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Law· HRH.R. 3259 (104th)enacted
United States · United States Congress · 17 April 1996
TABLE OF CONTENTS: Title I: Intelligence Activities Title II: Central Intelligence Retirement and Disability System Title III: General Provisions Intelligence Authorization Act for Fiscal Year 1997 - Title I: Intelligence Activities - Authorizes appropriations for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency; (2) Department of Defense; (3) Defense Intelligence Agency; (4) National Security Agency; (5) Departments of the Army, Navy, and Air Force; (6) Departments of State, the Treasury, and Energy; (7) Federal Bureau of Investigation; (8) Drug Enforcement Administration; (9) National Reconnaissance Office; and (10) Central Imagery Office. Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1997, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President. Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 1997 when the DCI determines that such action is necessary to the performance of important intelligence functions, subject to specified limitations. Requires notification of the Senate and House Intelligence Committees whenever such authority is exercised. Authorizes appropriations for the Intelligence Community Management Account of the DCI for FY 1997. Authorizes 207 full-time personnel for the Community Management Staff of the DCI as of September 30, 1997. Provides for the reimbursement of any U.S. officer or employee, or member of the armed forces, who is detailed to such Staff. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for FY 1997 for the Central Intelligence Agency Retirement and Disability System Fund. Title III: General Provisions - Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional amounts as may be necessary for increases in such compensation or benefits authorized by law. Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.
Resolution· HCONRESH.Con.Res. 163 (104th)referred
United States · United States Congress · 17 April 1996
Expresses the sense of the House of Representatives that Belarus declared itself as an Independent Belarusan State on March 25, 1918. Calls for: (1) the United States to press the Government of President Lukashenka to abide by the provisions of the Helsinki Accords and the Constitution of the Republic of Belarus and guarantee freedom of the press, allow for the flowering of Belarusan culture, and enforce the separation of powers; and (2) the Congress to join with Belarusans in defending the statehood and democracy of Belarus and sustaining the country's constitution.
Resolution· HRESH.Res. 402 (104th)passed
United States · United States Congress · 16 April 1996
Returns to the Senate S. 1463 (amending the Trade Act of 1974 to revise the definitions of domestic industry and like articles in certain investigations involving perishable agricultural products) because in the opinion of the House of Representatives it contravenes the U.S. Constitution and infringes on the privileges of the House.
Bill· HRH.R. 3247 (104th)referred
United States · United States Congress · 15 April 1996
Redesignates the Herbert Clark Hoover Department of Commerce Building located at 14th Street and Constitution Avenue, N.W., Washington, D.C., as the Ronald H. Brown Commerce Building.
Bill· HJRESH.J.Res. 171 (104th)referred
United States · United States Congress · 29 March 1996
Constitutional Amendment - Vests power in the Congress to: (1) set limits on expenditures made by, in support of, or in opposition to the nomination or election of any person to Federal office; (2) set limits on contributions by individuals or entities by, in support of, or in opposition to such nomination or election; and (3) enforce, by appropriate legislation, this amendment.
Resolution· HRESH.Res. 395 (104th)open
United States · United States Congress · 29 March 1996
Sets forth the modified closed rule for the consideration of H.J. Res. 159 (Constitutional Amendment requiring a two-thirds vote of each House of the Congress to increase taxes).
Bill· HJRESH.J.Res. 169 (104th)open
United States · United States Congress · 28 March 1996
Constitutional Amendment - Requires, in either House, the concurrence of two-thirds of the members present for final adoption of any bill, resolution, or other legislative measure changing the internal revenue laws unless that bill, resolution, or measure is determined at the time of adoption, not to increase the internal revenue by more than a de minimis amount. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
Bill· HJRESH.J.Res. 167 (104th)referred
United States · United States Congress · 21 March 1996
Constitutional Amendment - Prohibits the judicial power of the United States from including the power to require States, the District of Columbia, or any commonwealth, territory, or possession of the United States to levy or increase any tax.
Resolution· HRESH.Res. 387 (104th)passed
United States · United States Congress · 21 March 1996
Returns to the Senate S. 1518 (eliminating the Board of Tea Experts) because in the opinion of the House of Representatives it contravenes the U.S. Constitution and infringes on the privileges of the House.
Bill· HJRESH.J.Res. 164 (104th)referred
United States · United States Congress · 19 March 1996
Constitutional Amendment - Limits the term of a judge of a court ordained and established by the Congress to eight years. Counts any time (but not more than six years) served as a judge before the ratification of this amendment towards the first term of that judge.
Bill· HRH.R. 3102 (104th)open
United States · United States Congress · 14 March 1996
TABLE OF CONTENTS: Title I: Corporate Tax and Agricultural Related Provisions Title II: Mineral Exploration and Development Subtitle A: Mineral Exploration and Development Subtitle B: Environmental Considerations of Mineral Exploration and Development Subtitle C: Abandoned Locatable Minerals Mine Reclamation Fund Subtitle D: Administrative and Miscellaneous Provisions Common Sense Corporate Responsibility Act of 1996 - Title I: Corporate Tax and Agricultural Related Provisions - Amends the Internal Revenue Code to: (1) repeal the election to take the percentage credit under the Puerto Rico and possessions tax credit provisions; (2) eliminate the exclusion of certain income of foreign sales corporations; and (3) repeal alcohol fuel incentives. (Sec. 104) Amends the Reclamation Project Act of 1939 to require the payment of the full cost for the delivery of water used for the production of surplus crops. (Sec. 105) Amends the Agricultural Trade Act of 1978 to repeal: (1) title III (Export Enhancement Program); and (2) the market promotion program provisions. Title II: Mineral Exploration and Development - Subtitle A: Mineral Exploration and Development - Mineral Exploration and Development Act of 1996 - Sets forth guidelines for mineral exploration on public domain lands. Declares that holders of mining claims located or converted and maintained under this Act have the exclusive right of possession and use of the claimed land for mineral activities. (Sec. 205) 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. 206) Subjects existing unpatented mining claims, mill sites, and tunnel sites to the provisions of this Act ("converted mining claims"). (Sec. 207) 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. 208) States that failure to comply with the requirements of this Act shall be deemed conclusively to constitute forfeiture of the mining claim. (Sec. 209) Prescribes procedural guidelines for: (1) contesting a mining claim on the basis of discovery; and (2) demonstrating the continued sufficiency of a mining claim. Subtitle B: 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. 215) 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. 217) 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. 218) 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. 219) 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. Subtitle C: 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. 233) 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. 236) Subjects the production of locatable minerals (or mineral concentrates or products derived from locatable minerals) from any mining claim under this Act to a royalty scheme of eight percent of the net smelter return. Subtitle D: Administrative and Miscellaneous 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. 242) Authorizes the Secretaries to establish and collect user fees to reimburse the United States for expenses incurred in administering this Act. (Sec. 243) Prescribes procedural guidelines for the publication of an application for an operations permit and the public participation requirements. (Sec. 244) 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. 246) Prescribes procedural guidelines for administrative and judicial review of agency actions. (Sec. 247) Sets forth enforcement guidelines and civil and criminal penalties for non-compliance. 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. 251) Adjusts the dollar amounts established under this Act to a certain inflation formula. (Sec. 255) 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. 256) Declares that the Multiple Minerals Development Act, and certain other Federal law, apply to all mining claims located or converted under this Act. (Sec. 257) 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 law: (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. 258) 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. 259) Requires recipients of funds under this Act to comply with the "Buy American Act." (Sec. 260) Expresses the sense of the Congress that such funds should be used to purchase only American-made equipment and products. (Sec. 261) 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. 263) Declares that court-awarded compensation for a Federal taking under the Fifth Amendment of the Constitution shall be paid from the Fund. (Sec. 264) Directs the Secretary of the Interior to report annually to the Congress on the percentage of each mining claim held by a foreign firm.
Law· HRH.R. 3029 (104th)enacted
United States · United States Congress · 6 March 1996
Designates the United States Courthouse located at 3rd Street and Constitution Avenue Northwest, in Washington, D.C., as the E. Barrett Prettyman United States Courthouse.
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.
