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45 records in 1994

Records

Bill· SS. 2554 (103rd)referred

Special Envoy for Tibet Act of 1994

United States · United States Congress · 7 October 1994

Special Envoy for Tibet Act of 1994 - Establishes a U.S. Special Envoy for Tibet within the Department of State, to be appointed by the President. Grants such envoy ambassadorial rank. Authorizes and encourages the Special Envoy to: (1) promote substantive negotiations between the Dalai Lama and senior members of the Chinese Government; (2) promote good relations between the Dalai Lama and the U.S. Government; and (3) travel regularly throughout Tibet and Tibetan refugee settlements. Requires the Special Envoy to: (1) consult with the Congress on policies relevant to Tibet; (2) coordinate U.S. Government policies, programs, and projects concerning Tibet; and (3) report to the Secretary of State on the state of relations between the United States and Tibet and on conditions in Tibet.

Bill· HRH.R. 5254 (103rd)referred

Special Envoy for Tibet Act of 1994

United States · United States Congress · 7 October 1994

Special Envoy for Tibet Act of 1994 - Establishes a U.S. Special Envoy for Tibet within the Department of State, to be appointed by the President. Grants such envoy ambassadorial rank. Authorizes and encourages the Special Envoy to: (1) promote substantive negotiations between the Dalai Lama and senior members of the Chinese Government; (2) promote good relations between the Dalai Lama and the U.S. Government; and (3) travel regularly throughout Tibet and Tibetan refugee settlements. Requires the Special Envoy to: (1) consult with the Congress on policies relevant to Tibet; (2) coordinate U.S. Government policies, programs, and projects concerning Tibet; and (3) report to the Secretary of State on the state of relations between the United States and Tibet and on conditions in Tibet.

Bill· SS. 2533 (103rd)referred

Immigration Control and Reform Act of 1994

United States · United States Congress · 6 October 1994

TABLE OF CONTENTS: Title I: Legal Immigration Reform Subtitle A: Admission of Legal Immigrants Subtitle B: Admission of Refugees Title II: Illegal Immigration Control Subtitle A: Land Borders Control Subtitle B: Ports of Entry Control Subtitle C: Overseas Airports Control Subtitle D: Alien Smuggling Control Subtitle E: Employer Sanctions Enforcement Subtitle F: Prohibition on Welfare Benefits to Illegal Aliens Subtitle G: State and Local Cooperation in Immigration Enforcement Title III: Exclusion and Deportation Reform Subtitle A: Criminal Aliens Subtitle B: Terrorist Aliens Subtitle C: Enforcement of Deportation Orders Subtitle D: Expedited Asylum Review at Ports of Entry Subtitle E: Asylum Reform Subtitle F: Miscellaneous Provisions Title IV: Effective Date Immigration Control and Reform Act of 1994 - Title I: Legal Immigration Reform - Subtitle A: Admission of Legal Immigrants - Amends the Immigration and Nationality Act (Act) to reduce annual legal immigration ceilings. Subtitle B: Admission of Refugees - Amends the Act to place an annual ceiling on refugee admissions. Title II: Illegal Immigration Control - Subtitle A: Land Borders Control - Directs the Attorney General to: ( 1) place additional physical barriers along the United States-Mexico border; and (2) establish an interior repatriation program. Subtitle B: Ports of Entry Control - Authorizes the Attorney General to require ships arriving at U.S. entry ports to give 24 hours advance notice to the Immigration and Naturalization Service (INS). Subtitle C: Overseas Airports Controls - Directs the Attorney General to determine the feasibility of establishing: (1) specified numbers of preinspection stations at foreign airports identified as last departure points for the greatest numbers of U.S.-arriving passengers; and (2) an air carrier consultant program. (Sec. 222) Provides for airline personnel training in fraudulent document detection. Subtitle D: Alien Smuggling Control - Amends the Act to increase INS forfeiture authority for smuggling or harboring illegal aliens. (Sec. 232) Brings alien smuggling operations under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 233) Increase penalties for certain alien smuggling offenses. (Sec. 234) Amends Federal law to authorize INS wiretaps for alien smuggling investigations. Subtitle E: Employer Sanctions Enforcement - Amends the Act with respect to employer sanction provisions, including: (1) work eligibility documents; and (2) social security telephone verification. Subtitle F: Prohibition on Welfare Benefits to Illegal Aliens - Prohibits the payment of: (1) direct Federal financial or social insurance benefits (except for emergency medical care) to illegal aliens; (2) unemployment benefits to aliens without employment authorization; or (3) housing benefits to illegal aliens. (Sec. 254) Authorizes appropriations for the automated System for Alien Verification of Eligibility (SAVE). Subtitle G: State and Local Cooperation in Immigration Enforcement - Prohibits Federal assistance to a State or locality that refuses to cooperate with the arrest and deportation of illegal aliens. (Sec. 262) Establishes a uniform vital statistics pilot program for three States with high numbers of undocumented aliens. Authorizes appropriations. Title III: Exclusion and Deportation Reform - Subtitle A: Criminal Aliens - Amends the Act to include aliens on criminal probation or criminal parole among the categories of aliens subject to special registration. (Sec. 302) Expands the definition of "aggravated felony." (Sec. 503) Expedites deportation proceedings for specified criminal aliens. (Sec. 303) Provides for judicial deportation of aliens convicted of an aggravated felony. (Sec. 304) Restricts specified deportation defenses. (Sec. 305) Directs the Secretary of State and the Attorney General to study the use and effectiveness of the Prisoner Transfer Treaty with Mexico to remove convicted aliens from the United States. Subtitle B: Terrorist Aliens - Amends the Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases. (Sec. 312) Makes membership in a terrorist organization a basis for U.S. exclusion. Subtitle C: Enforcement of Deportation Orders - Amends the Act to limit challenges to deportation orders. Subtitle D: Expedited Asylum Review at Ports of Entry - Amends the Act to revise port of entry alien inspection and exclusion provisions. Subtitle E: Asylum Reform - Amends the Act to revise asylum and related judicial review provisions. Subtitle F: Miscellaneous Provisions - Amends the Act to authorize telephonic or electronic deportation hearings. Title IV: Effective Date - Sets forth the effective date for provsions of this Act.

Bill· HRH.R. 5194 (103rd)referred

Women's Progress Assessment Act

United States · United States Congress · 5 October 1994

Women's Progress Assessment Act - Amends Federal census law to require the Secretary of Commerce (Secretary) to collect, compile, and publish statistics concerning the status of women and girls of all ages in the United States, in foreign countries, and in refugee camps, including statistics in the following priority areas: (1) participation in the labor force and educational and political institutions; (2) the structure of, care of, and support for families; and (3) fertility regulation behavior and health. Requires the Administrator of the United States Agency for International Development, acting through its regional bureaus as well as its offices of population and women in development, and the Secretary of State, acting through the Bureau for Refugee Programs, to collect the information concerning the foreign countries and refugee camps. Requires the Secretary, the Secretary of State, and the Administrator to seek to develop and establish internationally comparable measures and standard methodologies for collection of information on women and their roles in both a large scale quantitative manner and in-depth descriptive manner based on smaller samples, surveys, or case studies. Requires the U.S. Agency for International Development, the State Department, and the Bureau of the Census to incorporate these measures and methodologies into their current and future data collection effort. Requires the Bureau of the Census to promote these measures and methodologies in international programs. Requires the Secretary to publish the collected statistics, together with information obtained from other Federal entities: (1) for the United States, in 1997 and every second year thereafter; and (2) for foreign countries, in 1999 and every fifth year thereafter. Requires: (1) the Secretary to establish a Federal Forum on Women's Statistics; and (2) the Forum to meet semiannually to exchange information on current collection and survey initiatives and to avoid duplication of efforts, to identify gaps in data, and to carry out other activities as the Secretary shall designate.

Bill· HRH.R. 5157 (103rd)referred

Emergency Immigration Parole Correction Act of 1994

United States · United States Congress · 3 October 1994

Emergency Immigration Parole Correction Act of 1994 - Amends the Immigration and Nationality Act to prohibit parole status from being granted: (1) on the basis of immigrant, familial, or refugee status; or (2) to aliens detained by U.S. authorities. Prohibits the adjustment to permanent residence status of Cuban and Haitian public interest parolees.

Bill· HRH.R. 5130 (103rd)referred

Elementary and Secondary Education Amendments of 1994

United States · United States Congress · 29 September 1994

TABLE OF CONTENTS: Title I: Elementary and Secondary Education Program Authorized Title II: Amendments to Other Educational Programs Elementary and Secondary Education Amendments of 1994 - Title I: Elementary and Secondary Education Program Authorized - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to extend the period of authorization of payments to State educational agencies for grants entitlements for basic programs operated by local educational agencies under title I chapter 1 provisions for financial assistance to meet special educational needs of disadvantaged children. Extends the authorization of appropriations for the following ESEA programs: (1) participation of children enrolled in private schools in chapter 1 programs; (2) Even Start programs; (3) secondary school programs for basic skills improvement and dropout prevention and reentry; (4) funds for the implementation of school improvement programs; (5) certain Federal evaluation, coordination and technical assistance, and research activities; (6) rural educational opportunities; (7) studies; (8) Federal, State, and local partnership for educational improvement (as well as extending the duration of such payments); (9) Eisenhower mathematics and science education State grants, national programs, and regional mathematics and science education consortia; (10) foreign language assistance; (11) magnet schools assistance; (12) women's educational equity; (13) Ellender fellowship program; (14) immigrant education; (15) general assistance to the Virgin Islands and territorial training assistance; (16) programs under the Secretary's Fund for Innovation in Education (including instruction on the history and principles of democracy in the United States); (17) the Ready-to-Learn program of educational television and instructional video programming for preschool and elementary school children and their parents; (18) assistance to address school dropout problems; (19) assistance to provide basic skills improvement; and (20) bilingual education programs (including State data collection and dissemination). Title II: Amendments to Other Educational Programs - Extends the authorization of appropriations for the following educational programs: (1) adult education for the homeless and education for homeless children and youth under the Stewart B. McKinney Act; (2) Follow Through programs under the Follow Through Act; (3) impact aid programs under specified Federal laws; (4) Indian education programs involving financial assistance to local educational agencies, improvement of educational programs involving financial assistance to local educational agencies, improvement of educational opportunities, special educational training for teachers, fellowships for Indian students, gifted and talented education, adult education, and program administration, under the Indian Education Act of 1988; (5) refugee and immigrant education under the Refugee Education Assistance Act of 1980; (6) Native Hawaiian education programs involving model curriculum implementation, family-based education centers, higher education, gifted and talented education, and special education, under specified Federal law; (7) partnerships in education for mathematics, science, and engineering under the Education for Economic Security Act; (8) the National Center for Education Statistics under the General Education Provisions Act; (9) programs under the Fund for the Improvement of Schools and Teaching Act; and (10) the National Writing Project under the Education Council Act of 1991.

Bill· SS. 2448 (103rd)referred

Immigration Moratorium Act of 1994

United States · United States Congress · 21 September 1994

Immigration Moratorium Act of 1994 - Imposes a five-year immigration moratorium, with exceptions for refugees, certain priority and skilled workers, and immediate family members.

