United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Urban Tax Enterprise Zones and Rural Development Investment Zones Subtitle A: Designation and Tax Incentives Subtitle B: Redevelopment Bonds for Tax Enterprise Zones Subtitle C: Credit for Contributions to Certain Community Development corporations Subtitle D: Indian employment and Investment Subtitle E: Study Title II: Authorization for Additional Assistance to Distressed Communities Subtitle A: National Public-Private Partnership Programs Subtitle B: Block Grant Funding for Eligible Programs Subtitle C: Other Programs Enhanced Enterprise Zones Act of 1993 - Title I: Urban Tax Enterprise Zones and Rural Development Investment Zones - Declares it to be the purpose of this Act to establish a demonstration program of providing incentives for the creation of tax enterprise zones in order to: (1) revitalize economically and physically distressed areas; (2) promote meaningful employment for zone residents; and (3) encourage individuals to reside in the zones in which they are employed. Subtitle A: Designation and Tax Incentives - Amends the Internal Revenue Code to provide for the designation of tax enterprise zones during calendar years after 1992 and before 1997: (1) by the Secretary of Housing and Urban Development, in the case of an urban tax enterprise zone; and (2) by the Secretary of Agriculture, in consultation with the Secretary of Commerce, in the case of a rural development investment zone. Sets forth the eligibility criteria for such designation for urban tax enterprise zones and for rural development investment zones. Allows an enterprise zone employment credit to small employers as a general business credit of 15 percent of the qualified zone wages. Allows a deduction for the purchase of enterprise zone stock paid in cash. Excludes from gross income 50 percent of qualified capital gain recognized on the sale or exchange of a new qualified zone asset held for more than five years. Subtitle B: Redevelopment Bonds for Tax Enterprise Zones - Sets forth special rules for tax-exempt redevelopment bonds which provide financing for tax enterprise zones for the first 60-month period after a zone is so designated. Subtitle C: Credit for Contributions to Certain Community Development Corporations - Allows a general business tax credit for contributions to selected community development corporations to provide employment of, and business opportunities for, low-income individuals who are residents of the operational area of the community. Subtitle D: Indian Employment and Investment - Amends the Internal Revenue Code to establish an Indian reservation credit as a tax credit for investment in qualified Indian reservation property. Allows businesses an employment credit of ten percent (30 percent in the case of an employer with an least 85 percent Indian employees) of the sum of the qualified wages and qualified employee health insurance costs paid or incurred during a taxable year. Subtitle E: Study - Requires the Secretary of the Treasury, in consultation with the appropriate Secretary, to contract with the National Academy of Sciences to report to the House Committee on Ways and Means and the Senate Committee on Finance on the effectiveness of the incentives provided by this subtitle in achieving its purposes. Title II: Authorization for Additional Assistance to Distressed Communities - Subtitle A: National Public-Private Partnership Programs - Expresses the sense of the Congress that public-private partnerships between government and community-based organizations offer an opportunity to empower residents of low-income distressed communities and to forge innovative solutions to the challenges confronting these communities, and that increased resources should be invested in such partnerships. Authorizes appropriations to promote certain national public-private partnerships for FY 1993 through 2002. Specifies amounts to be available only for projects or activities that directly and principally benefit the residents of tax enterprise zones. Subtitle B: Block Grant Funding for Eligible Programs - Authorizes appropriations for FY 1993 through 2002 for urban enterprise zones and rural development investment zones. Provides for the allocation and use of such amounts for carrying out selected programs within such zones. Specifies the eligible programs in the areas of: (1) crime and criminal justice; (2) job training; (3) education; (4) health and nutrition; and (5) housing and community development. Sets forth requirements for applying for funding. Establishes an interagency council to provide administrative assistance for functions under this title. Requires the council, one year after enactment of this Act, to report to the Congress on: (1) any alternative methods or systems for allocation of amounts made available for enterprise zones; and (2) any problems experienced in the implementation and administration of this subtitle. Subtitle C: Other Programs - Amends the Housing and Community Development Act of 1974 to waive the cap on assistance under the community development block grant program for units of general local government located within or containing an urban tax enterprise zone. Authorizes the Secretary of Housing and Urban Development to make loan guarantees for such units of local government for development activities. Amends the Job Training Partnership Act of establish the youth adult employment demonstration program to assist young adults with education, job training, and employment services in tax enterprise zones. National Community Economic Partnership Act of 1992 - Authorizes the Secretary of HHS to provide nonrefundable lines of credit to community development corporations for the establishment, maintenance or expansion of revolving loan funds to be utilized to finance projects intended to provide business and employment opportunities for low-income, unemployed, or underemployed individuals and to improve the quality of life in urban and rural areas. Provides assistance to community development corporations to upgrade the management and operating capacity of such corporations and to enhance the resources available to enable such corporations to increase their community economic development activities. Requires the Secretary to award grants to organziations to enable them to undertake programs involving research, testing, studies or demonstrations related to community economic development. Directs the Secretary to develop and promulgate joint community development activity programs with other agencies. Enterpise Capital Access Fund Demonstration Program - Establishes a demonstration program to provide loans and technical assistance grants to nonprofit financial intermediaries in order to finance business and employment opportunities, low-income housing opportunities, and neighborhood revitalization projects. Establishes within HUD an Office of Community Banking to carry out this title. Directs the Secretary of Labor, in consultation with the Secretary of Transportation, to establish a Reverse Commuting Demonstration Program to test the effects of assisting residents of poor inner-city areas to commute to job sites in other areas of the city or surrounding suburbs.
United States · United States Congress · 21 January 1993
Amends the Impoundment Control Act of 1974 to direct the Secretary of the Senate or the Clerk of the House of Representatives, when any general or special appropriation bill or any bill or joint resolution making supplemental, deficiency, or continuing appropriations passes both Houses of the Congress in the same form, to cause the enrolling clerk of the appropriate House to enroll each item of the bill or joint resolution as a separate bill or joint resolution. Applies this Act to bills and joint resolutions agreed to by the Congress during the two-year period beginning on this Act's enactment date.
United States · United States Congress · 21 January 1993
Insurance Competitive Pricing Act of 1993 - Amends the McCarran-Ferguson Act to eliminate the antitrust exemption applicable to the business of insurance where the conduct of an individual engaged in such business involves: (1) price fixing; (2) allocating with a competitor a geographical area in which, or persons to whom, insurance will be offered for sale; (3) unlawfully tying the sale or purchase of one type of insurance to that of another type or of any other service or product; or (4) monopolizing, or attempting or conspiring to monopolize, any part of such business. Retains such exemption for conduct involving the making of a contract, or engaging in a combination or conspiracy, to: (1) collect or disseminate historical loss data; (2) determine a loss development factor applicable to such data; or (3) perform actuarial services if such contract, combination, or conspiracy does not involve restraint of trade.