Bill· HJRESH.J.Res. 161 (104th)referred
United States · United States Congress · 28 February 1996
Constitutional Amendment - Declares that nothing in the Constitution prohibits public or private acknowledgement of God, the Creator. Declares that neither the United States nor any State shall make any law, nor any judicial system issue any judgment, that restricts the recognition of the Almighty God and our individual and joint dependence on Him.
Bill· SS. 1578 (104th)open
United States · United States Congress · 27 February 1996
TABLE OF CONTENTS: Title I: General Provisions Title II: Assistance for Education of All Children with Disabilities Title III: Systems Change Title IV: Research and Personnel Preparation Title V: Technical Assistance, Support, and Dissemination of Information Title VI: Infants and Toddlers with Disabilities Individuals with Disabilities Education Act Amendments of 1996 - Revises the Individuals with Disabilities Education Act (IDEA) and extends its authorization of appropriations through FY 2002. Title I: General Provisions - Revises IDEA to declare that the right to equal educational opportunities for all children with disabilities is guaranteed by the equal protection clause of the 14th Amendment to the Constitution. (Sec. 103) Allows the Office of Special Education Programs to accept voluntary and uncompensated services. (Sec. 104) Revises requirements for: (1) prescribing regulations; (2) eligibility for financial assistance; and (3) discretionary grant programs. Requires the Secretary of Education to develop and implement a comprehensive plan for activities under titles IV and V of this Act. Provides for specified enhanced services to children with disabilities. Lists entities eligible for awards. Authorizes the Secretary to limit, without rulemaking, competitions to projects that give priority to one or more targeted areas, if each project addresses the needs of children with disabilities and their families. Provides for application management, including a peer review process. Authorizes the Secretary to use certain funds for: (1) payments to nonfederal entities for administrative support; (2) Federal employees to monitor projects; and (3) evaluation of program activities carried out under these programs. (Sec. 107) Repeals IDEA provisions for: (1) acquisition of equipment and construction of necessary facilities; and (2) grants for the removal of architectural barriers. Title II: Assistance for Education of All Children with Disabilities - Revises entitlements and allocations for assistance for education of all children with disabilities. (Sec. 201) Authorizes States to determine whether to make subgrants smaller than a specified minimum amount to some local education agencies (LEAs). (Sec. 202) Revises and consolidates State eligibility and planning provisions. Provides that, if a child with a disability qualifies for special education, that child does not have to be classified by a specific impairment or condition. Requires the State educational agency (SEA) to: (1) examine data to determine if significant racial disproportionality is occurring in the identification or placement of children under IDEA; and (2) review and revise policies accordingly. Provides that, if a hearing officer agrees with the parents' unilateral placement of a child with a disability in a private school, the LEA may be required to reimburse the parents. Requires a non-educational agency, if it is responsible for services necessary to ensure a free appropriate public education for children with disabilities, to pay for or provide such services directly or by contract or other arrangements. Requires States to: (1) ensure that interagency agreements or other mechanisms are in effect between educational agencies and non-educational agencies for defining respective financial responsibilities, resolving interagency disputes, and interagency coordination; and (2) establish a mechanism by which LEAs may seek reimbursement from agencies for the costs of providing related services. Revises requirements for a comprehensive system of personnel development. Allows LEAs to use appropriately trained and supervised paraprofessionals. Requires States to: (1) establish performance goals and indicators for children with disabilities; (2) ensure that these children participate in general State and district-wide assessments, with appropriate accommodations, where necessary; and (3) develop guidelines for participation in alternative assessments for those children who cannot participate in such general State and district-wide assessments. Consolidates funding and public participation requirements. Revises requirements for State advisory panels and their duties. Repeals requirements for three-year State plans. (Sec. 203) Revises LEA and SEA eligibility and maintenance of effort requirements, with specified exceptions. Allows specified activities, regardless of certain excess cost and noncommingling of funds requirements, including: (1) incidental benefits to non-disabled students; (2) simultaneous services on a space-available basis to non-IDEA-eligible children with disabilities protected under the Americans with Disabilities Act (ADA); (3) a coordinated services system that links education, health, and social welfare services, systems, and entities to improve educational and transitional results for all children and their families; and (4) a school-based improvement plan. Revises requirements for LEA involvement with a State's Comprehensive System of Personnel Development. (Sec. 204) Revises and consolidates specified requirements for State and local administration of evaluations, reevaluations, individualized education programs (IEPs), and educational placements. Revises IEP content to: (1) focus on measurable annual objectives; and (2) emphasize ensuring that each child, as appropriate, has the opportunity to progress in the general curriculum, and to participate with nondisabled children in various environments. Requires consideration of transition services needs: (1) for all students with disabilities beginning at age 14 (or younger, under specified circumstances); (2) under the applicable components of the IEP; and (3) in light of the student's participation in the general curriculum. Provides for transfer of rights at the age of majority. (Sec. 205) Repeals certain IDEA provisions relating to Elementary and Secondary Education Act of 1965 (ESEA) State agencies. (Sec. 206) Revises procedural safeguards, including provisions for written notices to parents. Requires States to make mediation available to parents of children with disabilities in disputes with LEAs on any matter regarding the identification, evaluation, or educational placement of a child or the provision of free appropriate public education. Permits the transfer of parental rights to a student with disabilities upon reaching the age of majority under State law. Requires the State to have procedures for appointing the parent or another person to represent the student's interests if, under State law, such a student is determined not to have the ability to provide informed consent. (Sec. 207) Revises requirements for: (1) withholding of payments to non-compliant States and judicial review of such determinations; (2) rulemaking on compliance and eligibility; (3) evaluation and program information; (4) preschool grants; and (5) payments. (Sec. 209) Requires the Secretary to: (1) conduct studies and evaluations to assess the effectiveness of efforts to provide free appropriate public education and early intervention services, including assessing the placement of children with disabilities by disability category; and (2) conduct a longitudinal study that measure the educational and transitional services provided to and results achieved by children with disabilities under IDEA. Title III: Systems Change - Establishes a program to promote systems change to improve educational and transitional services and results for children with disabilities. Authorizes competitive grants to SEAs, in partnership with LEAs and other interested individuals, agencies, and organizations, to improve such services and results on a system-wide basis. Allows grant recipients to collaborate in systems change activities with those in other States, through joint arrangements with institutions of higher education and sharing of staff and consultants. Requires coordination with this program of activities under titles IV and V. Authorizes appropriations. (Sec. 302) Extends authorities and authorizations of appropriations relating to centers and services to meet special needs of individuals with disabilities, including regional centers for the deaf. Title IV: Research and Personnel Preparation - Establishes a new program (in part by consolidating certain current activities) for improving early intervention, educational, and transitional services and results for children with disabilities through coordinated research and personnel preparation. (Consolidates current part D personnel preparation provisions and current part E research provisions.) (Sec. 401) Authorizes research and innovation grants and contracts for: (1) new knowledge production in learning styles, instructional approaches, behavior management, assessment tools, assistive technology, program accountability and personnel preparation models; (2) integration of research and practice, through demonstration and dissemination of successful practice; and (3) improvement in the use of professional knowledge by teachers, parents, and others in their classrooms and other learning settings. Authorizes personnel preparation grants and contracts in the areas of: (1) high incidence disabilities, such as learning disabilities, mental retardation, and behavior disordered groups; (2) leadership preparation; (3) low-incidence disabilities, such as sensory impairment, multiple disabilities, and severe disabling conditions; and (4) projects of national significance. (Sec. 402) Makes conforming amendments to the Higher Education Act of 1965, Goals 2000: Educate America Act, and the Rehabilitation Act of 1973. (Sec. 403) Extends the authorization of appropriations for training personnel for the education of individuals with disabilities. Title V: Technical Assistance, Support, and Dissemination of Information - Establishes a new program (in part by consolidating certain current activities) for improving early intervention, educational, and transitional services and results for children with disabilities through coordinated technical assistance, support, and dissemination of information. (Sec. 501) Authorizes grants and contracts for: (1) parent training and information centers and community programs; (2) coordinated technical assistance, support, and dissemination; and (3) technology and media activities. Authorizes appropriations. (Sec. 502) Makes conforming amendments to IDEA and the Developmental Disabilities Assistance and Bill of Rights Act. (Sec. 503) Extends various authorities and authorizations of appropriations. Title VI: Infants and Toddlers with Disabilities - Revises the program for infants and toddlers with disabilities, with respect to: (1) encouraging States to expand opportunities for infants and toddlers with disabilities who are at risk of having substantial developmental delays if early intervention services are not provided; (2) continuing eligibility; (3) statewide system requirements; (4) the individualized family service plan; (5) allocation and use of funds; (6) procedural safeguards; (7) State Interagency Coordinating Council duties; and (8) Federal Interagency Coordinating Council (FICC) membership and duties. (Sec. 615) Directs the FICC to convene a panel of experts to develop recommendations for a model definition of developmental delay. Allows the use of funds for referring at risk infants and toddlers, in those States not currently serving them, to other IDEA services. Permits planning for transition to preschool services to begin up to six months before the child's third birthday, if parents and agencies agree. (Sec. 616) Authorizes appropriations.
