate indifference of institutional administrators such that inmates are deprived of the minimum civilized measure of life's necessities. Specifies that: (1) if the institution makes a per inmate expenditure equal to or exceeding the poverty guideline level there is a presumption that such administrators are not deliberately indifferent which may be rebutted only by clear and convincing evidence to the contrary; and (2) failure to make such expenditures does not give rise to a presumption that such conditions are unconstitutional. Requires every pleading, motion, or other paper (pleading) of a party to be signed by at least one attorney of record or by the party if not represented by an attorney which certifies that the signer has carefully read the pleading and believes that it is: (1) well grounded in fact; (2) warranted by existing case law or there is a good faith argument for the extension, modification, or reversal of existing law; and (3) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. Provides for sanctions against violators of this provision. Provides that any civil action for deprivation of rights challenging the conditions of confinement of an institution shall be heard by a three judge district court. Bars any such court from issuing an injunction in such an action absent a showing of extraordinary circumstances or unless institutional administrators have failed to adhere to a written declaratory judgment finding that a condition of confinement is unconstitutional. Limits injunctive relief to the minimum necessary to remedy any unconstitutional condition of confinement. Authorizes such a court, upon motion of a party at any time, to conduct a hearing on whether an order or decree entered as a result of any such action challenging the constitutionality of conditions of confinement should be modified due to: (1) changed factual circumstances; (2) a change or clarification of the relevant law; (3) a succession in office of an official responsible for having consented to a decree; (4) the government's financial constraints or any other matter affecting public safety or the public interest; and (5) any ground provided in rule 60(b) of the Federal Rules of Civil Procedure (including mistake, inadvertence, excusable neglect, newly discovered evidence, and fraud). Directs the court to: (1) conduct such a hearing if the motion was filed more than one year after the date of the order or the decree or the date on which the last modification hearing was conducted, whichever is later; and (2) if it denies a motion to modify an order or consent decree, make a written finding that the relief provided in the order or decree, as of the decision date, is no greater than the minimum required to bring the conditions of confinement into substantial compliance with the Constitution. (Sec. 104) Authorizes the Attorney General to institute certain civil actions regarding flagrant or egregious conditions of confinement only to the extent permitted by this Act. Specifies that nothing in this section shall prohibit the Attorney General from intervening on behalf of prison officials if requested by a State. Prohibits the Attorney General from initiating or intervening on behalf of an inmate in an action alleging a violation of the Eighth Amendment to the Constitution unless the Attorney General finds reasonable cause to believe that such persons are subjected to conditions which constitute the unnecessary and wanton infliction of pain due to the deliberate indifference of institutional administrators such that those persons are deprived of the minimum civilized measure of life's necessities. (Sec. 105) Revises provisions regarding exhaustion of administrative remedies. Directs the court, in any action for deprivation of civil rights filed by an inmate, to require exhaustion of such remedies. Provides that an action brought by an inmate alleging a violation of constitutional rights relating to the conditions of confinement may not be maintained unless the inmate has first: (1) exhausted any remedies available in the institution and the courts of the State, unless it appears that there is an absence of available State corrective process or that circumstances exist which render such process ineffective; and (2) petitioned the Attorney General to institute an action for, or to intervene on behalf of, the inmate and the Attorney General has not so intervened or has declined to intervene. Requires that any such action state with particularity: (1) the exhaustion of remedies or reasons exhaustion has not been pursued; (2) any applicable decision of the Attorney General; (3) the specific constitutional right alleged to have been violated and all specific facts supporting the allegation; (4) the specific nature of the condition of confinement and the manner in which the institutional administrators have been deliberately indifferent to the wanton and unnecessary infliction of pain such that the inmate has been deprived of the minimum civilized standard of life's necessities; or (5) the relief requested. Specifies that an inmate shall not be deemed to have exhausted the remedies