Bill· HRH.R. 4934 (103rd)referred

Immigration Reduction Act of 1994

United States · United States Congress · 10 August 1994

TABLE OF CONTENTS: Title I: Immigrants and Refugees Title II: Border Control Title III: Interior Enforcement Title IV: Document Reform Title V: State and Local Responsibilities Title VI: Public Benefits Abuse Title VII: Strengthening Citizenship Title VIII: Immigration and Naturalization Service Immigration Reduction Act of 1994 - Title I: Immigrants and Refugees - Amends the Immigration and Nationality Act to revise immigration levels with respect to: (1) the worldwide level of backlogged family-sponsored immigrants; and (2) allocations for priority-worker immigrants. (Sec. 102) Limits the number of refugees who may be admitted to the United States for special humanitarian concerns. (Sec. 103) Authorizes the granting of asylum to aliens who will be threatened in their country based upon race, religion, nationality, or political opinion. Prohibits such persons from receiving any preference or priority or from being discriminated against in the granting or termination of asylum based on race, sex, religion, or nationality. (Sec. 104) Repeals the authority to grant temporary protected status to aliens. Prohibits an alien who is excludable or deportable from remaining in the United States or engaging in employment in the United States. (Sec. 105) Prohibits the Attorney General from paroling into the United States groups or classes of aliens. Prohibits such aliens from being authorized to work in the United States. Limits the number of such parolees. Title II: Border Control - Increases the number of full-time border patrol personnel in the Immigration and Naturalization Service (INS). Authorizes appropriations for FY 1995 through 1999. (Sec. 202) Imposes a land border and port of entry user fee on persons entering the United States. Title III: Interior Enforcement - Increases the number of full-time investigative personnel in INS. (Sec. 302) Restores the authority of immigration officers and employees to conduct searches without warrants. (Sec. 303) Authorizes the Secretary of Defense to make available to the Attorney General defense facilities suitable for the detention of aliens. (Sec. 304) Grants the United States Court of Appeals for the Federal Circuit exclusive jurisdiction over immigration cases. (Sec. 305) Imposes a penalty on aliens for unlawful presence in the United States. Authorizes the seizure of certain property of deportable aliens. (Sec. 308) Requires the Attorney General to inform an alien who is departing voluntarily of the date and time such departure must be accomplished. Title IV: Document Reform - Revises provisions concerning the examination of work eligibility documents of aliens, including social security cards and identification cards issued by INS. (Sec. 402) Requires the Secretary of Health and Human Services to modify the Social Security data base to provide for an electronic verification system of information on aliens. (Sec. 403) Directs the Secretary to establish a national electronic network linking the vital statistics records of State agencies. (Sec. 404) Requires aliens who have not lawfully immigrated to the United States to be employed to obtain a visa for nonimmigrant status that explicitly contemplates employment. Title V: State and Local Responsibilities - Makes a State or local government or agency that does not cooperate with Federal immigration authorities ineligible for any Federal funds or assistance relating to law enforcement, education, public health, transportation, or public works. (Sec. 502) Requires State law enforcement agencies to notify the appropriate INS district office of alien arrests. (Sec. 503) Requires confidentiality of immigration-related communications. (Sec. 504) Authorizes the Attorney General to deputize state law enforcement officers to assist Federal officers in the apprehension of aliens in violation of immigration laws. Title VI: Public Benefits Abuse - Prohibits the payment of: (1) direct Federal financial or social insurance benefits to illegal aliens; or (2) unemployment benefits to aliens without employment authorization. (Sec. 603) Revises the requirements for immigrant sponsors with respect to their financial responsibilities. Title VII: Strengthening Citizenship - Prohibits automatic citizenship to persons born in the United States of parents who are not citizens. (Sec. 702) Restricts the voting privilege to citizens of the United States. (Sec. 703) Increases from 50 years to 60 years the age for which elderly aliens are exempt from English language requirements for naturalization. Declares that the commission of a fraud upon the INS shall be conclusive evidence that an alien lacks good moral character for purposes of naturalization requirements. (Sec. 704) Authorizes a State to commence a civil suit against the head of a Federal agency for immigration law violations. Title VIII: Immigration and Naturalization Service - Establishes INS as an agency of the Federal government outside of the Department of Justice.

Bill· SS. 2362 (103rd)referred

Comprehensive Torture Victims Relief Act

United States · United States Congress · 4 August 1994

Comprehensive Torture Victims Relief Act - Expedites refugee and asylum application procedures for torture victims. Directs the Centers for Disease Control to study torture victims living in the United States in order to identify their estimated number and distribution and the availability of recovery services. Amends the Immigration and Nationality Act to authorize appropriations for domestic treatment centers. Amends the Foreign Assistance Act of 1961 to authorize appropriations for: (1) foreign treatment centers; and (2) assistance to the United Nations Voluntary Fund for Victims of Torture.

Resolution· HRESH.Res. 471 (103rd)passed

To urge the Government of Burma (Myanmar) to release Aung San Suu Kyi, and for other purposes.

United States · United States Congress · 29 June 1994

Expresses the sense of the House that the Government of Burma (a.k.a. Myanmar) should: (1) immediately release political prisoners, including Aung San Suu Kyi; (2) permit the transfer of power to an elected civilian government based on the results of the 1990 election; (3) respect human rights and end forced labor; (4) allow free and confidential access to prisoners; (5) implement the Memorandum of Understanding with United Nations Commission on Human Rights and take specified steps concerning refugees; (6) respect the 1949 Geneva Conventions; and (7) take law enforcement actions against individuals engaged in illicit narcotics trafficking. Expresses the sense of the House that the President and other U.S. Government officials should: (1) urge the Burmese Government to release Aung San Suu Kyi and other political prisoners; (2) maintain the current ban on nonhumanitarian assistance to Burma and encourage other members of the international community to do so; (3) disperse funds previously appropriated for Burma to support assistance for Burmese refugees and students on the Thai/Burma border; (4) maintain current limitations on bilateral narcotics control assistance to the Burmese Government until it demonstrates a commitment to combating illicit narcotics production and trafficking; (5) continue to oppose loans to Burma; (6) consider imposing further economic sanctions on Burma; (7) support the appointment of a United Nations special envoy to focus on conflict resolution for Burma; (8) maintain the arms embargo against Burma; and (9) encourage the United Nations to ensure that their activities meet basic human needs and human rights and do not benefit the military regime in Rangoon.

Resolution· SRESS.Res. 234 (103rd)passed

A resolution expressing the sense of the Senate concerning the fifth year of imprisonment of Daw Aung San Suu Kyi by Burma's military dictatorship, and for other purposes.

United States · United States Congress · 28 June 1994

Expresses the sense of the Senate that the U.S. Government should: (1) enunciate a policy to promote democracy in Burma; (2) encourage members of the Association of Southeast Asian Nations (ASEAN) at the July meetings in Bangkok to join U.S. efforts to seek the immediate release of Daw Aung San Suu Kyi and other political prisoners, achieve the transfer of power to the winners of the 1990 democratic election, join the U.S. arms embargo against Burma, and end human rights abuses perpetrated by the State Law and Order Restoration Council (SLORC); (3) indicate continued U.S. opposition to SLORC participation in ASEAN; (4) work to implement United Nations (UN) General Assembly resolution 48/150 and pledge to seek international sanctions through the UN and the appointment of a special envoy; (5) oppose commercial arrangements and foreign aid and financial assistance from international finance institutions that only provide financial support for the SLORC; (6) encourage the Government of Thailand to allow Burmese political leaders and refugees to continue their efforts to bring democratic change to Burma without fear of harassment or other pressure; (7) continue the current policy of not sending an ambassador to Rangoon until the SLORC has taken steps to end human rights abuses and transfer power to the democratically elected leaders of Burma; and (8) investigate claims of forced repatriation of Rohingya refugees.

Bill· Public1994/32withdrawn

Refugee Bill, 1994

Ireland · Dáil Éireann · 27 June 1994

Bill entitled an Act to give effect to the Convention relating to the Status of Refugees done at Geneva on the 28th day of July, 1951, the Protocol relating to the Status of Refugees done at New York on the 31st day of January, 1967, and the Convention determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities done at Dublin on the 15th day of June, 1990, to provide for the establishment of a board to be known as the Refugee Applications Board and a tribunal to be known as the Refugee Appeal Tribunal and to provide for matters related to the matters aforesaid

Bill· SS. 2197 (103rd)referred

Illegal Immigration Control and Enforcement Act of 1994

United States · United States Congress · 15 June 1994

TABLE OF CONTENTS: Title I: Illegal Immigration Control and Enforcement Title II: Illegal Immigration Incentive Reduction Title III: Enhanced Smuggling Control and Penalties Title IV: Admissions and Document Fraud Control Title V: Asylum Reform Title VI: Border Crossing User Fee Illegal Immigration Control and Enforcement Act of 1994 - Title I: Illegal Immigration Control and Enforcement - Part A: Expanded Border Patrol, Support, Training, and Resources - Provides for: (1) increased Border Patrol personnel levels; (2) deployment in areas of high-illegal entry; (3) bilingual hiring preference; (4) improved training; and (5) technology and equipment transfer to the Department of Justice. Part B: Expanded Border Inspection Personnel, Support, and Facilities - Provides for: (1) increased border inspection personnel levels; (2) deployment in areas of high-illegal entry; and (3) improved border crossing infrastructure. Part C: Detention and Deportation - Amends the Immigration and Nationality Act (Act) to revise penalties for failure to depart, or reentry, after a final deportation order. (Sec. 134) Establishes a San Diego sector pilot program to test the effectiveness of interior repatriation in deterring multiple illegal entries by aliens into the United States. Part D: Enhanced Criminal Alien Deportation and Transfer - Amends the Act to expand the definition of "aggravated felony." (Sec. 142) Expedites deportation proceedings for non-immigrant aliens convicted of an aggravated felony. (Sec. 143) Provides for judicial deportation of an alien convicted of an aggravated felony. (Sec. 144) Restricts certain deportation defenses. (Sec. 146) Authorizes the Secretary of State with the Attorney General to negotiate agreements with foreign countries for home-country incarceration of aliens subject to U.S. deportation. Authorizes appropriations. Title II: Illegal Immigration Incentive Reduction - Part A: Public Benefits Control - Prohibits direct Federal assistance or benefits (with specified exceptions) and unemployment benefits to unlawful aliens (as defined by this Act). (Sec. 214) Authorizes States and localities to limit general public assistance to aliens or classes of aliens. Part B: Employer Sanctions Support - Authorizes the hiring of additional INS investigators and staff to enforce employer sanctions. Part C: Enhanced Wage and Hour Laws - Authorizes additional Department of Labor hiring to enforce employer wage and hour law sanctions. (Sec. 232) Authorizes the hiring of additional Assistant United States Attorneys to help preclude illegal immigration. Part D: Authorization Verification - Requires the Attorney General and the Secretary of Health and Human Services to develop and implement a counterfeit-resistant system to verify work and public assistance eligibility. Title III: Enhanced Smuggling Control and Penalties - Amends the Act to increase alien smuggling penalties, including death penalty provisions for an alien-smuggling related death. (Sec. 302) Amends Federal criminal law to establish death penalty procedures related to alien smuggling. (Sec. 304) Brings alien smuggling operations under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 305) Amends the Act to expand INS forfeiture authority for smuggling or harboring illegal aliens. (Sec. 306) Amends Federal criminal law to authorize INS wiretaps for alien smuggling investigations. Title IV: Admissions and Document Fraud Control - Part A: Port of Entry Inspections - Amends the Act to create grounds for exclusion of an alien who uses: (1) a fraudulent document to enter the United States, or to board a common carrier for such purpose; or (2) a document to board a common carrier and then fails to present such document to an immigration official upon arrival at a U.S. port of entry. Prohibits the granting of asylum to an alien who is found to be using fraudulent entry documents or who fails to present entry-related documents, unless a specially trained immigration officer determines such actions were pursuant to departure from a country in which the alien had a credible fear of persecution. (Sec. 412) Provides for port of entry exclusion and deportation without administrative or judicial appeal (except by a limited petition of habeas corpus) for such admission document fraud. Part B: Enhanced Penalties - Increases document fraud penalties. (Sec. 422) Establishes criminal penalties for failure to disclose one's role as the preparer of fraudulent documents. Title V: Asylum Reform - Establishes civil and criminal penalties for frivolous asylum applications. (Sec. 502) Authorizes the Attorney General to limit an asylee's U.S. work authorization. (Sec. 503) Provides temporary personnel and acquisition resources to help reduce the asylum backlog. Title VI: Border Crossing User Fee - Amends the Act to impose a $1 land border and port of entry user fee. Requires such fees' deposit in the Land Border and Port of Entry User Fee Account. Authorizes appropriations for activities under this Act.