Bill· SJRESS.J.Res. 49 (104th)referred
United States · United States Congress · 27 February 1996
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
Bill· HJRESH.J.Res. 160 (104th)referred
United States · United States Congress · 16 February 1996
Constitional Amendment - Requires that Federal judges be reconfirmed by the Senate every six years.
Bill· HJRESH.J.Res. 159 (104th)passed
United States · United States Congress · 1 February 1996
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
Bill· SJRESS.J.Res. 48 (104th)referred
United States · United States Congress · 26 January 1996
Constitutional Amendment - Grants authority to the Congress and the States to set reasonable expenditure limits for their respective elections.
Bill· SJRESS.J.Res. 47 (104th)referred
United States · United States Congress · 25 January 1996
Constitutional Amendment - Vests power in the Congress to: (1) set limits on expenditures made by, in support of, or in opposition to the nomination or election of any person to Federal office; (2) set limits on contributions by individuals or entities by, in support of, or in opposition to such nomination or election; and (3) enforce, by appropriate legislation, this amendment.
Resolution· HRESH.Res. 345 (104th)passed
United States · United States Congress · 25 January 1996
Urges the Secretary of State to make human rights concerns among the primary objectives in bilateral relations with Cambodia, to closely monitor preparations for upcoming Cambodian elections in 1996 and 1998 and attempt to secure Cambodian Government agreement to full and unhindered participation of international observers for such elections, and to support the continuation of human rights monitoring in Cambodia by the United Nations. Calls for the United States to raise human rights concerns at the June 1996 meeting of the Donor's Consultative Meeting for Cambodia and during consideration of projects in Cambodia to be financed by international financial institutions. Supports efforts by the United States to provide assistance to Cambodia to broaden democratic civil society, strengthen the rule of law, and ensure that future elections in Cambodia are free and fair.
Resolution· HCONRESH.Con.Res. 135 (104th)referred
United States · United States Congress · 25 January 1996
Expresses the sense of the Congress that the Government of Kenya should: (1) uphold the rights of assembly, association, conscience, and expression which are guaranteed in the Kenyan Constitution; (2) adhere to its international legal obligations; (3) end all intimidation and harassment of those critical of government policies and those working for democracy in Kenya; (4) either charge and try or release all prisoners and cease all physical abuse or mistreatment of prisoners; (5) release Koigi Wa Wamwere and permit him to exercise his rights of free expression, association, and political participation in a multiparty democracy; and (6) restore the independence of the Judiciary. Expresses the sense of the Congress that the United States should consider reducing, and possibly suspending, military and economic assistance to Kenya unless the Kenyan Government makes substantial progress in addressing such concerns.
Resolution· HRESH.Res. 331 (104th)referred
United States · United States Congress · 4 January 1996
Returns to the Senate S. 1508 (designation of all Federal employees as essential) because, in the opinion of the House of Representatives, the Senate amendment to the House amendment to the bill contravenes the Constitution and infringes on the privileges of the House.
Bill· SS. 1510 (104th)open
United States · United States Congress · 22 December 1995
Designates the United States Courthouse located at 3rd Street and Constitution Avenue Northwest, in Washington, D.C., as the E. Barrett Prettyman United States Courthouse.
Bill· SJRESS.J.Res. 45 (104th)referred
United States · United States Congress · 22 December 1995
Constitutional Amendment - Declares that: (1) neither the United States nor any State shall deny benefits to or otherwise discriminate against any private person or group on account of religious expression, belief, or identity; and (2) the prohibition on laws respecting an establishment of religion shall not be construed to require such discrimination.
Bill· HRH.R. 2828 (104th)referred
United States · United States Congress · 21 December 1995
Requires that the basic pay of Members of Congress be treated in the same manner as the basic pay of the most adversely affected Federal employees who are not compensated for any period in which: (1) there is more than a 24-hour lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution; or (2) the Federal Government is unable to make payments or meet obligations because the public debt limit has been reached. Requires the same treatment for the President's basic pay. Directs the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives to promulgate any regulations needed to implement this Act in a manner consistent with the U.S. Constitution.
Resolution· HCONRESH.Con.Res. 120 (104th)open
United States · United States Congress · 15 December 1995
Congratulates Ukraine for the successful conduct of free and fair elections for the presidency and parliament. Calls for the President and Parliament of Ukraine to continue their efforts to agree upon and submit to the Ukrainian people for their approval a new democratic constitution. Urges the Government of Ukraine to: (1) continue efforts to ensure the rights of all citizens; (2) accelerate efforts to transform its economy; (3) proceed expeditiously with the privatization of state-owned enterprises; (4) place high priority on adopting laws to encourage economic growth based on market mechanisms, private enterprise, and the right to own property; (5) continue efforts to reach agreement with the G-7 group of States to shut down the nuclear reactors at Chernobyl; and (6) continue to oppose emergence of any collective military bloc on the territory of the former Soviet Union. Calls on the President of the United States to: (1) support continued U.S. assistance to Ukraine for specified purposes, including political and economic reforms; (2) insist that the Government of the Russian Federation recognize Ukraine's sovereignty; (3) express support for Ukraine's insistence that it be provided with appropriate compensation for use of its facilities on its territory; (4) ensure that Ukraine's national security interests are fully considered in any revision of the Treaty on Conventional Forces in Europe and that its interests as an integral part of Central and Eastern Europe are fully considered in any review of European security arrangements; (5) support continued U.S. security assistance for Ukraine; and (6) ensure continued U.S. efforts to assist Ukraine in its accession to the World Trade Organization. Calls for the United States to continue to support the Ukrainian people in their struggle to bring peace, prosperity, and democracy to Ukraine and to the other independent states of the former Soviet Union.
Bill· SS. 1480 (104th)referred
United States · United States Congress · 14 December 1995
Requires that the basic pay of Members of Congress be treated in the same manner as the basic pay of the most adversely affected Federal employees who are not compensated for any period in which: (1) there is more than a 24-hour lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution; or (2) the Federal Government is unable to make payments or meet obligations because the public debt limit has been reached. Requires the same treatment for the President's basic pay. Directs the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives to promulgate any regulations needed to implement this Act in a manner consistent with the U.S. Constitution.
Bill· HRH.R. 2750 (104th)referred
United States · United States Congress · 7 December 1995
Requires, for any taxable year beginning before January 1, 1993, treating a timber industry arrangement under which up to 25 percent of a logger's compensation is treated as reimbursement for the use of the logger's chain saw as an accountable plan for purposes of Internal Revenue Code provisions relating to deductions from gross income. Makes payments under such an arrangement deductible from gross income. Waives, for one year after enactment of this Act, any law or rule of law (including res judicata) that would have been prevented the application of this Act.
Bill· HJRESH.J.Res. 127 (104th)referred
United States · United States Congress · 28 November 1995
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to their conscience, nothing in the Constitution shall prohibit acknowledgement of the religious heritage, beliefs, or traditions of the people or prohibit student-sponsored prayer in public schools; and (2) neither the United States nor any State shall compose any official prayer, compel joining in prayer, or discriminate against religious expression or belief.
