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Bill· HJRESH.J.Res. 24 (103rd)open

Proposing an amendment to the Constitution to provide for a balanced budget for the United States Government and for greater accountability in the enactment of tax legislation.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a joint single subject resolution. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires the Congress, whenever actual outlays exceed actual receipts for any fiscal year, to provide by law for the repayment of the excess in the ensuing fiscal year. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect.

Bill· HJRESH.J.Res. 9 (103rd)open

Proposing a Balanced Budget Amendment to the Constitution of the United States.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts. Directs the President to submit a balanced budget. Authorizes waiver of these provisions in time of war. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses become law.

Bill· HJRESH.J.Res. 2 (103rd)open

Proposing an amendment to the Constitution to provide for a balanced budget for the United States Government.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Prohibits in any fiscal year total Federal outlays from exceeding total receipts, unless a three-fifths roll call vote of both Houses authorizes a specific excess. Prohibits any increase in the public debt unless a three-fifths roll call vote of both Houses of the Congress enacts legislation permitting otherwise. Directs the President to submit a balanced budget to the Congress. Permits any revenue-increasing bill to become law only if approved by a majority of the whole number of each House of Congress by roll call vote. Waives these provisions when a declaration of war is in effect.

Bill· HJRESH.J.Res. 19 (103rd)open

Proposing an amendment to the Constitution of the United States to provide that appropriations shall not exceed revenues of the United States, except in time of war or national emergency.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Prohibits the Congress from authorizing the withdrawal of funds from the Treasury during a fiscal year in excess of fiscal year revenues (except those derived from borrowing), determined in accordance with estimates the President must determine and announce as soon as practicable after the end of each calendar year and revise at least quarterly. Directs the President to submit to the Congress a proposed budget that meets this same balanced budget standard. Authorizes a waiver of these provisions in time of war or national emergency.

Bill· HJRESH.J.Res. 8 (103rd)open

Proposing an amendment to the Constitution of the United States requiring the submission of balanced Federal funds budgets by the President and action by the Congress to provide revenues to offset Federal funds deficits.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Requires the President to submit a balanced budget to the Congress. Prohibits the Congress, whenever aggregate Federal expenditures (excluding those from trust funds) exceed aggregate Federal receipts (excluding those of trust funds) for any two-year period, from passing any measure appropriating money out of the Treasury general fund until a law has come into effect that will provide, within the following 12 months, additional revenue of not less than the amount of the difference. Suspends these requirements during war or other national emergency, upon the recommendation of the President and the approval of the Congress.

Bill· HJRESH.J.Res. 38 (103rd)open

Proposing an amendment to the Constitution of the United States with respect to the number of terms of office of Members of the Senate and the House of Representatives.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Prohibits a person who has been elected to: (1) the Senate two times from being eligible for election or appointment to the Senate; and (2) the House of Representatives six times from being eligible for election to the House.

Bill· HJRESH.J.Res. 41 (103rd)referred

Proposing an amendment to the Constitution of the United States to provide for a four-year term for Members of the House of Representatives.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Establishes a four-year term of office for Members of the House of Representatives to coincide with the President's term of office. Requires any Representative who officially declares the candidacy for election to the Senate to resign his or her seat at the time of the declaration.

Bill· HJRESH.J.Res. 37 (103rd)referred

Proposing an amendment to the Constitution of the United States to provide for four-year terms for Representatives and to limit the number of terms Senators and Representatives may serve.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Provides for staggered four-year terms for Members of the House of Representatives. Prohibits persons from being elected to the House more than four times or more than three times to four-year terms. Prohibits persons from being elected to the Senate more than twice.

Bill· HJRESH.J.Res. 33 (103rd)referred

Proposing an amendment to the Constitution of the United States providing for direct popular elections of the President and the Vice President, establishing a day for elections for the offices of the President, the Vice President, Senator, and Representative, and providing for primaries to nominate candidates for the offices 1 month before the elections.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Provides for: (1) direct popular elections of the President and the Vice President; (2) a day for elections for the offices of President, Vice President, Senator, and Representative; and (3) primaries to nominate candidates for such offices.

Bill· HJRESH.J.Res. 18 (103rd)referred

Proposing an amendment to the Constitution of the United States pertaining to prayer.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit individual or group prayer in public schools or other public institutions. States that no person shall be required by the United States or by any State to participate in prayer.

