United States · United States Congress · 27 October 1993
Safe Drinking Water Act Amendments of 1993 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency, in the case of specified contaminants listed in the Federal Register for which national primary drinking water regulations have not been promulgated, to: (1) publish maximum contaminant level goals and promulgate such regulations for those contaminants that occur in drinking water and are of public health concern; and (2) eliminate monitoring, compliance, and enforcement requirements for those contaminants that do not occur in drinking water at levels of public health concern. (Current law requires the promulgation of such goals and regulations for specified numbers of such contaminants by certain dates.) Directs the Administrator to promulgate such goals and regulations for new contaminants every five years. Requires the Administrator to establish in each national primary drinking water regulation best technology treatment techniques for public water systems serving fewer than 1,000, between 1,000 and 10,000, and more than 10,000 people, respectively. Directs the Administrator to promulgate national primary drinking water regulations for radionuclides, disinfection and corrosion byproducts, and sulfate. Revises provisions concerning variances from national drinking water regulations to permit the issuance of a variance by a State only if the water system cannot afford to install the best available technology to meet the maximum contaminant level and it is not feasible for the system to connect with another source of water that will meet the standards. Requires variances to be reviewed by the State at least every three years. Repeals provisions that authorize States to exempt public water systems from requirements respecting maximum contaminant levels or treatment techniques. Prohibits treated drinking water from being removed from a public water system or routed through any device or pipes outside the system and returned to the system. Includes such action in the definition of "tampering," a violation for which criminal penalties are imposed. Makes such prohibition inapplicable to pipes and devices totally within the control of one or more public water systems or to connections between water mains. Requires (currently, authorizes) the Administrator to conduct research relating to diseases and other impairments resulting from contaminants in drinking water or to the provision of a safe supply of drinking water. Authorizes appropriations. Extends the authorization of appropriations for grants for State public water system supervision programs. Requires the Administrator to promulgate revised regulations every five years that list up to 30 unregulated contaminants to be monitored by public water systems. Directs the Administrator to assemble a national drinking water occurrence data base to include information on the occurrence of regulated and unregulated contaminants.
United States · United States Congress · 26 October 1993
Guam and the Northern Marianas Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar coins emblematic of the American forces that liberated Guam and the Northern Mariana Islands in World War II. Requires payment of surcharges received from the coin sales to the Secretary of the Interior to construct a visitors center and museum at: (1) the War in the Pacific National Historical Park on Guam; and (2) the American Memorial Park on Saipan.
United States · United States Congress · 26 October 1993
Crime Victims' Restitution Act of 1993- 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. 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. Directs the court: (1) to order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property, or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to the clerk of the court 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 of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.
United States · United States Congress · 21 October 1993
Prohibits the U.S. Postal Service from expending, in any year, any amounts in connection with instituting a new logo if its total obligations and expenditures incurred in the previous year exceeded its total revenues.
United States · United States Congress · 20 October 1993
Expresses the sense of the House of Representatives that the Department of Justice should repudiate its reinterpretation of Federal child pornography laws, defend the conviction won in lower courts in Knox v. United States, and vigorously prosecute sexual exploitation of children.
United States · United States Congress · 13 October 1993
Federal Law Enforcement Animal Protection Act of 1993 - Amends the Federal criminal code to set penalties for willfully killing, harming, or attempting to kill or harm any animal being used by a Federal law enforcement officer in the discharge of that officer's duties.
United States · United States Congress · 12 October 1993
Amends the Internal Revenue Code to make Internal Revenue Service employees personally liable for a portion of litigation costs resulting from arbitrary, capricious, or malicious acts. Increases (from $100,000 to $1 million) the limitation on recovery of civil damages for certain unauthorized collection actions. Places the burden of proof upon the Secretary of the Treasury with respect to the issue of whether any person has been guilty of fraud with intent to evade tax.
United States · United States Congress · 7 October 1993
Amends the Internal Revenue Code to repeal the retroactive application of income, estate, and gift tax rate increases. Requires a reduction in administrative expenses of Federal departments and agencies for FY 1994 through 1996.
United States · United States Congress · 6 October 1993
Provides that any comprehensive health care reform legislation should be considered on the floor of the House of Representatives under an open rule that authorizes any Representative to offer one or more amendments.
United States · United States Congress · 5 October 1993
Children's Education Opportunity Act - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to give States the option of linking a family's full receipt of AFDC benefits to the regular school attendance of its children through the establishment of learnfare programs.
United States · United States Congress · 30 September 1993
Amends the Federal Election Campaign Act of 1971 to limit out-of-State contributions to a candidate for the House of Representatives to 49 percent of the aggregate of contributions accepted from all sources. Reduces from $5,000 to $1,000 the permissible campaign contribution from a multicandidate political committee (PAC) to a candidate for Federal office. Prohibits any PAC from contributing to another PAC. Mandates that any multicandidate political committee that is affiliated with another organization include the entire organization name within its own name. Proscribes contributions made through an intermediary or conduit (bundling). Requires lobbyists to: (1) accompany their contributions with a written disclosure of their lobbyist status; and (2) report contributions to the Federal Election Commission by a specified deadline. Mandates that campaign contribution reports concerning elections for the House of Representatives segregate and itemize all out-of-State contributions. Bans "soft money" contributions. Modifies the recordkeeping requirements for political party committees. Prescribes guidelines for the allocation of contributions and expenditures for mixed activities by political party committees. Requires a labor organization to make certain annual written disclosures to all employees within its bargaining units concerning its political contributions and expenditures. Amends the Internal Revenue Code to deny tax-exempt status to: (1) organizations that participate or intervene in a political campaign for Federal office; and (2) certain politically active organizations. Amends the Federal Election Campaign Act of 1971 regarding limitations on contributions and expenditures to subject to its purview "political organizations maintained by a candidate". Limits the size of contributions permissible in any calendar year to political committees established and maintained by a State or local political party in connection with any activity that may influence an election for Federal office. Increases from $25,000 to $50,000 the aggregate permissible contributions made by an individual in any calendar year. Amends Postal Service law to lengthen from 60 days to 90 days the pre-election period during which Members of Congress may not send franked mass mailings.
United States · United States Congress · 28 September 1993
Debt Collection Act Amendments of 1993 - Amends Federal law to require the head of an executive or legislative agency (who, currently, is merely authorized) to: (1) contract with a collection service to recover indebtedness owed to the United States; (2) collect such indebtedness from Federal employees in installment deductions; (3) disclose certain information to a consumer reporting agency when trying to collect a claim; and (4) collect such a claim by administrative offset. Requires the head of a Federal agency to report promptly to the Internal Revenue Service (IRS) any debt that has been paid in full. Amends the Internal Revenue Code to allow the IRS to disclose address information in accordance with any law granting a Federal claim against a taxpayer. Directs the Comptroller General to report to the Congress after annual audits of each Federal agency on: (1) the amount of debt owed to the agency; (2) the amount that is delinquent; and (3) action taken by the agency to recover such debt. Repeals the termination date of the pilot debt collection project of the Department of Justice. Requires the Attorney General to include in the annual report to the Congress on activities to recover indebtedness the total cost of the pilot project and the total amount of debt recovered under it. Requires that recovered funds be used to reduce the Federal deficit. Requires a percentage of recovered funds to be used by the agency in collecting indebtedness. Prohibits the head of a Federal agency from making a loan until the loan applicant has been prescreened to determine creditworthiness. Requires the IRS to disclose address information to a Federal agency for use in collecting a claim. Prohibits the head of a Federal agency from making a loan to a loan applicant who owes a delinquent debt to the Federal Government, including the IRS. Allows the use of administrative charges by the Secretary of the Treasury for improving credit management techniques.
United States · United States Congress · 28 September 1993
Amends the Congressional Budget Act of 1974 to provide for downward adjustments in Appropriations Committees' allocations and suballocations when bills are passed that reduce appropriations and require rescissions. Requires the Congressional Budget Office to provide scorecards for such measures.
United States · United States Congress · 22 September 1993
Crime Victims' Bill of Rights Act - Amends Rule 32 of the Federal Rules of Criminal Procedure to require the court, before imposing sentence, to address personally any victim of the offense for which sentence is to be imposed (or a member of that victim's immediate family or, in the court's discretion, any other appropriate person representing the victim) who is present at the sentencing hearing and to afford such individual the opportunity to make a statement and present information in relation to the sentence. Permits the court, upon request by a victim, to hear in camera such a statement by that victim. Amends the Victims of Crime Act of 1984 to condition Federal grant eligibility of crime victim compensation programs on a State providing an effective system of notice to eligible victims of the existence of compensation and other programs to assist victims of crime. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize drug control and system improvement grants to States to be used for programs that allow for the physical and visual separation of a victim of crime from an alleged perpetrator of such crime while waiting in a judicial facility for a courtroom appearance; and (2) provide for a reduction of formula grants by 25 percent (for redistribution to other participating States) for States which fail to notify a crime victim of specified rights. Directs the Attorney General to assure that Federal prosecutors and law enforcement officials: (1) provide an effective system of notice to crime victims of the existence of compensation and other programs to assist victims who might be eligible to participate; (2) notify crime victims of the availability of, and provide such victims the opportunity for, visual and physical separation from alleged crime perpetrators while waiting in a judicial facility for a courtroom appearance; and (3) provide a crime victim with the earliest possible notice of the scheduling of each court proceeding or parole hearing that the witness is required or entitled to attend.
United States · United States Congress · 21 September 1993
Amends the Truth in Lending Act of 1968, Truth in Savings Act of 1991, and Consumer Leasing Act of 1976 to declare that radio broadcast advertisements satisfy statutory consumer disclosure requirements if they include toll-free telephone numbers providing consumers with disclosure information prior to engaging in the transactions specified.
United States · United States Congress · 21 September 1993
Federal Workforce Reduction and Realignment Commission Act - Establishes an independent Federal Workforce Reduction and Realignment Commission to develop and submit to the President and the Congress recommendations for reducing the number of Federal employees nationwide in non-defense-related agencies by 250,000.