Bill· HJRESH.J.Res. 121 (104th)referred
United States · United States Congress · 15 November 1995
Constitutional Amendment - Declares that: (1) neither the United States nor any State shall deny benefits to or otherwise discriminate against any private person or group on account of religious expression, belief, or identity; and (2) the prohibition on laws respecting an establishment of religion shall not be construed to require such discrimination.
Bill· HJRESH.J.Res. 117 (104th)referred
United States · United States Congress · 7 November 1995
Constitutional Amendment - Provides for the direct popular election of the President and the Vice President of the United States.
Bill· HJRESH.J.Res. 114 (104th)referred
United States · United States Congress · 18 October 1995
Constitutional Amendment - Grants authority to the Congress and the States to set reasonable expenditure limits for elections to Federal or State offices, respectively.
Bill· HJRESH.J.Res. 109 (104th)referred
United States · United States Congress · 28 September 1995
Constitutional Amendment - Establishes English as the official language of the United States.
Resolution· HCONRESH.Con.Res. 103 (104th)open
United States · United States Congress · 21 September 1995
Calls for the Government of the former Yugoslav Republic of Macedonia to: (1) ensure the fair treatment of all of its citizens regardless of ethnic background and the establishment of Albanian-language pedagogical faculties at established universities in Macedonia; and (2) consider all means by which higher education conducted in the Albanian language can be provided, including the establishment of an Albanian-language university. Commends the efforts by the High Commissioner for National Minorities of the Organization on Security and Cooperation in Europe, the Council of Europe, and the Working Group on Ethnic Minorities of the International Conference on the Former Yugoslavia to offer guidance and mediation to the Macedonian Government and representatives of the Albanian minority in resolving the issue of higher education in the Albanian language. Urges: (1) the President to express to that Government strong U.S. support for measures that will contribute to democracy and stability in Macedonia and offer appropriate support for the efforts of the High Commissioner and the Macedonian Government to ensure access to higher education in the Albanian language; and (2) the President of Macedonia to employ appropriate authority under the Constitution of Macedonia to pardon those convicted of charges relating to the events that accompanied attempts to open university-level classes in the Albanian language at Tetovo, Macedonia, in February 1995.
Bill· HJRESH.J.Res. 107 (104th)referred
United States · United States Congress · 20 September 1995
Constitutional Amendment - Requires Members of Congress to receive compensation for their services or to be reimbursed for expenses incurred with respect to such services only from the treasury of the State which they represent in Congress in an amount to be determined by an act of the State's legislature. Prohibits a Member of Congress from being provided any pension from the Treasury for any service in Congress after the effective date of this amendment.
Bill· HRH.R. 2349 (104th)referred
United States · United States Congress · 18 September 1995
TABLE OF CONTENTS: Title I: National Highway System Title II: Highway Funding Restoration Title III: Miscellaneous Provisions National Highway System Designation Act of 1995 - Title I: National Highway System - Designates the National Highway System (NHS) as submitted by the Secretary of Transportation on September 1, 1995. Authorizes the Secretary of Transportation to submit to specified congressional committees for approval a proposed modification of the NHS, subject to specified requirements, which shall take effect only if a law has been enacted approving such modification. Sets forth provisions regarding: (1) initial proposed modifications to the NHS; (2) congressional high priority corridors; and (3) interim eligibility for Federal highway funds. Title II: Highway Funding Restoration - Highway Funding Restoration Act of 1995 - Directs the Secretary to allocate among the States specified amounts for Interstate highway substitute, NHS, surface transportation program, Interstate, congestion mitigation and air quality improvement program, bridge, hazard elimination, and rail- highway crossings projects (State High Priority Project Restoration Program, hereinafter referred to as the High Priority Program) for FY 1996 and 1997. Specifies allocation percentages by State. Provides that such allocations shall not affect a State's minimum allocation of Federal-aid highway funds or specified allocations under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). Sets forth provisions regarding: (1) the period of availability; (2) a special rule for the obligation of allocations in urbanized areas with a population of over 200,000; and (3) limits on planning expenditures. Authorizes appropriations. (Sec. 204) Rescinds funds from various previously authorized projects and from unobligated balances of funds previously made available and derived from the Highway Trust Fund (HTF). Reduces the authorized funding levels for certain programs (regarding magnetic levitation and highway safety) funded from the HTF for FY 1996 and 1997. Transfers certain funds (regarding the Congestion Pricing Pilot Program) derived from the HTF made available for such fiscal years to carry out the High Priority Program. (Sec. 205) Directs the Secretary: (1) to notify each State of the total amount of the reduction in authorized funds for FY 1996 that would have been allocated and apportioned to such State, as a result of specified ISTEA provisions; and (2) in determining such amount, to deduct the amount allocated to each State in FY 1996 pursuant to the High Priority Program and certain other amounts available for FY 1996. Requires: (1) each State to designate on or before November 1, 1995, or as soon as possible thereafter, unobligated balances of funds apportioned or allocated on or before September 30, 1995, and which are subject to the obligation ceiling, that may be made available for any purpose currently eligible under the Minimum Allocation Program; and (2) the Secretary to make such funds available to the States before November 15, 1995, or as soon as possible thereafter. Prohibits unobligated balances of funds attributed to urbanized areas with a population of over 200,000 from being designated by the State without the concurrence, in writing, of the Metropolitan Planning Organization (MPO) designated for such area. Sets forth provisions regarding: (1) congestion mitigation and air quality balances; (2) interstate construction balances; (3) periods of availability; and (4) limits on statutory construction. (Sec. 206) Revises provisions regarding the method of distribution of funds made available under the Minimum Allocation Program in FY 1996 and 1997. Sets forth provisions regarding: (1) a special rule for urbanized areas of over 200,000 in FY 1996 and 1997; and (2) funding. (Sec. 207) Prohibits the Secretary from penalizing States for failure to implement various highway and transportation management systems during FY 1996. Repeals a requirement that States meet minimum utilization requirements for asphalt pavement containing recycled rubber and the penalties for failure to meet those requirements. Title III: Miscellaneous Provisions - Directs the Secretary to distribute any limitation otherwise imposed on transit operating assistance so that each urbanized area that had a population of less than 200,000 under the 1990 decennial census will receive for FY 1996 75 percent of the amount the area received under such distribution for FY 1995. Requires the Secretary, in the distribution of such limitation to urbanized areas that had a population under such census of one million or more, to direct each such area to give priority consideration to the impact of reductions in operating assistance on smaller transit authorities operating within the area and to consider the needs and resources of such authorities when the limitation is distributed among all transit authorities operating in the area. (Sec. 302) Directs the Secretary to: (1) require each recipient of Federal financial assistance for a highway or transit project with an estimated total cost of $1 billion or more to submit to the Secretary an annual financial plan, which shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions (as determined by the Secretary) of future increases in the cost to complete the project; (2) make a recommendation to the Congress on whether or not future Federal assistance should be withheld regarding any such project for which an annual financial plan is not submitted or for which the Secretary determines that the estimates or assumptions are not reasonable; and (3) submit to the Congress an annual report on the financial plans submitted and any such recommendation. (Sec. 303) Prohibits the Secretary of Transportation, after this Act's enactment and before the date on which Federal-aid highway and transit programs are reauthorized, from issuing a letter of intent, or entering into a full financing grant agreement or early systems work agreement for a project or operable segment of a project unless the full amount of Federal financial responsibility for the project or segment has been included in an authorization law. Makes such prohibition inapplicable to any project: (1) for which a letter of intent was issued before this Act's enactment date; and (2) included as an element of an interrelated project which also includes another project for which a letter of intent was issued before such date. (Sec. 304) Requires an annual report on Capital Projects for Fixed Guideway Systems and Extensions of Existing Fixed Guideway Systems to include: (1) an analysis of potential funding requirements of the project in the succeeding five fiscal years; and (2) a description of the planning and study process undertaken to select the locally preferred alternative, and of efforts undertaken to seek alternative funding sources, for the project. (Sec. 305) Repeals the authorization for the Long Beach Metro Link Fixed Rail Project. Reduces the authorization for the Honolulu Rapid Transit Project. (Sec. 306) Modifies various previously authorized transit projects and makes funds available for certain additional projects. (Sec. 307) Adds consideration of recreational travel and tourism to the metropolitan planning process under the transit program. (Sec. 308) Requires that any contract or subcontract awarded for engineering and design services, whether funded in whole or in part with Federal transit funds, be performed and audited in compliance with cost principles contained in the Federal acquisition regulations. Requires the recipient of Federal funds to: (1) accept and use indirect cost rates established by a government agency in accordance with such regulations for one-year applicable accounting periods in estimating, negotiating, and administering