United States · United States Congress · 21 January 1993
National Voter Registration Act of 1993 - Requires States to establish procedures with respect to presidential and congressional elections to permit voter registration by: (1) application in person simultaneously with application for a motor vehicle driver's license; (2) mail application; or (3) application in person at designated Federal, State, or nongovernmental office locations. Declares that this Act does not apply to any State that has no voter registration requirement with respect to elections for Federal office, or in which voters may register at the polling place at the time of a general election for Federal office. Amends Federal postal rate law to require the Postal Service to make certain lower postal rates available to State or local election officials who certify that a mailing is in furtherance of this Act. Directs the Federal Election Commission to develop a mail voter registration application form for Federal elections. Provides a private right of action for an individual aggrieved by a violation of this Act. Imposes criminal penalties for specified violations of this Act.
United States · United States Congress · 21 January 1993
Infrastructure Growth and Employment Act of 1993 - Authorizes the Secretary of Commerce, acting through the Economic Development Administration, to make grants to States or local governments for construction, renovation, repair, or other improvement of local public works projects (including projects for which Federal funding is authorized under other laws). Sets the Federal share at 80 percent of project cost. Terminates the making of such grants after the earlier of: (1) any three-consecutive-month period during which the national unemployment rate remained below six percent; or (2) September 30, 1994. Allocates funds among the States on the basis of a formula involving relative numbers of unemployed persons, average unemployment rates, and severity of unemployment. Reserves funds for projects of Indian tribes and Alaskan Native villages, minimum State allotments, and development and administration of each project. Requires that at least ten percent of total grant funds be set aside for grants to local governments with populations under 10,000. Sets project priority and preference requirements. Requires giving priority to applications from States or local governments with unemployment rates in excess of the national rates. Requires State and local prioritization of projects in their applications. Requires localization of unemployment rate determinations. Requires procedures which assure that adequate consideration is given to the relative needs of various sections of the country, based on factors including amount of unemployment or underemployment in construction and construction-related industries. Requires applicants to assure that, if funds are available, on-site labor work can begin within 90 days after project approval. Requires: (1) contracting out; (2) competitive bidding; (3) awards to the lowest responsive bid; (4) advertising specifications; (5) environmental law and regulation compliance; and (6) applicability of specified requirements involving Buy American provisions, minority participation, individuals with disabilities, and Davis-Bacon Act prevailing wage rates. Authorizes appropriations.
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Safe Streets for Women Subtitle A: Federal Penalties for Sex Crimes Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women Subtitle C: Safety for Women in Public Transit and Public Parks Subtitle D: National Commission on Violence Against Women Subtitle E: New Evidentiary Rules Subtitle F: Assistance to Victims of Sexual Assault Title II: Safe Homes for Women Subtitle A: Family Violence Prevention and Services Act Amendments Subtitle B: Interstate Enforcement Subtitle C: Arrest in Spousal Abuse Cases Subtitle D: Funding for Shelters Subtitle E: Family Violence Prevention and Services Act Amendments Subtitle F: Youth Education and Domestic Violence Subtitle G: Confidentiality for Abused Persons Subtitle H: Technical Amendments Subtitle I: Data and Research Title III: Civil Rights Title IV: Safe Campuses for Women Title V: Equal Justice for Women in the Courts Act Subtitle A: Education and Training for Judges and Court Personnel in State Courts Subtitle B: Education and Training for Judges and Court Personnel in Federal Courts Violence Against Women Act of 1993 - Title I: Safe Streets for Women - Safe Streets for Women Act of 1993 - Subtitle A: Federal Penalties for Sex Crimes - Amends the Federal criminal code to: (1) authorize judges to increase sentences for repeat sex offenders to up to twice that otherwise authorized by statute; and (2) require the U.S. Sentencing Commission to amend sentencing guidelines to increase the base offense level applicable to criminal sexual abuse. (Sec. 113) Requires that a court order restitution for violations of Federal sexual abuse laws. (Sec. 114) Authorizes appropriations to U.S. Attorneys to appoint victim/witness counselors for the prosecution of sex crimes and domestic violence crimes. Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to make grants to areas of high intensity crime against women. Authorizes the Director to make general grants to: (1) States to reduce violent crimes against women; and (2) Indian tribes to reduce violent crimes against women in Indian country. Subtitle C: Safety for Women in Public Transit and Public Parks - Amends the Urban Mass Transportation Act of 1964 to direct the Secretary of Transportation, from funds authorized under existing provisions, to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. Authorizes the Secretary to make grants and loans to States and local public bodies to increase the safety of public transportation through lighting, camera surveillance, security phones, or other projects. Directs the Secretary to provide grants and loans to study ways to reduce violent crimes against women in public transit through better design or operation of public transit systems. (Sec. 132) Amends: (1) the National Park System Improvements in Administration Act to authorize the Secretary of the Interior to provide assistance to reduce violent crime in the National Park System; and (2) the Land and Water Conservation Fund Act of 1965 to direct such Secretary to provide grants for capital improvements and other measures to increase safety in urban parks and recreation areas. Subtitle D: National Commission on Violence Against Women - Establishes the National Commission on Violence Against Women to promote a national policy on violent crime against women and to make recommendations on reducing such crime. Subtitle E: New Evidentiary Rules - Amends the Federal Rules of Evidence to exclude, in criminal cases other than sex offense cases, reputation or opinion evidence of the past sexual behavior of a victim from admission into evidence. Allows other types of evidence of a victim's past sexual behavior in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. (Sec. 152) Makes reputation or opinion evidence of the plaintiff's past sexual behavior inadmissible in a civil action involving allegations of actionable sexual misconduct. Makes other types of evidence of a plaintiff's past sexual behavior admissible in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. (Sec. 154) Makes evidence of an alleged victim's clothing, in a criminal case under Federal laws relating to sexual abuse, inadmissible to show that the victim incited or invited the offense. Subtitle F: Assistance to Victims of Sexual Assault - Amends the Public Health Service Act to allow States to use amounts transferred by the State under block grant provisions for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities. (Sec. 162) Requires grant recipients under this title to incur the full cost of forensic medical exams for victims of sexual assault. (Sec. 163) Amends the Runaway and Homeless Youth Act to direct the Secretary of Health and Human Services (HHS) to make grants to private, nonprofit agencies for street-based outreach and education for female runaway, homeless, and street youth who have been subjected to or are at risk of being subjected to sexual abuse. (Sec. 164) Amends the Federal Rules of Criminal Procedure to provide for a victim's right to make a statement at the sentencing of a criminal defendant in cases involving a crime of violence or sexual abuse. Title II: Safe Homes for Women - Safe Homes for Women Act of 1993 - Subtitle A: Family Violence Prevention and Services Act Amendments - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize the Secretary of HHS to award grants to one or more private, nonprofit entities to provide for the operation of a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence. Subtitle B: Interstate Enforcement - Amends the Federal criminal code to provide for a Federal term of imprisonment or fine, in addition to any State penalties, for any person who: (1) in the course of or as a result of travelling across State lines injures his or her spouse or intimate partner (partner); (2) crosses State lines for the purpose of harassing, intimidating, or injuring a partner and who injures such partner; (3) causes a partner to cross State lines by force, coercion, duress, or fraud and who injures such partner; or (4) commits such acts in violation of a valid protection order issued by a State. Provides for temporary protection orders while a case under these provisions is pending. Mandates that a court order restitution to the victim of an offense under this Act. Requires, provided certain conditions are met, that a protection order issued by the court of one State be accorded full faith and credit by the court of another State. Subtitle C: Arrest in Spousal Abuse Cases - Amends the FVPSA to authorize the Secretary of HHS to make grants, with regard to spousal abuse, to: (1) implement pro-arrest programs and policies in police departments and improve case tracking; (2) centralize police enforcement, prosecution, or judicial responsibility for cases in one group of officers, prosecutors, or judges; (3) coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts; and (4) educate judges to improve judicial handling of cases. Subtitle D: Funding for Shelters - Amends the FVPSA to authorize appropriations to carry out that Act. Subtitle E: Family Violence Prevention and Services Act Amendments - Amends the FVPSA to require that: (1) applications for State demonstration grants include a plan to address the needs of underserved populations; and (2) upon completion of activities funded, the State grantee file a performance report explaining the activities carried out together with an assessment of the effectiveness of such activities. Subtitle F: Youth Education and Domestic Violence - Amends the FVPSA to direct the Secretary of Education to select, implement, and evaluate four model programs for education of young people about domestic violence and violence among intimate partners, with one program for each of primary, middle, and secondary schools, and institutions of higher education. Subtitle G: Confidentiality for Abused Persons - Requires the U.S. Postal Service to promulgate regulations to secure the confidentiality of abused persons' addresses. Subtitle H: Technical Amendments - Amends the FVPSA to: (1) include among the duties of State domestic violence coalitions to work with local domestic violence programs and providers of direct services to encourage appropriate responses to domestic violence within the State; and (2) make technical amendments to such Act. Subtitle I: Data and Research - Requires: (1) the Director of the National Institute of Justice (NIJ) to request the National Academy of Sciences to enter into a contract to develop a research agenda to increase the understanding and control of violence against women; (2) the NIJ to study and report to the States and the Congress on how the States may collect centralized databases on the incidence of domestic violence offenses within a State; and (3) the Secretary of HHS to conduct a study to obtain a national projection of the incidence of injuries resulting from domestic violence, the cost of injuries to health care facilities, and recommend health care strategies for reducing the incidence and cost of such injuries. Title III: Civil Rights - Civil Rights Remedies for Gender-Motivated Violence Act - Declares that all persons within the United States shall have the right to be free from crimes of violence motivated by the victim's gender. Makes any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives another of such right, liable to the injured party in an action for compensatory and punitive damages, injunctive and declaratory relief, and such other relief as the court deems appropriate. (Sec. 303) Allows the awarding of attorney's fees in actions to enforce this title. (Sec. 304) Expresses the sense of the Senate that news media, law enforcement officers, and other persons should exercise restraint, and respect a rape victim's privacy, by not disclosing the victim's identity to the general public or facilitating such disclosure without the victim's consent. Title IV: Safe Campuses for Women - Amends the Higher Education Amendments of 1992 to authorize appropriations for grants for campus sexual offenses education and prevention programs. Title V: Equal Justice for Women in the Courts Act of 1993 - Equal Justice for Women in the Courts Act of 1993 - Subtitle A: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to make grants for model programs to be used by States in training judges and court personnel in State laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Subtitle B: Education and Training for Judges and Court Personnel in Federal Courts - Encourages the circuit judicial councils to conduct studies of any instances of gender bias in legal proceedings in their respective circuits. Authorizes the Federal Judicial Center to include in its educational and training programs information on issues related to gender bias in the courts. (Sec. 522) Directs the Judicial Conference to allocate funds (as specified) to Federal circuit courts that: (1) undertake studies under this subtitle in their circuits; or (2) implement reforms recommended as a result of such studies in their own or other circuits, including education and training.
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: General Requirements for Leave Title II: Leave for Civil Service Employees Title III: Commission on Leave Title IV: Miscellaneous Provisions Title V: Coverage of Congressional Employees Family and Medical Leave Act of 1993 - Title I: General Requirements for Leave - Establishes requirements for unpaid family and medical leave for permanent employees. (Sec. 101) Makes employees eligible for such leave if they have been employed, by the employer from whom leave is sought, for at least: (1) a total of 12 months; and (2) 1,250 hours of service during the previous 12-month period. (Excludes: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under title II of this Act.) (Sec. 102) Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; and (2) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows intermittent leave for necessary medical treatment of an employee or family member. Allows the employer to require a temporary transfer to an equivalent alternative position that better accommodates such intermittent leave. Allows all leave under this title to: (1) be taken on a reduced leave schedule, upon agreement with the employer; and (2) consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Does not require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Provides that such unpaid leave shall not affect an employee's exempt status for purpose of certain wage and hour requirements under the Fair Standards Act of 1938. Requires employees to: (1) give at least 30 days' notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. (Sec. 103) Sets forth conditions of certification for leave entitlements under this Act. (Sec. 104) Requires restoration of the employee to his or her position or an equivalent position upon return from such leave. Allows an employer to deny such restoration to certain highly compensated employees, under specified conditions (the highest paid ten percent of the employer's employees within a 75-mile radius of a facility; the denial must be necessary to prevent substantial and grievous economic injury to the employer's operations). Requires maintenance of employee health benefits during such leave. (Sec. 105) Prohibits interference with or discrimination against employees exercising rights under this title. (Sec. 106) Sets forth the investigative authority of the Secretary of Labor under this title. (Sec. 107) Provides for enforcement of this Act. Provides for administrative and civil actions. Makes an employer who violates this title's prohibitions against interference or discrimination liable for damages in the amount of: (1) any wages, salary, employment benefits, or other compensation denied or lost; (2) (where such compensation has not been denied or lost) any actual monetary losses, such as the cost of providing care; (3) interest on such losses; and (4) liquidated damages under certain conditions. Makes such employers also liable for appropriate equitable relief, including, without limitation, employment, reinstatement, and promotion. Sets forth provisions for attorney's fees, limitation of actions, injunctions, other equitable relief, and the Solicitor of Labor's role in such litigation. (Sec. 108) Sets forth special rules concerning employees of local educational agencies and of private elementary and secondary schools. (Sec. 109) Sets forth requirements for posting notice and for fines. Title II: Leave for Civil Service Employees - (Sec. 201) Entitles eligible civil service employees to family and temporary medical leave for specified periods. Allows up to 12 administrative workweeks of leave without pay (or substituted paid leave) in any 12-month period for: (1) family leave (i.e., leave because of the birth or placement of a child or care of a sick spouse, child, or parent); or (2) temporary medical leave for a serious health condition that makes the employee unable to perform the functions of their position. Sets forth: (1) requirements for employees to give prior notice; (2) certification provisions; (3) protections for job position and health insurance benefits; and (4) prohibitions against coercion. Requires the Office of Personnel Management to prescribe regulations for this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Leave - (Sec. 301) Establishes the Commission on Leave. (Sec. 302) Requires the Commission to conduct a comprehensive study of: (1) existing and proposed leave policies; (2) the potential costs, benefits, and impact on productivity of such policies on employers; and (3) alternative and equivalent State enforcement of this Act with respect to employees of local educational agencies and private schools. Requires the Commission to report on such study to the Congress within two years after the Commission first meets. (Sec. 306) Terminates the Commission within 30 days after its report to the Congress. Title IV: Miscellaneous Provisions - (Sec. 401 and Sec. 402) Sets forth the effect of this Act on other laws and existing employment benefits. (Sec. 403) Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. (Sec. 404) Directs the Secretary of Labor to prescribe regulations to carry out this title (except those provisions applicable to the Senate) within 60 days. Title V: Coverage of Congressional Employees - (Sec. 501) Applies the rights and protections established under specified provisions of title I of this Act to Senate employees. Makes specified provisions of the Government Employee Rights Act of 1991 applicable, with certain exceptions. Provides that allegations shall be considered by the Office of Senate Fair Employment Practices or another entity designated by the Senate. Requires such Office to ensure that Senate employees are informed of their rights under this Act. (Sec. 502) Applies the rights and protections under title I of this Act to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Makes the remedies and procedures under the Fair Employment Practices Resolution applicable in administering such coverage.