available in the courts of the State if he has the right under State law to raise, by any available procedure, the question presented. Provides that, in any proceeding instituted in a Federal court for relief alleging a violation of constitutional rights arising from conditions of confinement, a determination after a hearing on the merits of a factual issue made by a State court shall be presumed correct unless: (1) the inmate establishes, it otherwise appears, or the respondent admits that the merits of the factual dispute were not resolved, the fact finding procedure employed by the State court was not adequate, the material facts were not adequately developed, the State court lacked jurisdiction over the subject matter or over the inmate, the inmate did not receive a full, fair, and adequate hearing, or the applicant was otherwise denied due process; or (2) the Federal court, on a consideration as a whole of that part of the record of the State court proceeding in which the determination of such factual issue was made pertinent to a determination of the sufficiency of the evidence, concludes that such factual determinations are not fairly supported by the record. Sets forth provisions regarding: (1) the burden of proof; (2) challenges to the sufficiency of the evidence; and (3) the admissibility of copies of official records of State courts in Federal court proceedings. (Sec. 106) Repeals provisions regarding minimum standards for the resolution of grievances of confined adults, review and certification procedures, and the failure of a State to adopt or adhere to an administrative grievance procedure. (Sec. 107) Delineates as conditions that shall not be deemed "cruel and unusual punishment" of prisoners: (1) the absence of or failure to provide access to cable TV or other entertainment or to recreational facilities such as basketball courts, gyms, or other areas; (2) the quality of food as long as the appropriate medical official certifies that it meets minimal nutritional standards to sustain life; (3) the number, training, or qualifications of prison officials; (4) the placement of more than one prisoner in a cell; (5) defects in the style, type, or condition of prison clothing; (6) the age or conditions of the prison structure, as long as it remains structurally sound; or (7) the absence of any other luxury or amenity. Title II: Repeal of the Ban on Semiautomatic Assault Weapons and the Ban on Large Capacity Ammunition Feeding Devices - Restoration of Certain Second Amendment Rights Act - Amends the Federal Criminal Code (and the Violent Crime Control and Law Enforcement Act of 1994) to repeal the ban on semiautomatic assault weapons and the ban on large capacity ammunition feeding devices. Title III: Enhanced Gun Penalties - Revises provisions of the Federal criminal code with respect to using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime to provide enhanced penalties for persons convicted of using or carrying a firearm during and in relation to a felony. (Sec. 302) Sets a mandatory minimum term of five years' imprisonment for knowing possession of a firearm by a convicted felon, fugitive from justice, addict or unlawful user of a controlled substance, or a transferor or receiver of a stolen firearm. (Sec. 303) Increases the general penalty for violation of Federal firearms laws.
United States · United States Congress · 4 January 1995
Individual Privacy Protection Act of 1995 - Amends the Privacy Act of 1974 to increase the minimum amount of civil damages against the United States when an agency fails to maintain a record on an individual with accuracy, relevance, timeliness, or completeness in order to assure fairness. Sets limits on such recoveries. Establishes an Individual Privacy Protection Board to: (1) study the data banks, automated data processing programs, and information systems of public and private organizations to determine standards and procedures in force for the protection of personal information; (2) recommend to the President and the Congress the extent to which provisions of the Privacy Act should be applied to such organizations; (3) develop guidelines and provide continuing assistance for, and investigate compliance with, individual records maintenance requirements; (4) review Federal law, Executive orders, regulations, directives, and judicial decisions and report on their consistency with the rights of privacy, due process of law, and other guarantees in the Constitution; and (5) comment on the implications for data protection of proposed Federal, State, or local statutes, regulations, or procedures. Provides penalties for violations of privacy rights.