Skip to content
PoliticalRepoPoliticalRepo

Person

Official portrait of Rep. Porter, John Edward [R-IL-10]

Rep. Porter, John Edward [R-IL-10]

United States · Official source

Records

3,634 records where Rep. Porter, John Edward [R-IL-10] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 3454 (103rd)referred

To amend the provisions of title 39, United States Code, to provide that certain periodical publications shall not be bound publications for mail classification purposes, and for other purposes.

United States · United States Congress · 4 November 1993

Prohibits a weekly periodical publication which is eligible to publish legal notices under the laws of any State, the pages of which were customarily secured by two staples before March 19, 1989, from being considered to be a bound publication for mail classification purposes solely because its pages continue to be secured by two staples after that date.

Bill· HRH.R. 3425 (103rd)failed

Department of Environmental Protection Act

United States · United States Congress · 3 November 1993

TABLE OF CONTENTS: Title I: Redesignation of Environmental Protection Agency as Department of Environmental Protection Title II: Administrative Provisions Department of Environmental Protection Act - Title I: Redesignation of Environmental Protection Agency as Department of Environmental Protection - Redesignates the Environmental Protection Agency (EPA) as the Department of Environmental Protection to be headed by a Secretary of the Environment. (Sec. 109) Requires the Secretary to establish a permanent information resources management steering committee and to designate a Chief Information Officer. (Sec. 110) Directs the Secretary to develop policies for encouraging greater public access to departmental information and to maintain a public access system that provides an inventory of the Department's information services and other holdings. (Sec. 111) Establishes a Bureau of Environmental Statistics, an Office of Environmental Justice, and an Advisory Committee on Environmental Justice. Requires the Director of the Office to promote environmental justice for all people wherever they are located or work in the United States and regardless of income, race, ethnicity, or national origin. (Sec. 113) Requires the Secretary to: (1) provide for the acquisition and development of the best credible and unbiased scientific information; and (2) implement peer review and quality assurance guidelines. (Sec. 114) Establishes conflict-of-interest reporting requirements for members of Department advisory committees who are not Federal employees. (Sec. 115) Permits the Department to enter into an umbrella contract only if the contract: (1) does not exceed five years (ten years for a response action contract or a longer period under unusual and compelling circumstances); (2) is awarded pursuant to full and open competition, except under specified conditions; and (3) does not authorize the contractor to procure items on behalf of the Federal Government, other than items procured under and for response action contracts and in which the Government has all rights and interests. Defines an "umbrella contract" as a contract that: (1) provides for the performance of specific advisory and assistance services but does not procure or specify a firm quantity of services; (2) provides for services to be supplied in response to Federal task orders; (3) requires the contractor to provide a stated amount of effort over a given period of time; and (4) has a maximum potential value of at least $1 million, is not a fixed price contract, and is for a period longer than one year. Lists subcontracting requirements. (Sec. 116) Declares that it shall be the policy of the Department to prevent the transfer of inherently governmental functions to private sector contractors. (Sec. 117) Disallows indirect costs incurred by a Department contractor if a cost submitted is unallowable because it is in violation of a cost principle in the Federal Acquisition Regulation or other law. Applies this requirement to contracts in excess of $100,000 other than fixed-price contracts without cost incentives. Prescribes penalties for the submission of unallowable costs. (Sec. 118) Lists unallowable costs as costs of entertainment, gifts, or recreation for contractor employees. Title II: Administrative Provisions - Sets forth provisions governing: (1) the acquisition of copyrights and patents by the Secretary; (2) the acceptance of gifts; (3) the departmental seal; and (4) the use of existing stationery, forms, and other EPA supplies.

Bill· HRH.R. 3398 (103rd)open

To amend title 18, United States Code, to regulate the manufacture, importation, and sale of certain particularly dangerous bullets.

United States · United States Congress · 28 October 1993

Amends the Federal criminal code to include within the definition of "armor piercing ammunition" any bullet that is designed to expand upon impact after being fired from a firearm, resulting in the bullet having sharp, hook, or barb-like projections that extend beyond the diameter of the unfired bullet.

Bill· HRH.R. 3413 (103rd)referred

Health Care Savings Plan Act of 1993

United States · United States Congress · 28 October 1993

TABLE OF CONTENTS: Title I: Medical Savings Accounts Title II: Development and Distribution of Comparative Value Information Health Care Savings Plan Act of 1993 - Title I: Medical Savings Account - Amends the Internal Revenue Code to allow individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual. Defines an eligible individual as: (1) one who is not covered by an employer-provided group health plan; or (2) one who is covered by such a plan which is a qualified catastrophic coverage health plan and is not covered by any other health plan. Allows penalty-free withdrawals from such accounts to the extent that amounts in such accounts exceed $15,000. Allows such deduction in arriving at adjusted gross income. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. Allows the transfer of unused amounts in flexible spending accounts of cafeteria plans to medical savings accounts. Allows the full deduction for medical and dental expenses for amounts paid for qualified catastrophic coverage health plans. Title II: Development and Distribution of Comparative Value Information - Requires each State to develop and implement information programs regarding comparative health values for purchasers of health care. Makes grants available for the development of such programs. Requires Federal implementation of a program for any State that does not develop or continue to implement such a program. Requires the dissemination of comparative value information relative to Federal programs of health insurance and health care services. Requires the development of model systems to facilitate the gathering and analyzing of data on health care cost, quality, and outcome with respect to health insurance plans and hospitals. Authorizes appropriations.