United States · United States Congress · 15 September 1993
TABLE OF CONTENTS: Title I: Improved Access to Affordable Health Care Subtitle A: Increased Availability and Continuity of Health Coverage for Employees and Their Families Subtitle B: Reform of Health Insurance Marketplace for Small Business Subtitle C: Preemption Subtitle D: Health Deduction Fairness Subtitle E: Improved Access to Community Health Services Subtitle F: Improved Access to Rural Health Services Subtitle G: State Flexibility in the Medicaid Program: The Medical Health Allowance Program Title II: Health Care Cost Containment and Quality Enhancement Subtitle A: Medical Malpractice Liability Reform Subtitle B: Administrative Cost Savings Subtitle C: Deduction for Cost of Catastrophic Health Plan; Medical Savings Accounts Subtitle D: Anti-Fraud Subtitle E: Medicare Payment Changes; Part B Premium Tax for High-Income Individuals Subtitle F: Removing Anti-Trust Impediments Subtitle G: Encouraging Enforcement Activities of Medical Self-Regulatory Entities Subtitle H: Prefunding Government Health Benefits for Certain Annuitants Subtitle I: Miscellaneous Provisions Title III: Long-Term Care Subtitle A: Tax Treatment of Long-Term Care Insurance Subtitle B: Protection of Assets Under Medicaid Through Use of Qualified Long-Term Care Insurance Subtitle C: Studies Subtitle D: Volunteer Service Credit Demonstration Projects Affordable Health Care Now Act of 1993 - Title I: Improved Access to Affordable Health Care - Subtitle A: Increased Availability and Continuity of Health Coverage for Employees and Their Families - Part 1: Required Coverage Options for Eligible Employees, Spouses, and Dependents - Requires each employer to make available to each eligible employee a group health plan under which: (1) coverage of each eligible individual with respect to such employee may be elected on an annual basis; (2) coverage is provided for at least the required coverage specified; and (3) employees may elect to have premiums collected through payroll deduction. Does not require employer contributions to the cost of coverage under such a plan. Provides for the exclusion of: (1) employers who have been employers for less than two years or who have no more than two eligible employees or no more than two eligible employees not covered under any group health plan; and (2) family members under specified circumstances. Specifies that a group health plan shall not be treated as failing to meet the requirements of this Act solely because a period of service by an eligible employee of not more than 60 days is required for coverage. Specifies that the required coverage is standard coverage, except that in the case of a small employer that has not contributed during the previous plan year to the cost of coverage for any eligible employee under any group health plan, the required coverage for the plan year is coverage under a MedAccess standard, MedAccess catastrophic, and MedAccess medisave plan. Provides for a five-year transition for existing group health plans. (Sec. 1002) Sets forth provisions regarding: (1) compliance with applicable requirements through multiple employer health arrangements; and (2) coverage options under a State medical health allowance program. Part 2: Preexisting Conditions and Continuity of Coverage; Renewability - Prohibits a group health plan from imposing (and an insurer from requiring an employer from imposing through a waiting period for coverage under a plan or similar requirement) a limitation or exclusion of benefits relating to treatment of a preexisting condition if: (1) the condition relates to a condition that was not diagnosed or treated within three months before the date of coverage under the plan; or (2) the limitation or exclusion extends over more than six month after the date of coverage, applies to an individual who, as of the date of birth, was covered under the plan, or relates to pregnancy. Specifies that, in the case of an individual who is eligible for coverage under a plan but for a waiting period imposed by the employer, the individual shall be treated as having been covered under the plan as of the earliest date of the beginning of the waiting period. (Sec. 1012) Requires each group health plan to waive any period applicable to a preexisting condition for similar benefits with respect to an individual to the extent that the individual, prior to enrollment in such plan, was covered for the condition under any other health plan. (Sec. 1013) Prohibits: (1) a multiemployer plan and an exempted multiple employer health plan from canceling or denying renewal of coverage under such a plan for an employer other than for nonpayment of contributions, fraud or other misrepresentation, noncompliance with plan provisions, or misuse of a provider network provision, or because the plan is ceasing to provide any coverage in a geographic area; (2) an insurer from canceling a health insurance plan or denying renewal of coverage other than as prescribed above; and (3) an insurer who terminates the offering of health insurance plans in an area from offering such a plan to any employer in the area until five years after the date of the termination. Part 3: Enforcement; Effective Dates; Definitions - Makes provisions of the Employee Retirement Income Security Act of 1974 applicable with respect to enforcement of this Act (by the Department of Labor). Amends the Internal Revenue Code (Code) to impose a tax ($100 per day for each individual involved, subject to specified limitations) on the failure of an insurer to comply with the requirements under part 2 unless the Secretary of Health and Human Services (Secretary) determines that the State has in effect a regulatory enforcement mechanism that provides adequate sanctions. Subtitle B: Reform of Health Insurance Marketplace for Small Business - Requires each insurer that makes available a health insurance plan to a small employer in a State to make available to each small employer in the State a MedAccess standard, MedAccess catastrophic, and MedAccess medisave plan, with exceptions for health maintenance organizations (HMOs) and if a State provides for guaranteed availability (rather than guaranteed issue). Requires each insurer that offers a MedAccess plan to a small employer in a State to accept: (1) every small employer in the State that applies for coverage; and (2) every eligible individual who applies for enrollment on a timely basis. Sets forth provision regarding: (1) special rules for HMOs; (2) timely enrollment requirements; and (3) enrollment of spouses and dependents. Makes such requirements inapplicable in a State that has provided (in accordance with specified standards) a mechanism under which each insurer offering a health insurance plan to a small employer in the State must participate in a program for assigning high-risk small employer groups (or individuals within such a group) among some or all such insurers, if the insurers comply. (Sec. 1102) Defines "MedAccess plan" as a health insurance plan that: (1) is designed to provide standard coverage with substantial cost-sharing, only catastrophic coverage, or medisave coverage; (2) includes only essential and medically necessary services; (3) meets applicable requirements relating to guaranteed issue; and (4) meets specifies consumer protection standards. Defines "MedAccess standard plan," "MedAccess catastrophic plan," and "MedAccess medisave plan" to mean a MedAccess plan that provides for at least standard coverage, for only catastrophic coverage, or medisave coverage, respectively. Requests the National Association of Insurance Commissioners (NAIC) to submit to the Secretary a set of rules which NAIC determines is sufficient for determining, in the case of any health insurance plan and for purposes of this subtitle, the actuarial value of the coverage offered by the plan. Directs the Secretary to certify such set of rules for use under this subtitle if they meet such requirements or establish such a set of rules. Specifies that a health insurance plan is considered to provide: (1) standard coverage if the benefits are determined, in accordance with certified rules of actuarial equivalence, to have a value that is within five percentage points of an established target actuarial value for standard coverage; (2) catastrophic coverage if benefits are available under the plan for a year only to the extent that expenses for covered services in a year exceed a deductible amount that is consistent with a specified requirement for a catastrophic health plan under the Code, and are determined, in accordance with certified actuarial equivalence rules, to have a value that is within five percentage points of an established target actuarial value for catastrophic coverage; and (3) medisave coverage if such plan consists of a catastrophic health plan within the meaning of the Code and a medical savings account. Requests NAIC to submit to the Secretary target actuarial values for standard and catastrophic coverage. Permits NAIC to submit periodic revisions of, and permits the Secretary to revise, the set of rules of actuarial equivalence and target actuarial values where necessary to take into account changes in the relevant types of health benefits provisions, in deductible levels for catastrophic coverage, or in relevant demographic conditions. (Sec. 1103) Directs the Secretary to request NAIC to develop model regulations that specify standards with respect to requirements: (1) that insurers make available MedAccess plans; (2) of guaranteed availability of MedAccess plans to small employers; (3) relating to limits on premiums and certain consumer protections; and (4) relating to limitation of annual premium increases. Requires the Secretary to review such standards and, if NAIC fails to specify standards meeting such requirements, to promulgate standards. Sets forth provisions regarding: (1) the application of MedAccess standards and consumer protection standards by the States; and (2) the Federal role. (Sec. 1104) Sets forth provisions: (1) regarding limits on premiums and annual premium increases; and (2) requiring an insurer, at the time of offering a health insurance plan to a small employer, to fully disclose rating practices for health insurance plans, including rating practices for different populations and benefit designs. (Sec. 1106) Directs the Secretary to: (1) request NAIC to develop models for reinsurance or allocation of risk mechanisms for health insurance plans made available to small employers for whom an insurer is at risk of incurring high costs under the plan; and (2) review such models or specify models. Sets forth provisions regarding implementation of reinsurance or allocation of risk mechanisms by the States and the Federal role. Amends the Code to provide for the imposition of a tax on any health insurance plan which covers any employee in a Federal reinsurance State. (Sec. 1108) Directs the Secretary to establish an Office of Private Health Care Coverage. Requires the Office Director to submit to the Congress annual reports evaluating health care coverage reform. (Sec. 1109) Authorizes the Director to conduct: (1) research on the impact of this subtitle on the availability of affordable health coverage for employees and dependents in the small employers group health care coverage market and other specified topics; and (2) demonstration projects relating to such topics. Requires the Director to develop: (1) methods for measuring the relative health risks of eligible individuals in terms of the expected costs of providing benefits under health insurance plans and, in particular, MedAccess plans; and (2) a model for equitably distributing health risks among insurers in the small employer health care coverage market. Authorizes appropriations. Subtitle C: Preemption - Part 1: Scope of State Regulation - Prohibits: (1) State benefit mandates for group health plans; and (2) State or local law prohibitions against two or more employers obtaining coverage under an insured multiple employer health plan. (Sec. 1203) Preempts State restrictions concerning: (1) reimbursement rates or selective contracting; (2) differential financial incentives; and (3) utilization review methods. Directs the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Part 2: Multiple Employer Health Benefits Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to allow a limited exemption under preemption rules for multiple employer plans providing health benefits subject to certain Federal standards. (Sec. 1212) Relieves exempted multiple employer plans providing medical care benefits of certain restrictions on preemption of State law. Treats such plans as employee welfare benefit plans. Allows commencement of new arrangements only if such exemption is in effect or an application is pending and the Secretary of Labor determines that provisional protection is appropriate. Sets forth exemption procedures, eligibility requirements, and additional requirements applicable to exempted arrangements. Requires certain disclosures to participating employers, maintenance of reserves, and corrective actions. Provides for expiration, suspension, and revocation of exemptions, and for review of actions by the Secretary. (Sec. 1213) Revises provisions relating to scope of preemption rules, and to treatment of single employer arrangements and of certain collectively bargained arrangements. (Sec. 1215) Establishes special rules for employee leasing healthcare arrangements. Treats such arrangements as multiple employer welfare arrangements except when they are multiple employer health plans. (Sec. 1216) Sets forth enforcement provisions relating to multiple employer welfare arrangements and employee leasing health care arrangements. (Sec. 1217) Sets forth filing requirements for multiple employer welfare arrangements. (Sec. 1218) Provides for cooperation between Federal and State authorities in enforcing ERISA requirements for multiple employer welfare arrangements with the limited exemption. Part 3: Encouragement of Multiple Employer Arrangements Providing Basic Health Benefits - Amends the Internal Revenue Code to eliminate the commonality of interest or geographic location requirement for tax exempt trust status for multiple employer health plans and insured multiple employer health plans if they meet certain requirements under ERISA and this Act. Part 4: Simplifying Filing of Reports for Employers Covered under Insured Multiple Employer Health Plans - Amends ERISA to direct the Secretary of Labor to prescribe an alternative method providing for a single annual report with respect to all employers who are covered under the same insured multiple employer health plan. Part 5: Compliance with Coverage Option Requirements - Provides for compliance with applicable coverage requirements through multiemployer plans and other multiple employer health arrangements. Subtitle D: Health Deduction Fairness - Amends the Internal Revenue Code to provide: (1) for a permanent extension and increase in the health insurance tax deduction for self-employed individuals; and (2) that the deduction for certain health insurance costs be determined without regard to an adjusted gross income threshold. Disallows the deduction to individuals eligible for employer-subsidized coverage. Allows the deduction whether or not the individual itemizes other deductions. Subtitle E: Improved Access to Community Health Services - Part 1: Increased Authorization for Community and Migrant Health Centers - Directs the Secretary to provide for grants to migrant and community health centers to promote primary health care services for underserved individuals. Allows grants to be used to promote the provision of off-site services, to improve birth outcomes in areas with high infant mortality and morbidity, to establish primary care clinics in areas in need, and for recruitment and training costs of necessary providers and operating costs for unreimbursed services. Authorizes appropriations. Directs the Secretary to conduct a study of the impact of such grants on access to health care, birth outcomes, and the use of emergency room services. Part 2: Grants for Projects for Coordinating Delivery of Services - Amends the Public Health Service Act to authorize the Secretary to make grants to public and nonprofit private entities: (1) to carry out demonstration projects to increase access to outpatient primary health services in specified geographic areas (i.e., areas that are rational areas for the delivery of health services, have a population of not more than 500,000 individuals, and have been designated by the Secretary as areas with a shortage of personal health services or that have a significant number of individuals with low incomes or insufficient health care insurance through coordinating the delivery of such services under Federal, State, local, and private programs; and (2) for developing plans to carry out such projects. Authorizes appropriations. Subtitle F: Improved Access to Rural Health Services - Part 1: Establishment of Rural Emergency Access Care Hospitals Under Medicare - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) establishment of rural emergency access care hospitals under Medicare; and (2) coverage of and payment for rural emergency access care hospital services under Medicare part B (Supplementary Medical Insurance). Part 2: Rural Medical Emergencies Air Transport - Amends the Public Health Service Act to direct the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments. Sets forth provisions regarding: (1) application and State plan requirements; (2) considerations in awarding grants; (3) State administration and use of grants; (4) the number of grants; and (5) reporting requirements. Authorizes appropriations. Part 3: Emergency Medical Services Amendments - Amends the Public Health Service Act to direct the Secretary to: (1) establish an Office of Emergency Medical Services, headed by a Director; (2) engage in specified emergency medical services activities, including disseminating information obtained in carrying out specified activities to public and private entities, providing technical assistance to State and local agencies, coordinating Department of Health and Human Services (DHHS) activities with those of other Federal agencies; and (3) ensure that such activities are carried out consistent with certain requirements regarding maintaining an adequate number of health professionals with expertise in the provision of services, developing, periodically reviewing, and revising as appropriate guidelines for the provision of such services, appropriately using available technologies, and serving the unique needs of underserved inner-city and rural areas. (Sec. 1522) Authorizes the Secretary to make grants to States for the purpose of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services, subject to specified matching fund, budgetary, and other requirements. (Sec. 1523) Provides for demonstration projects to establish telecommunications between rural medical facilities and medical facilities with expertise or equipment. Directs the Secretary to ensure that the telecommunications technologies demonstrated include interactive video telecommunications, static video imaging transmitted through the telephone system, and facsimiles transmitted through such system. (Sec. 1524) Authorizes appropriations for: (1) emergency medical services (including for State offices of Emergency Medical Services and for telecommunications demonstrations); and (2) trauma care and certain other activities. Subtitle G: State Flexibility in the Medicaid Program: The Medical Health Allowance Program - Amends SSA title XIX (Medicaid) to provide for the establishment of State health allowance programs under which the State makes payments to a group health plan which provides coverage to an eligible individual as an allowance towards the costs of providing the individual with benefits under the plan. Subtitle H: Medicaid Program Flexibility - Amends SSA title XIX Medicaid) to modify: (1) Federal requirements to allow States more flexibility in contracting for coordinated care services under Medicaid; and (2) provisions regarding the extension of certain waivers. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Part 1: General Provisions - Makes this subtitle applicable with respect to any medical malpractice liability claim and to any medical malpractice liability action brought in State or Federal court, except a claim or action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies. Sets forth provisions regarding: (1) preemption of State law; (2) effect on sovereign immunity and choice of law or venue; (3) jurisdiction; and (4) effective dates. Part 2: Medical Malpractice and Product Liability Reform - Prohibits a medical malpractice liability action from being brought in any State court during a calendar year unless the relevant claim has been initially resolved (i.e., a decision has been reached on whether the defendant is liable to the plaintiff for damages and on the amount of damages) under a certified alternative dispute resolution (ADR) system or an alternative Federal system. Prohibits a medical malpractice liability action from being brought in Federal court based on diversity of citizenship during a calendar year unless the relevant claim has been initially resolved under such a system in the State whose law applies. Directs the Attorney General to establish an ADR process for tort claims consisting of medical malpractice liability claims brought against the United States under chapter 171 of the Federal judicial code (U.S. Court of Federal Claims). Prohibits a medical malpractice liability action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. Sets forth procedures for filing actions. (Sec. 2012) Limits to $250,000 the amount of noneconomic damages that may be awarded to a claimant and family members in a medical malpractice liability action. Sets limits on punitive damages and on periodic payments for future losses. (Sec. 2013) Set forth provisions regarding: (1) limits on attorney fees and other costs; (2) joint and several liability (generally, liability may be found only for those damages directly attributable to the person's proportionate share of fault or responsibility for the injury); (3) a statute of limitations of seven years; and (4) a uniform standard for determining negligence (the defendant's conduct at the time of providing the health care services was not reasonable). (Sec. 2017) Specifies that in the case of a medical malpractice liability claim relating to services provided during labor or the delivery of a baby, if the health care professional did not previously treat the injured individual for the pregnancy, the trier of fact may not find that the defendant committed malpractice nor assess damages unless the malpractice is proven by clear and convincing evidence. Part 3: Requirements for State Alternative Dispute Resolution Systems - Lists requirements for State ADR systems, including that such a system: (1) applies to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) requires that a written opinion resolving the dispute be issued within six months after each party against whom the claim is filed has received notice of the claim; (3) is approved by the State or local governments; (4) provides for the transmittal to the State agency responsible for monitoring or disciplining health care professionals and providers of any findings of malpractice; and (5) provides for the regular transmittal of information on disputes resolved under the system to the Administrator for Health Care Policy and Research in a manner that protects the identity of the parties involved. (Sec. 2032) Directs the Secretary, by October 1 of each year, to certify State ADR systems that meet such requirements. Directs the Secretary to establish an alternative Federal ADR system for the resolution of medical malpractice liability claims in States that do not have in effect a certified ADR system. (Sec. 2033) Directs the Secretary, within five years, to submit to the Congress a report describing and evaluating State ADR systems and the alternative Federal system, including: (1) information on the effect of the ADR systems on health care costs, access to health care, and quality of care provided within the State; and (2) to the extent that such report does not provide information on no-fault systems operated by States as ADR systems, an analysis of the feasibility and desirability of establishing a system for resolving medical malpractice liability claims on a no-fault basis. Part 4: Other Provisions Relating to Medical Malpractice Liability - Authorizes a State agency responsible for disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies to permit their participation in the licensing of such practitioner and to review any health care malpractice action, claims, or allegation, or other information concerning the practice patterns of any such practitioner. Sets forth agreement requirements. (Sec. 2042) Directs the Secretary to study incentives adopted by State and local governments, insurers, medical societies, and other entities to encourage physicians to volunteer to provide health care services in medically underserved areas. (Sec. 2043) Directs each State to require: (1) each health care professional and health care provider to participate in a risk management program to prevent, and provide early warning of, practices which may result in injuries to patients or endanger patient safety; and (2) each provider of health care professional and provider liability insurance in the State to establish risk management programs or sanction programs of risk management for health care professionals and providers provided by other entities, and require each such professional or provider, as a condition of maintaining insurance, to participate in one such program at least once in each three-year period. (Sec. 2044) Directs the Secretary to make grants: (1) for basic research in the prevention of, and compensation for, injuries resulting from health care professional or provider malpractice and for research of the outcomes of health care procedures; (2) to the States to assist in improving their ability to license and discipline health care professionals; and (3) to States and local governments, private nonprofit organizations, and health professional schools for educating the general public about the appropriate use of health care, realistic expectations of medical intervention, and the resources and role of health care professional licensing and disciplinary boards in investigating claims of incompetence or health care malpractice, and for developing programs of faculty training and curricula for educating health care professionals in quality assurance, risk management, and medical injury prevention. Authorizes appropriations. Subtitle B: Administrative Cost Savings - Part 1: Standardization of Claims Processing - Directs the Secretary to adopt standards relating to: (1) data elements for use in paper and electronic claims processing under health benefit plans and in utilization review and management of care; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. (Sec. 2102) Authorizes the Secretary, two years after standards are adopted for classes of services upon determining that a significant number of claims for benefits for such services under health benefit plans are not being submitted in accordance with such standards, to require that all providers of such services submit claims to health benefit plans in accordance with such standards. (Sec. 2103) Directs the Secretary to: (1) provide for the ongoing receipt and review of comments and suggestions for changes in the standards adopted and promulgated; (2) establish a schedule for the periodic review of such standards; and (3) revise such standards. Part 2: Electronic Medical Data Standards - Directs the Secretary to promulgate standards for hospitals concerning electronic medical data, including standards for transmission of such data and confidentiality of patient-specific information. Authorizes the Secretary to periodically revise such standards. (Sec. 2112) Sets forth requirements with respect to: (1) the sharing of hospital information under Medicare; (2) waiver of such requirements; and (3) application of such requirements to hospitals of the Department of Veterans Affairs. (Sec. 2113) Authorizes the head of a Federal agency to require a provider to present and transmit a required data element electronically in accordance with applicable presentation or transmission standard. (Sec. 2114) Sets forth limitations on data requirements where standards with respect to data elements are in effect. (Sec. 2115) Directs the Secretary to establish an advisory commission on the standards established under this part and operational concerns about the implementation of such standards. Authorizes appropriations. Part 3: Development and Distribution of Comparative Value Information - Directs the Secretary to determine whether each State is developing and implementing a health care value information program that meets specified criteria and a specified schedule. Authorizes the Secretary to: (1) make grants to enable each State to plan development and initiate implementation of its health care value information program; and (2) recover the amount of such a grant by offset against any