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: State of New Columbia Subtitle A: Procedures for Admission Subtitle B: Description of New Columbia Territory Subtitle C: General Provisions Relating to Laws of New Columbia Title II: Responsibilities and Interests of Federal Government Title III: General Provisions New Columbia Admission Act - Title I: State of New Columbia - Subtitle A: Procedures for Admission - Sets forth procedures for admission into the United States of the State of New Columbia. Requires the Mayor of the District of Columbia to: (1) submit to the eligible voters propositions for statehood and adoption of a State Constitution; and (2) issue a proclamation for the first elections to the Congress of two Senators and one Representative of New Columbia. Requires the President, upon adoption of such propositions and certification of such elections, to issue a proclamation announcing the results and admitting New Columbia into the Union. Provides for conversion of District government offices to State offices. Subtitle B: Description of New Columbia Territory - Provides that New Columbia shall consist of all territory of the District as of the date of enactment of this Act, excluding land within specified metes and bounds that shall remain the District of Columbia and that shall include the principal Federal monuments, the White House, the Capitol Building, the Supreme Court Building, the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and certain military property. Subtitle C: General Provisions Relating to Laws of New Columbia - Prohibits New Columbia from imposing taxes on Federal property except as provided by the Congress. Maintains the applicability to New Columbia of current District laws and continues pending judicial proceedings. Title II: Responsibilities and Interests of Federal Government - Maintains: (1) the District of Columbia as the seat of the Federal Government; and (2) the Federal Government's authority over military lands and specified other property. Provides for Federal payments in lieu of taxes to New Columbia. Directs the Secretary of the Interior to take a scenic easement in the space above all lots within New Columbia. Requires each State that is the last place an individual resided before residing in the District of Columbia to permit such individual to vote in Federal elections by absentee ballot. Sets forth a rule for expedited consideration of a joint resolution proposing an amendment to the Constitution to repeal the 23d amendment (provides for the appointment of electors for President and Vice President for the District). Title III: General Provisions - Establishes a Statehood Transition Commission to advise the President, the Congress, the District, and, after admission, New Columbia on procedures for an orderly transition to statehood during the first two years of New Columbia's existence. Directs the Commission to make recommendations regarding: (1) continued applicability of current Federal laws to the District; (2) the amount of the annual payment in lieu of taxes to New Columbia; and (3) the incarceration of individuals convicted of crimes in New Columbia and a plan for closing the Lorton Correctional Complex, Virginia, by 2010.
United States · United States Congress · 4 January 1995
Judicial Taxation Prohibition Act - Amends the Federal judicial code to deny to inferior Federal courts established by the Congress under article III of the Constitution jurisdiction to issue any remedy, order, writ, or other judicial decree requiring the Federal Government or any State or local government to impose any new tax or to increase any existing tax or tax rate.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths vote of both Houses authorizes a specific excess. Prohibits a bill to increase receipts from becoming law unless approved by a three-fifths majority in each House. Directs the President to submit a balanced budget. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses become law. Requires roll call votes in the House and Senate under this amendment.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Denies enforceability against any State or local government of: (1) any obligation imposed upon such government by or pursuant to a Federal law that becomes effective after the ratification of this amendment unless the Federal Government provides the funds needed to pay compliance costs; and (2) any condition similarly imposed upon the receipt of Federal assistance by such a government unless it is directly and substantially related to the specific subject matter of the assistance. Allows waiver of such denial by a two-thirds recorded roll call vote of each House of Congress only if such obligations or conditions are specifically identified and imposed by a single, specified Act of Congress containing no other matter. Provides for judicial review, but disallows as a judicial remedy any order or ruling that the Federal Government provide a State or local government with the funds needed to pay its compliance costs.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Provides that no person who has been elected to the Senate two times shall be eligible for election or appointment to the Senate. Provides that no person who has been elected to the House of Representatives six times shall be eligible for election to the House.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Prohibits any person from serving in Congress for more than two full terms as a Senator or for more than three full terms as a Representative. (Excludes service before this article takes effect.)