Bill· HRH.R. 4550 (103rd)open

Consumer Choice Health Security Act of 1994

United States · United States Congress · 8 June 1994

TABLE OF CONTENTS: Title I: Tax and Insurance Provisions Subtitle A: Tax Treatment of Health Care Expenses Subtitle B: Insurance Provisions Subtitle C: Employer Provisions Subtitle D: Federal Preemption Subtitle E: Report Title II: Medicare and Medicaid Reforms Subtitle A: Medicare Subtitle B: Medicaid Title III: Health Care Liability Reform Title IV: Administrative Cost Savings Subtitle A: Standardization of Claims Processing Subtitle B: Electronic Medical Data Standards Subtitle C: Development and Distribution of Comparative Value Information Subtitle D: Preemption of State Quill Pen Laws Title V: Anti-Fraud Subtitle A: Criminal Prosecution of Health Care Fraud Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities Title VI: Antitrust Provisions Title VII: Long-Term Care Title VIII: Welfare Restrictions for Aliens Title IX: Increase in Assistance to Community and Migrant Health Centers from Residual Savings Consumer Choice Health Security Act of 1994 - Title I: Tax and Insurance Provisions - Subtitle A: Tax Treatment of Health Care Expenses - Amends the Internal Revenue Code to allow a tax credit for health care expenses based upon percentages of qualified health insurance premiums and adjusted gross income. Provides for employers to make advance payments of such credit. (Sec. 102) Allows individuals a tax credit for a percentage of contributions made to a medical care savings account established for the benefit of an eligible individual. Exempts such accounts from taxation. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. (Sec. 103) Terminates the medical expense deduction, the deduction for health insurance costs of self-employed individuals, and the exclusion for employer-provided health insurance. Subtitle B: Insurance Provisions - Part I: Federally Qualified Health Insurance Plans - Sets forth requirements for federally qualified health insurance plans, including coverage for acute medical care, cost-sharing, premium rating practices, and guaranteed issuance and renewability. Part II: Certification of Federally Qualified Health Insurance Plans - Requires States to meet standards for regulatory programs for the certification of federally qualified health insurance plans. Subtitle C: Employer Provisions - Requires employers to: (1) withhold health insurance premiums from employee wages and remit such premiums to the employee's chosen insurer; and (2) notify each employee of their right to claim an advance refundable tax credit for such premiums. (Sec. 122) Provides for the conversion of existing insurance plans to required coverage under this Act. (Sec. 125) Establishes the Benefits Cash Out Commission to propose a procedure under which individuals may cash out Federal health benefits. Provides for congressional consideration of such proposal prior to its implementation. (Sec. 126) Imposes excise taxes on employers and health insurance carriers for noncompliance with this Act. Subtitle D: Federal Preemption - Preempts specified State laws concerning health insurance. Subtitle E: Report - Requires the Secretary of Health and Human Services to report to the Congress five years after the enactment of this Act on certain aspects of health insurance coverage. Title II: Medicare and Medicaid Reforms - Subtitle A: Medicare - Directs the Secretary to study and report to the Congress on the feasibility of permitting future Medicare beneficiaries to elect, upon attaining Medicare eligibility, to retain private health insurance coverage and receive, in lieu of Medicare benefits, certificates for use in purchasing private health insurance coverage. (Sec. 202) Amends title XVIII (Medicare) of the Social Security Act (SSA) to eliminate Medicare hospital disproportionate share adjustment payments. (Sec. 203) Revises the formula to reduce the adjustment for indirect medical education. (Sec. 204) Declares that the amount payable for post-hospital extended care services furnished an individual during any spell of illness shall be reduced by a copayment equal to 20 percent of the average of all per day costs for such services. (Sec. 205) Changes payment updates for all payment rates under the hospital insurance program from a fiscal year to a calendar year basis. (Sec. 206) Revises the existing schedule to accelerate the transition to prospective rates for facility costs in hospital outpatient departments. Subtitle B: Medicaid - Amends SSA title XIX (Medicaid) to specify a cap on Federal payments for acute medical services furnished under the Medicaid program. (Sec. 212) Directs the Secretary to establish a process under which a State with an approved plan may apply for waivers of SSA requirements in order to establish innovative and cost effective programs for furnishing acute medical services to eligible Medicaid recipients. (Sec. 213) Terminates disproportionate share payments. (Sec. 214) Directs the Secretary to make grants to States for programs under which individuals with incomes below 150 percent of the income official poverty line are provided health insurance coverage, acute medical services, preventive care, and disease prevention services. Title III: Health Care Liability Reform - Health Care Liability Reform Act of 1994 - Applies this subtitle to any health care malpractice action filed in any Federal or State court and any such claim resolved through arbitration. (Sec. 303) Limits to $100,000 what any person may be required to pay in a single payment in damages for expenses to be incurred in the future, but allows for periodic payments. States that the total amount of damages received by an individual shall be reduced by any other compensatory payments received under certain Federal, State, or private programs. Sets a statute of limitations for medical malpractice liability claims of two years after an alleged injury should reasonably have been discovered, but in no event more than four years after the alleged injury occurred (or in the case of a minor under age six, no later than the tenth birthday). Sets forth limitations on attorney's fees. (Sec. 304) Prohibits the application of strict liability to any manufacturer or seller of a health care product approved by the Food and Drug Administration (FDA) for any injury alleged to have resulted from: (1) a defect in product design; or (2) a failure to warn or instruct regarding a risk posed by the product that was neither known nor reasonably knowable at the time the product left the manufacturer's or seller's control. States that a manufacturer or seller of a health care product that is to be prescribed by, or used at the direction of, a health care professional shall not be liable (except in specified circumstances) for harm allegedly caused by a failure to warn or instruct the ultimate product user or recipient (unless the FDA specifically requires a warning or instruction to the ultimate user or recipient), if the manufacturer or seller provided adequate warning or instruction to the user's or recipient's health care professional. (Sec. 305) Limits to $250,000 the total amount of noneconomic damages awardable to a plaintiff and family for losses resulting from the injury which is the subject of a medical malpractice liability action. Declares that the liability of each defendant in such an action shall be several only and not joint, and limited to the defendant's percentage of responsibility. Allows punitive damages only if clear and convincing evidence establishes that the claimant suffered harm as the result of conduct by the defendant exhibiting conscious, flagrant indifference to the health of persons who might be harmed by the product. Prohibits the award of punitive damages against a manufacturer or seller (except in specified circumstances) for harm caused by an FDA-approved health care product. Title IV: Administrative Cost Savings - Subtitle A: Standardization of Claims Processing - Directs the HHS Secretary to adopt (taking into account the recommendations of specified taskforces) standards relating to: (1) data elements for use in paper and electronic claims processing; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. Sets forth requirements for application of such standards, and their periodic review and revision. Subtitle B: Electronic Medical Data Standards - Directs the HHS Secretary to promulgate electronic medical data standards meeting specified criteria for hospitals and other providers. Sets a deadline for each hospital with a Medicare participation agreement to meet such standards. (Sec. 413) Authorizes the heads of appropriate Federal agencies, as of January 1, 2000, to require health care providers to present and transmit data elements electronically according to such standards. (Sec. 415) Directs the HHS Secretary to establish an advisory commission to monitor and advise about the standards established under this subtitle and operational concerns about their implementation. Authorizes appropriations. Subtitle C: Development and Distribution of Comparative Value Information - Requires States to develop and implement a health care value information program meeting certain criteria according to a specified schedule. Authorizes the HHS Secretary to make grants to States to enable them to develop such programs. (Sec. 422) Directs the HHS Secretary to take necessary action to implement a comparable information program in any State that fails to develop and implement one. (Sec. 423) Requires the head of each Federal agency responsible for provision of health insurance or of health care services to individuals to develop promptly health care comparative value information. Subtitle D: Preemption of State Quill Pen Laws - Preempts any State law that requires medical or health insurance records (including billing information) to be maintained in written rather than electronic form. Title V: Anti-Fraud - Subtitle A: Criminal Prosecution of Health Care Fraud - Amends the Federal criminal code to impose penalties upon a health care provider that knowingly engages in any scheme or artifice to defraud a person in connection with the provision of health care. (Sec. 502) Authorizes the Attorney General to pay a reward of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution for health care fraud, with exceptions. Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities - Amends the Social Security Act to provide for: (1) the application of Federal health anti-fraud and abuse sanctions to all fraud and abuse against any health insurance plan; and (2) treble damages for making or causing to be made false statements or representations involving Medicare or State health care programs, for illegal remuneration, and for false statements or representations with respect to the condition or operation of health care institutions. Directs the Secretary of Health and Human Services, in consultation with State and local health care officials, to: (1) identify opportunities for the satisfaction of community service obligations that a court may impose upon the conviction of a criminal offense involving Medicare or State health care programs; and (2) make information concerning such opportunities available to Federal and State law enforcement officers and State and local health care officials. Title VI: Antitrust Provisions - Exempts from the antitrust laws specified "safe harbor" activities related to the provision of health care services. Sets forth provisions regarding the award of attorney fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 602) Lists as safe harbors specified: (1) activities relating to health care services of combinations of health care providers with market share below a specified threshold; (2) activities of medical self-regulatory entities relating to standard setting or enforcement activities not conducted for purposes of financial gain; (3) participation of a health care provider in a written survey of the prices of services, reimbursement levels, or the compensation and benefits of employees and personnel; (4) activities relating to health care joint ventures for high technology and costly equipment and services; (5) activities relating to hospital mergers; (6) joint purchasing arrangements; and (7) negotiations. (Sec. 603) Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional safe harbors and to review and report to the Congress on proposed safe harbors. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 604) Directs the Attorney General to issue certificates of review for providers of health care services and to assist persons in applying for such certificates. Sets forth provisions regarding applications for, revocation of, and review of determinations regarding such certificates. Limits the disclosure of information. (Sec. 605) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 606) Directs the Attorney General to: (1) review the safe harbors and certificates of review periodically; and (2) promulgate such rules, regulations, and guidelines as necessary to carry out provisions of this title. Title VII: Long-Term Care - Amends the Internal Revenue Code to exclude from gross income certain amounts withdrawn from individual retirement accounts and certain employer cash or deferred arrangements to pay long-term care premiums. (Sec. 702) Provides for the nonrecognition of gain or loss on the exchange of any life insurance contract or an endowment or annuity contract for a long- term care insurance contract. (Sec. 703) Provides for the exclusion as a death benefit of any amount paid or advanced to an individual under a life insurance contract because such individual is terminally ill, or chronically ill and has been permanently confined to a qualified facility. Title VIII: Welfare Restrictions for Aliens - Makes aliens (with exceptions for refugees, aged, and current residents) ineligible for specified public welfare assistance (except for emergency medical assistance). Amends the Social Security Act to require State Aid to Families with Dependent Children (AFDC) agencies to provide information on illegal aliens to the Immigration and Naturalization Service. Title IX: Increase in Assistance to Community and Migrant Health Centers From Residual Savings - Directs the HHS Secretary to provide for a program of grants to migrant and community health centers to promote primary health care services for underserved individuals. Authorizes appropriations. (Sec. 901) Requires the Secretary to study and report to Congress on the impact of such grants on access to health care, birth outcomes, and the use of emergency room services.