other amount payable to the State under the Social Security Act under specified circumstances. Authorizes appropriations. (Sec. 2122) Directs the Secretary to take actions necessary to implement a comparable program in a State that fails to develop or implement a health care value information program in accordance with such criteria and schedule. Authorizes the Secretary to charge fees for the information materials provided pursuant to such a program. (Sec. 2123) Directs the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to develop health care value information relating to each program that such head administers and covering the same types of data that a State program meeting such criteria would provide. (Sec. 2124) Directs the Secretary to: (1) develop model systems to facilitate the gathering of data on health care cost, quality, and outcome and the analysis of such data in a manner that will permit the valid comparison of such data among providers and among health plans; (2) support experimentation with different approaches to achieve such objectives in the most cost effective manner; and (3) evaluate the various methods to determine their relative success. Authorizes the Secretary to establish standards for the collective and reporting of data on health care cost, quality, and outcomes. Authorizes appropriations. Part 4: Additional Standards and Requirements; Research and Demonstrations - Directs the Secretary to: (1) adopt standards relating to the design and use of magnetized Medicare identification cards to assist health care providers in determining whether individuals are eligible for benefits for provided services under the Medicare program and in billing the Medicare program for covered services; (2) take steps to encourage and assist States in the design and use of magnetized Medicaid identification cards under their Medicaid plans; and (3) establish a Medicare and Medicaid information system to provide information on group health and other health benefit plans that are primary payors to the Medicare and Medicaid programs. Authorizes appropriations. (Sec. 2132) Specifies that, effective January 1, 1994, no effect shall be given to any provision of State law that requires medical or health insurance records (including billing information) to be maintained in written, rather than electronic, form. (Sec. 2133) Requires, effective January 1, 1995, each health benefit plan: (1) to use a beneficiary's social security number as the personal identifier for claims processing and related purposes (authorizes the Secretary to impose a civil money penalty on any plan that fails to do so); and (2) to use the unique identifier under title XVIII of the Social Security Act (Medicare) for a provider that furnishes health care items or services to a beneficiary under the plan as the identifier of that provider for claims processing and related purposes. (Sec. 2134) Directs the Secretary to: (1) determine, where benefits are payable under two or more health benefit plans, whether problems relating to the rules for determining the liability of plans or the availability of information among plans causes significant administrative costs; and (2) promulgate standards, if the implementation of standards would significantly reduce such administrative costs. Authorizes the Secretary to impose a civil money penalty on plans that fail to comply with such standards. (Sec. 2135) Directs the Secretary to provide grants to qualified entities for research on the application of comprehensive information systems in continuously monitoring and improving patient care. Authorizes the Secretary to make grants to: (1) two to five community organizations or coalitions of health care providers, health benefit plans, and purchasers to establish and document the efficacy of communication links between the information systems of health benefit plans and of health care providers; (2) two to five public or private nonprofit entities for the development of regional or community-based clinical information systems; and (3) public or private nonprofit entities to develop and test the definition of a comprehensive set of data elements and the specification and manner of presentation of the individual data elements of the set, for electronic medical data generated by physicians and other entities (other than hospitals) that provide health care services. Authorizes appropriations. Subtitle C: Deduction for Cost of Catastrophic Health Plan; Medical Savings Account - Amends the Internal Revenue Code to include under the medical expense deduction the portion of such expense attributable to coverage under a catastrophic health plan. (Sec. 2202) Allows individuals a tax deduction for percentage of contributions made to a medical care savings account established for the benefit of an eligible individual. Allows such deduction whether or not an individual itemizes deductions. Disallows distributions from such accounts as medical expense deductions. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to medical care savings accounts. Subtitle D: Anti-Fraud - Part 1: Criminal Prosecution of Health Care Fraud - Amends the Federal criminal code to: (1) set penalties for health care providers who knowingly engage in any scheme or artifice to defraud any person in connection with the provision of health care; and (2) make activity which, if engaged in by the U.S. Postal Service, would be a violation of mail fraud provisions punishable to the same extent with respect to private or commercial interstate carriers. (Sec. 2303) Authorizes appropriations to hire, equip, and train no fewer than: (1) 225 special agents of the Federal Bureau of Investigation and support staff to investigate health care fraud cases; (2) 50 assistant United States Attorneys and support staff to prosecute such cases; and (3) 25 investigators in the Office of Inspector General, DHHS, to be devoted exclusively to health care fraud cases. (Sec. 2304) Amends the Federal criminal code to authorize the Attorney General to make payments of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution of health care fraud, subject to specified requirements and exceptions. Part 2: Coordination of Health Care Anti-Fraud and Abuse Activities - Directs the Secretary to establish in the Office of the Inspector General of DHHS a program (all-payer fraud and abuse control program) to: (1) coordinate Federal, State, and local law enforcement programs to control fraud and abuse with respect to the delivery of, and payment for, health care in the United States; (2) conduct investigations, audits, evaluations, and inspections relating to such delivery and payment; and (3) facilitate the enforcement of provisions of the Social Security Act and other statutes applicable to health care fraud and abuse. Directs the Secretary to establish standards to carry out such program, including standards relating to the furnishing of information by health insurers, providers, and other to enable the Secretary to carry out the program and procedures to assure that such information is provided and utilized in a manner that protects the confidentiality of the information and the privacy of individuals receiving health care services. Sets forth provisions regarding: (1) qualified immunity for providing information; (2) ensuring access to documentation; and (3) failure to comply as grounds for exclusion from the Medicare and Medicaid programs. (Sec. 2312) Authorizes additional appropriations to enable the Secretary to conduct investigations of allegations of health care fraud and to carry out the all-payor fraud and abuse control program. (Sec. 2313) Establishes in the Treasury an Anti-Fraud and Abuse Trust Fund to be used to assist the Inspector General of DHHS in carrying out the all-payor fraud and abuse control program in the fiscal year involved. Sets forth provisions regarding: (1) the deposit into the Fund of Federal health anti-fraud and abuse penalties; and (2) the use of such penalties to repay beneficiaries for cost-sharing. (Sec. 2314) Amends SSA title XI to provide for the application of Federal health anti-fraud and abuse sanctions to all fraud and abuse against private health benefit plans. Subtitle E: Medicare Payment Changes; Part B Premium Tax for High-Income Individuals: Part 1 - Medicare Payment Changes - Amends SSA title XVIII to: (1) eliminate the membership limitation for Medicare health maintenance organizations; and (2) revise the Medicare select policy program and provide for a civil money penalty for misrepresentations made in connection with a Medicare select policy. (Sec. 2402) Amends the Omnibus Budget Reconciliation Act of 1990 to: (1) make permanent the Medicare select policy program; and (2) allow access to Medicare select policies in all States. (Sec. 2403) Directs the Secretary of Health and Human Services to take such steps as may be necessary to consolidate the administration of Medicare parts A and B. Part 2: Part B Premium Tax for High-Income Individuals - (Sec. 2411) Amends the Internal Revenue Code to impose a tax on the Medicare part B premiums of high income individuals. Subtitle F: Removing Anti-Trust Impediments - Directs the Attorney General to promulgate guidelines under which a health care joint venture may submit an application requesting that the Attorney General provide the entities participating in the venture with an exemption under which: (1) monetary recovery on an antitrust claim brought against the entity shall be limited to actual damages if specified conditions are met; and (2) the conduct of the entity in making or performing a contract to carry out the venture shall not be deemed illegal per se. Requires the Attorney General to approve or disapprove the application within a specified time frame and to provide a statement explaining the reasons for any disapproval. Directs the Attorney General to approve the application if an entity participating in the venture submits to the Attorney General an application that contains the identities of the parties to the venture; the nature, objectives, and planned activities of the venture; and specified assurances and information. Sets forth provisions regarding: (1) revocation and renewal of exemptions and withdrawal of an application; (2) requirements relating to notice and publication of exemptions; and (3) issuance of health care certificates of public advantage to each eligible health care joint venture that complies with specified requirements. Establishes the Interagency Advisory Committee on Competition, Antitrust Policy, and Health Care to: (1) discuss and evaluate competition and antitrust policy and their implications regarding the performance of health care markets; (2) analyze the effectiveness of health care joint ventures receiving exemptions in reducing costs and expanding access; and (3) make recommendations to the Congress. Subtitle G: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Part 1: Application of the Clayton Act to Medical Self-Regulatory Entities - Provides that no damages, cost of suit, or attorney fee may be recovered under section 4, 4A, or 4C of the Clayton Act, or under any similar State law, except by a State or the United States, from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities that are: (1) designed to promote the quality of health care provided to patients; and (2) not conducted for purposes of financial gain. Directs the court to award the cost of such a suit, including a reasonable attorney fee, to a substantially prevailing defendant. Part 2: Consultation by Federal Agencies - Requires any Federal agency engaged in the establishment of medical profession standards to consult with appropriate medical societies or associations, specialty boards, or recognized accrediting agencies, if available, in carrying out medical professional standard setting and guidelines or standards relating to the practice of medicine. Subtitle H: Prefunding Government Health Benefit for Certain Annuitants - Requires that certain agencies prefund Government health benefits contributions for their annuitants. Subtitle I: Miscellaneous Provisions - Amends Civil Service and Federal Employees' Retirement Systems law to increase the minimum age required to be eligible for an immediate retirement annuity. Provides for the conformance of other Federal retirement systems with the minimum age increase made above. Title III: Long-Term Care - Subtitle A: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to provide for the treatment of qualified long-term care insurance as accident and health insurance for purposes of insurance company taxation. (Sec. 3002) Excludes from gross income benefits provided under a long-term care insurance contract. Includes in gross income employer-provided coverage for long-term care services. (Sec. 3003) Includes amounts paid for qualified long-term care services as medical expenses for individual itemized deductions. Includes any parent or grandparent as a dependent for purposes of such expenses. (Sec. 3004) Provides for the nonrecognition of gain or loss on the exchange of any life insurance contract or an endowment or annuity contract for a long-term care insurance contract. (Sec. 3005) Excludes from gross income certain amounts withdrawn from individual retirement accounts and certain employer cash or deferred arrangement to pay long-term care premiums. (Sec. 3006) Allows insurance companies to issue accelerated death benefit riders on life insurance contracts. Subtitle B: Protection of Assets Under Medicaid Through Use of Qualified Long-Term Care Insurance - Amends SSA title XIX to require State Medicaid plans to disregard some or all of the individual's assets attributable to coverage under a qualified long-term care insurance contract in determining the individual's eligibility for long-term care services. Subtitle C: Studies - Requires the Comptroller General to study the feasibility of: (1) encouraging health care providers to donate their services to homebound patients; and (2) providing heads of households who care for elderly family members in their home with an income tax credit. (Sec. 3203) Requires the Secretary of Health and Human Services to study and report to the Congress on the feasibility of encouraging or requiring the use of a single designate public or nonprofit agency to coordinate, through case management, the provision of long-term care benefits under current Federal, State, and local programs in a geographic area. Subtitle D: Volunteer Service Credit Demonstration Projects - (Sec. 3301) Amends the Older Americans Act of 1965 to require the Commissioner of the Administration on Aging to establish and operate a volunteer service credit demonstration project in each State.