United States · United States Congress · 4 January 1995
Constitutional Amendment - Provides for staggered four-year terms for Members of the House of Representatives. Prohibits persons from being elected to the House more than four times or more than three times to four-year terms. Prohibits persons from being elected to the Senate more than twice.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Findings, Policy, and Purposes Title II: Missile Defense Title III: Revitalization of National Security Commission Title IV: Command of United States Forces Title V: United Nations Title VI: Revitalization and Expansion of the North Atlantic Treaty Organization Title VII: Budget Firewalls National Security Revitalization Act - Title I: Findings, Policy, and Purposes - Sets forth as purposes of this Act: (1) to establish a commission to reassess U.S. military needs and reverse the decline in defense spending; (2) to commit to acceleration of the development and deployment of theater and national ballistic missile defense capabilities; (3) to restrict deployment of U.S. forces to missions that are in the national interest; (4) to maintain U.S. command of U.S. forces participating in United Nations (UN) peacekeeping operations and to reduce the cost to the United States of such operations; and (5) to reemphasize the U.S. commitment to the North Atlantic Treaty Organization (NATO). Title II: Missile Defense - Directs the Secretary of Defense (Secretary) to: (1) develop for deployment at the earliest possible date a cost- and operationally-effective antiballistic missile system to protect the United States against ballistic missile attacks; and (2) develop for expeditious deployment advanced theater missile defense systems. Requires a plan with respect to the deployment of such systems to be submitted to specified congressional committees within 60 days after enactment of this Act. Title III: Revitalization of National Security Commission - Establishes the Revitalization of National Security Commission to conduct a comprehensive review of the long-term U.S. national security needs. Requires an interim and final report from the Commission to designated congressional committees on its assessments and recommendations. Provides funding. Title IV: Command of United States Forces - Prohibits funds made available to the Department of Defense (DOD) from being obligated or expended for activities of any element of the armed forces that after the date of enactment of this Act is placed under the command or operational control of a foreign national acting on behalf of the UN for international peacekeeping or peace enforcement purposes. Waives such prohibition if the President, at least 15 days in advance, certifies to the Congress that such command or control is necessary to protect U.S. national security interests. Allows the President, in emergency situations, to allow such foreign command or control without the advance notification, but requires congressional notification within 48 hours after such action. Outlines certification requirements. Waives all such requirements when less than 50 members of U.S. armed forces are involved. Requires the President to submit to the Congress a memorandum of legal points and authorities explaining why the foreign placement of U.S. military personnel does not violate the Constitution. Excepts ongoing operations in Macedonia from the above requirements. (Sec. 402) Amends the United Nations Participation Act of 1945 (the Act) to require approval by the Congress, by law, of any presidential action taken which makes available to the UN Security Council, or a foreign national acting on behalf of the UN, U.S. armed forces for international peace and security activities. Provides exceptions: (l) in the case of presidential certifications, as above; and (2) when such action is authorized by law. Outlines certification requirements and provides an exception for: (1) actions requiring less than 50 U.S. military personnel; and (2) ongoing operations in Macedonia. Requires the President to submit to the Congress the same legal memorandum as required above. Title V: United Nations - Amends the Act to specifically limit the U.S. assessment for UN expenditures in support of international peacekeeping operations. Requires crediting for the United States by the UN for the costs of U.S. support for, or participation in, such activities. Directs the President to annually submit to designated congressional committees a report on the total amount of any fiscal year's national defense funds that are expended to support such activities. (Sec. 502) Codifies within the Act specified provisions of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, concerning the required notification to the Congress of proposed UN peacekeeping activities. Requires within such notification a description of any uncovered U.S. assistance to or support for such activities. Defines a new UN peacekeeping operation as one to be expanded by more than 25 percent during the period covered, or one to be authorized to operate in a country in which it was not previously authorized. (Sec. 503) Requires presidential notification to designated congressional committees within 15 days: (1) after receipt by the United States of a billing request from the UN for the U.S. contribution toward UN peacekeeping activities; or (2) before the U.S. obligates funds for such contributions (except for emergencies, in which case notification is required within 48 hours of such obligation). (Sec. 504) Requires, in a report required under the Act, a description of the anticipated budget for the next fiscal year for U.S. participation in UN peacekeeping activities. (Sec. 506) Authorizes the Secretary, in emergency circumstances, to waive the requirement for reimbursement to the United States for in-kind