Question· oralPQ 12asked

30 Mr. Callely asked the Tánaiste and Minister for Foreign Affairs if he will give a progress report on the present crises in Rwanda, in particular, the escalating refugee problem; the support the UN Security Council is giving in Rwanda; and if he will make a statement on the matter.

Ireland · Dáil Éireann · 1 June 1994

30 Mr. Callely asked the Tánaiste and Minister for Foreign Affairs if he will give a progress report on the present crises in Rwanda, in particular, the escalating refugee problem; the support the UN Security Council is giving in Rwanda; and if he will make a statement on the matter.

Resolution· HCONRESH.Con.Res. 251 (103rd)open

To express the sense of the Congress that the President should report to the Congress on the situation in Kosova and on his recommendations on ways to enhance international protection of the rights of the people of Kosova.

United States · United States Congress · 23 May 1994

Expresses the sense of the Congress that the President should report to the Congress on: (1) the situation in Kosova, including the manner in which Serbia's policies have affected the economic, social, and cultural rights of the majority in Kosova; (2) measures to provide humanitarian assistance to the population of Kosova and to Kosovar refugees; and (3) his recommendations on what modalities may be pursued to implement international protection of the rights of the people of Kosova, to reestablish an international presence in Kosova to monitor more effectively the situation there, and to secure for such people their right to democratic self-government.

Law· HRH.R. 4426 (103rd)enacted

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995

United States · United States Congress · 16 May 1994

TABLE OF CONTENTS: Title I: International Sustainable Development Programs Title II: Building Democracy Title III: Promoting Peace Title IV: Humanitarian Assistance Title V: Promoting Growth Through Trade and Investment Title VI: Program Administration Title I: International Sustainable Development Programs - Makes appropriations for FY 1995 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development; (2) International Development Association; (3) International Finance Corporation; (4) Inter-American Development Bank; (5) Asian Development Fund; (6) African Development Fund; (7) African Development Bank; (8) European Bank for Reconstruction and Development; (9) Multilateral Investment Fund; (10) specified replenishments of certain international financial institutions; and (11) Interest Subsidy Account of the Enhanced Structural Adjustment Facility of the International Monetary Fund. Limits certain callable capital subscriptions. Makes appropriations for FY 1995 for: (1) sustainable development programs; (2) direct loans and loan guarantees for microenterprise and other credit programs; (3) modification (debt reduction) of direct loans and loan guarantees; (4) the Peace Corps; (5) the Inter-American Foundation; and (6) the African Development Foundation. Title II: Building Democracy - Makes appropriations for FY 1995 for: (1) assistance for countries in transition to democracy, that have recently emerged or are emerging as democratic societies or from civil strife, or whose democratic progress is threatened; (2) assistance to the new independent states of the former Soviet Union; and (3) assistance to Eastern Europe and the Baltic States. Title III: Promoting Peace - Makes appropriations for FY 1995 for: (1) peacekeeping programs; (2) a Nonproliferation and Disarmament Fund (permits such Fund to be used for countries other than the new independent states of the former Soviet Union); (3) regional peace, security, and defense cooperation; and (4) international narcotics trafficking, terrorism, and crime prevention. Title IV: Humanitarian Assistance - Makes appropriations for FY 1995 for: (1) a contribution to the International Committee of the Red Cross and other refugee assistance; and (2) international disaster relief, rehabilitation, and reconstruction assistance. Title V: Promoting Growth Through Trade and Investment - Makes appropriations for FY 1995 for: (1) Overseas Private Investment Corporation direct and guaranteed loan programs; (2) the Trade and Development Agency; and (3) Export-Import Bank programs, including direct loans, loan guarantees, and tied aid grants, and administrative expenses. Title VI: Program Administration - Makes appropriations for FY 1995 for: (1) the Foreign Service Retirement and Disability Fund; (2) operating expenses of the Agency for International Development (AID); and (3) the AID Office of the Inspector General.

Bill· SS. 2105 (103rd)referred

Illegal Immigration Control Act of 1994

United States · United States Congress · 11 May 1994

TABLE OF CONTENTS: Title I: Interdiction Title II: Alien Smuggling Title III: INS Investigators Title IV: Government Benefits Title V: Criminal Aliens Title VI: Terrorist Aliens Title VII: Inspections Title VIII: Asylum Title IX: Funding Illegal Immigration Control Act of 1994 - Title I:Interdiction - Directs the Attorney General to install additional physical barriers in high illegal-entry border areas. (Sec. 102) Authorizes appropriations for additional Border Patrol personnel. (Sec. 103) Directs the Attorney General and the Commissioner of the Immigration and Naturalization Service (INS) to: (1) implement an interior repatriation program for illegal aliens who have been deported at least three times; and (2) increase border detention facilities. (Sec. 104) Authorizes the transfer of closed military bases to be used as Federal incarceration facilities for illegal aliens. (Sec. 105) Authorizes the Attorney General to require vessels to provide INS with port of entry notification. Title II: Alien Smuggling - Amends the Immigration and Nationality Act (the Act) to expand INS forfeiture authority for smuggling or harboring illegal aliens. (Sec. 202) Brings alien smuggling operations under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 203) Amends the Act to increase penalties for certain alien smuggling offenses. (Sec. 204) Amends Federal law to authorize INS wiretaps for alien smuggling investigations. Title III: INS Investigators - Authorizes additional appropriations for additional INS investigators. Title IV: Government Benefits - Prohibits direct Federal benefits (except for emergency medical care) or housing assistance to an alien who is not a permanent resident, a refugee, an asylee, or a parolee. (Sec. 402) Prohibits unemployment benefits to an alien who has not been granted INS work authorization. (Sec. 404) Authorizes appropriations for the Save System. (Sec. 405) Reduces Federal assistance by 20 percent to any locality that refuses to cooperate in the arrest and deportation of illegal aliens. (Sec. 406) Establishes a uniform vital statistics pilot program for three States with high numbers of undocumented aliens. Authorizes appropriations. Title V: Criminal Aliens - Amends the Act to include aliens on criminal probation or criminal parole among the categories of aliens subject to special registration. (Sec. 502) Expands the definition of "aggravated felony." (Sec. 503) Expedites deportation proceedings for specified criminal aliens. (Sec. 504) Provides for judicial deportation of aliens convicted of an aggravated felony. (Sec. 505) Restricts specified deportation defenses. (Sec. 508) Directs the Commissioner to operate a criminal alien tracking center. Authorizes appropriations. (Sec. 509) Directs the Secretary of State and the Attorney General to study the use and effectiveness of the Prisoner Transfer Treaty with Mexico to remove convicted aliens from the United States. (Sec. 511) Directs the Attorney General, upon State or local request, to: (1) incarcerate convicted alien felons; or (2) compensate States or localities for such incarceration costs. Title VI: Terrorist Aliens - Amends the Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases. (Sec. 602) Makes membership in a terrorist organization a basis for U.S. exclusion. Title VII: Inspections - Directs the Attorney General to establish: (1) specified numbers of preinspection stations at foreign airports identified as last departure points for the greatest numbers of U.S.-arriving passengers and at those with the greatest numbers of U.S.-arriving undocumented aliens; and (2) an air carrier consultant program. (Sec. 702) Provides for the training of airline personnel in fraudulent document detection. (Sec. 703) Amends Federal law to increase specified passport and visa penalties. Title VIII: Asylum - Amends the Act to revise asylum procedures. (Sec. 802) Sets forth mandatory and discretionary conditions for granting provisional asylum. Title IX: Funding - Provides overhead cost reductions incurred in federally sponsored research.

Bill· HRH.R. 4313 (103rd)referred

To prohibit the admission to the United States as refugees individuals who served in the armed forces of Iraq during the Persian Gulf conflict, and to deport any such individuals who have been so admitted.

United States · United States Congress · 28 April 1994

Prohibits the refugee admission into the United States of persons who served in the Iraqi armed forces during the Persian Gulf conflict. Revokes refugee status and provides for deportation of such persons already admitted to the United States.

Bill· SS. 2027 (103rd)referred

Haitian Restoration of Democracy Act of 1994

United States · United States Congress · 19 April 1994

Haitian Restoration of Democracy Act of 1994 - Supports the restoration of democracy in Haiti and the return to office of Jean-Bertrand Aristide, the elected President of Haiti. Urges the President to: (1) facilitate the return to Haiti of a full contingent of human rights observers; and (2) subject to the request of Aristide, effect the deployment of a multinational border patrol between the Dominican Republic and Haiti to halt cross-border violations of sanctions against Haiti imposed by the United States and other countries. Supports multilateral socieconomic and peacekeeping assistance to Haiti upon the return to power of the democratically-elected President and the removal of Haiti's military high command. Prohibits any U.S. officer or employee from attempting to amend, reinterpret, or nullify the Governors Island Agreement (except with regard to the October 1993 deadline for the return to power of Aristide). Requires the President to notify the Haitian Government of the intention to terminate the bilateral migrant interdiction agreement effected in 1991. Prohibits the return to Haiti of any Haitian national or habitual resident without the individual's consent, unless the President determines, in a manner that incorporates procedural safeguards consistent with internationally endorsed standards, that such individual is not a refugee. Makes exceptions to such prohibition if an individual was involved in persecution of another person or is a felon who constitutes a danger to the United States. Imposes sanctions against Haiti, including prohibitions on: (1) credits or loans; (2) imports and exports; (3) contracts; and (4) air transport activities. Prohibits U.S. assistance to other countries that are not cooperating with sanctions against Haiti. Imposes sanctions under the International Emergency Economic Powers Act against such countries. Terminates sanctions when the President certifies to the Congress that the democratically-elected President has been reinstated and Haiti's military high command has met its obligations under the Governors Island Agreement. Grants eligible Haitians temporary protected status under the Immigration and Nationality Act. Excludes certain Haitians connected with the military, the military coup, and terrorist activities from admission into the United States. Blocks assets of such individuals that are in the United States.