United States · United States Congress · 15 September 1993
General Aviation Revitalization Act of 1993 - Amends the Federal Aviation Act of 1958 to set forth a 15-year statute of limitations within which a person may bring a civil action against an aircraft manufacturer for damages for death or injury or damage to property arising from an aircraft accident.
United States · United States Congress · 15 September 1993
Government Employee Limitation Act - Sets limits on the average total number of civilian employees in the executive branch in decreasing numbers from FY 1994 through 1998. Expresses the sense of the House of Representatives that appropriate measures should be taken to provide for a reduction in the number of permanent positions authorized for each Member under the Clerk Hire Allowance.
United States · United States Congress · 8 September 1993
Health Care Tax Equity Act of 1993 - Amends the Internal Revenue Code to allow individuals an additional deduction of up to $1800 ($2400 for joint returns) for medical care not compensated for by insurance or otherwise. Reduces such deduction by the value of employer-provided medical coverage or government-paid medical expenses. Excludes such deduction when computing adjusted gross income.
United States · United States Congress · 8 September 1993
Constitutional Amendment - Declares that no person, under any law enacted by the Congress or any rule issued by a Federal entity, shall be liable for conduct occurring, or with respect to income accruing, before the date of enactment of the law or issuance of the rule.
United States · United States Congress · 8 September 1993
Amends rule XXI of the Rules of the House of Representatives to prohibit a bill or joint resolution carrying any provision providing for a retroactive tax increase from being reported in the House. Provides that no amendment in the House or proposed by the Senate carrying a retroactive tax measure shall be in order during the consideration of a bill or joint resolution. Allows a question of order to be raised at any time under this clause.
United States · United States Congress · 8 September 1993
Expresses the sense of the Congress that the Soviet-engineered Ukraine famine of 1932-1933 is a graphic illustration of the unacceptable alternative to democracy and a free market economy and that the United States should help Ukraine and other newly independent States of the former Soviet Union transform their societies.
United States · United States Congress · 6 August 1993
Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to include coverage of Federal, State, and local public employees. Exempts public agencies which primarily rely upon volunteers to operate or provide services to the public. (Sec. 2) Directs the Secretary of Labor to study and report on the potential costs of extending OSHA to public agencies, with a separate estimate for extending OSHA to public agencies which primarily rely upon volunteers. Sets forth separate requirements for OSHA coverage of the House of Representatives and instrumentalities of the Congress. (Sec. 3) Requires the following criteria in development of OSHA standards: (1) significant risk; (2) feasibility; (3) reasonable cost-benefit relationship; (4) cost-effective and minimal job loss; and (5) where practicable, expressed in objective criteria and desired performance. Revises standard priorities based on toxicity and numbers exposed. Revises rulemaking procedures. Requires a regulatory flexibility analysis for each standard promulgated. (Sec. 4) Requires an annual report on the number and nature of complaints to which the Secretary does not respond under OSHA because Federal or State agency has jurisdiction, with recommendations on achieving coordination. Provides that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. Provides a nondisclosure privilege for voluntary safety and health audits and reviews. (Sec. 5) Prohibits citation for violation of a standard for which the employer has a variance pending for at least 90 days. (Sec. 6) Revises inspection provisions. Requires inspections to be conducted by at least one individual trained in and knowledgeable of the industry or the types of hazards. Provides for fire hazard inspection training and referral. Prohibits routine inspections of employers of ten or fewer employees if such employers are: (1) farming operations which do not maintain a temporary labor camp; or (2) in a category of employers having an occupational injury or a lost day rate which is less than the national average. Grants the Secretary discretion in determining which employer complaints must receive formal inspection responses. (Sec. 7) Directs the Secretary to establish a voluntary compliance program granting partial exemption from OSHA general inspections for employers who either retain certain consultation or certification programs or have an exemplary safety record and a safety and health program meeting specified criteria. (Sec. 8) Adds employer defenses of employee misconduct or alternative safer methods. (Sec. 9) Extends the period for employer contests of citations by the Occupational Safety and Health Review Commission. Requires deference to be given the Commission's reasonable conclusions with respect to questions of law. (Sec. 10) Revises procedures for discrimination protection for whistle-blowers under OSHA, including extending the time for filing complaints, and providing for reviews, appeals, and mediation. (Sec. 11) Revises enforcement, including special conditions and practices, a mandatory special emphasis program, investigations of deaths and serious incidents, and enforcement against State and local governments. (Sec. 12) Revises penalties in general, and with respect to special assessments, citations, knowing violations, and victim's rights. (Sec. 13) Requires States to make their applicable labeling, content, and hazard information requirements identical to OSHA standards. Authorizes waivers to State safety and health programs. (Sec. 14) Repeals authority for the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it. Transfers to the Secretary of Labor functions and authorities of NIOSH and of the Secretary of Health and Human Services under OSHA. (Sec. 15) Authorizes employers to establish alcohol and substance abuse testing programs where there is a reasonable probability that any employee's safety or health could be endangered because of use of alcohol or a controlled substance in the workplace. Directs the Secretary to establish standards for such programs. (Sec. 16) Establishes small business assistance and training programs, including: (1) model injury prevention programs completion of which qualifies employers for certain exemptions and reductions in penalties; (2) technical assistance and consultative services for employers and employees, targeted at small businesses and the most hazardous industries; and (3) certain consultative services to employers provided under cooperative agreements between the States and the Occupational Safety and Health Administration. (Sec. 17) Directs the Secretary to periodically make an award to companies and other organizations which have exemplary safety and health programs. (Sec. 18) Directs the Secretary to conduct a continuing economic impact analysis of each OSHA standard, and report biennially to the Congress.
United States · United States Congress · 6 August 1993
Federal Regulation Reduction, Reform, and Budget Act of 1993 - Amends the Congressional Budget Act of 1974 to require the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to jointly report to the President and the Congress on direct costs to the private sector of complying with Federal regulations. Requires such reports to be issued in five-year intervals. Provides for initial and subsequent annual reports to the President and the Congress on an aggregate regulatory baseline which is a projection of the aggregate direct cost to the private sector of complying with Federal regulations for budget years and outyears. Requires a concurrent resolution on the budget to include reconciliation directives specifying changes in laws and regulations necessary to reduce such direct costs and to reduce regulatory authority from the aggregate regulatory base. Provides for the allocation of aggregate two-year regulatory authority among congressional committees. Requires the CBO to submit to the appropriate committees (except the Committees on Appropriations) an analysis of private sector regulatory costs for each public bill or resolution. Requires the President's annual budget submissions to comply with reconciliation directives. Amends the Regulatory Flexibility Act to require Federal agencies to prepare an analysis of the costs that will be incurred by small entities, other businesses, and individuals in complying with proposed agency rules. Requires the submission to the Congress and CBO and OMB of a cost estimate and cost benefit analysis of any new proposed regulations that would have an aggregate direct cost to the private sector of at least $10 million for any fiscal year.
United States · United States Congress · 6 August 1993
TABLE OF CONTENTS: Title I: Authorization of Appropriations Title II: Reducing the Burden of Federal Paperwork on the Public Title III: Enhancing Federal Agency Responsibility and Accountability for Reducing the Burden of Federal Paperwork Title IV: Enhancing Government Responsibility and Accountability for Reducing the Burden of Federal Paperwork Title V: Enhancing Agency Responsibility for Sharing and Disseminating Public Information Title VI: Additional Government Information Management Responsibility Title VII: Effective Dates Paperwork Reduction Act of 1993 - Title I: Authorization of Appropriations - Amends the Paperwork Reduction Act of 1980 to authorize appropriations to the Office of Information and Regulatory Affairs. Title II: Reducing the Burden of Federal Paperwork on the Public - Applies the Act to all federally sponsored paperwork. Requires a Government-wide paperwork reduction goal of at least five percent and individual agency goals that aggregate to the Government-wide goal. Title III: Enhancing Federal Agency Responsibility and Accountability for Reducing the Burden of Federal Paperwork - Makes the senior official charged with carrying out the responsibilities of a Federal agency under the Act the head of a separate office with qualified staff responsible for assuring agency compliance with requirements under the Act. Requires each agency to: (1) prepare estimates of the burden that will result from proposed collections of information; (2) develop a strategic Information Resources Management Plan; and (3) establish oversight procedures for agency information systems. Requires each agency head to establish a certification process for the review of each information collection request before it is submitted to the Director of the Office of Management and Budget (OMB) for approval. Title IV: Enhancing Government Responsibility and Accountability for Reducing the Burden of Federal Paperwork - Makes the OMB Director responsible for ensuring that all information collection requests display an estimate of the paperwork burden for each response. Requires OMB procedures in order for agencies to estimate such burden. Requires OMB pilot projects to test approaches to improve information management practices and related activities. Reduces the time afforded the OMB Director for approving a routine agency request to collect information. Provides for greater participation by the public and Federal agencies in the review of proposed paperwork burdens generated by agency information requests. Requires the OMB Director to make publicly available any decision to disapprove a collection of information requirement contained in an agency rule, together with the reasons for such decision. Provides protection for whistleblowers of unauthorized Federal paperwork burdens. Provides for expedited OMB review of an agency information request with a reduced paperwork burden. Title V: Enhancing Agency Responsibility for Sharing and Disseminating Public Information - Provides for Government-wide standards for sharing and disseminating public information. Imposes certain responsibilities on Federal agencies for sharing and disseminating public information. Abolishes the Federal Information Locator System established in the Office of Information and Regulatory Affairs and replaces it with a system in each agency for providing public access via electronic and other means to a comprehensive inventory of agency information dissemination products. Title VI: Additional Government Information Management Responsibility - Revises the statistical policy and coordination functions of the OMB Director. Requires the OMB Director to: (1) establish an interagency working group on statistical policy to coordinate agency statistical activities; and (2) provide training in the statistical policy functions of the chief statistician to Federal employees. Provides for the use of electronic information collection and dissemination techniques to reduce the Federal paperwork burden. Requires the OMB Director's annual report to the Congress to list any increased Federal paperwork burdens and describe each agency's plans to implement the applicable policies, standards, and guidelines under the Act. Requires the OMB Director to develop a plan for meeting the automatic data processing needs of the Federal Government in accordance with the Act and certain requirements of the Federal Property and Administrative Services Act of 1949. Title VII: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 6 August 1993
TABLE OF CONTENTS: Title I: Community Development Banks Title II: Conforming Amendments Community Development Bank Act - Title I: Community Development Banks - Authorizes the Comptroller of the Currency to charter certain national banking associations (community development banks) that will: (1) engage primarily in community development activities; (2) be capitalized by insured depository institutions as its shareholders; and (3) provide credit, capital, and related services to revitalize distressed urban and rural communities. Restricts such a bank's loans and investments to provide a reasonable economic return to the bank and its shareholders consistent with its primary community development purpose. Mandates: (1) such bank's coordination with certain Federal agencies regarding its community development activities; and (2) an annual onsite examination to evaluate its compliance with this Act and its record of meeting community credit needs. Title II: Conforming Amendments - Amends the Federal Credit Union Act to: (1) authorize the National Credit Union Administration Board (the Board) to provide technical assistance to community development credit unions by using the interest earned from authorized investments in Treasury securities; and (2) direct the Board to study and report to certain congressional committees on regulatory and legislative changes that may be necessary to ensure the viability and productivity of community development activities by credit unions.