Bill· HRH.R. 3407 (103rd)referred

Home Office Deduction Act

United States · United States Congress · 28 October 1993

Home Office Deduction Act - Amends the Internal Revenue Code to provide qualifications for a home office as a principal place of business for purposes of the deductibility of expenses.

Resolution· HRESH.Res. 281 (103rd)open

Respecting child pornography.

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.

Bill· HRH.R. 3284 (103rd)referred

Entitled the "Asylum Abuse Prevention Act of 1993".

United States · United States Congress · 14 October 1993

Amends the Immigration and Nationality Act to prohibit the United States from granting asylum to an alien who prior to U.S. arrival passes through another country which provides asylum or safe haven.

Bill· HRH.R. 3222 (103rd)open

Managed Competition Act of 1993

United States · United States Congress · 6 October 1993

TABLE OF CONTENTS: Title I: Managed Competition in Employer-Based Health Plans: Incentives to Control Costs Subtitle A: Use of Tax Incentives to Purchase Cost-Effective Plans Subtitle B: Health Plan Purchasing Cooperatives (HPPCs) Subtitle C: Accountable Health Plans (AHPs) Subtitle D: Health Care Standards Commission Subtitle E: Managed Competition in Rural and Urban Underserved Areas Subtitle F: Treatment of Chronically Underserved Areas Subtitle G: Repeal of COBRA Continuation Requirements Subtitle H: Definitions Title II: Low-Income Assistance for Health Coverage Subtitle A: Low-Income Assistance Subtitle B: Long-Term Care Phase-Down Assistance to States Subtitle C: Financing Subtitle D: Repeal of Medicaid Program Title III: Training and Education of Health Care Professionals Subtitle A: Reform of Federal Funding for Medical Residency Training Subtitle B: Other Medical Education Grants and Programs Title IV: Preventive Health and Individual Responsibility Subtitle A: Expansion of Public Health Programs Subtitle B: Medicare Title V: Malpractice Reform Subtitle A: Findings; Purpose; Definitions Subtitle B: Uniform Standards for Malpractice Claims Subtitle C: Requirements for State Alternative Dispute Resolution Systems (ADR) Subtitle D: Grants to States for Development of Practice Guidelines Title VI: Paperwork Reduction and Administrative Simplification Title VII: Additional Benefits On a Pay-As-You-Go Basis Managed Competition Act of 1993 - Title I: Managed Competition in Employer-Based Health Plans: Incentives to Control Costs - Subtitle A: Use of Tax Incentives to Purchase Cost-Effective Plans - Amends the Internal Revenue Code to impose a tax on the excess health plan expenses of any employer which are health plan expenses exceeding specific limits under an accountable health plan for a defined geographical area. (Sec. 1002) Increases to 100 percent and makes permanent the deduction for health plan premium expenses of self-employed individuals. (Sec. 1003) Permits the deduction for medical, dental, etc. expenses without regard to the limitation on such deduction with respect to amounts paid for premiums under an accountable health plan. (Sec. 1004) Provides for the exclusion from gross income of contributions by a partnership or S corporation to a health plan covering partners or shareholders. (Sec. 1006) Eliminates the commonality of interest and geographic location requirements with respect to group purchasing by large tax-exempt organizations. Subtitle B: Health Plan Purchasing Cooperatives (HPPCs) - Provides for the establishment of Health Plan Purchasing Cooperatives (HPPCs). Considers each State to be a HPPC, except that a State may subdivide into HPPC areas, and that there may be interstate HPPCs, as specified. Requires HPPCs to enter into agreements with accountable health plans and small employers, offer enrollment in accountable health plans, and charge premiums. Subtitle C: Accountable Health Plans (AHPs) - Directs the Health Care Standards Commission to provide a process whereby a health plan may be registered with the Commission by its sponsor as an accountable health plan. Sets forth requirements for a plan to be registered, including: (1) coverage for a specified uniform set of benefits, including cost-sharing for low-income individuals; (2) standard premiums for the uniform benefits; (3) grievance procedures; (4) collecting and providing specified information; (5) prohibiting discrimination in enrollment or benefits; and (6) financial solvency. (Sec. 1208) Sets forth additional requirements for open AHPs, which is any plan which is not closed. Defines a closed plan as one limited by structure or law to one or more large employers. (Sec. 1211) Requires each AHP to provide for payment of one percent of gross premium receipts to the National Medical Education Fund. (Sec. 1221) Sets forth provisions concerning the preemption of State laws for AHPs. (Sec. 1231) Directs the President to provide for the development and publication of guidelines on the application of Federal antitrust laws to AHPs. (Sec. 1232) Provides for the issuance of certificates of public advantage by the Attorney General to eligible health care joint ventures which, if followed, exempt such ventures from antitrust liability. Subtitle D: Health Care Standards Commission - Establishes, as an independent agency in the Executive Branch, a Health Care Standards Commission. Requires the Commission to transmit annually to the Congress recommendations for the uniform set of effective benefits. States that such recommendations shall apply unless the Congress passes a joint resolution of disapproval. (Sec. 1303) Directs the Commission to provide for the initial organization, as a nonprofit corporation, of the Benefits, Evaluations, and Data Standards Board in order to make recommendations to the Commission concerning the uniform set of effective benefits and matters related to the evaluation of health care services. (Sec. 1304) Directs the Commission to provide for the initial organization, as a nonprofit organization of the Health Plan Standards Board in order to make recommendations to the Commission concerning the standards for AHPs and concerning its assessment of risk-adjustment factors. (Sec. 1305) Sets forth provisions concerning the registration of AHPs. (Sec. 1306) Directs the Commission to establish rules for the process of risk-adjustment of premiums among AHPs by HPPCs. (Sec. 1307) Directs the Commission to publish information concerning procedures, their prices, and their quality. (Sec. 1309) Establishes, within the Department of Health and Human Services, the Agency for Clinical Evaluations which shall assume the responsibilities of the Director of the Office of Medical Applications of Research at the National Institutes of Health, the Director of the Office of Research and Demonstrations of the Health Care Financing Administration (insofar as such responsibilities relate to clinical evaluations), the Administrator for Health Care Policy and Research under title IX of the Public Health Service Act, as well as other specified responsibilities. Authorizes appropriations. (Sec. 1311) Prohibits the Commission from establishing or enforcing any controls on health care spending. (Sec. 1313) Authorizes appropriations for the Commission through FY 2000. Terminates the Commission on December 31, 1999. Subtitle E: Managed Competition in Rural and Urban Underserved Areas - Authorizes the Governor of any