Bill· HRH.R. 4238 (103rd)referred

Liberian Relief, Rehabilitation, and Reconstruction Act of 1994

United States · United States Congress · 18 April 1994

Liberian Relief, Rehabilitation, and Reconstruction Act of 1994 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance for civil strife relief, rehabilitation, and general recovery in Liberia. Authorizes aprropriations. Authorizes appropriations to the Department of State for migration and refugee assistance for emergency relief, repatriation, and rehabilitation efforts for Liberian refugees who have fled civil strife and for support for relief programs assisting local populations in the bordering countries of Sierra Leone, Guinea, Cote d'Ivoire, and other countries in the region. Authorizes the President to provide supplemental emergency food assistance for civilian victims in Liberia. Authorizes appropriations. Requires a specified amount of local currencies available under title II of the Agricultural Trade Development and Assistance Act of 1954 to be made available for disaster assistance for Liberia. Permits assistance authorized for Liberia under this Act to be provided without regard to provisions of law concerning foreign assistance repayments. Directs the Administrator of the Agency for International Development to assess and report to the Congress on the long-term reconstruction, rehabilitation, and development needs of Liberia.

Bill· HRH.R. 4197 (103rd)open

Citizens' Crime Prevention and Punishment Act of 1994

United States · United States Congress · 13 April 1994

TABLE OF CONTENTS: Title I: Punishing Violent Crime Subtitle A: Violent Felonies and Drug Offenses Subtitle B: Capital Offenses Subtitle C: Enhanced Penalties for Criminal Use of Firearms and Explosives Subtitle D: Miscellaneous Title II: Equal Protection for Victims Subtitle A: Victims' Rights Subtitle B: Judicial Reform Title III: Protecting Families and Communities Subtitle A: Safe Neighborhoods Subtitle B: Crimes Against Children Subtitle C: Punishment of Serious Junvenile Offenders Title IV: Protection of Women Subtitle A: Spouse Abuse and Stalking Subtitle B: Sex Offenses and Punishment Title V: Prevention of Terrorism Subtitle A: Enhanced Controls on Entry into the United States Subtitle B: Deportation of Alien Terrorists Subtitle C: Penalties for Engaging in Terrorism Title VI: Criminal Aliens and Alien Smuggling Subtitle A: Deportation of Criminal Aliens Subtitle B: Prevention and Punishment of Alien Smuggling Title VII: Expanding Prison Capacity Title VIII: Elimination of Delays in Carrying Out Sentences Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases Title IX: Public Corruption Title X: Funding Citizens' Crime Prevention and Punishment Act of 1994 - Title I: Punishing Violent Crime - Subtitle A: Violent Felonies and Drug Offenses - Amends the Federal criminal code to require the court to sentence a defendant convicted of a Federal violent felony to life imprisonment if the defendant had previously been convicted of another violent felony. Provides that the defendant shall be subject to the death penalty if death results from the violent felony. (Sec. 102) Provides that any individual who is convicted of a Federal or State crime of violence shall, at the discretion of the court, be ineligible for any or all Federal benefits for up to five years upon a first conviction, up to ten years upon a second conviction, and permanently upon a third conviction. (Sec. 103) Amends the Anti-Drug Abuse Act of 1988 to eliminate judicial discretion in the denial of Federal benefits in cases of certain drug offenses. (Sec. 104) Provides for an enhanced penalty for the discharge of a firearm during and in relation to a crime of violence or a drug trafficking crime. (Sec. 105) Amends the Controlled Substances Act (CSA) to provide for mandatory minimum prison sentences for those who sell illegal drugs to minors or who use minors in drug trafficking activities. (Sec. 106) Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the United States Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release for a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. (Sec. 107) Amends the Armed Career Criminal Act to include within the definition of "serious drug offense" an offense under State law which, if it had been prosecuted as a CSA violation at the time of the offense and because of the type and quantity of the controlled substance involved, would have been punishable by a maximum term of imprisonment of ten years or more. (Sec. 108) Sets mandatory penalties for firearms possession by persons previously convicted of a violent felony or a serious drug offense, and a mandatory minimum sentence for unlawful possession of a firearm by a convicted felon, fugitive from justice, or transferor or receiver of a stolen firearm. (Sec. 110) Increases: (1) the general penalty for violation of Federal firearms laws; and (2) enhanced penalties for possession of a firearm in connection with a crime of violence or a drug trafficking crime. (Sec. 112) Sets penalties for smuggling firearms in aid of drug trafficking or violent crime. (Sec. 116) Establishes: (1) a temporary prohibition against possession of a firearm by, or transfer of a firearm to, persons convicted of a drug crime; and (2) enhanced penalties for possession of a firearm during a drug crime. Subtitle B: Capital Offenses - Amends the Federal criminal code to establish criteria for imposition of the death penalty for Federal crimes. Requires: (1) the Government, for any offense punishable by death, to serve notice upon the defendant that it intends to seek the death penalty and the aggravating factors upon which it will rely; and (2) the court to conduct a separate sentencing hearing before a jury, or the court along upon motion by the defendant with the approval of the attorney for the Government, when the defendant is found guilty or pleads guilty to an offense punishable by death and the attorney for the Government has met the notice requirements. Allows the defendant and the Government to present any information relevant to sentencing, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Permits the Government to present information concerning the effect of the offense on the victim and the victim's family. Specifies mitigating and aggravating factors. Sets forth special aggravating factors for: (1) treason, espionage, homicide, and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). States that no person who was under age 18 at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to be influenced by prejudice or bias relating to the race, color, religion, national origin, or sex of the defendant or any victim in considering whether to recommend a sentence of death. Sets forth procedures regarding imposition of, appeal from, and implementation of, a sentence of death. Prohibits: (1) a sentence of death from being carried out upon a person who lacks the mental capacity to understand the death penalty and why it was imposed on that person, or upon a woman while she is pregnant; and (2) requiring any employee of a State department of corrections, the Federal Bureau of Prisons, the U.S. Marshals Service, or any person providing services to that department, bureau, or service under contract to be in attendance or to participate in any execution if such participation is contrary to such person's moral or religious convictions. Sets forth provisions regarding: (1) appointment of counsel; (2) deadlines for collateral attacks on judgments imposing a sentence of death; and (3) stays of execution. Limits the circumstances under which a person subject to the criminal jurisdiction of an Indian tribal government may be executed under this subtitle. (Sec. 122) Declares that the death penalty and all other penalties shall be administered by the United States and by every State without regard to the race or color of the defendant or victim, and that neither the United States nor any State shall prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. (Sec. 123) Specifies that, in a prosecution for an offense against the United States for which a sentence of death is authorized, the fact that the killing of the victim was motivated by racial prejudice or bias shall be deemed an aggravating factor whose existence permits consideration of the death penalty, in addition to any other aggravating factors that may be specified by law as permitting consideration of the death penalty. (Sec. 124) Extends the protection of civil rights provisions regarding conspiracy against rights and deprivation of rights under color of law to cover persons in (currently, limited to inhabitants of) any State, territory, or district. (Sec. 125) Provides for imposition of the death penalty for specified Federal crimes, including: (1) murders committed by prisoners while confined in a Federal prison; (2) murder of Federal, State, and local law enforcement officers; (3) homicides and attempted homicides involving firearms in Federal facilities; (4) civil rights murders; (5) gun murders; (6) murder by escaped prisoners; (7) torture, where death results, subject to specified limitations; (8) carjacking resulting in death; (9) genocide; and (10) specified drug-related offenses, committed as part of a continuing criminal enterprise. Subtitle C: Enhanced Penalties for Criminal Use of Firearms and Explosives - Chapter 1: Instant Check System for Handgun Purchases - Provides for the establishment of a system for identifying felons and persons adjudicated mentally incompetent. Requires the Attorney General of the United States to create a national, computerized list of prohibited persons, incorporate State criminal history records into the Federal criminal records systems maintained by the Federal Bureau of Investigation (FBI), develop hardware and software systems to link State lists with the national list, and provide any responsible State agency with access to the national list, upon request. Directs teach State to create and maintain a computerized list of all persons who are prohibited persons by reason of a conviction or adjudication in the State and, within two years, achieve and maintain at least 80 percent currency of case dispositions in the computerized list for all cases in which there has been an entry of activity within the immediately preceding five years. Requires the State transportation agency, before issuing, reissuing, or reinstating a license, to: (1) conduct a record check to determine whether the applicant is a prohibited person; and (2) affix to the license of the person a magnetic strip on which is encoded information to identify such a person. Provides for the seizure and voiding of a driver's license upon a felony conviction or adjudication of mental incompetency. Sets forth provisions regarding: (1) the funding of records checks; (2) procedures for correcting erroneous records; and (3) judicial review. Requires the Director of the Bureau of Justice Assistance (BJA) to reduce by 25 percent the annual allocation to a State for a fiscal year under title I (drug control and system improvement grant program) of the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) for States with a waiting period or a system for identifying felons before the purchase of a handgun not meeting specified requirements. (Sec. 133) Prohibits a licensed firearms dealer from knowingly selling a handgun to an unlicensed individual without reading the magnetic strip, or failing to notify local law enforcement authorities within 72 hours of any person attempting to purchase a handgun who is identified as a prohibited person through the use of such a device. Sets penalties for violations. Chapter 2: Other Firearms Provisions - Increases penalties for: (1) interstate gun trafficking; (2) making knowingly false, material statements in connection with the purchase of a firearm from a licensed dealer; and (3) a second offense of using an explosive to commit a felony. (Sec. 142) Prohibits: (1) transactions involving stolen firearms which have moved in interstate or foreign commerce; (2) the receipt of firearms by non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes; (3) the possession of explosives by felons and others; and (4) the possession of explosives during the commission of a felony. (Sec. 145) Provides for mandatory revocation of supervised release for possession of a firearm in violation of a condition of release. (Sec. 156) Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Subtitle D: Miscellaneous - Increases penalties for Travel Act crimes involving racketeering and conspiracy to commit contract killings. (Sec. 162) Makes it a criminal offense to fail to obey an order to land an aircraft issued by an authorized Federal law enforcement officer under specified circumstances. (Sec. 164) Provides enhanced penalties for drug trafficking in prisons. Title II: Equal Protection for Victims - Subtitle A: Victims' Rights - Enacts Rules of Professional Conduct for Lawyers in Federal Practice, including provisions regarding: (1) a prohibition on attorneys engaging in actions deemed abusive to clients or others; (2) a duty of enquiry (to elicit from the client a truthful account of the material facts concerning the matters in issue); (3) a duty to expedite litigation; and (4) a duty to disclose information necessary to prevent the commission of a crime. (Sec. 202) Revises Federal Rule of Criminal Procedure: (1) 24(b) to entitle each side to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) 32 to provide for a victim's right of allocution in sentencing for a crime of violence or sexual abuse. (Sec. 204) Provides for the enforcement of restitution orders through the suspension of Federal benefits. (Sec. 205) Sets penalties for retaliatory killings of witnesses, victims, and informants. Subtitle B: Judicial Reform - Amends the Federal Rules of Evidence (FRE) to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. (Sec. 212) Revises FRE 412 (sex offense cases; relevance of victim's past behavior) to: (1) expand the scope of the rape shield law and to require that an order admitting evidence of a victim's past sexual behavior explain the reasoning leading to a finding of relevance and the basis of a finding that the probative value of the evidence outweighs the danger of unfair prejudice; and (2) make inadmissible evidence to show invitation or provocation by a victim in sexual abuse cases. (Sec. 214) Specifies that evidence obtained as a result of a search or seizure shall not be excluded on the ground that the search or seizure was in violation of the fourth amendment to the Constitution if carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. (Sec. 215) Provides that in a criminal trial in any Federal or State court: (1) on motion of the defense attorney or prosecutor, the risk of racial prejudice or bias shall be examined on voir dire if there is a substantial likelihood that such prejudice will affect the jury; (2) on motion of the defense attorney or prosecutor, a change of venue shall be granted if an impartial jury cannot be obtained in the original venue because of such prejudice; and (3) neither the prosecutor nor the defense attorney shall make any appeal to such prejudice in statements before the jury. (Sec. 216) Amends the Federal criminal code to provide that a list of veniremen and witnesses need not be furnished in capital cases if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person. (Sec. 217) Increases penalties for attempting to influence or injure court officers or jurors. (Sec. 218) Provides for imposition of the death penalty for the murder of a Federal witness. (Sec. 219) Requires (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court: (1) to order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to the clerk of the court for accounting and payment in accordance with this section. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. Title III: Protecting Families and Communities - Subtitle A: Safe Neighborhoods - Amends the CSA to increase penalties for drug trafficking in or near schools. (Sec. 302) Authorizes: (1) a school district to elect to qualify as a Federal safe school district by decision of a local educational agency or by referendum of the voters in a school district served by such an agency; and (2) the Attorney General to make grants to local educational agencies or local law enforcement agencies of Federal safe school districts to pay for enhanced school security measures. (Sec. 303) Amends the Omnibus Act to authorize the Director of the BJA to make grants to local governments and community groups to increase the police presence in communities. Requires the Director to develop a written model that informs community members regarding how to identify the existence of a drug or gang house and what civil remedies and mediation techniques are available. Authorizes appropriations. (Sec. 306) Amends: (1) the Omnibus Act to include among drug control and system improvement grant funding objectives law enforcement and prevention programs relating to gangs or to youth who are involved or at risk of being involved in gangs; and (2) the CSA to increase penalties for drug trafficking in or near public housing. Subtitle B: Crimes Against Children - Provides for imposition of the death penalty for murder during the sexual exploitation of children. (Sec. 312) Increases penalties for: (1) sex offenses against victims below age 16; (2) assaults against children; (3) using minors in drug trafficking; (4) drug distribution to minors; and (5) using a minor in the commission of a Federal offense. (Sec. 313) Sets penalties for international trafficking in child pornography. (Sec. 315) Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses, consider whether any other changes are warranted, review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses, and (in any subsequent amendment of the guidelines) maintain minimum guidelines sentences for such offenses which are at least equal to those required by this section. (Sec. 316) Provides for interstate enforcement of child support orders. (Sec. 319) Makes it a Federal offense to remove a child from, or retain a child outside, the United States to obstruct the lawful exercise of parental rights. (Sec. 320) Authorizes appropriations to carry out State court programs regarding international parental child abduction. (Sec. 321) Provides for imposition of the death penalty for the kidnapping of a child resulting in the child's death. Subtitle C: Punishment of Serious Juvenile Offenders - Makes serious juvenile drug offenses predicates to a violation of the Armed Career Criminal Act. (Sec. 332) Requires that juveniles found guilty of certain offenses be fingerprinted and photographed, with such fingerprints and photographs sent to the FBI, Identification Division. Directs the court to transmit to such division information concerning the adjudication. (Sec. 333) Provides for the prosecution as adults of violent juvenile offenders. Prohibits the incarceration in an adult prison of a juvenile prosecuted as an adult. Title IV: Protection of Women - Subtitle A: Spouse Abuse and Stalking - Amends the Federal criminal code to: (1) set penalties for interstate travel to commit spouse abuse or to violate a protective order; and (2) provide for full faith and credit of protective orders among the States. Subtitle B: Sex Offenses and Punishment - Establishes a civil remedy for victims of sexual violence. (Sec. 412) Authorizes the restitution of victims of sex offenses. (Sec. 413) Provides for pretrial detention in sex offense cases. (Sec. 414) Mandates life imprisonment for aggravated sexual assault. (Sec. 415) Provides for imposition of the death penalty for persons engaging in sexual abuse resulting in death. (Sec. 416) Increases penalties for recidivist sex offenses. (Sec. 417) Directs the Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses. (Sec. 418) Provides for testing for human immunodeficiency virus for persons charged in sex offense cases and the disclosure of the test results to the victim. Directs the Sentencing Commission to amend existing guidelines for sentences for sex offenses where the offender knew or had reason to know that he was infected with such virus, except where the offender knew or had reason to know that he was infected with such virus, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Title V: Prevention of Terrorism - Subtitle A: Enhanced Controls on Entry into the United States - Amends the Immigration and Nationality Act (INA) to require exclusion from admission to the United States of anyone who is a member of an organization that engages in terrorist activity or who actively supports or advocates terrorist activity. (Sec. 503) Provides for the exclusion of an alien for presenting fraudulent documents, or for failing to present documents used to board a common carrier, to an immigration officer upon arrival at a port of entry into the United States. Specifies that any alien who is excludable under such provisions may not apply for or be granted asylum, with exceptions. (Sec. 504) Limits court jurisdiction with respect to habeas corpus review, other judicial review and action, and collateral enforcement proceedings. Subtitle B: Deportation of Alien Terrorists - Establishes procedures to apply whenever the Attorney General certifies under seal to a special court (established pursuant to this subtitle) that: (1) the Attorney General or Deputy Attorney General has approved of the deportation proceeding; (2) an alien terrorist is physically present in the United States; and (3) removal of such terrorist by deportation proceedings would pose a risk to national security by disclosing classified information. Directs the Chief Justice of the United States to publicly designate up to seven judges to hear and decide such cases. Sets forth procedures for a special removal hearing, including provisions for appointment of counsel and appeals. Subtitle C: Penalties for Engaging in Terrorism - Amends the Federal criminal code to: (1) prohibit providing material support to terrorists; and (2) extend the statute of limitations for certain terrorism offenses. (Sec. 522) Directs the Sentencing Commission to provide for an increase in the base offense level for any felony involving or intended to promote international terrorism, unless such involvement or intent is itself an element of the crime. (Sec. 524) Increases penalties under the International Emergency Economic Powers Act for violation of orders regarding the declaration of a national emergency and the Federal criminal code for passport and visa-related violations. (Sec. 525) Sets penalties for: (1) specified acts of violence at international airports; (2) violence against maritime navigation; (3) violence against maritime fixed platforms; and (4) the use of weapons of mass destruction. (Sec. 529) Directs the President to establish a National Task Force on Counterterrorism. (Sec. 530) Provides for imposition of the death penalty for causing death through the use of a bomb or other destructive device. Title VI: Criminal Aliens and Alien Smuggling - Subtitle A: Deportation of Criminal Aliens - Amends the INA to permit an alien sentenced to imprisonment to be deported prior to the termination of such imprisonment if the Immigration and Naturalization Service (INS) petitions the appropriate court or other authority to release the alien into INS custody for execution of a deportation order. Prohibits the deportation until all direct appeals of the conviction have been exhausted. (Sec. 602) Authorizes the registration of aliens on criminal probation or criminal parole within the United States. (Sec. 603) Expands the definition of "aggravated felony" to include illicit trafficking in explosive materials and a crime of violence for which the term of imprisonment imposed is at least five years. (Sec. 604) Amends the INA to authorize the Attorney General to issue a final order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence, or who had permanent resident status on a conditional basis, and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable. (Sec. 605) Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien convicted of an aggravated felony if such order has been requested prior to sentencing by the U.S. Attorney. (Sec. 606) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 607) Enhances penalties for failing to depart or reentering after a final order of deportation. Limits collateral attacks or deportation orders. (Sec. 609) Authorizes appropriations for a criminal alien information system. Subtitle B: Prevention and Punishment of Alien Smuggling - Authorizes appropriations for Border Patrol agents and investigators. (Sec. 613) Increases penalties for bringing in and harboring certain aliens. Title VII: Expanding Prison Capacity - Amends the Internal Revenue Code to include within the definition of "exempt facility bond" certain bonds issued to provide for correctional facilities. (Sec. 702) Directs the Attorney General to: (1) establish a Regional Prison Task Force; and (2) create a plan for the establishment of a nationwide regional prison system. Sets forth provisions regarding State and prisoner eligibility requirements. Establishes in the Treasury a Regional Prison Fund. Authorizes appropriations. (Sec. 703) Amends the Davis-Bacon Act to make provisions concerning the rate of wages for laborers and mechanics inapplicable to prison construction. (Sec. 704) Amends the Federal judicial code to deny the district court, in any action challenging the constitutionality of conditions of confinement in any correctional institution housing persons accused or convicted of a crime or juveniles adjudicated delinquent, jurisdiction to: (1) impose a ceiling on the population of any correctional institution or to require any adjustment of the release dates of inmates; or (2) prohibit the use of tents or prefabricated structures for housing inmates. Prohibits any consent decree in any such action from providing relief greater than the minimum required to bring the conditions of confinement into substantial compliance with the Constitution. Provides for modification of orders or decrees. (Sec. 705) Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary of Defense, before any action is taken with respect to the disposal or transfer of real property at a military facility being closed or realigned, to notify the State and each local government in which the facility is located, as well as other interested persons, of the suitability of the property or facility for conversion and use as a youthful offender boot camp. Requires the State, local government, or interested party to whom such real property is so transferred to certify that the property or facilities will be promptly converted and used for such purpose. Directs the Secretary to develop a model program intended to incorporate military basic training, instruction, and disciplinary procedures into the design and operation of youthful offender boot camps at the Federal, State, and local levels. (Sec. 706) Amends the Omnibus Act to reallocate between public agencies and private nonprofit organizations the percentage of grant funds authorized under such Act for correctional options that provide alternative to traditional modes of incarceration and offender release programs. Title VIII: Elimination of Delays in Carrying Out Sentences - Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 802) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. (Sec. 804) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. (Sec. 805) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners. Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of BJA to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Title IX: Public Corruption - Amends the Federal criminal code to prescribe criminal penalties to be imposed upon: (1) anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State of the honest services of a State official or of a fair and impartially conducted election process; and (2) any State or Federal official who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against another official. Authorizes such adversely affected official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. (Sec. 902) Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. (Sec. 903) Sets forth prohibitions regarding narcotics-related public corruption. Title X: Funding - Requires each head of a Federal agency making a grant to, or entering into a contract with, an institution of higher education for research and development to reduce the overhead payment rate under the grant or contract to 90 percent of the current level and return the amount saved to the general fund of the Treasury. (Sec. 1002) Reduces the overhead expenses identified and reduced by the President in Executive Order 12837 by an additional five percent.

Resolution· SCONRESS.Con.Res. 64 (103rd)referred

A concurrent resolution expressing the sense of the Congress regarding the Gautemalan peace process and the need for greater protection of human rights in Guatemala.