United States · United States Congress · 6 August 1993
Rent Reform and Empowerment Act - Amends the United States Housing Act of 1937 to exclude from adjusted income (used to determine rent for assisted housing) the amounts of Federal, State, and local income taxes and social security taxes paid by members of the assisted family. Authorizes public housing agencies to exclude from consideration as income, for purposes of determining limitations on rent, increases in a family's earned income that result from the employment of a previously unemployed family member. Limits such exclusion to the five-year period beginning on the employment of the family member. Grants public housing agencies the option to establish rent ceilings for all families and to freeze rental payments for families that are engaged in activities that promote economic independence and self-sufficiency. Authorizes the Secretary of Housing and Urban Development, at the request of a public housing agency or resident management corporation and under certain conditions, to provide for demonstration programs to determine the feasibility of authorizing such agencies or corporations to establish policies for the operation, maintenance, management, and development of public housing projects without regard to requirements under the United States Housing Act of 1937. Makes certain provisions of the United States Housing Act of 1937 (concerning rental amounts, determination of income and adjustment income, and income eligibility) inapplicable during the period of a demonstration program. Requires rents to be established at the discretion of the agency or corporation and at least 30 percent of the units involved in the program to be available for very low-income families. Authorizes agencies to provide Section 8 assistance to families in units involved in demonstration programs subject to certain conditions. Permits up to 50 agencies and corporations to carry out such programs. Limits programs to five-year periods. Makes this Act applicable to Indian housing.
United States · United States Congress · 6 August 1993
TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement Mechanics Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay As You Go" Requirement for New Spending Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Timetable Title VII: Conforming Amendments Title VIII: Definitions and Rules of Interpretation Title IX: Effective Date Budget Process Reform Act - Title I: Statement of Congressional Purpose - Declares that the purpose of this Act is to facilitate rational, informed, and timely decisions by the Congress. Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 to prohibit baseline budgeting. Requires the President to submit to the Congress on or before the 15th day after a joint resolution on the budget is enacted a detailed budget for the fiscal period beginning on October 1 of the current calendar year. Title III: Enforcement Mechanics - Subtitle A: Supermajority Required to Break Budget Law - Requires a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Requires the Congressional Budget Office to provide to the Congress an estimate of the costs in each major functional category of certain spending bills as soon as practicable after its introduction. Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to limit the President's rescission authority to spending that is above the limits of the budget law. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." Requires fixed-dollar appropriations for every account except social security and interest on the debt. Prohibits open-ended appropriations. Requires Executive agencies to adjust benefit levels to ensure that appropriations for entitlement programs are not exceeded. Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Prohibits the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House and the Senate to waive such prohibition. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. Restricts legislation providing funding to the Committees on Appropriations. Title V: Protection of Social Security - Provides that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Timetable - Revises the timetable for the congressional budget process. Title VII: Conforming Amendments - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VIII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Title IX: Effective Date - Declares the effective date of this Act to be January 1, 1995, applicable to fiscal years beginning after September 30, 1995.
United States · United States Congress · 5 August 1993
Amends the Congressional Budget Act of 1974 to require a three-fifths vote in the House of Representatives to waive the applicability of provisions of that Act to the House.
United States · United States Congress · 5 August 1993
Amends rule XI of the Rules of the House of Representatives to require the affirmative percentage of those voting that is required to adopt any rule or order reported by the Committee on Rules providing for the consideration of any legislation that waives any rule of the House to be the same as the affirmative percentage of those voting that is required by the rules of the House to waive that rule.
United States · United States Congress · 5 August 1993
Amends rule X of the Rules of the House of Representatives to require the membership of the Committee on Rules (and of each of its subcommittees) to reflect the ratio of the majority to minority party Members of the House at the beginning of the Congress.
United States · United States Congress · 5 August 1993
Amends rule XI of the Rules of the House of Representatives to require a three-fifths vote to adopt any rule or order reported by the Committee on Rules providing for the consideration of legislation that limits the rights of Members to offer germane amendments if the legislation would otherwise be subject to amendment under House rules.
United States · United States Congress · 4 August 1993
Natural Disaster Protection Act of 1993 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act) to require the Director of the Federal Emergency Management Agency to develop programs to carry out specified multihazard mitigation and emergency management initiatives, including the development of model building codes and other hazard mitigation measures for catastrophic natural disasters, training and research in such areas, hazard mitigation technology, and local emergency response operations. Allows local communities five years after the date of enactment of this Act to comply with multihazard building and safety codes outlined under this Act, after which public assistance funds will be withheld for noncompliance. Requires the Director to identify States which are prone to damages from hurricanes, windstorms, earthquakes, volcanic eruptions, and flooding (natural disasters), and to designate each State appropriately as hurricane-, windstorm-, earthquake-, volcanic eruption-, or flood-prone. Requires each State so designated to either: (1) adopt the relevant natural disaster hazard mitigation portions of the newest building codes for such State for all new or substantially modified building construction in such State; or (2) certify that the local communities have adopted building codes which meet or exceed such requirements. Requires each State designated as disaster-prone to either: (1) develop a hazard mitigation plan with accompanying schedules for improving the State's ability to reduce the hazards of future natural disasters; or (2) designate an existing plan which meets such requirements. Requires a completed plan to be submitted to the Director within two years after designation. Outlines State compliance procedures, and imposes penalties for hazard mitigation plan noncompliance. Establishes the Self-Sustaining Mitigation Fund for Federal and State support of hazard mitigation and emergency management activities, with amounts provided by the Director to each disaster-prone State for appropriate purposes. Establishes the Natural Disaster Mitigation and Planning Advisory Committee as an independent advisory committee to advise the Director on hazard mitigation and disaster planning, and to review hazard mitigation regulations issued by the Director. Requires the Director to establish and carry out a national multihazard insurance program (the Primary Insurance Program) to provide insurance against real or personal property loss in any State resulting from an earthquake or volcanic eruption. Requires the Director to evaluate the feasibility of including flood as a covered peril under the Primary Insurance Program. Outlines specified procedures for increased participation in the Federal flood insurance program under the National Flood Insurance Act, with a required report. Outlines further provisions with respect to the Primary Insurance Program, including program scope (initially limited to residential housing), terms and limitations, covered hazards, and insurance actuarial rates. Establishes in the Treasury the Primary Insurance Program Fund to carry out such Program. Provides for Fund uses, investments, and disbursements, authorizing the Director, when necessary, to borrow from the Treasury for Fund purposes. Requires the Director, in carrying out the Program, to provide certain insurance mitigation incentives, including the charging of lower premiums for residential property located in disaster-prone States. Requires the Director to make available to eligible entities excess reinsurance coverage for any direct and indirect losses that arise from a hurricane, earthquake, volcanic eruption, or tsunami (tidal wave). Outlines provisions concerning eligible entities and reinsurance coverage terms, limitations, and obligations, including the covered lines of insurance. Requires the establishment of actuarially sound rates for such coverage. Establishes in the Treasury the Reinsurance Fund for implementation of such reinsurance coverage. Requires the Director to develop a plan of operation to ensure the fair, reasonable, and equitable administration of the Primary Insurance Program Fund, the Reinsurance Fund, and other activities outlined in this Act. Establishes the Federal Insurance and Reinsurance Advisory Committee as an independent committee and requires the plan to be submitted to such Committee for review and recommendations. Requires a Committee report.