State to designate rural and urban areas of a State as underserved areas. Permits a HPPC serving such an area to require AHPs offered by the HPPC and with a service area adjoining such area to include the area as part of their service area. (Sec. 1411) Authorizes appropriations for: (1) technical assistance for entities seeking to establish a network plan in an underserved area; (2) financial assistance to eligible entities in order to provide for the development and implementation of AHPs in rural areas; and (3) under the Public Health Service Act, migrant health centers and community health centers. (Sec. 1422) Provides coverage under part B of title XVIII (Medicare) of the Social Security Act for rural emergency access care hospital services. (Sec. 1431) Directs the Secretary of Health and Human Services to make payments for transitional assistance to eligible hospitals. Requires any hospital accepting such assistance to provide a significant volume of services to persons unable to pay for services. Authorizes appropriations. Subtitle F: Treatment of Chronically Underserved Areas - Directs the Health Care Standards Commission to develop standards for the identification of chronically underserved areas. Makes provisions for addressing health care delivery in such areas. Subtitle G: Repeal of COBRA Continuation Requirements - Repeals the COBRA continuation requirements for group health plans and title XXII of the Public Health Service Act. Subtitle H: Definitions - Sets forth definitions for this title and title II. Title II: Low-Income Assistance for Health Coverage - Subtitle A: Low-Income Assistance - Provides premium assistance for very-low income individuals and moderately low-income individuals. Provides for nominal cost-sharing for such individuals and special assistance for certain items and services. Subtitle B: Long-Term Care Phase-Down Assistance to States - Provides for long-term care phase-down assistance to eligible States for each calendar quarter in 1995 through 1998. Subtitle C: Financing - Amends title XVIII (Medicare) of the Social Security Act to achieve savings under such program by: (1) reducing the update for inpatient hospital services; (2) reducing the conversion factor for the physician fee schedule for non-primary care services; and (3) reducing hospital outpatient services through establishing a prospective payment system. (Sec. 2204) Amends the Internal Revenue Code to impose a Medicare part B premium tax on higher-income individuals. (Sec. 2205) Achieves additional Medicare savings through the: (1) phased-in elimination of Medicare disproportionate share adjustment payments; (2) reduction of routine cost limits for home health services; (3) reduction in routine cost limits for extended care services; and (4) reductions in payments for hospice services. Subtitle D: Repeal of Medicaid Program - Repeals title XIX (Medicaid) of the Social Security Act. Title III: Training and Education of Health Care Professionals - Subtitle A: Reform of Federal Funding for Medical Residency Training - Directs the Health Care Standards Commission to approve a resident training position in medical residency program for purposes of funding approved medical residency training programs under this title. Provides funding, in addition, for physician retraining. Sets forth provisions concerning: (1) the allocation of entry positions among programs; and (2) the general distribution of positions among specialties. (Sec. 3004) Requires payment by AHPs of one percent of gross premium receipts to the National Medical Education Fund. Requires payments from the Medicare trust funds to the National Medical Education Fund. (Sec. 3005) Establishes the National Medical Education Fund. Subtitle B: Other Medical Education Grants and Programs - Authorizes appropriations under the Public Health Service Act for medical education programs, including: (1) the scholarship and loan repayment programs of the National Health Service Corps; (2) area education centers; (3) public health and preventive medicine; (4) family medicine; (5) general internal medicine and pediatrics; (6) physician assistants; (7) allied health projects grants and contracts; and (8) nurse practitioner and nurse midwife programs. Title IV: Preventive Health and Individual Responsibility - Subtitle A: Expansion of Public Health Programs - Authorizes appropriations under the Public Health Service Act for the following public health programs: (1) immunizations against vaccine-preventable diseases; (2) prevention, control, and elimination of tuberculosis; (3) lead poisoning prevention; (4) preventive health measures with respect to breast and cervical cancers; (5) the Office of Disease Prevention and Health Promotion; (6) the Office of Minority Health; (7) preventive health and health services block grant; (8) categorical grants for early intervention regarding acquired immune deficiency syndrome; and (9) programs of the Centers for Disease Control regarding the smoking of tobacco products. Directs the Office of Disease Prevention and Health Promotion to promote individual responsibility in personal health care and in the use of valuable health care resources. Subtitle B: Medicare - Provides Medicare coverage for: (1) screening fecal-occult blood tests and screening flexible sigmoidoscopies for the purpose of the early detection of cancer; (2) tetanus-diphtheria boosters; (3) well-child services; and (4) an annual screening mammography for women over age 64. Title V: Malpractice Reform - Subtitle A: Findings; Purpose; Definitions - Sets forth the findings, purpose, and definitions for this title. Subtitle B: Uniform Standards for Malpractice Claims - Prohibits bringing a medical malpractice liability action in a State court unless there has been an initial resolution under an alternative dispute resolution system. Limits the total noneconomic damages in such actions to $250,000. Sets limits on attorney's fees. Makes special provision for obstetric services. Subtitle C: Requirements for State Alternative Dispute Resolution Systems (ADR) - Establishes requirements for State alternative dispute resolution systems. Provides for grants to States to assist in implementation of such systems. Subtitle D: Grants to States for Development of Practice Guidelines - Directs the Secretary to make grants to States for the development of medical practice guidelines for health care professionals that may be applied to resolve medical malpractice liability claims. Title VI: Paperwork Reduction and Administrative Simplification - Preempts State quill pen laws. Ensures the confidential treatment of electronic health care information. Sets forth provisions which provide for: (1) the standardization of electronic health information; (2) uniform claims forms; (3) the liability of insurers when benefits are payable under two or more plans; and (4) the uniformity of the availability of information among health plans when benefits are payable under two or more plans. (Sec. 6007) Amends the Internal Revenue Code to impose a tax on a health plan not in compliance with specified requirements of this title. Title VII: Additional Benefits On a Pay-As-You-Go Basis - Expresses the sense of the Congress that additional benefits should be provided by the Federal Government to the extent that additional financing is made available on a pay-as-you-go basis.