United States · United States Congress · 21 January 1993
Equal Remedies Act of 1993 - Amends Federal law relating to damages in cases of intentional employment discrimination to remove provisions limiting the dollar amount of damages awarded for pecuniary and nonpecuniary losses and punitive damages.
United States · United States Congress · 8 October 1992
National Child Protection Act of 1992 - Establishes a national criminal background check system to which a designated criminal justice agency in each State is required to report or index child abuse crime information, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting or indexing of such information; and (2) timetables for each State to provide such information to such system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liaison for the exchange of technical assistance in cases of child abuse with the National Centers: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this Act; and (2) a summary of each State's progress in reporting child abuse crime information to the national criminal background check system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Provides for background check procedures. Allows entities that provide child care or child care placement services (including businesses or organizations that license or certify others to provide such services) to request State agencies to review State and Federal records through the national system to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. Directs the Attorney General to establish guidelines for such State background check procedures, permitting equivalent procedures under specified conditions. Authorizes the Attorney General to prescribe by regulation any other measures necessary to carry out this Act. Directs the Attorney General to encourage use of the best technology available in conducting background checks. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for use of certain formula grants to improve State record systems and the sharing of records of child abuse crime information to implement this Act. Directs the Attorney General to make additional grants to States to improve specified aspects of the child abuse crime information system, subject to appropriations and with preference to States having the lowest percent currency of case dispositions in computerized criminal history files. Authorizes appropriations for such additional grants. Authorizes the Attorney General, beginning one year after enactment of this Act, to reduce by up to ten percent the allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 if the State is not in compliance with the child abuse crime information timetable established for it under this Act.
United States · United States Congress · 5 October 1992
Title I: Child Protection - National Child Protection Act of 1992 - Establishes a national criminal background check system (system) to which a designated agency in each State is required to report child abuse crime information, or index such information in the system, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to the system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liaison for the exchange of technical assistance in cases of child abuse with the National Center: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this title; and (2) a summary of each State's progress in reporting child abuse crime information to the system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Authorizes a State to have in effect procedures to permit a qualified entity (i.e., a business or organization that provides child care or child care placement services, or that certifies others to provide such care or services) to contact a State agency to request a nationwide background check to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. Directs the Attorney General to establish: (1) guidelines for State background check procedures, but permits the Attorney General to certify that a State procedure is equivalent to that under this title under specified circumstances; and (2) criteria for such certifications. Authorizes the Attorney General to: (1) prescribe such other measures as may be required to carry out the purposes of this title; and (2) encourage the use of the best technology available in conducting background checks. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this title. Directs the Attorney General, subject to appropriations and with preference to States that have the lowest percent currency of case dispositions in computerized criminal history files, to make additional grants to each State to be used, for purposes of this title: (1) for the computerization of criminal history files; (2) for the improvement of existing computerized criminal history files; (3) to improve accessibility to the system; and (4) to assist the State in the transmittal of criminal records to, or the indexing of criminal history records in, the system. Authorizes: (1) appropriations; and (2) the withholding of a portion of the allocation for a fiscal year under the Omnibus Act to a State that is not in compliance with the timetable established under this title. Title II: Notification of Release of Prisoners - Requires the Bureau of Prisons, at least five days prior to the release of a prisoner convicted of a drug trafficking crime or crime of violence on supervised release (or, in the case of a prisoner on supervised release, at least five days prior to the date on which the prisoner changes residence to a new jurisdiction), to provide written notice of the release (or change of residence) to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside, with exceptions. Specifies that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, the reference to supervised release in such provision shall be deemed to be a reference to probation or parole. Title III: Bail Posting Reporting - Illegal Drug Profits Act of 1991 - Requires each clerk of a Federal or State criminal court to: (1) report to the Internal Revenue Service the name and taxpayer identification number of any individual charged with a criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000, and any individual or entity posting such cash bail for or on behalf of such individual; and (2) submit a copy of each report of cash bail to the offices of the U.S. Attorney and of the local prosecuting attorney for the jurisdiction in which the defendant resides (and the jurisdiction in which the criminal offense occurred, if different). Directs the Secretary of the Treasury to promulgate such regulations as are necessary within 90 days of the enactment of this Act. Title IV: Insurance Fraud - Amends the Federal criminal code to establish penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) willfully embezzle or misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person, or to deceive any officer of such person or any insurance regulatory official, about the financial condition or solvency of such business; and (4) by threats or force, corruptly influences, obstructs, or endeavors corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this title. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud. Title V: Art Theft - Establishes penalties for the theft of major art works from museums. Title VI: Trafficking in Counterfeit Goods - Increases penalties for trafficking in counterfeit goods and services. Title VII: Crime Victims - Victims' Rights and Restitution Act of 1992 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Title VIII: Sentencing Provisions - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission. Authorizes the court to resentence a defendant who violates a condition of probation at any time prior to the expiration or termination of the term of probation. Directs the court to revoke: (1) probation or supervised release and require the defendant to serve a term of imprisonment (with respect to supervised release, up to the maximum authorized) if the court finds the defendant to be in unlawful possession of a controlled substance or firearm or otherwise in violation of a condition of probation or supervised release, or if the defendant refuses to cooperate in drug testing (thereby violating such a condition); and (2) a term of supervised release and require the defendant to serve in prison all or part of the term of release authorized by statute for the offense that resulted in such term, without credit for time previously served on post-release supervision, if the court finds by a preponderance of the evidence that the defendant violated a condition of supervised release, subject to specified limitations. Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the length of such a term of release shall not exceed that authorized by statute for the offense of which the defendant was convicted, minus any term of imprisonment that was imposed upon revocation of supervised release. Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release, and to order the defendant to serve a term of imprisonment and, subject to certain limitations, a further term of supervised release, extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to such expiration, a warrant or summons has been issued on the basis of an allegation of such a violation. Title IX: Sentencing and Magistrates Amendments - Amends the Federal criminal code to: (1) authorize probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense; (2) make an exception for petty offenses to the rule (under current law) that a person charged with a misdemeanor may elect to be tried before a judge of the district court for the district in which the offense was committed; (3) authorize the magistrate judge, in a petty offense case involving a juvenile, to exercise all powers granted to the district court; and (4) authorize a magistrate judge who has sentenced a person to a term of supervised release to revoke or modify the term or conditions of such release. Title X: Attorneys' Fees Reimbursement Act - Amends the Federal judicial code to provide for the reimbursement of attorney's fees for current and former employees of the Department of Justice or the Federal public defender who were the subject of a criminal or disciplinary investigation related to such employee's discharge of official duties, where the investigation resulted in neither disciplinary action nor a criminal indictment against such employee. Requires the official making the award of reimbursement to make an inquiry into the reasonableness of sum requested, based on specified guidelines. Title XI: Precursor Chemicals Act - Chemical Control Amendments Act of 1992 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tabulating machine, or encapsulating machine. Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered. Directs the Attorney General to: (1) remove from exemption a drug or group of drugs (drug) that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance, based on: the scope, duration, and significance of the diversion; whether the drug is formulated in such a way that it cannot be easily used in such illicit production; and whether the listed chemical can be readily recovered from the drug; removed from exemption to the most particularly identifiable type of drug for which evidence of diversion exists unless there is evidence, be limited to that particular drug. Sets forth procedures, and factors to be considered, with respect to reinstatement of the exemption for particular drug products. Requires every person who manufactures 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, with exceptions. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance by the applicant with applicable Federal, State, and local law; (3) any prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) any past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety. Makes provisions with respect to: (1) the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals; (2) person required to register applicable to importers and exporters of such chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest specifies that that such registration shall not be required for the import or export of certain exempted drug products. Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person with exceptions. Makes a person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader with respect to that transaction subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Authorizes the Attorney General to: (1) require that the 15-day notification requirement with respect to the importation and exportation of listed chemicals apply to all exports of a specific listed chemical to a specified country, regardless of the status of certain customers in such country as "regular customers," if the Attorney General finds that such notification is necessary to support effective chemical diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15-day notification requirement for exports of a specific listed chemical to specified country, and for the importation of a specific listed chemical, if such notification is not required for effective chemical diversion control, subject to specified requirements. Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical, knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the notification requirement by misrepresenting either the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; and (3) importing or exporting a listed chemical in violation of provisions regarding persons required to register and regarding brokers and traders for international transactions in listed chemicals that are regulated transactions solely because of such persons' involvement as brokers or traders. Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. Eliminates "regular supplier" status and creates "regular importer" status. Modifies the definition of "controlled premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained. Permits officers or employees designated by the Attorney General to inspect, and inventory any stock of, listed chemicals, subject to specified requirements. 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. Specifies that, in addition to any penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical. Expands forfeiture provisions to include: (1) moneys and proceeds traceable to exchanges for listed chemicals; and (2) listed chemicals and drug manufacturing equipment imported, exported, manufactured possessed, distributed, or intended to be distributed, imported, or exported, in violation of specified provisions (currently, felony provisions) of the Comprehensive Act. Title XII: Restitution Improvement Act - Amends the Federal criminal code to authorize the court when sentencing a defendant convicted of an offense under the code or under specified provisions of the Federal Aviation Act of 1958, to require such defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Title XIII: Parental Kidnapping - International Parental Kidnapping Crime Act of 1992 - Amends the Federal criminal code to 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. Makes it an affirmative defense that the defendant: (1) acted within the provisions of a valid court order granting the defendant legal custody or visitation rights, and that such order was obtained pursuant to the Uniform Child Custody Jurisdiction Act and was in effect at the time of the offense; (2) was fleeing an incidence or pattern of domestic violence; and (3) had physical custody pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible. Expresses the sense of the Congress that, inasmuch as use of the procedures under the Hague Convention of the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures (where applicable) should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent. Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Title XIV: Mail Fraud Extension - Extends mail fraud provisions under the Federal criminal code to cover private or commercial interstate carriers. (Current provisions apply only to frauds perpetrated with respect to matter to be sent or delivered through the U.S. Postal Service.) Title XV: Forfeiture Audit Requirement - Amends the Federal judicial code to direct the Attorney General to: (1) require that any State or local law enforcement agency receiving Federal asset forfeiture funds conduct an annual audit detailing the uses and expenses to which the funds were dedicated and the amount used for each use or expense, and report the results to the Attorney General; and (2) include within the Attorney General's report to the Congress all such annual audit reports from State and local law enforcement agencies and a report for such fiscal year describing the administrative and contracting expenses paid from the Department of Justice Assets Forfeiture Fund. Title XVI: Receipt of Stolen Property Amendments - Amends the Federal criminal code to provide that, whenever in the code an element of an offense is that property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated (stolen) and the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be stolen. Title XVII: Telemarketing Fraud - Consumer Protection Against Credit Card Fraud Act of 1992 - Amends the Federal criminal code to establish penalties for knowingly and with intent to defraud: (1) effecting transactions with one or more access devices (ADs) issued to another person to receive payment or any other thing of value during any one-year period the aggregate value of which is equal to or greater than $1,000; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD. Title XVIII: DNA Testing - DNA Identification Act of 1992 - 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. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation (FBI); (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to any defendant for criminal defense purposes, and if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this Act. Authorizes appropriations. Requires the Director: (1) within 180 days, to appoint an advisory board on DNA quality assurance methods; and (2) appoint members of the board from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials. Specifies that the advisory board shall: (1) include as members scientists from State and local forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology; and (2) develop, and if appropriate, periodically revise recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting analyses of DNA. Requires: (1) the Director, after taking into consideration such recommended standards, to issue (and periodically revise) standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting DNA analyses; and (2) that such standards specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories and include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Specifies that: (1) until such time as the advisory board has made recommendations to the Director and such Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director's standards for purposes of this subtitle; and (2) the board shall cease to exist five years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the FBI. Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains. Specifies that such index may include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses. Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this Act are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director to submit an annual report on the results of such tests to specified congressional committees for five years after the enactment of this Act and arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year. Restricts disclosure of DNA tests performed for a Federal law enforcement agency. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency by virtue of employment of official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. Title XIX: Torture Convention - Amends the Federal criminal code to establish penalties for committing or attempting to commit torture outside the United States. Grants jurisdiction over such activity if the alleged offender is: (1) a U.S. national; or (2) present in the United States. Makes this title effective on the latter of the date of enactment of this title or the date the United States has become a party to the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Title XX: Technical Provisions - Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth provisions with respect to U.S. jurisdiction over crimes against U.S. nationals on foreign vessels. Establishes criminal penalties for: (1) receiving the proceeds of extortion or kidnapping; (2) receiving the proceeds of a postal robbery; and (3) attempted robbery, kidnapping, smuggling, and malicious mischief. Title XXI: Computer Abuse - Computer Abuse Amendments Act of 1992 - 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 computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison. Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year. Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitations of two years from the date of the act complained of, or from the date of discovery of the damage. Requires the Attorney General to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecutions under this Act. Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Title XXII: FBI Subscriber - Amends the Federal criminal code to authorize the Director of the FBI or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director (or his designee in a position not less than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that such information is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that the person to whom the information sought pertains is a foreign power or agent (current law does not specify the type of information sought or the position of the designee, and excludes all that follows); and (2) the name, address, and length of service of a person if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies that the information sought is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that communication facilities registered in the name of the person have been used through the services of such provider in communication with an individual who is or has been engaged in international terrorism or clandestine intelligence activities, or with a foreign power or agent under circumstances giving reason to believe that the communication concerned international terrorism or clandestine intelligence activities, that involve or may involve a violation of U.S. criminal statutes. Requires the Director to report to the House and Senate Judiciary Committees with respect to semi-annual reports concerning requests for information under such provision.