United States · United States Congress · 4 August 1993
TABLE OF CONTENTS: Title I: Protection of Neighborhoods, Families, and Children Subtitle A: Safe Schools Subtitle B: Secure Neighborhoods Subtitle C: Crimes Against Children Subtitle D: Punishment of Serious Juvenile Offenders Title II: Equal Protection for Victims Subtitle A: Victims' Rights Subtitle B: Admissibility of Evidence Subtitle C: Protecting the Integrity of the Judicial Process Title III: Protection of Women Subtitle A: Spouse Abuse and Stalking Subtitle B: Victims of Sexual Violence Subtitle C: Punishment of Sex Offenders Title IV: Prevention of Terrorism Subtitle A: Enhanced Controls on Entry into the United States Subtitle B: Deportation of Alien Terrorists Subtitle C: Penalties for Engaging in Terrorism Title V: Criminal Aliens and Alien Smuggling Subtitle A: Deportation of Criminal Aliens Subtitle B: Prevention and Punishment of Alien Smuggling Title VI: Taking Criminals Off the Street Subtitle A: Expanding Prison Capacity Subtitle B: Miscellaneous Title VII: Punishment and Deterrence Subtitle A: Capital Offenses Subtitle B: Violent Felonies and Drug Offenses Subtitle C: Enhanced Penalties for Criminal Use of Firearms and Explosives Subtitle D: Miscellaneous Title VIII: Elimination of Delays in Carrying Out Sentences Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases Title IX: Public Corruption Title X: Funding Crime Control Act of 1993 - Title I: Protection of Neighborhoods, Families, and Children - Subtitle A: Safe Schools - Amends the Controlled Substances Act (CSA) to increase penalties for drug trafficking in or near schools. (Sec. 102) Authorizes: (1) a school district to elect to qualify as a Federal safe school district by decision of a local educational agency or by referendum of the voters in a school district served by such an agency; and (2) the Attorney General to make grants to local educational agencies or local law enforcement agencies of Federal safe school districts to pay for enhanced school security measures. (Sec. 103) Increases penalties for violation of the Gun-Free School Zones Act. Subtitle B: Secure Neighborhoods - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Director of the Bureau of Justice Assistance (BJA) to make grants to local governments and to community groups for increasing the police presence in communities. Requires the Director to develop a written model that informs community members regarding how to identify the existence of a drug or gang house and what civil remedies and mediation techniques are available. Authorizes appropriations. (Sec. 114) Amends the Federal criminal code to prohibit: (1) committing specified "predicate gang crimes" (including murder, assault, kidnapping, arson, and retaliating against a witness, victim, or informant) with intent to promote or further the activities of a criminal street gang or for the purpose of gaining entrance to, or maintaining or increasing position in, a gang; (2) participating in, or inducing any individual to participate in, a gang; (3) employing or inducing any individual to commit a predicate gang crime with such intent; or (4) using any communication facility in causing or facilitating the commission of such a crime with such intent. Sets penalties for violations. Authorizes the Attorney General and the Secretary of the Treasury to investigate such offenses. Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase the base offense level for any felony committed for the purpose of gaining entrance into, or maintaining or increasing position in, a gang. (Sec. 115) Amends: (1) the Federal criminal code to set penalties for drive-by shootings; (2) the Omnibus Act to include among drug control and system improvement grant funding objectives law enforcement and prevention programs relating to gangs or to youth who are involved or at risk of being involved in gangs; and (3) the CSA to increase penalties for drug trafficking in or near public housing. Subtitle C: Crimes Against Children - Provides for imposition of the death penalty for murder during the sexual exploitation of children. (Sec. 132) Increases penalties for sex offenses against victims below age 16. (Sec. 133) Sets penalties for international trafficking in child pornography. (Sec. 134) Directs the Attorney General to establish guidelines for State legislation prohibiting the production, distribution, receipt, or possession of materials depicting a person under age 18 engaging in sexually explicit conduct and providing for a maximum imprisonment of at least one year and for the forfeiture of assets used in, or gained from, such offenses. Requires each State to enact and maintain legislation complying with such guidelines in order to receive assistance under provisions of the Victims of Crime Act and the Child Abuse Prevention and Treatment Act. (Sec. 135) Provides for national registration of convicted child abusers. Requires the Attorney General to establish guidelines for State registration programs. Authorizes a State to permit qualified entities to obtain from an authorized State agency a nationwide background check on a provider. (Sec. 136) Increases penalties for: (1) assaults against children; (2) using minors in drug trafficking; (3) drug distribution to minors; and (4) using a minor in the commission of a Federal offense. (Sec. 137) Amends the CSA to set penalties for physical trainers or advisers who attempt to persuade or induce a person to possess or use anabolic steroids. (Sec. 139) Provides for interstate enforcement of child support orders. (Sec. 140) Makes certain crimes involving the use of persons below age 18 predicates to an offense under the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 143) Makes it a Federal offense to remove a child from, or to retain a child outside, the United States to obstruct the lawful exercise of parental rights. Authorizes appropriations to carry out State court programs regarding international parental child abduction. Subtitle D: Punishment of Serious Juvenile Offenders - Makes serious juvenile drug offenses Armed Career Criminal Act predicates. (Sec. 152) Provides for adult prosecution of serious juvenile offenders. (Sec. 153) Requires that juveniles found guilty of certain offenses be fingerprinted and photographed, with such fingerprints and photographs sent to the Federal Bureau of Investigation (FBI), Identification Division. Directs the court to transmit to such division information concerning the adjudication. Title II: Equal Protection for Victims - Subtitle A: Victims' Rights - Enacts Rules of Professional Conduct for Lawyers in Federal Practice, including provisions regarding: (1) a prohibition on attorneys engaging in actions deemed abusive to clients or others; (2) a duty of enquiry (to elicit from the client a truthful account of the material facts concerning the matters in issue); (3) a duty to expedite litigation; and (4) a duty to disclose information necessary to prevent the commission of a crime. (Sec. 202) Revises Federal Rule of Criminal Procedure: (1) 24(b) to entitle each side to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) 32 to provide for a victim's right of allocution in sentencing for a crime of violence or sexual abuse. (Sec. 204) Provides for the enforcement of restitution orders through the suspension of Federal benefits. (Sec. 205) Sets penalties for retaliatory killings of witnesses, victims, and informants. Subtitle B: Admissibility of Evidence - Amends the Federal Rules of Evidence (FRE) to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. (Sec. 212) Revises FRE 412 (sex offense cases; relevance of victim's past behavior) to: (1) expand the scope of the rape shield law and to require that an order admitting evidence of a victim's past sexual behavior explain the reasoning leading to a finding of relevance and the basis of a finding that the probative value of the evidence outweighs the danger of unfair prejudice; and (2) make inadmissible evidence to show invitation or provocation by a victim in sexual abuse cases. (Sec. 214) Specifies that evidence obtained as a result of a search or seizure shall not be excluded on the ground that the search or seizure was in violation of the fourth amendment to the Constitution if carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Subtitle C: Protecting the Integrity of the Judicial Process - Provides that in a criminal trial in any Federal or State court: (1) on motion of the defense attorney or prosecutor, the risk of racial prejudice or bias shall be examined on voir dire if there is a substantial likelihood that such prejudice will affect the jury; (2) on motion of the defense attorney or prosecutor, a change of venue shall be granted if an impartial jury cannot be obtained in the original venue because of such prejudice; and (3) neither the prosecutor nor the defense attorney shall make any appeal to such prejudice in statements before the jury. (Sec. 222) Amends the Federal criminal code to provide that a list of veniremen and witnesses need not be furnished in capital cases if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person. (Sec. 223) Increases penalties for attempting to influence or injure court officers or jurors. (Sec. 224) Provides for the imposition of the death penalty for the murder of a Federal witness. Title III: Protection of Women - Subtitle A: Spouse Abuse and Stalking - Amends the Federal criminal code to: (1) set penalties for interstate travel to commit spouse abuse or to violate a protective order; and (2) provide for full faith and credit of protective orders among the States. Subtitle B: Victims of Sexual Violence - Establishes a civil remedy for victims of sexual violence. (Sec. 312) Authorizes the restitution of victims of sex offenses. (Sec. 313) Provides for pretrial detention in sex offense cases. Subtitle C: Punishment of Sex Offenders - Provides for imposition of the death penalty for persons engaging in sexual abuse resulting in death. (Sec. 322) Increases penalties for recidivist sex offenses. (Sec. 323) Directs the Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses. (Sec. 324) Provides for testing for human immunodeficiency virus for persons charged in sex offense cases and the disclosure of the test results to the victim. Directs the Sentencing Commission to amend existing guidelines for sentences for sex offenses where the offender knew or had reason to know that he was infected with such virus, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Title IV: Prevention of Terrorism - Subtitle A: Enhanced Controls on Entry into the United States - Amends the Immigration and Nationality Act (INA) to require exclusion from admission to the United States of anyone who is a member of an organization that engages in terrorist activity or who actively supports or advocates terrorist activity. (Sec. 402) Provides for the exclusion of an alien for presenting fraudulent documents, or for failing to present documents used to board a common carrier, to an immigration officer upon arrival at a port of entry into the United States. Specifies that any alien who is excludable under such provisions may not apply for or be granted asylum, with exceptions. (Sec. 404) Limits court jurisdiction with respect to habeas corpus review, other judicial review and action, and collateral enforcement proceedings. Subtitle B: Deportation of Alien Terrorists - Establishes procedures to apply whenever the Attorney General certifies under seal to a special court (established pursuant to this subtitle) that: (1) the Attorney General or Deputy Attorney General has approved of the deportation proceeding; (2) an alien terrorist is physically present in the United States; and (3) removal of such terrorist by deportation proceedings would pose a risk to national security because such proceedings would disclose classified information. Directs the Chief Justice of the United States to publicly designate up to seven judges to hear and decide such cases. Sets forth procedures for a special removal hearing, including provisions for appointment of counsel and appeals. Subtitle C: Penalties for Engaging in Terrorism - Amends the Federal criminal code to: (1) prohibit providing material support to terrorists; and (2) extend the statute of limitations for certain terrorism offenses. (Sec. 422) Directs the Sentencing Commission to provide for an increase in the base offense level for any felony involving or intended to promote international terrorism, unless such involvement or intent is itself an element of the crime. (Sec. 424) Increases penalties under the International Emergency Economic Powers Act for violation of orders with respect to the declaration of a national emergency and the Federal criminal code for passport and visa-related violations. (Sec. 425) Sets penalties for: (1) specified acts of violence at international airports; (2) violence against maritime navigation; (3) violence against maritime fixed platforms; and (4) the use of weapons of mass destruction. (Sec. 429) Directs the President to establish a National Task Force on Counterterrorism. (Sec. 430) Provides for imposition of the death penalty for causing death through the use of a bomb or other destructive device. Title V: Criminal Aliens and Alien Smuggling - Subtitle A: Deportation of Criminal Aliens - Amends the INA to permit an alien sentenced to imprisonment to be deported prior to the termination of such imprisonment if the Immigration and Naturalization Service (INS) petitions the appropriate court or other authority to release the alien into INS custody for execution of a deportation order. Prohibits the deportation until all direct appeals of the conviction have been exhausted. (Sec. 502) Authorizes the registration of aliens on criminal probation or criminal parole within the United States. (Sec. 503) Expands the definition of "aggravated felony" to include illicit trafficking in explosive materials and a crime of violence for which the term of imprisonment imposed is at least five years. (Sec. 504) Amends the INA to authorize the Attorney General to issue a final order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence, or who had permanent resident status on a conditional basis, and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable. (Sec. 505) Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien convicted of an aggravated felony, if such order has been requested prior to sentencing by the U.S. Attorney. (Sec. 506) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 507) Enhances penalties for failing to depart or reentering after a final order of deportation. Limits collateral attacks on deportation orders. (Sec. 509) Authorizes appropriations for a criminal alien information system. Subtitle B: Prevention and Punishment of Alien Smuggling - Authorizes appropriations for Border Patrol agents and investigators. (Sec. 513) Includes alien smuggling as a predicate to an offense under RICO. (Sec. 514) Increases penalties for: (1) employers who knowingly employ smuggled