United States · United States Congress · 24 March 1994

Commends: (1) the President of Guatemala, Ramiro de Leon Carpio, and the leaders of the Guatemalan National Revoluntionary Union for establishing a framework for formal negotiations to bring an end to the internal armed conflict and set Guatemala on the road to democracy; and (2) the leaders of the various segments of civilian society, under the leadership of Bishop Rodolfo Quezada Toruno, for their role in articulating the concerns of all sectors of Guatemalan society and for bringing critical issues onto the agenda of the peace negotiations. Calls on: (1) the Group of Friends of the peace negotiations (Colombia, Mexico, Spain, Venezuela, Norway, and the United States) to continue and intensify their support of such negotiations; (2) President de Leon Carpio to develop a measurable and substantive plan to end human rights abuses and disband the Civil Self-Defense Patrols, to ensure the safety of the returnees, and to recognize the civilian character of the Communities of Populations in Resistance; and (3) the executive branch of the U.S. Government to condition all assistance to Guatemala, except for humanitarian and development assistance, on achieving concrete and significant progress with respect to full compliance with recommended measures of the Inter-American Commission on Human Rights, the continuation of the peace process, substantive improvement in the protection of human rights, the dissolution of the Patrols, the guaranteed safety of refugees, returnees, and the internally displaced, verifiable resolution of the Devine, Ortiz, Harbury, and Mack cases, and the strengthening of the various segments of civilian society.

Bill· SS. 1943 (103rd)referred

Job Training Consolidation Act of 1994

United States · United States Congress · 17 March 1994

TABLE OF CONTENTS: Title I: Use of Federal Funds for State Employment Training Activities Title II: Development of State Employment Training Systems Subtitle A: Commission on Employment and Training Subtitle B: Consolidation of Employment Training Programs Job Training Consolidation Act of 1994 - Consolidates Federal employment and training programs. Grants waivers to States and localities to coordinate program services during a transition period. Establishes a national commission to develop a national policy for a comprehensive system of such services, with State and local responsibility for, and private sector involvement in, design and implementation of such services. Title I: Use of Federal Funds for State Employment Training Activities - Allows States and localities that receive formula assistance for covered activities under specified Federal employment training programs, or certain discretionary assistance, or States that apply for funds for trade adjustment assistance services, to: (1) use such assistance to develop a comprehensive statewide employment training system; or (2) use assistance that would otherwise have been used for two or more covered activities to address unemployed persons' high priority needs for employment training services, improve efficiency in delivery of covered activities, or combine or eliminate overlapping or duplicative activities. (Sec. 105) Requires State and locality reports on use of such assistance. Title II: Development of State Employment Training Systems - Subtitle A: Commission on Employment and Training - Establishes the Commission on Employment and Training. (Sec. 204) Terminates the Commission after its report. (Sec. 205) Authorizes appropriations. Subtitle B: Consolidation of Employment and Training Programs - Repeals, 29 months after enactment of this Act, the following: (1) the Job Training Partnership Act; (2) the Carl D. Perkins Vocational and Applied Technology Act; (3) certain literacy programs under the Adult Education Act; (4) the JOBS program for AFDC recipients under the Social Security Act; (5) trade adjustment assistance services under the Trade Act of 1974; (6) the Wagner-Peyser Act (employment services); (7) vocational rehabilitation services under the Rehabilitation Act of 1973; (8) employment and training program provisions under the Food Stamp Act of 1977; (9) the Refugee Education Assistance Act of 1980; (10) the State legalization impact assistance grant program under the Immigration Reform and Control Act of 1986; (11) education, training, and community services programs under the Stewart B. McKinney Homeless Assistance Act; and (12) community service employment for older Americans under the Older Americans Act of 1965. (Sec. 212) Directs the Commission on Employment and Training to conduct a study to: (1) develop a single, coherent national policy to guide federally funded employment training efforts; (2) review specified programs and reports, and examine strategies to consolidate or eliminate the programs and activities scheduled to be repealed to create a single, comprehensive employment training system that gives States maximum flexibility and leads to single, integrated approaches to providing information on all available employment training services and to job training that involves private employers in locally established initiatives; (3) examine strategies involving private employers in local training linked to available employment opportunities; (4) determine the best administrative structure for such system, and the agency to conduct Federal oversight; (5) examine strategies for a national online labor market information system; and (6) determine standards for Federal measurement of program effectiveness, State provision of effective services, and a common terminology. Requires the Commission to submit: (1) a report on such study and recommendations to specified congressional committees; and (2) to the Congress, a draft of a joint resolution to consolidate or eliminate the covered programs and activities to create the national system, implement the strategies, establish or designate the agency and the structure, establish the labor market information system, and implement the standards. (Sec. 213) Sets forth an expedited procedure for congressional consideration of the Commission's proposed reforms in its draft of the joint resolution.

Bill· SS. 1934 (103rd)referred

Criminal Alien Control Act of 1994

United States · United States Congress · 16 March 1994

TABLE OF CONTENTS: Title I: Deportation of Criminal Aliens Title II: Local Cooperation with Federal Officials and Procedures Title III: Miscellaneous Criminal Alien Control Act of 1994 - Title I: Deportation of Criminal Aliens - Amends the Immigration and Nationality Act to provide that an alien who is convicted of any felony, not just specified felonies as under current law, may be deported. (Sec. 102) Presumes conclusively that an alien convicted of a felony is deportable. Eliminates the administrative hearing process for criminal aliens not lawfully admitted for permanent residence or those with conditional permanent resident status. (Sec. 103) Permits a U.S. district court or a State court to enter a judicial order of deportation at the time of sentencing an alien. (Sec. 105) Restricts certain defenses to deportation available for certain criminal aliens. (Sec. 106) Requires the deportation of a criminal alien after the issuance of the deportation order, even if an appeal is made. Permits review of the order by such alien while outside the United States. (Sec. 107) Increases penalties for deported criminal aliens who return to the United States. (Sec. 108) Places restrictions on asylum claims for criminal aliens. (Sec. 109) Requires the Federal incarceration of an undocumented criminal alien under specified circumstances. Title II: Local Cooperation with Federal Officials and Procedures - Denies funding under the Violent Crime Control and Law Enforcement Act of 1993 to a State or local government that will not provide requested information to Federal immigration officials. Title III: Miscellaneous - Provides for the detention of undocumented criminal aliens on closed military installations.

Bill· HRH.R. 4055 (103rd)referred

Violent and Repeat Offender Accountability Act of 1994

United States · United States Congress · 16 March 1994

TABLE OF CONTENTS: Title I: Boot Camp Title II: Stonger Penalties for Drug Offenders Title III: Violence Against Women and Children Title IV: Immigration and Asylum Reform Title V: Child-Related Sex Offenders Title VI: Truth in Sentencing Title VII: Three Strikes and You're Out Title VIII: Habeas Corpus Reform Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases Title IX: Increase Penalties for Juveniles Title I: Boot Camp - Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary of Defense, before any transferring or disposing of real property at a military facility being closed or realigned, to notify the State and each local government in whose jurisdiction the facility is located and other interested persons of the suitability of the property or facility for use as a youthful offender boot camp. Requires the State, local government, or interested party to whom such real property is so transferred to certify that the property or facilities will be promptly converted and used for such purpose. Directs the Secretary to develop a model program intended to incorporate military basic training, instruction, and disciplinary procedures into the design and operation of youthful offender boot camps at the Federal, State, and local levels. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to reallocate between public agencies and private nonprofit organizations the percentage of grant funds authorized under such Act for correctional options that provide alternatives to traditional modes of incarceration and offender release programs. Title II: Stronger Penalties for Drug Offenders - Amends the Controlled Substances Act to provide for life imprisonment without parole, probation, or suspension or the death penalty for certain drug trafficking offenses. Makes procedures applicable to the death penalty for certain offenses under the Federal Aviation Act of 1958 applicable to the death penalty for an offense under this title. Title III: Violence Against Women and Children - Amends the Federal criminal code to provide for: (1) pretrial detention in sex offense cases; and (2) the death penalty for murders committed by sex offenders. (Sec. 303) Increases penalties for: (1) recidivist sex offenders; and (2) sex offenses against victims under age 16. (Sec. 305) Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase by at least four levels the base level for aggravated sexual abuse or sexual abuse offenses and to consider whether any other changes are warranted with respect to such offenses. (Sec. 306) Requires a judicial officer, in a sex offense case, to include in an order for release or detention of a defendant pending trial a requirement that a test for human immunodeficiency virus (HIV) be performed upon the person and that followup tests for the virus be performed six to 12 months following the date of the initial test, unless the judicial officer determines that the conduct of the person created no risk of transmission of the virus to the victim. Directs the Sentencing Commission to amend existing guidelines for sex offenses to enhance the sentence if the offender knew or had reason to know that he was infected with HIV, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. (Sec. 307) Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. (Sec. 308) Amends the Federal criminal code to establish penalties for interstate travel to commit spouse abuse or to violate a protective order. (Sec. 309) Provides for full faith and credit of protective orders among the States. (Sec. 310) Expresses the sense of the Congress that, for purposes of determining child custody, evidence establishing that a parent engages in physical abuse or a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse. Title IV: Immigration and Asylum Reform - Amends the Immigration and Nationality Act (INA) to provide expedited exclusion procedures for aliens who arrive without proper documentation or who are determined by a special asylum officer not to have a proper claim of asylum (based upon a credible fear of persecution). Limits judicial review to habeas corpus. (Sec. 402) Increases penalties for certain alien smuggling offenses. Extends penalties to persons who contract to bring in illegal labor. Treats smuggling as an aggravated felony. (Sec. 403) Expands forfeiture for smuggling or harboring illegal aliens. Includes alien smuggling as a racketeering activity for purposes of the Racketeer Influenced and Corrupt Organizations Act. (Sec. 406) Revises asylum procedures. Sets forth mandatory and discretionary conditions for granting provisional asylum. Establishes new applicable deadlines. States that asylum applications shall be determined by specially trained asylum officers. Terminates an alien's claim for failure to appear at the application hearing unless the alien can show exceptional circumstances. (Sec. 409) Directs the Attorney General to cause to be issued new registration and identification cards to all aliens who are qualified to hold employment in the United States for the purpose of providing proof of employment eligibility. (Sec. 410) Requires each alien who is authorized to be employed in the United States to turn in any alien registration and identification card on or before October 1, 1994. Prohibits any resident alien from receiving the new card until: (1) the alien has surrendered the old green card, provided proof of identity, provided such other documents as may be required under law, and paid a fee (not to exceed $75, subject to waiver or reduction if the alien shows that he or she cannot afford the full fee) that is reasonable and sufficient to cover the costs of administration of this section; and (2) the Immigration and Naturalization Service has verified the lawful status of the alien. Sets forth provisions regarding the: (1) posting of notices of the requirements of this section; (2) invalidity of old cards as of midnight October 1, 1997; (3) use of new cards with respect to income and eligibility verification requirements under the Social Security Act and conditions for the provision of financial assistance for individuals under the Housing and Community Development Act of 1980; and (4) limitations on required uses of such cards (not a national identity card). (Sec. 412) Directs the Attorney General to conduct a nationwide program to inform employers about their responsibilities under the INA and the uses of the new alien registration and identification cards. (Sec. 413) Authorizes appropriations. (Sec. 414) Directs the Attorney General to: (1) continue to conduct employment eligibility verification demonstration projects under the INA to establish the feasibility of determining the employment eligibility of aliens authorized to work in the United States through the use of a telephone and computation capability that is available on the date of this Act's enactment; and (2) report to the Congress on such projects. Title V: Child-Related Sex Offenders - Expresses the sense of the Congress regarding: (1) criminal background checks for prospective employees or volunteers of schools and other State-licensed or tax-funded organizations that interact with children; (2) registration of persons convicted of a child-related sex offense with the local law enforcement agency (LEA); (3) LEA submission of information on individuals convicted of such offenses to the national criminal history background check system and LEA access of the Federal Bureau of Investigation data base for criminal background checks on employees, prospective employees, or volunteers in State-licensed or federally funded organizations that interact with children; (4) release of police information on whether a person has been convicted of such an offense where the convicted person lives in the same country as the person making the request; (5) criminal penalties for violating confidentiality requirements governing the release of information obtained through the registration of individuals who have committed such offenses; (6) a prohibition against a school, child care institution, foster family or group home, or child placing agency hiring or utilizing an individual convicted of such an offense; and (7) notification of the school superintendent by the LEA or prosecuting attorney regarding the arrest or filing of charges against a person known to be employed by such school. Title VI: Truth in Sentencing - Violent and Repeat Offender Accountability Act of 1994 - Requires each State, to be eligible for funds under this title, to conduct and report to the Attorney General on a systematic review of its criminal sentencing laws and practices, including analyses related to: (1) the State statutory criminal sentencing scheme; (2) sentences actually imposed for specified crimes; (3) time actually served; (4) practices and procedures relating to probation, parole, and other alternatives to incarceration; (5) restitution; (6) pretrial detention; (7) victims' rights; (8) post-conviction relief procedures; (9) application of adult sentencing laws to juvenile offenders; and (10) prison capacity. (Sec. 605) Directs each State to submit to the Attorney General for approval a plan that evaluates the criminal sentencing system and, if necessary, creates a sentencing system which provides for: (1) State constitutional or statutory authority for pretrial detention of dangerous criminals; (2) mandatory minimum prison sentences which do not allow probation or suspension of sentence for certain violent or repeat offenders; (3) mandatory life sentence with no release for a third or subsequent conviction of a violent crime; (4) provisions which restrict parole, good-time credit release for violent offenders, or other early release to not more than a total reduction of 15 percent of the sentence imposed; and (5) State constitutional or statutory provisions which guarantee victims the right to be informed, present, and heard at all critical stages of the criminal case, and which ensure the collection, tracking, and enforcement of restitution from the offender in all cases involving economic loss to the victim. (Sec. 606) Makes funds available from amounts appropriated for foreign operations, trade promotion, travel and tourism activities, and Federal land purchases. Limits the Federal share of grants under this title to 50 percent of total project costs. Title VII: Three Strikes and You're Out - Requires the court, in the case of a conviction for a Federal violent felony, to sentence the defendant to prison for life if the defendant has previously been convicted of two other violent felonies. Provides that the defendant shall be subject to the death penalty if a death results from the violent felony. Defines "violent felony" as a State or Federal crime of violence: (1) that involves the threat, use, or risk of physical force against another person; (2) for which the maximum authorized imprisonment exceeds one year; and (3) which is not designated a misdemeanor by the law that defines the offense. Title VIII: Habeas Corpus Reform - Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 802) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. (Sec. 804) Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. (Sec. 805) Establishes a two-year statute of limitations for habeas corpus actions brought by Federal prisoners. Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases - Sets forth special habeas corpus procedures in capital cases, including provisions regarding: (1) the appointment of counsel for indigent prisoners and limitations on claims for the ineffectiveness or incompetence of counsel; (2) mandatory stays of execution, limits on stays of execution, and successive petitions; (3) time requirements and tolling rules for the filing of petitions; (4) evidentiary hearings, the scope of Federal review, and district court adjudication; (5) certificates of probable cause (inapplicable except when a second or successive petition is filed); (6) application to State unitary review procedure; and (7) limitation periods for determining petitions. Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of the Bureau of Justice Assistance to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Title IX: Increase Penalties for Juveniles - Amends the Federal criminal code to authorize prosecution as an adult of a juvenile who was age 13 or older and in possession of a firearm at the time he or she committed one of the following offenses: (1) assault with intent to commit murder, to commit any felony except murder, or to do bodily harm without just cause or excuse; (2) murder, attempted murder, or manslaughter; (3) taking from the person or presence of another anything of value by force, violence, or intimidation; (4) bank robbery and certain incidental crimes; or (5) an aggravated sexual abuse by force or threat or by other specified means. Prohibits the juvenile from being incarcerated in an adult prison. Entitles the juvenile to petition for resentencing when he or she reaches age 16. Requires the Sentencing Commission to promulgate or amend existing guidelines, if necessary, to permit sentencing adjustments that provide for supervised releases for defendants who have clearly demonstrated an exceptional degree of responsibility for the offense and a willingness and ability to refrain from future criminal conduct.