Bill· HJRESH.J.Res. 31 (103rd)referred

Proposing an amendment to the Constitution of the United States to limit the terms of office for Members of Congress.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Prohibits a Member of the House of Representatives from serving more than four full terms in the House and a Senator from serving more than two full terms in the Senate (excluding any part of a partial term to which the person may have been elected or appointed).

Bill· HJRESH.J.Res. 27 (103rd)referred

Proposing an amendment to the Constitution of the United States relating to voluntary school prayer.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit individual or group prayer in public schools or other public institutions. States that no person shall be required by the United States or any State to participate in prayer. Provides that neither the United States nor any State shall prescribe the content of any such prayer.

Bill· HJRESH.J.Res. 16 (103rd)referred

Proposing an amendment to the Constitution of the United States providing that no person may be elected to the House of Representatives more than three times, and providing that no person may be elected to the Senate more than once.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Prohibits any person from being elected to the House of Representatives more than three times or from being elected or appointed to the Senate more than once.

Bill· HJRESH.J.Res. 23 (103rd)referred

Proposing an amendment to the Constitution of the United States to prohibit compelling the attendance of a student in a public school other than the public school nearest the residence of such student.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Prohibits a student from being compelled to attend a public school other than the one nearest his or her residence which is located within the student's school district and which provides the course of study pursued by such student.

Resolution· HCONRESH.Con.Res. 12 (103rd)referred

Declaring the sense of Congress regarding periods of silence in the public schools.

United States · United States Congress · 5 January 1993

Expresses the sense of the Congress that: (1) the Constitution does not preclude periods of silence in public schools to be used at the discretion of the individual for prayer or introspection, even if these moments are supervised by a school official; and (2) public school authorities should recognize the historic importance of religion to our civilization by encouraging such periods of silence.

Resolution· HCONRESH.Con.Res. 11 (103rd)referred

Declaring the sense of Congress regarding periods of silence in the public schools.

United States · United States Congress · 5 January 1993

Expresses the sense of the Congress that: (1) the Constitution does not preclude periods of stillness and silence in public schools to be used at the discretion of the individual for prayer or introspection; and (2) individual religious conscience should not be violated or compromised in the establishment of any such period.

Bill· SJRESS.J.Res. 345 (102nd)referred

A joint resolution proposing an amendment to the Constitution of the United States to prohibit the Supreme Court or any inferior court of the United States from ordering the laying or increasing of taxes.

United States · United States Congress · 2 October 1992

Constitutional Amendment - Declares that neither the Supreme Court nor any inferior court of the United States shall have the power to instruct or order a State or political subdivision thereof, or an official of such State or political subdivision, to lay or increase taxes.

Bill· SS. 3292 (102nd)referred

A bill to establish the death penalty for certain violent crimes and provide procedures for its imposition, provide for habeas corpus reform, and codify the "good faith" exception to the exclusionary rule.