aliens; and (2) bringing in and harboring certain aliens. (Sec. 516) Expands forfeiture for smuggling or harboring illegal aliens. Title VI: Taking Criminals Off the Street - Subtitle A: Expanding Prison Capacity - Amends the Internal Revenue Code to include within the definition of "exempt facility bond" certain bonds issued to provide for correctional facilities. (Sec. 602) Directs the Attorney General to: (1) establish a Regional Prison Task Force; and (2) create a plan for the establishment of a nationwide regional prison system. Sets forth provisions regarding State and prisoner eligibility requirements. Establishes in the Treasury a Regional Prison Fund. Authorizes appropriations. (Sec. 603) Amends the Davis-Bacon Act to make provisions concerning the rate of wages for laborers and mechanics inapplicable to prison construction. Subtitle B: Miscellaneous - Amends the Federal judicial code to deny the district court, in any action challenging the constitutionality of conditions of confinement in any correctional institution housing persons accused or convicted of a crime or juveniles adjudicated delinquent, jurisdiction to: (1) impose a ceiling on the population of any correctional institution or to require any adjustment of the release dates of inmates; or (2) prohibit the use of tents or prefabricated structures for housing inmates. Prohibits any consent decree in any such action from providing relief greater than the minimum required to bring the conditions of confinement into substantial compliance with the Constitution. Provides for modification of orders or decrees. Title VII: Punishment and Deterrence - Subtitle A: Capital Offenses - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the attorney for the Government, whenever the Government intends to seek the death penalty for an offense punishable by death, to file with the court and serve on the defendant a notice of such intent and the aggravating factors the Government will seek to prove as the basis for such penalty. Requires the judge who presided at the trial or before whom the guilty plea was entered, or another judge if that judge is unavailable, to conduct a separate sentencing hearing when the attorney for the Government has filed such notice and the defendant is found guilty of an offense punishable by death. Permits information to be presented as to any matter relating to any mitigating factor and any aggravating factor for which notice has been provided, except that information may be excluded if its probative value is outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury (but permits the Government to present information concerning the effect of the offense on the victim and the victim's family). Specifies mitigating and aggravating factors. Sets forth special aggravating factors for: (1) treason, espionage, homicide, and the attempted murder of the President; and (2) drug offenses punishable by death (including previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in considering whether to recommend a sentence of death. Sets forth procedures for the imposition, appeal, and implementation of a sentence of death. Prohibits: (1) a death sentence from being carried out upon a pregnant woman or a person who lacks the mental capacity to understand the death penalty and why it was imposed; and (2) requiring any employee of, or any person providing services under contract to, any State department of corrections, the Federal Bureau of Prisons, and the U.S. Marshals Service to be in attendance or to participate in any execution if such participation is contrary to such employee's moral or religious convictions. Sets forth provisions regarding: (1) appointment of counsel; (2) collateral attacks on judgments imposing a death sentence; and (3) stays of execution. Limits the circumstances under which a person subject to the criminal jurisdiction of an Indian tribal government may be executed under this Act. Declares that the death penalty and all other penalties shall be administered by the United States and by every State without regard to the race or color of the defendant or victim, and that neither the United States nor any State shall prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. Specifies that, in a prosecution for an offense against the United States for which a death sentence is authorized, the fact that the killing was motivated by racial prejudice or bias shall be deemed an aggravating factor. Amends specified civil rights provisions to cover conspiracy against the rights, and deprivation of rights under color of law, of any person in (currently, inhabitant of) a State, territory, or district. Provides for the imposition of the death penalty for specified Federal crimes, including: (1) murders committed by prisoners in Federal correctional institutions; (2) murders of Federal, State, and local law enforcement officers; (3) civil rights murders; (4) gun murders; (5) murders by escaped prisoners; (6) torture under specified circumstances where death results; and (7) carjackings which result in death. Subtitle B: Violent Felonies and Drug Offenses - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release for a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. (Sec. 712) Requires the court to sentence a defendant convicted of a Federal violent felony to life imprisonment or, if death results, subject such defendant to the death penalty, if the defendant had previously been convicted of two other violent felonies. (Sec. 713) Amends the Armed Career Criminal Act to include within the definition of "serious drug offense" an offense under State law which, if it had been prosecuted as a CSA violation at the time of the offense and because of the type and quantity of the controlled substance involved, would have been punishable by a maximum term of imprisonment of ten years or more. (Sec. 714) Provides an enhanced penalty for the use of a semiautomatic firearm during a crime of violence or drug trafficking crime. (Sec. 715) Sets mandatory penalties for firearms possession by persons previously convicted of a violent felony or a serious drug offense, and a mandatory minimum sentence for unlawful possession of a firearm by a convicted felon, fugitive from justice, or transferor or receiver of a stolen firearm. (Sec. 717) Increases: (1) the general penalty for violation of Federal firearms laws; and (2) enhanced penalties for possession of a firearm in connection with a crime of violence or a drug trafficking crime. (Sec. 719) Sets penalties for smuggling firearms in aid of drug trafficking or violent crime. (Sec. 723) Establishes: (1) a temporary prohibition against possession of a firearm by, or transfer of a firearm to, persons convicted of a drug crime; and (2) enhanced penalties for possession of a firearm during a drug crime. Subtitle C: Enhanced Penalties for Criminal Use of Firearms and Explosives - Chapter 1: Instant Check System for Handgun Purchases - Requires each State to establish and maintain an instant criminal check system for handgun purchases. Sets forth: (1) prohibitions on uses of such information; and (2) identification procedure requirements for licensed importers, manufacturers, and dealers once a State system becomes operational and specified notice requirements are met. Sets penalties for noncompliance. (Sec. 734) Requires each State to establish a system accessible by telephone that any licensee, law enforcement officer, or court may contact for criminal history information. (Sec. 735) Provides for the correction of erroneous system information as well as a private course of action after all administrative remedies are exhausted and records are not corrected. (Sec. 736) Directs the Attorney General to expedite: (1) the incorporation of the remaining State criminal history records into the Federal criminal records systems maintained by the FBI; and (2) the development of hardware and software systems to link State criminal history check systems into the National Crime Information Center. (Sec. 737) Sets forth provisions regarding: (1) access to State criminal records; and (2) funding for improvements in State records systems. Chapter 2: Other Firearms Provisions - Increases penalties for: (1) interstate gun trafficking; (2) making knowingly false, material statements in connection with the purchase of a firearm from a licensed dealer; and (3) a second offense of using an explosive to commit a felony. (Sec. 742) Prohibits: (1) transactions involving stolen firearms which have moved in interstate or foreign commerce; (2) the receipt of firearms by non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes; (3) the possession of explosives by felons and others; and (4) the possession of explosives during the commission of a felony. (Sec. 745) Provides for mandatory revocation of supervised release for possession of a firearm in violation of a condition of release. (Sec. 756) Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Subtitle D: Miscellaneous - Increases penalties for Travel Act crimes involving racketeering and conspiracy to commit contract killings. (Sec. 762) Makes it a criminal offense to fail to obey an order to land an aircraft issued by an authorized Federal law enforcement officer under specified circumstances. (Sec. 764) Provides enhanced penalties for drug trafficking in prisons. (Sec. 765) Directs the Federal Communications Commission: (1) in its review of applications for renewal of television broadcast licenses, to consider the extent to which the licensee has participated in efforts to educate the public as to the dangers of drug abuse and appropriate methods for obtaining treatment; and (2) not to find that a renewal of such a licensee is consistent with the public interest unless the applicant demonstrates that the station has broadcast public service announcements concerning drug abuse and treatment. Title VIII: Elimination of Delays in Carrying Out Sentences - Subtitle A: 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. (Sec. 802) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. (Sec. 804) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. (Sec. 805) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners. Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Subtitle C: 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. Title IX: Public Corruption - Amends the Federal criminal code to prescribe criminal penalties to be imposed upon: (1) anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State of the honest services of a State official or of a fair and impartially conducted election process; and (2) any State or Federal official who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against another official. Authorizes such adversely affected official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. (Sec. 902) Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. (Sec. 903) Sets forth prohibitions regarding narcotics-related public corruption. Title X: Funding - Requires each head of a Federal agency making a grant to, or entering into a contract with, an institution of higher education for research and development to reduce the overhead payment rate under the grant or contract to 90 percent of the current level and return the amount saved to the general fund of the Treasury. (Sec. 1002) Reduces the overhead expenses identified and reduced by the President in Executive Order 12837 by an additional five percent.
United States · United States Congress · 4 August 1993
Instructs the Committee on Standards of Official Conduct to investigate allegations that the House Post Office provided cash to any Member in exchange for official vouchers, stamps purchased with official vouchers, campaign account checks, or in any other way inconsistent with the Rules of the House. Requires the Committee to: (1) determine which Members are alleged by the former Postmaster to have engaged in improper conduct in connection with the House Post Office and whether these Members are the subjects of any current investigation by the Department of Justice; and (2) defer further inquiry into a Member's conduct if that be the case, pending conclusion of the investigation. Requires the Committee to report to the House on its investigations and makes such report available to the public.
United States · United States Congress · 4 August 1993
Amends rule XI of the Rules of the House of Representatives to allow meetings of standing committees and subcommittees to be closed to the public only if approved by a majority of the committee or subcommittee's total membership because disclosure of matters to be considered would endanger national security, tend to defame, degrade, or incriminate any person, jeopardize an ongoing criminal investigation, or compromise a confidential source of any criminal investigation. Repeals provisions making the coverage of committee hearings and meetings by television broadcast, radio broadcast, or still photography a privilege made available by the House. Requires proceedings of open committee hearings or meetings to be open to television broadcast, radio broadcast, and still photography, or by any of such method of coverage. Prohibits a committee or subcommittee chairman from limiting the number of television or still cameras below two representatives from each medium.
United States · United States Congress · 3 August 1993
Interstate Transportation of Municipal Waste Act of 1993 - Amends the Solid Waste Disposal Act to authorize a State Governor to prohibit the disposal of out-of-State municipal waste in any landfill or incinerator in the State. Exempts from a Governor's authority to prohibit the disposal of out-of-State waste: (1) landfills that received documented shipments of such waste in 1991 and are in compliance with Federal and State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; (2) proposed landfills that, prior to January 1, 1993, received an approval from the affected local government or solid waste planning unit to receive municipal waste generated outside the jurisdiction of the local government, planning unit, or State and a State notice of decision to grant a construction permit; or (3) incinerators that received documented shipments of such waste during 1991 and are in compliance with performance standards under the Clean Air Act and Federal and State laws relating to facility design, operations, and emissions. Authorizes State Governors, beginning in 1993, to further limit the quantity of out-of-State waste received for disposal, or the disposal of such waste, at specified landfills and incinerators. Applies the authorities of this Act to industrial waste to be disposed of at landfills or incinerators that receive municipal solid waste. Prohibits discrimination against shipments of out-of-State waste on the basis of State of origin. Authorizes a State Governor to limit or prohibit the exportation outside the State of municipal waste generated within the State.
![Official portrait of Rep. Knollenberg, Joe [R-MI-9]](https://www.congress.gov/img/member/k000288_200.jpg)