Resolution· HRESH.Res. 270 (103rd)referred

Expressing the sense of the House of Representatives 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 · 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.

Bill· HRH.R. 3163 (103rd)referred

Debt Collection Act Amendments of 1993

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.

Bill· HRH.R. 3145 (103rd)open

To amend the Congressional Budget Act of 1974 to provide for downward adjustments in section 602 and section 302 Appropriations Committees allocations and suballocations, and for other purposes.

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.

Resolution· HCONRESH.Con.Res. 152 (103rd)referred

Concerning human rights and democracy in Vietnam.

United States · United States Congress · 23 September 1993

Expresses the sense of the Congress that: (1) the United States should support the process of nonviolent democratic reform in Vietnam; (2) the Secretary of State should declare U.S. support for the democratization of Vietnam and reaffirm that progress on the POW/MIA issue is critical to normalizing economic and diplomatic relations; (3) the administration should take the lead in mobilizing the United Nations and other groups to work toward promoting human rights, the rule of law, and free and democratic elections in Vietnam; and (4) the United States should increase its support for Voice of America programming in Vietnam.

Bill· HRH.R. 3101 (103rd)open

Window of Opportunity Act

United States · United States Congress · 21 September 1993

TABLE OF CONTENTS: Title I: Temporary Reduction in Tax on Capital Gains Title II: Indexing of Certain Assets Window of Opportunity Act - Title I: Temporary Reduction in Tax on Capital Gains - Amends the Internal Revenue Code to reduce the individual and corporate capital gains taxes to six percent (three percent for low- and middle-income taxpayers) on capital gains during a moratorium period of one year beginning after the date of enactment of this Act. Title II: Indexing of Certain Assets - Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset or property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss.

Bill· HRH.R. 3080 (103rd)open

Affordable Health Care Now Act of 1993

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.

Bill· HRH.R. 3087 (103rd)open

General Aviation Revitalization Act of 1993

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.

Bill· HRH.R. 3086 (103rd)open

Government Employee Limitation Act

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.

Bill· HRH.R. 3029 (103rd)referred

Omnibus Adoption Act of 1993

United States · United States Congress · 8 September 1993

TABLE OF CONTENTS: Title I: National Advisory Council on Adoption Title II: Adoption Data Collection System Title III: Adoption Education Programs Title IV: Adoption Benefits for Federal Employees and Military Personnel Title V: Adoption Tax Credit Title VI: Maternal Health Certificates Program Title VII: Rehabilitation Grants for Maternity Housing and Services Facilities Title VIII: Sense of Congress Regarding Changes in State Adoption Laws Omnibus Adoption Act of 1993 - Title I: National Advisory Council on Adoption - Establishes the National Advisory Council on Adoption to monitor program implementation under this Act and make recommendations to the Congress. Title II: Adoption Data Collection System - Requires the Secretary of Health and Human Services (the Secretary) to submit a status report to the Congress on implementation of a certain data collection system required under the Social Security Act. Title III: Adoption Education Programs - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award social work graduate school fellowships for work in innovative programs on the effects of adoption on the parties involved. Authorizes appropriations. Directs the Secretary of Education to award grants to the States for implementation of adoption education programs. Authorizes appropriations. Title IV: Adoption Benefits for Federal Employees and Military Personnel - Amends Federal law to set forth adoption benefits for Federal employees and military personnel. Directs the Director of the Office of Personnel Management, the Secretary of Defense, and the Secretary of Transportation to coordinate their efforts in implementing this Act and to consult with the National Advisory Council on Adoption. Title V: Adoption Tax Credit - Amends the Internal Revenue Code to allow adoption expenses as a credit against the individual income tax. Title VI: Maternal Health Certificates Program - Directs the Secretary to establish a maternal health certificates program to cover maternity and housing services facility expenses incurred by eligible pregnant women. Authorizes appropriations. Title VII: Rehabilitation Grants for Maternity Housing and Services Facilities - Directs the Secretary of Housing and Urban Development to implement a grant program to assist eligible nonprofit entities to rehabilitate buildings for use as housing and services facilities for eligible pregnant women. Authorizes appropriations. Title VIII: Sense of Congress Regarding Changes in State Adoption Laws - Expresses the sense of the Congress that the States should adopt a specified statutory adoption scheme, including certain health plan benefits.