United States · United States Congress · 1 October 1992

Title I: Death Penalty under Federal Law - Federal Death Penalty Act of 1992 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, or at such time thereafter as the court may permit upon a showing of good cause, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant (with the approval of the attorney for the Government), when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must provide beyond a reasonable doubt. Sets forth special aggravating factors for: (1) treason, espionage, homicide, and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include conviction for two felony drug offenses, conviction for serious Federal drug offenses, and participation in a continuing criminal enterprise involving drug sales to minors). Directs the court, or the jury by unanimous vote, to recommend whether a sentence of death shall be imposed rather than a lesser sentence based upon a consideration of whether all the aggravating factors sufficiently outweigh all mitigating factors (or, in the absence of a mitigating factor, whether the aggravating factors alone are sufficient to justify such sentence). Specifies that the jury or the court is never required to impose a death sentence. States that no person who was under 17 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religious beliefs, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals to address all substantive and procedural issues raised on appeal and to consider whether the death sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of an aggravating factor required to be considered. Directs the court to remand the case for reconsideration or imposition of a sentence other than death whenever it finds that: (1) the sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the admissible evidence and information adduced does not support the special finding of the existence of the required aggravating factor; or (3) the proceedings involved any other legal error requiring reversal of the sentence that was properly preserved for and raised on appeal. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of a sentence of death. Prohibits a sentence of death from being carried out upon a person who is mentally retarded, who lacks the mental capacity to understand the death penalty and why it was imposed on that person, or upon a woman while she is pregnant. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, the U.S. Marshals Service, or any employee providing services to that department, bureau, or service under contract to be in attendance or to participate in any execution if such participation is contrary to such employee's moral or religious convictions. Limits the circumstances under which a person subject to the criminal jurisdiction of an Indian tribal government may be executed under this Act. Provides for the imposition of the death penalty for specified Federal crimes, including: (1) murders committed by prisoners in Federal correctional institutions; (2) civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs; (3) murders through the use of a firearm, where a person causes the death of another intentionally, knowingly, through recklessness manifesting extreme indifference to human life, or through the intentional infliction of serious bodily injury; and (4) drug-related murders in the District of Columbia. Title II: Death Penalty or Life Imprisonment Without Parole for First Degree Murder in the District of Columbia - Amends the D.C. Code to authorize the death penalty or life imprisonment without parole for first-degree murders in the District of Columbia. Title III: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1992 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a petition for habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment of counsel. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1992 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Specifies that any such mechanism shall offer counsel to all State prisoners under capital sentence and provide for the entry of an order by a court of record that: (1) appoints counsel to represent the prisoner upon a specified finding; (2) finds that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denies the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt of the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Directs the Administrative Office of the U.S. Courts to report annually to the Congress on court compliance with the time limits established under this subtitle. Title IV: Exclusionary Rule - Amends the Federal criminal code to provide that evidence obtained as a result of a search or seizure shall not be excluded in a court of the United States as being in violation of the fourth amendment to the U.S. Constitution if such search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Specifies that Federal law does not require the exclusion of evidence in State court proceedings under circumstances in which such evidence would be admissible in a Federal court proceeding.

Bill· HJRESH.J.Res. 557 (102nd)referred

Proposing and amendment to the Constitution of the United States providing for direct popular elections of the President and the Vice President, establishing a day for elections for the offices of the President, the Vice President, Senator, and Representative, and providing for primaries to nominate candidates for the offices 1 month before the elections.

United States · United States Congress · 1 October 1992

Constitutional Amendment - Directs the Congress to provide by law for: (1) national primaries to nominate candidates for President and Vice President, which shall be held on the first Tuesday after the first Monday in September of the years preceding the years in which the terms of the President and the Vice President begin; (2) national elections of the President and the Vice President, which shall be held on the first Tuesday after the first Monday in October of national primary years; (3) primaries in which the electors in a State who have the qualifications for electors of the most numerous branch of the State legislature nominate candidates for the Senate, which shall be held on the first Tuesday after the first Monday in September of the years preceding the years in which a Senator's term expires; (4) Senate elections for the vacating seat, which shall be held on the first Tuesday after the first Monday in October of primary years; (5) primaries in which the electors in a congressional district of a State who have the qualifications requisite for electors of the most numerous branch of the State legislature, or in a State whose Representatives are elected at large, nominate candidates for Representative to represent the district in the Congress, which shall be held on the first Tuesday after the first Monday in September of the years preceding the years in which the terms of Representatives begin; and (6) elections for Representatives, which shall be held on the first Tuesday after the first Monday in October of primary years.