United States · United States Congress · 2 October 1992
Amends the Public Health Service Act to authorize grants or contracts to operate population-based, statewide cancer registries in order to collect certain data for each form of in-situ and invasive cancer except basal cell and squamous cell carcinoma of the skin. Authorizes grants for planning the registries. Authorizes the Secretary of Health and Human Services, directly or through grants and contracts, or both, to provide technical assistance to the States in the establishment and operation of statewide registries. Mandates a study on factors contributing to elevated rates of breast cancer mortality in Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and the District of Columbia. Authorizes appropriations.
United States · United States Congress · 28 September 1992
Commends: (1) the people of Thailand for their commitment to civilian democracy; and (2) Thailand's interim government on its leadership in investigating the May 1992 violence and upholding its commitment to conducting fair elections. Congratulates Thailand's four pro-democracy parties on their victory. Encourages the new Government of Thailand to complete the official investigation into the May 1992 events. Supports resuming U.S. foreign economic assistance to Thailand once the newly elected government has taken office.
United States · United States Congress · 22 September 1992
Environmental Aid and Trade Act of 1992 - Amends the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, the Foreign Assistance Act of 1961, the Export Enhancement Act of 1988, and the Export-Import Bank Act of 1945 to: (1) declare U.S. policy to foster the export of U.S. goods and services to control or reduce pollution and to clean up existing pollution problems; and (2) direct the Secretary of State, the Agency for International Development, the Overseas Private Investment Corporation, the Department of Commerce, and the Export-Import Bank of the United States to implement specified measures to foster such policies, including establishment of Environmental Business Centers and an Environmental Competitor Program Officer in U.S. embassies in countries that are important competitors for U.S. exports of environmental goods and services. Requires the President to establish the Environmental Trade Promotion Working Group as a subcommittee of the Trade Promotion Coordination Committee.
United States · United States Congress · 12 August 1992
Weapons Proliferation Containment Act of 1992 - Title I: Establishment of the Non-Proliferation Agency and the Special Task Force on Non-Proliferation - Establishes the Non-Proliferation Agency within the executive branch. Bars a person serving on active duty as a commissioned officer of the armed forces from being appointed Director of the Agency. Grants the Director primary responsibility for controlling the transfer to foreign countries of military equipment and technology and dual-use goods and technology. Authorizes the Director to enter into international agreements for control of items of the type controlled under this Act or items on the U.S. Munitions List under the Arms Export Control Act. Amends the Arms Export Control Act to require the Director, in making a decision of issuing an export license for an article on the U.S. Munitions List, to take into account whether the export of such article will contribute to an arms race, support international terrorism, increase the possibility of outbreaks or escalation of conflict, or prejudice the development of arms control agreements. Confers specified authorities under such Act which are currently the responsibility of other Federal agencies or officials on the Director. Requires the Director to maintain a consolidated Dual-Use Security Transfers List to identify dual-use goods and technology subject to controls under this Act. Authorizes the Director to prohibit or curtail the export of listed goods or technology which is subject to U.S. jurisdiction or exported by any person subject to such jurisdiction. Requires validated licenses for the export of listed goods or technology. Designates items to be included on the List. Provides for the annual review of the List and modifications, as appropriate. Bars the removal of an item from a list, in the case of controls implemented in cooperation with multilateral arrangements, without the agreement of governments participating in such arrangements. Establishes the Special Task Force on Non-Proliferation to advise the Director on the control of security exports. Directs the Secretary of the Treasury to instruct the U.S. executive directors of the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, and the Asian Development Bank to oppose any loans or funding to any nation that is not a party to, or has violated, specified international agreements relating to conventional weapons and weapons of mass destruction. Title II: Transfer of Functions and Saving Provisions - Transfers to the Director functions of: (1) the Nuclear Regulatory Commission concerning approval of licenses for exports of production or utilization facilities or source or special nuclear materials; (2) the Department of Commerce concerning regulation of nuclear exports under the Nuclear Non-Proliferation Act of 1978 and approval of export licenses for dual-use items under the Export Administration Act of 1979; and (3) the Department of State concerning approval of export licenses for defense articles and services under the Arms Export Control Act. Sets forth additional transfer and savings provisions. Title III: Effective Date - Requires this Act to take effect 180 days after its enactment date.
United States · United States Congress · 31 July 1992
Condemns the killing and destruction by the political factions in Somalia. Urges such factions to abide by the United Nations (UN) ceasefire and to allow the deployment of security forces to protect humanitarian relief deliveries and workers. Commends the efforts of UN Secretary-General Boutrous Ghali and his Special Envoy to Somalia, Ambassador Sahnoun. Pays tribute to the actions of relief agencies working in Somalia. Recognizes the July 27, 1992, statement of the President urging the UN to deploy a sufficient number of security guards to permit relief supplies to move into and within Somalia, and committing funds for such an effort. Calls upon: (1) the international community to immediately expand its relief efforts in Somalia; and (2) the President to work with the UN Security Council to deploy security guards immediately to assure that humanitarian relief gets to those most in need.
United States · United States Congress · 27 July 1992
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 23, 1992, as National Military Families Recognition Day.
United States · United States Congress · 2 July 1992
Radio Free China Act of 1992 - Amends the Board for International Broadcasting Act of 1973 to authorize the Board for International Broadcasting to designate one organization constituted on the model of Radio Free Europe/Radio Liberty (RFE/RL), Incorporated, to carry out radio broadcasting to China. Designates such broadcasts as Radio Free China. Increases the number of Board members. Limits terms of Board members who are presidential appointees to three years. Sets forth additional provisions concerning membership terms.