Bill· HRH.R. 3023 (103rd)open

To amend title 10, United States Code, to eliminate the disparity between civilian and military retiree cost-of-living adjustments caused by the Omnibus Budget Reconciliation Act 1993.

United States · United States Congress · 8 September 1993

Amends the Omnibus Budget Reconciliation Act of 1993 to revise provisions concerning limitations on cost of living adjustments for military retirees to set forth special rules concerning such adjustments for FY 1994 through 1996 (currently, special rules are set forth for FY 1994 through 1998).

Bill· HJRESH.J.Res. 256 (103rd)referred

Proposing an amendment to the Constitution of the United States prohibiting Federal laws and rules that impose liability for conduct occurring before the date of enactment or issuance.

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.

Resolution· HRESH.Res. 247 (103rd)open

Amending the Rules of the House of Representatives to establish a point of order against considering any provision of any measure that contains a retroactive tax increase.

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.

Bill· HRH.R. 2918 (103rd)open

National Institute for the Environment Act

United States · United States Congress · 6 August 1993

National Institute for the Environment Act - Establishes the National Institute for the Environment to: (1) increase scientific understanding of environmental issues by supporting scientific environmental research and other environmental programs; (2) assist decision-making on environmental issues by providing assessments of existing knowledge of such issues; (3) serve as the foremost provider of access to current scientific and technical information about the environment; (4) sponsor higher education and training in environmental fields; (5) support the development of methods and technologies that increase understanding of the environment and minimize adverse environmental impact; (6) evaluate the status and needs of the various environmental sciences and fields; (7) foster interchange of scientific information about the environment; (8) address emerging environmental issues and aspects of environmental problems; and (9) establish research priorities for environmental issues. Establishes a Governing Board for the Institute and an Interagency Advisory Committee to ensure that the environmental efforts of the Institute and Federal agencies are complementary. Makes scientists, engineers, and other researchers eligible to receive funding from the Institute.

Bill· HRH.R. 2936 (103rd)referred

At-Birth Abandoned Infants Assistance Amendments of 1993

United States · United States Congress · 6 August 1993

At-Birth Abandoned Infants Assistance Amendments of 1993 - Amends the Abandoned Infants Assistance Act of 1988 to condition Federal project grants upon the existence of a State statutory scheme which effectuates: (1) the designation of preadoptive parents; (2) prompt placement of designated abandoned infants with preadoptive parents; and (3) expedited judicial proceedings to establish permanent parental rights for such preadoptive parents (thereby terminating the parental rights of all other persons with respect to that infant).

Bill· HRH.R. 2995 (103rd)referred

Paperwork Reduction Act of 1993

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.

Bill· HRH.R. 2938 (103rd)referred

At-Birth Abandoned Baby Act of 1993

United States · United States Congress · 6 August 1993

At-Birth Abandoned Baby Act of 1993 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require States to place babies abandoned at birth with preadoptive parents within 30 days of obtaining custody of such babies, and to find new preadoptive parents for such babies if the initial preadoptive parents do not petition the courts of the State within 90 days of receiving them for an expedited hearing to become their permanent adoptive parents. Treats such babies as children with special needs, thus qualifying their adoptive parents for adoption assistance.

Bill· HRH.R. 2929 (103rd)referred

Budget Process Reform Act

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.

Resolution· HCONRESH.Con.Res. 138 (103rd)open

Expressing the sense of the Congress with respect to Saudi Arabia and the General Agreement on Tariffs and Trade (GATT).

United States · United States Congress · 6 August 1993

Expresses the sense of the Congress that: (1) President Clinton and Secretary of State Christopher should be commended for their diplomatic efforts to encourage Arab League members to end the secondary and tertiary Arab League boycott of Israel; (2) they should give attention to diplomatic efforts to encourage those countries that were beneficiaries of Operations Desert Shield and Desert Storm to end such boycott; and (3) the United States should oppose Saudi Arabia's joining the General Agreement on Tariffs and Trade (GATT) until such time that it renounces its participation in the boycott and ensures that U.S. companies and other countries have access to the Saudi Arabia market regardless of their business relationship with Israel.

Bill· HRH.R. 2890 (103rd)referred

Disability Rights in American Foreign Policy Act of 1993

United States · United States Congress · 5 August 1993

Disability Rights in American Foreign Policy Act of 1993 - Declares that it is the purpose of this Act to promote recognition of the human rights of people with disabilities and the elimination of discrimination against such people. Amends the Foreign Assistance Act of 1961 to include within the Secretary of State's annual human rights report an examination of discrimination toward people with disabilities in foreign countries which are members of the United Nations.

Resolution· HRESH.Res. 242 (103rd)referred

Amending the Rules of the House of Representatives respecting waivers of rules.

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.

Resolution· HRESH.Res. 244 (103rd)referred

Amending the Rules of the House of Representatives to require that the membership of the Committee on the Rules reflect the ratio of majority to minority party Members of the House at the beginning of the Congress.

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.

Resolution· HRESH.Res. 243 (103rd)referred

Amending the Rules of the House of Representatives to require a three-fifths vote to adopt a rule disallowing germane amendments to a bill or resolution.

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.

Bill· HRH.R. 2873 (103rd)reported

Natural Disaster Protection Partnership Act of 1994

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.