contracts; (2) notify affected firms before requesting and using the cost and rate data; and (3) keep such data confidential. Makes this section effective two years after this Act's enactment, but grants a State the option of adopting by statute an alternative process intended to promote engineering and design quality and to ensure maximum competition by professional companies of all sizes providing engineering and design services. (Sec. 309) Allows Federal participation in the construction of ferry boats and terminal facilities that operate between a State and a point in Canada. (Sec. 310) Directs the Secretary to issue guidance to encourage States to utilize private sector sources for surveying and mapping services for highway projects. (Sec. 311) Specifies that the hiring of law enforcement or security personnel is an eligible expense under the transit security program. Allows half of the publicly funded ferry boat service provided to the City of Avalon, California, to be counted under the formula grant transit program. (Sec. 312) Amends the Americans With Disabilities Act of 1990 to require that accessibility requirements for private over-the-road buses be met by small providers within three years, and by other providers within two years, after the issuance of final regulations. (Sec. 313) Makes the Alaska Railroad eligible for certain fixed guideway modernization funds for improvements to its passenger operations. (Sec. 314) Amends Federal transportation law to authorize (current law requires) preemployment alcohol testing of: (1) mass transit, railroad, air carrier, and Federal Aviation Administration employees responsible for safety-sensitive functions; and (2) operators of commercial motor vehicles. (Sec. 315) Provides that a State shall be treated as having met the requirement of having a statewide program for roadside sobriety checkpoints if such a program would violate the constitution of the State and if the State meets certain other safety requirements. Moves from the Supplemental Grants Program to the Basic Grants Program the requirement that a State provide that any person under age 21 with a blood alcohol concentration of .02 percent or greater when driving a motor vehicle shall be deemed to be driving while intoxicated. (Sec. 316) Directs the Secretary to: (1) conduct a study of technologies and practices to improve the driving performance of older drivers and other special driver groups; (2) undertake demonstration activities which incorporate and build upon gerontology research related to the study of the normal aging process, and initially implement such activities in States with the highest population of aging citizens for whom driving a motor vehicle is their primary mobility mode; and (3) carry out the study by entering into a cooperative agreement with an institution that has demonstrated competencies in specified fields. Requires the Secretary: (1) in carrying out the work zone safety program under ISTEA, to utilize a variety of methods to increase safety at highway construction sites, including conferences, creation of a national clearinghouse, and a national promotional campaign; and (2) to conduct a study to develop and evaluate radio and microwave technology for a motor vehicle safety warning system in furtherance of safety in all types of motor vehicles, and determine whether such technology has other appropriate safety applications. (Sec. 317) Amends ISTEA to extend until the reauthorization of the Federal-aid highway and transit programs a temporary waiver from axle weight limitations for any vehicle regularly and exclusively used as an intrastate public agency transit passenger bus. (Sec. 318) Freezes funding allocations under the Congestion Mitigation and Air Quality Program (CMAQ) at the FY 1994 levels for the remaining years of ISTEA, and provides that CMAQ funds may be used for projects for the maintenance of air quality standards. Provides that certain funding equity provisions will not be affected by this section. (Sec. 319) Directs the Secretary to establish a program to require States to conduct an analysis of the life-cycle costs of, and carry out a value engineering analysis for, all projects on the NHS with an estimated total cost of $25 million or more. (Sec. 320) Specifies that transportation conformity requirements only apply to areas that are designated as nonattainment areas and to areas that have been designated at attainment areas but that are still subject to maintenance requirements under the Clean Air Act. (Sec. 322) Exempts certain specialized vehicles operating on the 104-mile portion of Wisconsin State Route 78 and U.S. Route 51 from vehicle weight limitations upon the inclusion of the route as part of the Interstate System. (Sec. 322) Sets forth provisions regarding contracting for engineering and design services funded in whole or in part with Federal-aid highway funds (analogous to provisions under Sec. 308). Repeals a pilot program under ISTEA for uniform audit procedures. (Sec. 323) Includes the Centennial Bridge, Rock Island, Illinois, under provisions relating to toll agreements. (Sec. 324) Prohibits the Secretary, before September 30, 1997, from requiring the States to expend any Federal or State funds to construct, erect, or otherwise place, or modify, a highway sign relating to any speed limit, distance, or other measurement using the metric system. (Sec. 325) Specifies that the Federal ban on outdoor advertising on scenic highways does not restrict the authority of a State with respect to commercial and industrial areas along a scenic byway, nor does it prevent a State from establishing standards stricter than those in Federal law. (Sec. 326) Adds recreational travel and tourism to the factors that must be considered by MPOs in developing transportation plans and programs. (Sec. 327) Allows any non-Federal funds expended for the seismic retrofit of certain toll bridges to be credited toward the non-Federal share required as a condition of receipt of Federal funds for such retrofit made available after the date of the expenditure. (Sec. 328) Specifies that data collected for safety reports or surveys shall not be subject to discovery or admitted into evidence in Federal or State court proceedings. (Sec. 329) Revises the National Recreational Trails Program under ISTEA, including a provision requiring States to provide 20 percent of the program costs in the sixth year of the program. Requires a State to give priority to projects which mitigate and minimize impacts to the environment. Permits a State to apply to the Secretary for an exemption from requirements for the distribution of Federal trail program funds. (Sec. 330) Revises ISTEA regarding the routing of certain existing high priority corridors and adds additional high priority corridors. Designates certain of these routes as future Interstate routes, if they are not already designated, when the Secretary determines that such routes meet Interstate standards and connect to an existing Interstate segment. (Sec. 331) Amends ISTEA to authorize a feasibility study to identify routes that will expedite future emergency evacuations of coastal areas of Louisiana. Directs the Secretary to conduct a study to determine the feasibility of establishing a route for the East-West Transamerica Corridor in West Virginia and Virginia. (Sec. 334) Delineates the route of the East-West Transamerica High Priority Corridor. (Sec. 341) Amends the Federal-Aid Highway Act of 1956 to make the High Street to Causeway Street section of Central Artery project eligible for Interstate construction funds. Makes certain revisions to the Interstate 95 and Pennsylvania Turnpike project authorized by the Surface Transportation Assistance Act of 1982. Prohibits the use of Federal funds to construct Type II noise barriers, other than for projects already approved. (Sec. 342) Directs the Secretary to enter into an agreement modifying an existing agreement that provides Orange County, California, with a line of credit. Allows the Secretary to require an interest rate higher than that previously specified. (Sec. 343) Directs the Secretary to conduct a study: (1) and report to the Congress on the adequacy of and the need for improvements to the Pan American Highway; (2) to determine the cost, need, and efficacy of establishing a highway sign for identifying routes on the NHS; and (3) and report to the Congress on compliance with the Buy American Act with respect to contracts entered into using amounts made available from the HTF. (Sec. 344) Provides that tolls collected for motor vehicles on any bridge connecting the boroughs of Brooklyn and Staten Island, New York, shall continue to be collected for only those vehicles exiting from such bridge in Staten Island. (Sec. 345) Authorizes appropriations for FY 1996 for the National Driver Register. (Sec. 346) Modifies ISTEA provisions to: (1) provide that not less than two and a half percent of the mileage of new or replacement permanent or temporary crashworthy barriers included in awarded contracts along Federal-aid highways within the boundaries of a State in each calendar year shall be innovative crashworthy safety barriers; and (2) define "innovative crashworthy safety barrier" as a barrier, other than a guardrail or guiderail, classified by the Federal Highway Administration as experimental or classified as operational after January 1, 1985, which meets or surpasses the requirements of the National Cooperative Highway Research Program 350 for longitudinal barriers. (Sec. 347) Allows signs, displays, and devices identifying and announcing free motorists aid call boxes and their sponsorship by corporations or other organizations in areas adjacent to the Interstate System and the primary system. (Sec. 348) Repeals: (1) the national maximum speed limit and all related enforcement requirements; and (2) the penalty States face for not having a law requiring individuals on motorcycle to wear a motorcycle helmet. (Sec. 350) Adds safety rest areas to the list of safety projects that qualify for 100 percent Federal funding. (Sec. 351) Sets forth exemptions from requirements relating to commercial motor vehicles and their operators, regarding: (1) transportation of agricultural commodities and farm supplies; (2) transportation and operation of groundwater well drilling rigs; (3) transportation of construction materials and equipment; and (4) snow and ice removal. Authorizes the Secretary: (1) to conduct a rulemaking proceeding to determine whether granting any such exemption is not in the public interest and would have a significant adverse impact on the safety of commercial motor vehicles; and (2) if so, to prevent the exemption from going into effect, modify it, or revoke it). (Sec. 352) Deems traffic control signs erected under the experimental project conducted in the State of Oregon in December 1991 to comply with requirements of the Manual on Uniform Traffic Control Devices of the Department of Transportation. (Sec. 353) Allows the Brightman Street Bridge in Fall River Harbor, Massachusetts, to be reconstructed to result in a clear channel width of less than 300 feet.