Bill· SS. 3271 (102nd)referred

Sexual Assault Prevention Act of 1992

United States · United States Congress · 25 September 1992

Sexual Assault Prevention Act of 1992 - Title I: Sexual Violence - Subtitle A: Penalties and Remedies - Amends the Federal criminal code to provide for pretrial detention in sex offense cases. Makes murder a Class A felony, mandating the death sentence, when done in the course of certain sex offenses, sexual assault, or child molestation, or when the defendant has previously been convicted of sexual assault or child molestation, subject to specified mitigating factors. Requires instructing the jury not to: (1) be influenced by prejudice or bias relating to the race, color, religion, national origin, or sex of the defendant or any victim; and (2) recommend a death sentence unless it concludes that it would recommend such sentence regardless of such factors. Requires each juror to sign a certification to that effect. Prohibits: (1) carrying out a death sentence on a woman while she is pregnant; and (2) requiring any employee of, or any person under contract to provide services to, a State corrections department, the Federal Bureau of Prisons, or the U.S. Marshals Service, to attend or participate in any execution. Sets forth provisions regarding: (1) the appointment of counsel for indigent capital defendants; (2) representation after finality of judgment; (3) standards for competence of counsel; (4) claims of ineffectiveness of counsel in collateral proceedings; (5) time limits for collateral attack on a death sentence; (6) stays of execution; and (7) finality of the decision on review. Increases penalties for: (1) recidivist sex offenders; and (2) sex offenses against victims under age 16. Directs the U.S. Sentencing Commission: (1) to amend the sentencing guidelines to increase by at least four levels the base level for offenses relating to sexual, and aggravated sexual, abuse; (2) to consider whether any other changes applicable to such offenses are warranted; (3) in amending the guidelines in conformity with this provision, to review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses; and (4) in any subsequent amendment to the guidelines, to maintain minimum guideline sentences for such offenses which are at least equal to those required by this provision. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to amend the sentencing guidelines to enhance the sentence of an offender who had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends: (1) the Victims' Rights and Restitution Act of 1990 to require a governmental department or agency to pay for up to two tests for a sexual assult victim in the twelve months following the assault and a counseling session regarding the tests and the risk of transmission as the result of the assault; and (2) the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Amends the Federal criminal code to authorize the restitution of victims of sex offenses, including reimbursement for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Requires the court to issue an order requiring restitution of the full amount of the victims's losses and expenses for which restitution is authorized in imposing sentence, unless the Government and the victim do not request such restitution. Provides for the enforcement of restitution orders through the suspension of Federal benefits. Provides that whoever, in violation of the Constitution or laws of the United States, engages in sexual violence against another, shall be liable to the injured party in a civil action. Includes among the relief available compensatory and punitive damages and any appropriate equitable or declaratory relief. Amends the Civil Rights Attorney's Fees Award Act of 1976 to include such provision with respect to payment of attorney fees. Subtitle B: Rules of Evidence, Practice, and Procedure - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Revises Federal Rule of Evidence 412 (rape victim shield law), including: (1) making inadmissible reputation or opinion evidence of the past sexual behavior of an alleged victim of a sex offense, and evidence of a victim's past sexual behavior other than reputation or opinion evidence (with exceptions), in a civil case (current law applies only to criminal cases); and (2) requiring any order admitting such evidence to explain the reasoning leading to the finding of relevance and the basis of the finding that its probative value outweighs the danger of unfair prejudice notwithstanding the potential of the evidence to humiliate and embarass the alleged victim and to result in unfair or biased inferences. Amends the Federal criminal code to provide that an appeal by the United States before trial shall lie to a court of appeals from an order of a district court admitting evidence of an alleged victim's past sexual behavior in a criminal case in which the defendant is charged with a sex offense, whether or not the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison. Adds a Federal Rule of evidence that, in a criminal case in which a person is accused of a sex offense, evidence is not admissible to show that the alleged victim invited or provoked the commission of the offense. Enacts rules to be known as the Rules of Professional Conduct for Lawyers in Federal Practice and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) litigation abuse (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) a duty of enquiry in relation to the client (including attempting to elicit from the client a materially complete account of the alleged criminal activity or civil wrong if the client acknowledges involvement in such activity or wrong), and to elicit the material facts relevant to a defense of alibi if the client denies such involvement; (3) a duty to expedite litigation (including not attempting to delay or prolong proceedings for specified reasons); and (4) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information). Amends the Federal Rules of Criminal Procedure to provide that: (1) if the offense charged is punishable by imprisonment for more than one year, each side is entitled to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) if sentence is to be imposed for a crime of violence or sexual abuse, the court shall (before imposing sentence) address the victim personally if the victim is present at the sentencing hearing, and determine if the victim wishes to make a statement and present any information in relation to the sentence (which statement may be made in camera under specified circumstances). Expresses the sense of the Congress that news media, law enforcement personnel, and other persons should exercise restraint and respect a rape victim's privacy by not disclosing the victim's identity to the general public or facilitating such disclosure without the victim's consent. Subtitle C: Safe Campuses - Requires the Attorney General to: (1) provide for a national baseline study to examine the scope of the problem of campus sexual assaults and the effectiveness of institutional and legal policies in addressing such crimes and protecting victims; and (2) submit a report to the Congress by September 1, 1995. Authorizes appropriations. Amends: (1) the General Education Provisions Act to provide for the disclosure of arrest records by campus police; and (2) the Higher Education Act of 1965 to add sexual assault to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Subtitle D: Assistance to States and Localities - Authorizes the Attorney General to make grants to support projects and programs relating to sexual violence. Sets forth provisions regarding: (1) formula and discretionary grant allotments; (2) application requirements for formula grants; (3) conditions on grants; (4) program evaluation (by the National Institute of Justice); (5) coordination of grant administration; and (6) reporting requirements. Authorizes appropriations. Authorizes the Attorney General to make supplementary grants to States adopting laws that exceed or are reasonably comparable to Federal provisions relating to sexual violence in certain respects. Authorizes appropriations. Title II: Domestic Violence and Offenses Against the Family - Amends the Federal criminal code to establish penaties (including madatory penalties if the offense involves the infliction of bodily injury on, or the commission of sexual abuse against, the victim) for interstate travel to commit spouse abuse or to violate a protective order, subject to specified requirements. Provides for mandatory restitution and pretrial detention for victims of such offense. Includes as an aggravating factor, for purposes of death penalty provisions under this Act, that a killing occurred in the course of such offense. Establishes penalties (including restitution) for noncompliance with child support obligations in interstate cases. Makes compliance with any court or administrative order under State law requiring payments for the support of a child, or of a child and the parent with whom the child is living, a condition of probation. Provides for full faith and credit of protective orders among the States. Expresses the sense of the Congress that, for purposes of determining child custody, evidence establishing that a parent engages in physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse. Directs the Attorney General to: (1) prepare a report on the status of battered women's syndrome as a medical and psychological condition and on its effect in criminal trials; (2) conduct a study of the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses; (3) complete a study of problems of recordkeeping of criminal complaints involving domestic violence; and (4) evaluate, develop, prepare and disseminate to State authorities, and make recommendations concerning anti-stalking legislation. Sets forth reporting requirements. Authorizes the Attorney General to make grants to support projects and programs relating to domestic violence and other criminal and unlawful acts that particularly affect women. Sets forth provisions regarding: (1) formula and discretionary grant allotments; (2) application requirements for formula grants; (3) conditions on grants; (4) program evaluation; (5) coordination of grant administration; and (6) reporting requirements. Authorizes appropriations. Title III: National Task Force on Violence Against Women - Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Sets forth administrative and reporting requirements. Authorizes appropriations.