United States · United States Congress · 2 July 1992
National Security Budget Priorities Act of 1992 - Amends the Congressional Budget Act of 1974 to require Congress to complete action on or before March 31 of each year on a concurrent resolution establishing the national security budget. Requires the resolution to set appropriate levels for the fiscal year beginning on October 1 of such year and planning levels for each of the two ensuing fiscal years for total new budget authority, budget outlays, direct loan obligations, and primary loan guarantee commitments for the national security discretionary spending category and the domestic discretionary spending category. Limits debate on such resolution to ten hours. Requires the concurrent resolution on the budget to be consistent with the national security budget.
United States · United States Congress · 2 July 1992
Collective Security Participation Resolution - Urges the President to take steps to negotiate, under Article 43 of the United Nations Charter, a special agreement or agreements with equitable terms under which designated forces from various countries, including the United States, would be available to the Security Council for the purpose of maintaining international peace and security. Urges the President to consult with the foreign affairs and defense committees of the Congress in the course of negotiating such an agreement. Expresses the intent of the Congress to give prompt consideration to any such agreement negotiated. Affirms the principle that, upon congressional approval of such an agreement, the President shall be authorized to direct that the U.S. armed forces designated in the agreement be employed as necessary to support decisions of the Security Council.
United States · United States Congress · 1 July 1992
States that the criminal act of stalking other persons is of deep concern. Directs the Attorney General, acting through the Director of the National Institute of Justice, to: (1) evaluate anti-stalking legislation and proposed legislation in the States; (2) develop model anti-stalking legislation that is constitutional and enforceable; (3) prepare and disseminate to State authorities the findings made as a result of the evaluation; and (4) report to the Congress on the need for further Federal action.
United States · United States Congress · 16 June 1992
Professional Boxing Corporation Act of 1992 - Establishes the Professional Boxing Corporation to work with State boxing authorities to establish uniform regulations for the protection of the health and safety of professional boxers. Requires the Corporation to be administered by an Executive Director who should be appointed by the President by and with the advice and consent of the Senate. Establishes a Professional Boxing Advisory Board. Sets forth the functions of the Corporation, which include: (1) providing a national computer source for certain boxing information; (2) licensing and certifying boxers, judges, referees, promoters, matchmakers, managers, trainers, cut men, and physicians; and (3) charging licensing and registration fees. Authorizes the Corporation to suspend or revoke any license or registration if it is in the public interest and there are reasonable grounds for believing: (1) prescribed standards are not being met; and (2) bribery, collusion, intentional losing, racketeering, extortion, or the use of unlawful threats, coercion, or intimidation have been used in connection with such licensing or registration. Authorizes the Corporation, after notice and opportunity for hearing, to prohibit the holding of a proposed boxing match if it is in the public interest and other specified conditions exist. Sets forth the powers of the Corporation. Declares that nothing in this Act shall prohibit a State agency from exercising its powers, duties, or functions with respect to the regulation of professional boxing matches. Authorizes the Corporation to secure assistance from other agencies. Establishes in the Treasury the Professional Boxing Corporation Trust Fund. Directs the Comptroller General to conduct annual audits of Corporation finances. Requires the Corporation to submit an annual report to the Congress. Authorizes State boxing authorities to submit to specified congressional committees a petition: (1) stating that this Act is unnecessary because it has established a similar organization; and (2) requesting a delay of the effective date or repeal of this Act.
United States · United States Congress · 4 June 1992
United States - China Act of 1992 - Prohibits the President from recommending for a 12-month period in 1993 continuation of a waiver of human rights and emigration requirements for nondiscriminatory treatment (most-favored-nation treatment) for China under the Trade Act of 1974 unless a specified report is submitted to the Congress stating that China has: (1) taken steps to adhere to the Universal Declaration of Human Rights in China and Tibet and allowed the unrestricted emigration of Chinese citizens who desire to leave for reasons of political or religious persecution; (2) accounted for and released prisoners who dissented in Tiananmen Square on June 3, 1989; and (3) prevented the export to the United States of products manufactured by convict or forced labor. Requires such report to state whether China has made significant progress in: (1) ceasing religious persecution in China and Tibet and releasing religious leaders incarcerated as a result of the expression of their religious beliefs; (2) ceasing unfair trade practices against U.S. businesses, and providing them access to Chinese markets, including lowering tariffs, removing nontariff barriers, and increasing the purchase of U.S. goods and services; and (3) adhering to the Missile Control Technology Regime, the Nuclear Suppliers Group controls and the Australian Group on Chemical and Biological Arms controls. Requires the President, if he recommends such extension, to include in a specified document submitted to the Congress a report on China's compliance with the above-mentioned objectives. Grants nondiscriminatory treatment to products produced by nonstate-owned enterprises in China. Requires the President, if he decides not to seek such extension, to ensure that members of the General Agreement on Tariffs and Trade take similar action with respect to China.
United States · United States Congress · 4 June 1992
Condemns the assassination of Judge Giovanni Falcone of Italy. Urges the Italian-American Working Group to vigorously continue its primary mission, as well as to investigate and prosecute those who perpetrated this violent crime.
United States · United States Congress · 21 May 1992
Designates August 1, 1992, the 17th anniversary of the signing of the Final Act of the Conference on Security and Cooperation in Europe (the Helsinki accords), as Helsinki Human Rights Day. Calls upon the President to: (1) issue a proclamation reasserting the U.S. commitment to full implementation of the Act, urging all signatory states to abide by their obligations under the Helsinki accords; (2) continue his efforts to achieve full implementation of the human rights and humanitarian provisions of the Helsinki accords by raising the issue of noncompliance on the part of any signatory State which may be in violation; (3) convey to all signatories that respect for human rights and fundamental freedoms continues to be a vital element of further progress in the ongoing Helsinki process; and (4) in view of the considerable progress made to date, develop new proposals to advance the human rights objectives of the Helsinki process, and in so doing address the major problems that remain.
United States · United States Congress · 20 May 1992
Condemns the violence in South Africa. Urges the Government of South Africa to take steps to end the violence and protect all South Africans. Expresses the sense of the Senate that the President should prepare and transmit to the Senate a report on the nature of the violence in South Africa, the role that the various particpants are playing, and the impact of such violence on South Africa's transition to democracy.
United States · United States Congress · 19 May 1992
Expresses the sense of the Senate that: (1) the Government of Thailand should promptly restore respect for human rights and democratic rule by taking specified steps, including: an immediate cessation of the use of lethal force against unarmed pro-democracy demonstrators; lifting the State of Emergency; releasing all those detained for the peaceful expression of their views; allowing those detained since May 18, 1992 immediate access to attorneys, medical personnel, and international humanitarian organizations; declaring amnesty for all those facing criminal charges since the February 1991 military coup for peacefully expressing their views; and fulfilling its stated commitment to peaceful negotiations and elected rule; (2) the U.S. Government should suspend joint military exercises with Thailand; and (3) the Secretary of State should convey these recommendations to the Thai authorities at the highest level and confirm that no U.S. economic or military assistance will be provided until a duly elected government is fully installed and human rights are respected.