Bill· HRH.R. 2866 (103rd)referred

Headwaters Forest Act

United States · United States Congress · 4 August 1993

Headwaters Forest Act - Extends the boundaries of the Six Rivers National Forest, California, to include certain lands to be referred to as the Six Rivers National Forest Addition. Directs the Secretary of Agriculture to: (1) acquire land within the boundaries of the Addition by donation, by purchase, or by exchange for other lands owned by any department, agency, or instrumentality of the United States; and (2) develop and implement a land acquisition plan giving priority to the acquisition of lands within the boundaries of the Headwaters Forest Wilderness. Authorizes appropriations. Designates the Headwaters Forest Wilderness as a component of the National Wilderness Preservation System. Requires the Secretary to develop a comprehensive management plan detailing measures for the preservation of the existing old growth redwood ecosystems in the Addition, including: (1) a prohibition on timber sales from lands within the old growth redwood groves; and (2) measures to restore lands affected by previous timber harvests to mitigate watershed degradation and impairment of habitat for the marbled murrelet, spotted owl, native salmon stocks, and other old-growth forest dependent species. Sets forth provisions regarding payments to local governments in lieu of taxes for lands acquired under this Act. Directs the Secretary to study specified lands in the Addition, analyzing the area's potential for addition to the Headwaters Forest and identifying the area's natural resources.

Bill· HRH.R. 2872 (103rd)open

Crime Control Act of 1993

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.