Resolution· SRESS.Res. 346 (102nd)passed

A resolution to express the sense of the Senate regarding the capture on September 12, 1992, of the Peruvian communist and terrorist leader, Abimael Guzman, and for other purposes.

United States · United States Congress · 24 September 1992

Supports the Government of Peru in its determination to fight the Shining Path terrorist group. Commends and congratulates the members of the Peruvian Counter-Terrorism National Directorate of the Technical Police who conceived and executed the plan to capture Abimael Guzman, the leader of Shining Path, and several of his immediate subordinates. Encourages: (1) the Peruvian people to commit themselves to the long-term process of overcoming the social effects of the activities of Shining Path and creating the necessary conditions for the maintenance of a viable constitutional democracy and viable economy; and (2) the Peruvian Government to hold free and fair elections for a constitutent assembly on November 22, 1992, under international supervision by the Organization of American States and to continue its efforts to fight terrorism and international narcotics trafficking and to establish the rule of law throughout Peru.

Bill· HJRESH.J.Res. 554 (102nd)referred

Proposing an amendment to the Constitution of the United States to provide for a 6-year term for the President and Vice President, to provide for a 4-year term for Representatives, to limit the number of terms Senators and Representatives may serve, to provide for a 12-year term for Supreme Court Justices, and to limit the terms of heads of the Executive departments and members of the Board of Governors of the Federal Reserve System.