Bill· HRH.R. 2323 (104th)referred
United States · United States Congress · 13 September 1995
TABLE OF CONTENTS: Title I: Interstate Waste Title II: Flow Control State and Local Government Interstate Waste Control Act of 1995 - Title I: Interstate Waste - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator from receiving out-of-State municipal solid waste (OSW) for disposal or incineration unless the waste is received pursuant to a new (entered into on or after enactment of this Act) or existing host community agreement or an exemption from this prohibition (which may be limited by the State, as provided in this Act). Requires owners or operators to make specified information regarding the landfill or incinerator (facility) available prior to seeking authorization from an affected local government to receive such waste pursuant to a new host community agreement. Sets forth other formal requirements for the authorization process, including those for notification of the State, contiguous local governments, and contiguous Indian tribes. Requires, for an exemption, that the owner or operator provide either information establishing that: (1) the owner or operator of the facility received before enactment of this Act a State permit specifically authorizing acceptance of the waste; or (2) the facility received shipments of such waste during 1993, and such information is in such documented form as would result in criminal penalties under State law in case of false or misleading information. Authorizes States to establish limits on the amount of OSW received annually for disposal at each facility pursuant to an exemption for documented shipments (under paragraph (2), above) and affected local governments to limit the amount received at a particular facility pursuant to such an exemption. Sets the limitation amount for any facility that began receiving documented OSW before enactment of this Act at the amount received during 1993. Authorizes States that imported more than 750,000 tons of such waste in 1993, in lieu of this freeze, to establish limits for calendar years after 1996 that are percentages of the waste received during 1993, beginning with 85 percent in 1997 and declining to 50 percent after 2000. Allows any comprehensive solid waste management plan approved under Federal or State law and any implementation of such plan through the State permitting process to take into account local regional needs for solid waste disposal capacity. Allows an affected local government to determine that there is no need for a new landfill or incinerator or major modification at an existing facility under its jurisdiction, but prohibits a plan from expressly prohibiting importation of solid waste from out of State. Declares that prohibitions, limitations, and the planning and permitting processes under, and laws and regulations implementing, this Act shall not be considered to impose an undue burden on or to otherwise impair, restrain, or discriminate against interstate commerce. Requires owners or operators of facilities to annually report to Governors of the States in which the facilities are located the amount of OSW received during the preceding year. Title II: Flow Control - Authorizes States and political subdivisions to exercise flow control authority for municipal solid waste and recyclable materials voluntarily relinquished by the owner or generator (recyclables), directing such waste and materials to particular waste management or recyclables facilities designated and in operation on May 15, 1994, if: (1) the waste and recyclables are generated within the jurisdictional boundaries of the State or subdivision, determined as of May 15, 1994; and (2) such authority is imposed through the adoption or execution of a law, regulation, or other legally binding provision or official act of the State or subdivision that was in effect on May 15, 1994, or would have been in effect on such date but for the issuance of an injunction or other court order based on a ruling that the law or provision violated the Commerce Clause of the Constitution. Permits the exercise of such authority for only the classes or categories of waste or recyclables to which flow control authority was applicable on May 15, 1994, or immediately before the effective date of an injunction or other court order referred to above and only if the facility received municipal solid waste in those classes or categories prior to May 15, 1994, or the effective date of the injunction or court order. Authorizes States and political subdivisions to exercise such authority with respect to facilities other than those designated and in operation on May 15, 1994, if, in addition, the State or subdivision has taken one or more of specified actions (relating to permits, execution of contracts and agreements, and presentation of revenue bonds) prior to such date to commit to the designation of such facilities. Sets limits on the duration of flow control authority. Permits States or political subdivisions, upon the request of a municipal solid waste or recyclables generator, to authorize the diversion of waste generated by such generator to a solid waste facility other than the designated facility. Prohibits a State or local government from requiring any generator or transporter to transport, or deliver for transportation, such waste or materials to any site listed on the National Priorities List established under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, unless the generator or transporter has been indemnified by the government against all liability under that Act with respect to such materials. Directs the Administrator of the Environmental Protection Agency to study and report to the Congress on the extent to which the Supreme Court decision in C & A Carbone v. Clarkstown, New York has affected the ability of public and private entities to secure or retain financing for solid waste management facilities or services and is likely to interfere with the implementation of State solid waste management plans, recycling, or composting.
Bill· HRH.R. 2291 (104th)open
United States · United States Congress · 8 September 1995
Amends Federal law to authorize appropriations for and to extend the Administrative Conference of the United States through FY 1998. Declares that Conference members shall participate in Conference activities solely as private individuals without official responsibility on behalf of the U.S. Government and, therefore, shall not be considered to hold an office of profit or trust for purposes of the eighth clause of Section 9 of Article I of the Constitution. Declares that a majority of the members of the Conference shall constitute a quorum with regard to final actions taken by the Conference Assembly. Revises the Conference Chairman's compensation to set it at level III of the Executive Schedule.