Bill· HRH.R. 2847 (103rd)open

Crime Control Act of 1993

United States · United States Congress · 3 August 1993

TABLE OF CONTENTS: Title I: Death Penalty Title II: Habeas Corpus Reform Title III: Exclusionary Rule Title IV: Rural Crime and Drug Control Title V: Firearms and Related Amendments Title VI: Juveniles and Gangs Title VII: Terrorism and International Matters Title VIII: Sexual Violence, Child Abuse, and Victims' Rights Title IX: Equal Justice Act Title X: Funding, Grant Programs, and Studies Title XI: Illegal Drugs Title XII: Public Consumption Title XIII: General Provisions Title XIV: Technical Corrections Title XV: Federal Law Enforcement Agencies Title XVI: Federal Prisons Title XVII: Pre-Trial Interrogation Title XVIII: Funding Crime Control Act of 1993 - Title I: Death Penalty - Federal Death Penalty Act of 1993 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. (Sec. 102) Allows the defendant and the Government to present any information relevant to sentencing (including victim impact statements), but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Sets forth: (1) procedures for the implementation of, and appeal from, a sentence of death; and (2) provisions regarding the appointment of counsel, deadlines for collateral attacks on judgments imposing a death sentence, and stays of execution. (Sec. 110) Provides for the imposition of the death penalty for various offenses, including: (1) murder committed by prisoners in Federal prisons; (2) murder for hire; (3) murder in the aid of racketeering activity; (4) specified violations of the Controlled Substances Act (CSA); (5) murder of Federal witnesses; (6) rape and child molestation murders; and (7) murders in the District of Columbia. Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1993 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 204) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1993 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Subtitle C: Equalization of Capital Habeas Corpus Litigation Funding - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require the Director of the Bureau of Justice Assistance (BJA) to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Title III: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Title IV: Rural Crime and Drug Control - Subtitle A: Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations for rural law enforcement agencies (LEAs) and increase the base allocation to nonrural States for rural drug enforcement assistance. (Sec. 402) Requires: (1) the Attorney General to establish a Rural Crime and Drug Enforcement Task Force in each Federal judicial district which encompasses significant rural lands, and to cross-designate up to 100 law enforcement officers from specified Federal agencies to enforce provisions of the CSA on non-Federal lands and the Federal criminal code; and (2) the Director of the Federal Law Enforcement Training Center to develop specialized training for rural law enforcement officers. Subtitle B: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Subtitle C: Rural Areas Enhancement - Sets forth provisions regarding: (1) forfeiture of assets seized as a result of investigations initiated by a Rural Drug Enforcement Task Force; and (2) the bringing of criminal charges (including counts involving illegal disposal of hazardous waste and knowing endangerment of the environment) and civil actions (including assessment of environmental and health-related damages) against the operators of clandestine methamphetamine and other dangerous drug laboratories. Title V: Firearms and Related Amendments - Subtitle A: General Provisions - Amends the Federal criminal code to establish penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. (Sec. 503) Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) interstate gun trafficking. (Sec. 504) Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. (Sec. 506) Prohibits: (1) the receipt of firearms by non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes; (2) transactions involving stolen firearms which have moved in interstate or foreign commerce; and (3) the possession of explosives by felons and specified others. (Sec. 511) Amends: (1) the Internal Revenue Code regarding the disposition of forfeited firearms; and (2) the Federal criminal code regarding the definition of burglary under the Armed Career Criminal Act of 1984. Subtitle B: Brady Handgun Violence Prevention Act - Brady Handgun Violence Prevention Act - Amends the Federal criminal code to provide for a five (business) day waiting period for the purchase of a handgun. Sets forth: (1) interim procedures (pending the establishment of a national instant criminal background check system) for checking with the chief law enforcement officer of the place of residence of the purchaser as to whether the purchaser has a criminal record or whether there is any other legal impediment to such individual's receiving a handgun; and (2) permanent procedures for conducting criminal background checks. Sets penalties for violations. (Sec. 502) Directs the Attorney General to establish a national instant criminal background check system that any licensee may contact for information on whether receipt of a firearm by a prospective purchaser would violated specified legal provisions. Provides for the correction of erroneous information in the system. (Sec. 503) Permits the use of formula grants under the Omnibus Act for improvements in State criminal records. Authorizes appropriations. Sets forth provisions with respect to the withholding of State and Department of Justice funds for failure to meet set deadlines. Title VI: Juveniles and Gangs - Anti-Gang and Juvenile Offenders Act of 1993 - Subtitle A: Increased Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Provisions - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. (Sec. 623) Sets penalties for the commission of a felony crime of violence, felony involving a controlled substance, and specified other offenses in, for, or in association with a criminal street gang. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to those over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. (Sec. 632) Classifies as serious drug offenses for purposes of the Armed Career Criminal Act serious drug offenses committed by juveniles. (Sec. 633) Amends the Omnibus Act to require the Director of the BJA to make grants to States, for use by States and units of local governments, to develop alternatives to incarceration and probation for young offenders which promote reduced recidivism, crime prevention, and victim assistance. Subtitle D: Other Provisions - Includes among permissible uses of drug control and system improvement grants (under the Omnibus Act) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year olds in courts with jurisdiction over adults for specified crimes. (Sec. 642) Directs: (1) the Attorney General to develop a national strategy to coordinate gang-related investigations by Federal LEAs, and prepare a report on national gang violence to be submitted to the President and the Congress; and (2) the Director of the Federal Bureau of Investigation (FBI) to acquire and collect information on incidents of gang violence for inclusion in an annual uniform crime report. (Sec. 643) Prohibits a juvenile from being transferred to adult prosecution or a hearing held under section 5037 (disposition after a finding of juvenile delinquency) until any prior juvenile court records have been received by the court or other specified conditions are met. Title VII: Terrorism and International Matters - Repeals the Antiterrorism Act of 1990. Establishes a civil remedy for U.S. nationals (and their survivors or estates) injured, in their person, property, or business, by acts of international terrorism. (Sec. 702) Amends the Federal criminal code to: (1) make it a criminal offense to provide material support to terrorists; and (2) provide for forfeiture of assets used to support terrorists. (Sec. 704) Authorizes the Attorney General to waive immigration admission and other legal requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. (Sec. 713) Amends the Federal criminal code to: (1) establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights; (2) provide for the prosecution of individuals who murder U.S. nationals abroad; and (3) permit FBI access to telephone subscriber information under specified circumstances. Title VIII: Sexual Violence, Child Abuse, and Victims' Rights - Subtitle A: Sexual Violence and Child Abuse - Sexual Assault Prevention Act of 1993 - Chapter 1: Sexual Violence - Subchapter A: Penalties and Remedies - Provides for: (1) pretrial detention in sex offense cases; and (2) the imposition of the death penalty for murders committed by sex offenders. (Sec. 803) Increases penalties for: (1) recidivist sex offenders; and (2) sex offenses against victims below age 16. (Sec. 805) Sets forth provisions regarding: (1) sentencing guideline increases for sex offenses; (2) human immunodeficiency virus testing, penalty enhancement, and cost of testing in sex offense cases; (3) restitution and suspension of Federal benefits; and (4) creation of a civil remedy for victims of sexual violence. Subchapter B: Rules of Evidence, Practice, and Procedure - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. (Sec. 822) Revises the rape victim shield law, including making the past sexual behavior of an alleged victim inadmissible in civil as well as criminal cases. Makes inadmissible evidence to show provocation or invitation by the victim in a sex offense criminal case. (Sec. 824) Sets forth provisions regarding: (1) review of proposed Rules of Professional Conduct for Lawyers in Federal Practice; (2) a victim's right to allocation (to be present, make a statement, and present information) at the