United States · United States Congress · 14 May 1992
Weed and Seed Implementation Act of 1992 - Directs the Attorney General, in cooperation with other Federal agencies, to: (1) provide local communities with weed and seed program technical assistance; and (2) enter into weed and seed agreements with State, local, and private nonprofit entities to promote neighborhood revitalization. Directs the Attorney General to establish a Weed and Seed Council which shall: (1) review submitted weed and seed plans; (2) coordinate funding, services, and technical assistance; and (3) evaluate program impact in designated communities. Authorizes appropriations for: (1) intergovernmental weed and seed agreements; and (2) specified programs under the authority of the Secretary of Education. Obligates specified funds for weed and seed plans under the authority of: (1) the Department of Housing and Urban Development; (2) the Departments of Labor and of Health and Human Services; (3) the Special Supplemental Food Program for Women, Infants and Children (WIC); and (4) other Federal law. Authorizes permanent appropriations for weed and seed programs beginning with FY 1994. Obligates specified funds for weed and seed programs in enterprise and nonenterprise zones.
United States · United States Congress · 12 May 1992
Prohibits the Secretary of the Army from soliciting a bid or proposal for the construction of an incinerator of lethal chemical agents at Aberdeen Proving Ground, Maryland, until: (1) the Administrator of the Environmental Protection Agency has monitored the incineration of mustard gas on Johnston Island in the Pacific Ocean continuously for a period sufficient to evaluate whether the emissions from such incineration meet applicable environmental standards and determines that the Aberdeen emissions meet such standards; and (2) the National Academy of Sciences has issued its report on alternative chemical demilitarization technologies that states that there is no viable alternative to incineration as a technology for disposing of lethal chemical agents. Directs the Secretary to terminate the development of the Aberdeen incinerator if such conditions are not met.
United States · United States Congress · 6 May 1992
Authorizes the President, on behalf of the Congress, to present a gold medal to a representative of the American Philosophical Society in commemoration of the 250th anniversaries of the founding of the Society and the birth of Thomas Jefferson. Directs the Secretary of the Treasury to strike and deliver bronze duplicates of such medal to the Society, upon receipt of full payment for them.
United States · United States Congress · 6 May 1992
Congratulates the residents of Jerusalem and the people of Israel on the 25th anniversary of the reunification of that city. Urges that: (1) Jerusalem remain an undivided city in which the rights of every ethnic and religious group are protected; and (2) the President and Secretary of State issue an unequivocal statement in support of such principle.
United States · United States Congress · 5 May 1992
Infrastructure Growth and Employment Act of 1992 - Authorizes the Secretary of Commerce (the Secretary), acting through the Economic Development Administration, to make grants to any State or local government for construction, renovation, repair, or other improvement of local public works projects (including those State and local projects for which Federal funding is authorized under other laws). Sets the Federal share at 80 percent of project cost. Terminates the making of such grants after the earlier of: (1) any three-consecutive-month period during which the national unemployment rate remained below six percent; or (2) September 30, 1993. Allocates funds among the States on the basis of a formula involving relative numbers of unemployed persons, average unemployment rates, and severity of unemployment. Reserves specified portions of such funds for projects of Indian tribes and Alaskan Native villages, minimum State allotments, and development and administration of each project. Requires that at least ten percent of total grant funds be set aside and expended only for project grants to local governments with populations under 10,000. Requires that priority and preference be given to: (1) local government projects; (2) local-government-endorsed projects by States and special purpose units; (3) school district projects; (4) projects for industrial research or development parks which allocate space for new businesses; and (5) projects for applied research facilities which develop new products and processes (at higher education institutions). Requires expediting and giving priority to applications from States or local governments with unemployment rates for the past 12 months in excess of the national rates (and, after that, to those with average unemployment rates for that period in excess of six percent). Requires State and local prioritization of projects in their applications. Requires localization of unemployment rate determinations. Requires rules, regulations, and procedures which assure that adequate consideration is given to the relative needs of various sections of the country, based on various factors including amount of unemployment or underemployment in construction and construction-related industries. Prohibits use of funds for acquisition of land or for maintenance costs. Requires applicants to assure that, if funds are available, on-site labor work can begin within 90 days after project approval. Requires: (1) contracting out; (2) competitive bidding; (3) awards to the lowest responsive bid; (4) advertising specifications; (5) environmental law and regulation compliance; and (6) applicability of specified requirements involving Buy American provisions, minority participation, individuals with disabilities, and Davis-Bacon Act prevailing wage rates. Authorizes appropriations.
United States · United States Congress · 5 May 1992
Health Care Fraud Prosecution Act of 1992 - Amends the Federal criminal code to provide penalties for fraud by health care providers in connection with the provision of, or payments or reimbursement for, health care services or supplies, when: (1) the loss caused by the fraudulent conduct exceeds $10,000; or (2) the offender has previously been convicted of fraud in Federal or State court. Limits such penalties to ten years' imprisonment, unless the offense caused serious physical injury to, or endangered the life of, a patient (up to 20 years' imprisonment) or caused the death of a patient (up to life imprisonment). Specifies that the sentencing court: (1) shall order the offender to pay restitution to the patient and to the United States as payor for losses sustained as a result of the offender's fraudulent activity; and (2) may order the offender to pay restitution to others who sustained losses as a result of such activity. Provides for civil and criminal forfeiture of the proceeds of health care fraud. Authorizes the Attorney General to make payments of up to $10,000 to persons who furnish information unknown to the Government relating to a possible prosecution for health care fraud, with exceptions. Authorizes appropriations for the Federal Bureau of Investigation, U.S. Attorneys, and the Office of Inspector General of the Department of Health and Human Services to hire, equip, and train personnel in connection with the investigation and prosecution of health-care fraud cases. Includes within the scope of the mail fraud statute cases involving matter to be sent or delivered by any private or commercial interstate carrier.
United States · United States Congress · 7 April 1992
Democracy in Peru Act of 1992 - Calls upon the Peruvian President Alberto Fujimori and the Peruvian armed forces to: (1) restore the Peruvian Congress and judiciary to power; (2) respect the Peruvian Constitution; (3) restore and respect individual and human rights; and (4) renounce violence as a means of achieving political goals. Calls upon: (1) Peru's armed forces to submit to civilian control; and (2) the Organization of American States and the international community to consider measures to ensure that constitutional order is restored in Peru. Suspends all U.S. assistance (except humanitarian assistance) to Peru until the President certifies to the Congress that the conditions of this Act have been met.
![Official portrait of Sen. Biden, Joseph R., Jr. [D-DE]](https://www.congress.gov/img/member/b000444_200.jpg)