Bill· HRH.R. 2274 (104th)open
United States · United States Congress · 7 September 1995
TABLE OF CONTENTS: Title I: National Highway System Title II: Highway Funding Restoration Title III: Miscellaneous Provisions National Highway System Designation Act of 1995 - Title I: National Highway System - Designates the National Highway System (NHS) as submitted by the Secretary of Transportation on September 1, 1995. Authorizes the Secretary of Transportation to submit to specified congressional committees for approval a proposed modification of the NHS, subject to specified requirements, which shall take effect only if a law has been enacted approving such modification. Sets forth provisions regarding: (1) initial proposed modifications to the NHS; and (2) congressional high priority corridors. (Sec. 102) Prohibits the Secretary from apportioning or allocating, prior to August 1, 1997, any funds authorized to be appropriated or made available for FY 1997 under specified Federal highway provisions, including the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), the Surface Transportation Assistance Act of 1982, or provisions relating to the State High Priority Project Restoration Program (see Title II). Requires the Secretary, for purposes of determining minimum allocations, to treat certain apportionments and allocations as having been made on October 1, 1996. Prohibits the obligation of amounts made available in FY 1997 at a rate higher than the historical rate of obligation of such funds. (Sec. 103) Prohibits the Secretary from apportioning or allocating, prior to August 1, 1997, Federal transit funds (other than administrative expenses) authorized to be appropriated or made available for FY 1997. Provides that certain transit funds appropriated after this Act's enactment may not be obligated before August 1, 1997. Title II: Highway Funding Restoration - Highway Funding Restoration Act of 1995 - Directs the Secretary to allocate among the States specified amounts for Interstate highway substitute, NHS, surface transportation program, Interstate, congestion mitigation and air quality improvement program, bridge, hazard elimination, and rail-highway crossings projects (State High Priority Project Restoration Program, hereinafter referred to as the High Priority Program) for FY 1996 and 1997. Specifies allocation percentages by State. Provides that such allocations shall not affect a State's minimum allocation of Federal-aid highway funds or specified allocations under ISTEA. Sets forth provisions regarding: (1) the period of availability of such allocations; (2) a special rule for the obligation of allocations in urbanized areas of over 200,000; and (3) limits on planning expenditures. Authorizes appropriations. (Sec. 204) Rescinds funds from various previously authorized projects and from unobligated balances of funds previously made available and derived from the Highway Trust Fund (HTF). Reduces the authorized funding levels for certain programs (regarding magnetic levitation and highway safety) funded from the HTF for FY 1996 and 1997. Transfers certain funds (regarding the Congestion Pricing Pilot Program) derived from the HTF made available for such fiscal years to carry out the High Priority Program. (Sec. 205) Directs the Secretary: (1) to notify each State of the total amount of the reduction in authorized funds for FY 1996 that would have been allocated and apportioned to such State as a result of specified ISTEA provisions; and (2) in determining such amount, to deduct the amount allocated to each State in FY 1996 pursuant to the High Priority Program and certain other amounts available for FY 1996. Requires: (1) each State to designate on or before November 1, 1995, or as soon as possible thereafter, unobligated balances of funds apportioned or allocated on or before September 30, 1995, and which are subject to the obligation ceiling, that may be made available for any purpose currently eligible under the Minimum Allocation Program; and (2) the Secretary to make such funds available to the States before November 15, 1995, or as soon as possible thereafter. Prohibits unobligated balances of funds attributed to urbanized areas with a population of over 200,000 from being designated by the State without the concurrence, in writing, of the Metropolitan Planning Organization (MPO) designated for such area. Sets forth provisions regarding: (1) congestion mitigation and air quality balances; (2) Interstate construction balances; (3) periods of availability; and (4) limits on statutory construction. (Sec. 206) Revises provisions regarding the method of distribution of funds made available under the Minimum Allocation Program in FY 1996 and 1997. Sets forth provisions regarding: (1) a special rule for urbanized areas of over 200,000; and (2) funding. (Sec. 207) Prohibits the Secretary from penalizing States for failure to implement various highway and transportation management systems during FY 1996. Repeals a requirement that States meet minimum utilization requirements for asphalt pavement containing recycled rubber and the penalties for failure to meet those requirements. Title III: Miscellaneous Provisions - Directs the Secretary to distribute any limitation otherwise imposed on transit operating assistance so that each urbanized area that had a population of less than 200,000 under the 1990 decennial census will receive for FY 1996 75 percent of the amount the area received under such distribution for FY 1995. Requires the Secretary, in the distribution of such limitation to urbanized areas that had a population under such census of one million or more, to direct each such area to give priority consideration to the impact of reductions in operating assistance on smaller transit authorities operating within the area and to consider the needs and resources of such authorities when the limitation is distributed among all transit authorities operating in the area. (Sec. 302) Directs the Secretary to: (1) require each recipient of Federal financial assistance for a highway or transit project with an estimated total cost of $1 billion or more to submit to the Secretary an annual financial plan, which shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions (as determined by the Secretary) of future increases in the cost to complete the project; (2) make a recommendation to the Congress on whether or not future Federal assistance should be withheld regarding any such project for which an annual financial plan is not submitted or for which the Secretary determines that the estimates or assumptions are not reasonable; and (3) submit to the Congress an annual report on the financial plans submitted and any such recommendation. (Sec. 303) Prohibits the Secretary of Transportation, after this Act's enactment and before the date on which Federal-aid highway and transit programs are reauthorized, from issuing a letter of intent or entering into a full financing grant agreement or early systems work agreement for a project or operable segment of a project unless the full amount of Federal financial responsibility for the project or segment has been included in an authorization law. Makes such prohibition inapplicable to any project: (1) for which a letter of intent was issued before this Act's enactment date; and (2) included as an element of an interrelated project which also includes another project for which a letter of intent was issued before such date. (Sec. 304) Requires an annual report on Capital Projects for Fixed Guideway Systems and Extensions of Existing Fixed Guideway Systems to include: (1) an analysis of potential funding requirements of the project in the succeeding five fiscal years; and (2) a description of the planning and study process undertaken to select the locally preferred alternative and of efforts undertaken to seek alternative funding sources for the project. (Sec. 305) Repeals the authorization for the Long Beach Metro Link Fixed Rail Project. Reduces the authorization for the Honolulu Rapid Transit Project. (Sec. 306) Modifies various previously authorized transit projects and makes funds available for certain additional projects. (Sec. 307) Adds consideration of recreational travel and tourism to the metropolitan planning process under the transit program. (Sec. 308) Requires that any contract or subcontract awarded for engineering and design services, whether funded in whole or in part with Federal transit funds, be performed and audited in compliance with cost principles contained in the Federal acquisition regulations. Requires the recipient of Federal funds to: (1) accept and use indirect cost rates established by a government agency in accordance with such regulations for one-year applicable accounting periods in estimating, negotiating, and administering contracts; (2) notify affected firms before requesting and using the cost and rate data; and (3) keep such data confidential. Makes this section effective two years after this Act's enactment, but grants a State the option of adopting by statute an alternative process intended to promote engineering and design quality and to ensure maximum competition by professional companies of all sizes providing engineering and design services. (Sec. 309) Revises the formula for State expenditures on intercity bus transportation and includes among eligible activities the purchase of accessibility devices. Directs the Secretary to make capital grants to operators of intercity bus transportation systems to support such systems, including the purchase of such devices. (Sec. 310) Specifies that the hiring of law enforcement or security personnel is an eligible expense under the transit security program. Allows half of the publicly funded ferry boat service provided to the City of Avalon, California, to be counted under the formula grant transit program. (Sec. 311) Amends the Americans With Disabilities Act of 1990 to require that accessibility requirements for private over-the-road buses be met by small providers within three years, and by other providers within two years, after the issuance of final regulations. (Sec. 312) Makes the Alaska Railroad eligible for certain fixed guideway modernization funds for improvements to its passenger operations. (Sec. 313) Amends Federal transportation law to authorize (current law requires) preemployment alcohol testing of: (1) mass transit, railroad, air carrier, and Federal Aviation Administration employees responsible for safety-sensitive functions; and (2) operators of commercial motor vehicles. (Sec. 314) Provides that a State shall be treated as having met the requirement of having a statewide program for roadside sobriety checkpoints if such a program would violate the constitution of the State and if the State meets certain other safety requirements. Moves from the Supplemental Grants Program to the Basic Grants Program the requirement that a State provide that any person under age 21 with a blood alcohol concentration of .02 percent or greater when driving a motor vehicle shall be deemed to be driving while intoxicated. (Sec. 315) Directs the Secretary to: (1) conduct a study of technologies and practices to improve the driving performance of older drivers and other special driver