sentencing hearing of a defendant convicted of a crime of violence or sexual abuse; and (3) a victim's right of privacy. Subchapter C: Safe Campuses - Directs the Attorney General to provide for a national baseline study on campus sexual assault. Subchapter D: Assistance to States and Localities - Authorizes the Attorney General to make grants to support projects and programs relating to sexual violence, and supplementary grants for States adopting effective laws relating to sexual violence. Chapter 2: Domestic Violence and Offenses Against the Family - Amends the Federal criminal code to: (1) set penalties for noncompliance with child support obligations in interstate cases; and (2) require full faith and credit for protective orders. (Sec. 853) Creates a presumption against child custody for spouse abusers. (Sec. 854) Directs the Attorney General to report to the Congress on: (1) the status of battered women's syndrome as a medical and psychological condition and its effect in criminal trials; (2) the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses; and (3) problems of recordkeeping of criminal complaints involving domestic violence. (Sec. 857) Authorizes the Attorney General to make grants to support projects and programs relating to domestic violence and other unlawful acts that particularly affect women. Chapter 3: National Task Force on Violence Against Women - Directs the Attorney General to establish a National Task Force on Violence Against Women. Subtitle B: Victims' Rights - Sets forth provisions regarding: (1) restitution and suspension of Federal benefits; and (2) the number of peremptory challenges under the Federal Rules of Criminal Procedure. Subtitle C: National Child Protection Act - National Child Protection Act of 1993 - Provides for: (1) State reporting of child abuse crime information to a national criminal background check system; (2) funding to improve such information; and (3) the withholding of a portion of such funding to States not in compliance with a timetable established under this Act. Subtitle D: Jacob Wetterling Crimes Against Children Registration Act - Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring any person who is convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency for ten years after release from prison or being placed on parole or supervised release. Sets forth registration, State compliance, and related requirements. Title IX: Equal Justice Act - Equal Justice Act - Requires that the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim. Bars the use of any racial quota or statistical test for the imposition or execution of any penalty. (Sec. 903) Sets forth provisions regarding: (1) safeguards against racial prejudice or bias in criminal courts; and (2) jury instructions and certification, and racial motivation in killings as an aggravating factor, in Federal capital cases. (Sec. 905) Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person in (currently, inhabitant of) a State, territory, or district. Title X: Funding, Grant Programs, and Studies - Subtitle A: Safer Streets and Neighborhoods - Law Enforcement Enhancement Act of 1993 - Amends the Omnibus Act to: (1) authorize grants to State and local agencies for the hiring of law enforcement personnel; (2) continue the Federal-State funding formula through 1994; and (3) revise the funding formula with respect to the allocation and distribution of funds under formula grants. Subtitle B: Retired Public Safety Officer Death Benefit - Includes retired public safety officers who have died or become permanently and totally disabled as a result of injuries sustained while responding to a fire, rescue, or police emergency among those eligible for death and disability benefits. Subtitle C: Study on Police Officers' Rights - Directs the Attorney General to conduct a study of the procedures followed in internal, noncriminal investigations of State and local law enforcement officers to determine if such investigations are conducted fairly and effectively. Subtitle D: Cop-on-the-Beat Grants - Cop-on-the-Beat Act of 1993 - Amends the Omnibus Act to authorize the Director of the BJA to make grants to units of local government and community groups to establish or expand cooperative efforts between police and a community for purposes of increasing the police presence in the community. Subtitle E: National Commission to Support Law Enforcement - National Commission to Support Law Enforcement Act - Establishes a National Commission to Support Law Enforcement to study and recommend changes regarding LEAs and law enforcement issues on the Federal, State, and local levels. Subtitle F: Other Provisions - Amends the Omnibus Act to: (1) require the Director of the BJA to establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions in the Department of Justice, identify and evaluate model programs that provide support services to law enforcement personnel and families, and take other specified actions; and (2) authorize the Director to make grants to States and local LEAs to provide family support services to law enforcement personnel. (Sec. 1063) Requires the Bureau of Prisons to notify, in writing and within a specified time frame, the chief law enforcement officer of the State and local jurisdiction in which a prisoner released on supervised release will reside. Title XI: Illegal Drugs - Subtitle A: Drug Testing - 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 (where feasible) to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving 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. Subtitle B: Precursor Chemicals - Chemical Control and Environmental Responsibility Act of 1993 - Amends the CSA to replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals." (Sec. 1123) Requires every person who manufacturers or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General. Makes provisions regarding the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals. (Sec. 1131) Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act. (Sec. 1132) Amends the Health Care Quality Improvement Act of 1986 to grant the Attorney General access to information in the National Practitioner Data Bank. Subtitle C: Other Provisions - Sets forth miscellaneous provisions and amends various laws concerning controlled substances. Title XII: Public Corruption - Anti-Corruption Act of 1993 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision of a State of the honest services of a government official or employee, or of a fair and impartially conducted election process. (Sec. 1202) Prescribes criminal penalties to be imposed upon any official, or person selected to be a public official, who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States, or any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. (Sec. 1203) 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. 1204) Sets forth prohibitions regarding narcotics-related public corruption. Title XIII: General Provisions - Subtitle A: Violent Crimes - Sets penalties for attempted: (1) robbery; (2) kidnapping; (3) smuggling; and (4) malicious mischief. (Sec. 1320) Increases penalties for: (1) certain assaults; (2) manslaughter; (3) interstate and foreign travel or transportation in aid of racketeering enterprises; and (4) conspiracy to commit murder for hire. Subtitle B: Civil Rights Offenses - Increases maximum penalties for certain civil rights violations, including damage to religious property. Subtitle C: White Collar and Property Crimes - Establishes penalties for knowingly receiving the proceeds of: (1) a postal robbery; (2) extortion; and (3) a kidnapping. (Sec. 1330) Includes within mail fraud provisions depositing specified matter to be sent by any private or commercial interstate carrier. (Current law applies only to matter sent by the U.S. Postal Service.) (Sec. 1332) Increases penalties for trafficking in counterfeit goods and services. (Sec. 1333) Computer Abuse Amendments Act of 1993 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period, or modifies or impairs the medical care of any individual. Creates a civil cause of action for persons suffering damage or loss by virtue of a violation of this Act. Subtitle D: Other Provisions - Sets forth provisions regarding: (1) venue for espionage and related offenses; (2) required reporting by criminal court clerks; and (3) audit requirements for State and local LEAs receiving Federal asset forfeiture funds. (Sec. 1364) Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Authorizes the Director of the FBI to establish an index of DNA identification records of persons convicted of crimes, and of analyses of DNA samples recovered from crime scenes and from unidentified human remains. (Sec. 1365) Authorizes the Director of the BJA to make grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence. Title XIV: Technical Corrections - Makes technical corrections to the Omnibus Act, the Federal criminal code, the CSA, and the Foreign Corrupt Practices Act of 1977. Title XV: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1993 - Authorizes appropriations for the Drug Enforcement Administration, the FBI, the Immigration and Naturalization Service, the U.S. attorneys, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco and Firearms, and the U.S. courts. Title XVI: Federal Prisons - Authorizes appropriations for new prison construction. Title XVII: Pre-Trial Interrogation - Expresses the sense of the Congress that the Attorney General shall instruct all U.S. attorneys, and implement policies consistent therewith, that confessions obtained in conformity with Federal provisions related to such admissibility will be offered into evidence. Title XVIII: Funding - Rescinds 16 percent of unobligated funds to specified Federal agencies, and for specified funds and purposes, for FY 1992 and 1993.