United States · United States Congress · 24 September 1992

Constitutional Amendment - Establishes a six-year term of office for the President and the Vice President. Prohibits a person from being elected to serve a term of office as President if the person held such office immediately preceding such term. Repeals the 22d amendment to the Constitution. Prohibits a person from being elected to serve a term of office as President or Vice President, or appointed to a term of office as head of an executive department, if the person has held the office of Vice President immediately preceding such term. Establishes a four-year term of office for Representatives. Prohibits any person from being elected more than three times to the office of Representative or more than two times to the office of Senator. Limits the term of office of a judge of the Supreme Court to 12 years and prohibits any person from being appointed as a judge more than once. Limits the term of office of the head of an executive department to six years. Prohibits a person from being elected to serve a term as President or Vice President, or appointed to a term of office as head of an executive department, if the person has held the office as a head of an executive department at any time during the six-year period ending on the date of election or appointment. Limits the term of office for members of the Board of Governors of the Federal Reserve System to seven years. Prohibits a person from being appointed to serve a term as a member if the person has been a member at any time during the seven-year period ending on the date of appointment.

Bill· HRH.R. 5960 (102nd)referred

Sexual Assault Prevention Act of 1992

United States · United States Congress · 16 September 1992

Sexual Assault Prevention Act of 1992 - Title I: Sexual Violence - Subtitle A: Penalties and Remedies - Amends the Federal criminal code to provide for pretrial detention in sex offense cases. Makes murder a Class A felony, mandating the death sentence, when done in the course of certain sex offenses, sexual assault, or child molestation, or when the defendant has previously been convicted of sexual assault or child molestation, subject to specified mitigating factors. Requires instructing the jury not to: (1) be influenced by prejudice or bias relating to the race, color, religion, national origin, or sex of the defendant or any victim; and (2) recommend a death sentence unless it concludes that it would recommend such sentence regardless of such factors. Requires each juror to sign a certification to that effect. Prohibits: (1) carrying out a death sentence on a woman while she is pregnant; and (2) requiring any employee of, or any person under contract to provide services to, a State corrections department, the Federal Bureau of Prisons, or the U.S. Marshals Service, to attend or participate in any execution. Sets forth provisions regarding: (1) the appointment of counsel for indigent capital defendants; (2) representation after finality of judgment; (3) standards for competence of counsel; (4) claims of ineffectiveness of counsel in collateral proceedings; (5) time limits for collateral attack on a death sentence; (6) stays of execution; and (7) finality of the decision on review. Increases penalties for: (1) recidivist sex offenders; and (2) sex offenses against victims under age 16. Directs the U.S. Sentencing Commission: (1) to amend the sentencing guidelines to increase by at least four levels the base level for offenses relating to sexual, and aggravated sexual, abuse; (2) to consider whether any other changes applicable to such offenses are warranted; (3) in amending the guidelines in conformity with this provision, to review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses; and (4) in any subsequent amendment to the guidelines, to maintain minimum guideline sentences for such offenses which are at least equal to those required by this provision. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to amend the sentencing guidelines to enhance the sentence of an offender who had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends: (1) the Victims' Rights and Restitution Act of 1990 to require a governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault and a counseling session regarding the tests and the risk of transmission as the result of the assault; and (2) the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Amends the Federal criminal code to authorize the restitution of victims of sex offenses, including reimbursement for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Requires the court to issue an order requiring restitution of the full amount of the victims's losses and expenses for which restitution is authorized in imposing sentence, unless the Government and the victim do not request such restitution. Provides for the enforcement of restitution orders through the suspension of Federal benefits. Provides that whoever, in violation of the Constitution or laws of the United States, engages in sexual violence against another, shall be liable to the injured party in a civil action. Includes among the relief available compensatory and punitive damages and any appropriate equitable or declaratory relief. Amends the Civil Rights Attorney's Fees Award Act of 1976 to include such provision with respect to payment of attorney fees. Subtitle B: Rules of Evidence, Practice, and Procedure - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Revises Federal Rule of Evidence 412 (rape victim shield law), including: (1) making inadmissible reputation or opinion evidence of the past sexual behavior of an alleged victim of a sex offense, and evidence of a victim's past sexual behavior other than reputation or opinion evidence (with exceptions), in a civil case (current law applies only to criminal cases); and (2) requiring any order admitting such evidence to explain the reasoning leading to the finding of relevance and the basis of the finding that its probative value outweighs the danger of unfair prejudice notwithstanding