contributions to UN peacekeeping activities. Requires appropriate notification to the designated congressional committees. Directs the Secretary of State to ensure that U.S. goods provided by DOD on a reimbursable basis for UN peacekeeping activities are reimbursed at the appropriate value. Directs the U.S. Permanent Representative to the UN to report to the designated congressional committees on all U.S. action taken to achieve such objectives. (Sec. 507) Prohibits appropriated funds from being used in any fiscal year to pay any U.S. assessed or voluntary contribution for UN peacekeeping activities until the Secretary certifies to the Congress that the UN has reimbursed DOD directly for all goods and services provided during the previous fiscal year for such activities. (Sec. 508) States that, beginning October 1, 1995, funds made available to DOD shall be available for UN peacekeeping activities or their related incremental costs only to the extent that the Congress has by law specifically made those funds available for such purpose. (Sec. 509) Codifies within the Act a specified provision which limits the use of funds authorized for Contributions for International Peacekeeping Activities for payment of the U.S. assessed contribution for a UN peacekeeping operation to 25 percent of the total amount of all assessed contributions for such operation. (Sec. 510) Prohibits funds from being obligated or expended for U.S. contributions to UN peacekeeping activities unless the Secretary of State determines and certifies to the designated congressional committees that U.S. manufacturers and suppliers are being given opportunities equal to foreign manufacturers and suppliers to provide equipment, material, and services for such activities. (Sec. 511) Withholds specified percentages of U.S. assessed and voluntary contributions toward UN peacekeeping activities until receipt by the Congress of a certification by the President that the UN, through its Office of Inspector General, has undertaken certain prescribed activities with respect to a financial and management accounting of UN peacekeeping activities. (Sec. 512) Authorizes the United States to provide intelligence to the UN only pursuant to a written agreement between the President and the UN's Secretary General specifying the types of and circumstances for such intelligence and the procedures to be observed by the UN with respect to access and disclosure of the intelligence. Requires advance notification (30 days) to the Congress before such an agreement will be considered effective. Provides exceptions. Title VI: Revitalization and Expansion of the North Atlantic Treaty Organization - NATO Revitalization and Expansion Act of 1995 - Declares that it should be U.S. policy: (1) to continue the commitment to an active leadership role in NATO; (2) to join with NATO allies to redefine the role of the alliance in the post-Cold War world, taking into account specified factors; (3) to affirm that NATO military planning should include joint military operations beyond the geographic bounds of the alliance under the North Atlantic Treaty when the shared interests of the United States and other member countries require such actions to defend vital interests; (4) that Poland, Hungary, the Czech Republic and Slovakia should be permitted to join NATO by January 10, 1999, as long as each such country meets specified standards and undertakes certain commitments; (5) that the United States and other NATO member nations should furnish appropriate assistance to enable such countries to achieve membership by such date; and (6) that other European countries, particularly the Baltic states and Ukraine, may be in a position to achieve NATO membership at a future date. (Sec. 604) Directs the President to establish a program to assist the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and any other European country emerging from communist domination that is designated by the President. Outlines types of assistance to be provided. Requires annual reports from the President to the appropriate congressional committees on the progress made in implementing this section. Title VII: Budget Firewalls - Expresses the sense of the Congress that so-called "budget firewalls" between defense and domestic discretionary spending should be established for each of FY 1996 through 1998.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Places restrictions on the number of years a person may: (1) serve as a Representative or Senator, congressional employee, or lobbyist, or in any combination thereof; or (2) be stationed within the District of Columbia metropolitan area while employed by the executive branch.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Establishes a four-year term of office for the House of Representatives to begin at noon on the third day of January of the year in which the term of office of the President begins. Limits a Representative to three terms and a Senator to two terms.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Limits a Representative to six and one-half terms and a Senator to two and one-half terms. Allows a person holding office on the adoption of this Amendment to complete his or her term.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Increases the term of office of a Member of the House of Representatives to four years. Limits a Representative to three four-year terms.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Prohibits a person from being elected to serve more than three consecutive terms in the House of Representatives or more than two consecutive terms in the Senate.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Prohibits any person from being elected to the House of Representatives more than three times or from being elected or appointed to the Senate more than once.