groups; (2) undertake demonstration activities which incorporate and build upon gerontology research related to the study of the normal aging process, and initially implement such activities in States with the highest population of aging citizens for whom driving a motor vehicle is their primary mobility mode; and (3) carry out the study by entering into a cooperative agreement with an institution that has demonstrated competencies in specified fields. Requires the Secretary: (1) in carrying out the work zone safety program under ISTEA, to utilize a variety of methods to increase safety at highway construction sites, including conferences, creation of a national clearinghouse, and a national promotional campaign; and (2) to conduct a study to develop and evaluate radio and microwave technology for a motor vehicle safety warning system in furtherance of safety in all types of motor vehicles and determine whether such technology has other appropriate safety applications. (Sec. 316) Amends ISTEA to extend until the reauthorization of the Federal-aid highway and transit programs a temporary waiver from axle weight limitations for any vehicle regularly and exclusively used as an intrastate public agency transit passenger bus. (Sec. 317) Freezes funding allocations under the Congestion Mitigation and Air Quality Program (CMAQ) at the FY 1994 levels for the remaining years of ISTEA and provides that CMAQ funds may be used for projects for the maintenance of air quality standards. Provides that certain funding equity provisions will not be affected by this section. (Sec. 318) Directs the Secretary to establish a program to require States to conduct an analysis of the life-cycle costs of, and carry out a value engineering analysis for, all projects on the NHS with an estimated total cost of $25 million or more. (Sec. 319) Specifies that transportation conformity requirements only apply to areas that are designated as nonattainment areas and to areas that have been designated as attainment areas but that are still subject to maintenance requirements under the Clean Air Act. (Sec. 320) Sets forth provisions regarding contracting for engineering and design services funded in whole or in part with Federal-aid highway funds (analogous to provisions under Sec. 308). Repeals a pilot program under ISTEA for uniform audit procedures. (Sec. 321) Exempts certain specialized vehicles operating on the 104-mile portion of Wisconsin State Route 78 and U.S. Route 51 from vehicle weight limitations upon the inclusion of the route as part of the Interstate System. (Sec. 322) Includes the Centennial Bridge, Rock Island, Illinois, under provisions relating to toll agreements. (Sec. 323) Prohibits the Secretary, before September 30, 1997, from requiring the States to expend any Federal or State funds to construct, erect, or otherwise place, or modify a highway sign relating to any speed limit, distance, or other measurement using the metric system. (Sec. 324) Specifies that the Federal ban on outdoor advertising on scenic highways does not restrict the authority of a State with respect to commercial and industrial areas along a scenic byway, nor does it prevent a State from establishing standards stricter than those in Federal law. (Sec. 325) Adds recreational travel and tourism to the factors that must be considered by MPOs in developing transportation plans and programs. (Sec. 326) Allows any non-Federal funds expended for the seismic retrofit of certain toll bridges to be credited toward the non-Federal share required as a condition of receipt of Federal funds for such retrofit made available after the date of the expenditure. (Sec. 327) Specifies that data collected for safety reports or surveys shall not be subject to discovery or admitted into evidence in Federal or State court proceedings. (Sec. 328) Revises the National Recreational Trails Program under ISTEA, including a provision requiring States to provide 20 percent of the program costs in the sixth year of the program. Requires a State to give priority to projects which mitigate and minimize impacts to the environment. Permits a State to apply to the Secretary for an exemption from requirements for the distribution of Federal trail program funds. (Sec. 329) Revises ISTEA regarding the routing of certain existing high priority corridors and adds additional high priority corridors. Designates certain of these routes as future Interstate routes, if they are not already designated, when the Secretary determines that such routes meet Interstate standards and connect to an existing Interstate segment. (Sec. 330) Amends ISTEA to authorize a feasibility study to identify routes that will expedite future emergency evacuations of coastal areas of Louisiana. Directs the Secretary to conduct a study to determine the feasibility of establishing a route for the East-West Transamerica Corridor in West Virginia and Virginia. (Sec. 333) Delineates the route of the East-West Transamerica High Priority Corridor. (Sec. 340) Amends the Federal-Aid Highway Act of 1956 to make the High Street to Causeway Street section of an existing project eligible for Interstate construction funds. Makes certain revisions to the Interstate 95 and Pennsylvania Turnpike project authorized by the Surface Transportation Assistance Act of 1982. Prohibits the use of Federal funds to construct Type II noise barriers, other than for projects already approved. (Sec. 341) Directs the Secretary to enter into an agreement modifying an existing agreement that provides Orange County, California with a line of credit. Allows the Secretary to require an interest rate higher than that previously specified. (Sec. 342) Directs the Secretary to conduct a study: (1) and report to the Congress on the adequacy of and the need for improvements to the Pan American Highway; and (2) to determine the cost, need, and efficacy of establishing a highway sign for identifying routes on the NHS. (Sec. 343) Provides that tolls collected for motor vehicles on any bridge connecting the boroughs of Brooklyn and Staten Island, New York, shall continue to be collected for only those vehicles exiting from such bridge in Staten Island. (Sec. 344) Authorizes appropriations for FY 1996 for the National Driver Register.
Bill· HRH.R. 2270 (104th)referred
United States · United States Congress · 6 September 1995
Requires a constitutional authority clause to follow the enacting clause of any Act of Congress or the resolving clause of any joint resolution. Requires a similar clause before each title, section, subsection, or paragraph which relies on a different constitutional provision.
Bill· HJRESH.J.Res. 106 (104th)open
United States · United States Congress · 2 August 1995
Constitutional Amendment - Requires a three-fifths majority of the whole number of each House of the Congress to pass any bill to levy a new tax or increase the rate or base of any tax. Allows the Congress to waive the requirement when a declaration of war is in effect and when the United States is engaged in military conflict that causes an imminent and serious threat to national security and is so declared by a joint resolution, adopted by a majority of the whole number of each House, that becomes law. Makes a bill passed under waiver effective for no longer than two years. Requires all votes under this amendment to be by roll call.
Bill· HJRESH.J.Res. 103 (104th)referred
United States · United States Congress · 26 July 1995
Constitutional Amendment - States that the people shall have the right to enact and repeal any law which the Congress may pass, except for the right to declare war, grant letters of marque and reprisal, make rules concerning captures on land and water, or call forth the militia.
Bill· HJRESH.J.Res. 105 (104th)referred
United States · United States Congress · 26 July 1995
Constitutional Amendment - States that the people shall have the right to recall any person elected by popular vote or the electors of the various States to hold a Federal office.
Bill· HJRESH.J.Res. 104 (104th)referred
United States · United States Congress · 26 July 1995
Constitutional Amendment - States that the people shall have the right to propose amendments to the Constitution through an initiative process.
Bill· HRH.R. 2087 (104th)referred
United States · United States Congress · 20 July 1995
Sanctity of Life Act of 1995 - Declares that: (1) for the purpose of enforcing the obligation of the States under the 14th amendment to the Constitution not to deprive persons of life without due process of law, human life shall be deemed to exist from conception without regard to race, sex, age, health, defect, or condition of dependency; and (2) each State has a compelling interest, independent of the status of the unborn children under the 14th amendment, in protecting the lives of those in the State's jurisdiction whom the State rationally regards as human beings. Amends the Federal criminal code to declare that the Supreme Court and district courts shall not have jurisdiction over any case arising out of any statute, ordinance, rule, regulation, or practice on the grounds that the statute, ordinance, rule, regulation, or practice protects the rights of human persons between conception and birth or prohibits, limits, or regulates the performance of abortions or the provision of public funds, facilities, personnel, or other assistance for the performance of abortions.
Bill· SS. 1039 (104th)referred
United States · United States Congress · 17 July 1995
Requires a constitutional authority clause to follow the enacting clause of any Act of Congress or the resolving clause of any joint resolution. Requires a similar clause before each title, section, subsection, or paragraph which relies on a different constitutional provision.
Bill· HJRESH.J.Res. 99 (104th)referred
United States · United States Congress · 30 June 1995
Constitutional Amendment - Prohibits the imposition or execution of the death penalty by any State, Territory, or other jurisdiction within the United States.
Bill· HRH.R. 1958 (104th)referred
United States · United States Congress · 29 June 1995
Denies the U.S. Supreme Court and the inferior courts established by the Congress under Article III of the Constitution jurisdiction to hear or review any case arising out of any State statute, ordinance, rule, or regulation which relates to abortion.
Bill· HRH.R. 1926 (104th)referred
United States · United States Congress · 27 June 1995
Flag Protection Act of 1995 - Provides that each copy of the U.S. flag that is intended to be displayed as a flag and is made after the enactment of this Act shall belong to the people of the United States and shall be held in trust for them by the Government. Gives the United States a property interest in each such copy, thereby subjecting each copy to the regulatory authority of the Congress under the Constitution. Authorizes the Secretary of the Treasury to make rules for the use and disposition of such copies that allow for the sale and transfer of the rights to possess and use them. Declares that any damage to, or destruction of, such a copy that is in violation of such rules is a depredation against U.S. property for purposes of imposing criminal penalties.
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