the potential of the evidence to humiliate and embarass the alleged victim and to result in unfair or biased inferences. Amends the Federal criminal code to provide that an appeal by the United States before trial shall lie to a court of appeals from an order of a district court admitting evidence of an alleged victim's past sexual behavior in a criminal case in which the defendant is charged with a sex offense, whether or not the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison. Adds a Federal Rule of evidence that, in a criminal case in which a person is accused of a sex offense, evidence is not admissible to show that the alleged victim invited or provoked the commission of the offense. Enacts rules to be known as the Rules of Professional Conduct for Lawyers in Federal Practice and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) litigation abuse (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) a duty of enquiry in relation to the client (including attempting to elicit from the client a materially complete account of the alleged criminal activity or civil wrong if the client acknowledges involvement in such activity or wrong), and to elicit the material facts relevant to a defense of alibi if the client denies such involvement; (3) a duty to expedite litigation (including not attempting to delay or prolong proceedings for specified reasons); and (4) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information). Amends the Federal Rules of Criminal Procedure to provide that: (1) if the offense charged is punishable by imprisonment for more than one year, each side is entitled to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) if sentence is to be imposed for a crime of violence or sexual abuse, the court shall (before imposing sentence) address the victim personally if the victim is present at the sentencing hearing, and determine if the victim wishes to make a statement and present any information in relation to the sentence (which statement may be made in camera under specified circumstances). Expresses the sense of the Congress that news media, law enforcement personnel, and other persons should exercise restraint and respect a rape victim's privacy by not disclosing the victim's identity to the general public or facilitating such disclosure without the victim's consent. Subtitle C: Safe Campuses - Requires the Attorney General to: (1) provide for a national baseline study to examine the scope of the problem of campus sexual assaults and the effectiveness of institutional and legal policies in addressing such crimes and protecting victims; and (2) submit a report to the Congress by September 1, 1995. Authorizes appropriations. Amends: (1) the General Education Provisions Act to provide for the disclosure of arrest records by campus police; and (2) the Higher Education Act of 1965 to add sexual assault to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Subtitle D: Assistance to States and Localities - Authorizes the Attorney General to make grants to support projects and programs relating to sexual violence. Sets forth provisions regarding: (1) formula and discretionary grant allotments; (2) application requirements for formula grants; (3) conditions on grants; (4) program evaluation (by the National Institute of Justice); (5) coordination of grant administration; and (6) reporting requirements. Authorizes appropriations. Authorizes the Attorney General to make supplementary grants to States adopting laws that exceed or are reasonably comparable to Federal provisions relating to sexual violence in certain respects. Authorizes appropriations. Title II: Domestic Violence and Offenses Against the Family - Amends the Federal criminal code to establish penalties (including mandatory penalties if the offense involves the infliction of bodily injury on, or the commission of sexual abuse against, the victim) for interstate travel to commit spouse abuse or to violate a protective order, subject to specified requirements. Provides for mandatory restitution and pretrial detention for victims of such offense. Includes as an aggravating factor, for purposes of death penalty provisions under this Act, that a killing occurred in the course of such offense. Establishes penalties (including restitution) for noncompliance with child support obligations in interstate cases. Makes compliance with any court or administrative order under State law requiring payments for the support of a child, or of a child and the parent with whom the child is living, a condition of probation. Provides for full faith and credit of protective orders among the States. Expresses the sense of the Congress that, for purposes of determining child custody, evidence establishing that a parent engages in physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse. Directs the Attorney General to: (1) prepare a report on the status of battered women's syndrome as a medical and psychological condition and on its effect in criminal trials; (2) conduct a study of the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses; (3) complete a study of problems of recordkeeping of criminal complaints involving domestic violence; and (4) evaluate, develop, prepare and disseminate to State authorities, and make recommendations concerning anti-stalking legislation. Sets forth reporting requirements. Authorizes the Attorney General to make grants to support projects and programs relating to domestic violence and other criminal and unlawful acts that particularly affect women. Sets forth provisions regarding: (1) formula and discretionary grant allotments; (2) application requirements for formula grants; (3) conditions on grants; (4) program evaluation; (5) coordination of grant administration; and (6) reporting requirements. Authorizes appropriations. Title III: National Task Force on Violence Against Women - Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Sets forth administrative and reporting requirements. Authorizes appropriations.

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