Bill· HRH.R. 4059 (103rd)referred

Immigration Reform Act of 1994

United States · United States Congress · 16 March 1994

Immigration Reform Act of 1994 - Amends the Immigration and Nationality Act to: (1) provide for expedited deportation and exclusion of convicted aliens; (2) expand the grounds for health-related alien exclusions; (3) prohibit direct Federal financial benefits to unlawful aliens; and (4) provide for detention of aliens applying for asylum.

Bill· SS. 1923 (103rd)open

Immigration Stabilization Act of 1994

United States · United States Congress · 10 March 1994

TABLE OF CONTENTS: Title I: Admission of Immigrants Title II: Admission of Refugees Title III: Asylum Reform Title IV: Criminal Aliens Title V: Financial Responsibility Title VI: Employer Sanctions Title VII: Border Security Title VIII: Alien Smuggling Title IX: Effective Date Immigration Stabilization Act of 1994 - Title I: Admission of Immigrants - Amends the Immigration and Nationality Act to reduce annual immigration ceilings. (Sec. 103) Revises immigration preference allocations. Title II: Admission of Refugees - Limits nonemergency refugee admissions in any fiscal year to 50,000. (Sec. 202) Requires congressional approval for additional emergency refugee admissions. (Sec. 203) Repeals the Cuban Adjustment Act (P.L. 94-571). Title III: Asylum Reform - Amends provisions with respect to: (1) alien inspection and exclusion by immigration officers; (2) asylum; and (3) judicial review. Title IV: Criminal Aliens - Expands the definition of "aggravated felony." (Sec. 402) Provides for the expedited deportation of certain nonpermanent resident aliens convicted of an aggravated felony. (Sec. 403) Authorizes judicial deportation for an alien convicted of a felony. (Sec. 405) Increases penalties for reentry or failure to depart. (Sec. 406) Authorizes the deportation of an alien prisoner prior to sentence completion under specified circumstances. (Sec. 407) Amends Federal criminal law to require the issuance of a judicial order of deportation in the case of an alien being sentenced for an aggravated felony. (Sec. 408) Authorizes Federal incarceration and deportation of certain State-convicted aliens. (Sec. 409) Amends Federal criminal law to increase penalties for specified visa and passport related crimes. (Sec. 410) Requires State or local law enforcement agencies to notify the district Immigration and Naturalization Service office upon the felony arrest of an alien. (Sec. 412) Authorizes the exclusion of an alien in violation of any immigration law or any Federal or State fraud law, including income tax evasion. Title V: Financial Responsibility - Authorizes the admission of an alien otherwise excludable as a public charge (as defined by this Act) if such alien has a sponsor guarantee of financial responsibility. (Sec. 503) Limits benefits, including unemployment benefits, for illegal aliens. Title VI: Employer Sanctions - Revises employer sanction provisions, including: (1) work eligibility documents; and (2) social security telephone verification. (Sec. 603) Directs the Secretary of Health and Human Services to establish a national electronic network linking State vital statistics records. Title VII: Border Security - Increases Border Patrol personnel levels. Establishes: (1) a border crossing fee; and (2) a Border Control Trust Fund. (Sec. 704) Amends the Act to establish increased penalties or a required pilot program for international carriers that bring in more than specified numbers of undocumented aliens. Title VIII: Alien Smuggling - Directs the Secretary of State to enter into cooperative foreign arrangements to prevent the unlawful entry of aliens into the United States. (Sec. 802) Directs the Secretary of Defense to instruct the Coast Guard with respect to preventing the illegal entry of aliens into the United States by sea. (Sec. 803) Amends Federal criminal law to bring specified alien related activities under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 804) Increases alien smuggling penalties. (Sec. 805) Expands forfeiture provisions for smuggling or harboring aliens. (Sec. 806) Amends Federal criminal law to authorize wiretaps for alien smuggling investigations. Title IX: Effective Date - Sets forth the effective date for provisions of this Act.

Bill· SS. 1884 (103rd)referred

Comprehensive Immigration and Asylum Reform Act of 1994

United States · United States Congress · 2 March 1994

TABLE OF CONTENTS: Title I: Alien Smuggling Control Title II: Port of Entry Inspections Title III: Penalties for Document Fraud and Misrepresentation Title IV: Asylum Reform Title V: Illegal Immigration and Border Security Title VI: Border Crossing User Fee Title VII: Detention of Illegal Aliens Title VIII: Public Benefits Abuse Title IX: Work Authorization Verification Title X: Numerical Limitations on Admission of Aliens into the United States Title XI: Miscellaneous Provisions Comprehensive Immigration and Asylum Reform Act of 1994 - Title I: Alien Smuggling Control - Amends the Immigration and Nationality Act to: (1) increase the penalty for alien smuggling; (2) provide an additional penalty for a smuggler who subjects an alien to a substantial risk of death or bodily harm; and (3) subject any smuggler to the death penalty for causing the death of an alien. (Sec. 103) Makes it a crime to smuggle aliens for the purpose of committing crimes in the United States. (Sec. 104) Adds smuggling to RICO. (Sec. 105) Expands Immigration and Naturalization Service (INS) seizure authority to permit the seizure of any property used for smuggling or harboring aliens. (Sec. 106) Grants the INS wiretap authority for alien smuggling investigations. (Sec. 111) Expands the definition of aggravated felony for purposes of the immigration laws to include firearms violations, child pornography, RICO violations, and specified other crimes. (Sec. 112) Presumes deportable any alien convicted of an aggravated felony. Provides for the elimination of an administrative hearing for an alien convicted of an aggravated felony who is not lawfully admitted for permanent resident or is a conditional permanent residence. Eliminates other specified deportation procedures for such aliens. (Sec. 113) Permits a U.S. district court to enter a judicial order of deportation at the time of sentencing an alien. (Sec. 114) Restricts certain defenses to deportation available for certain criminal aliens. (Sec. 115) Increases criminal and civil penalties for failing to depart. Title II: Port of Entry Inspections - Makes excludable any alien who presents forged, stolen, altered, or counterfeit documents. Excepts those with a credible fear of persecution or of return to persecution who used such documents. Defines credible fear of persecution or of return to persecution. (Sec. 203) Restricts judicial review to limited habeas corpus proceedings. Title III: Penalties for Document Fraud and Misrepresentation - Increases penalties for fraud and misuse of immigration documents and government issued identification documents. (Sec. 302) Establishes civil and criminal penalties for the preparers of false documents. (Sec. 303) Makes it unlawful to present fraudulent documents before boarding a common carrier or upon arrival. Title IV: Asylum and Reform - Places limits on an asylum applicant's authority to work. (Sec. 403) Grants the Attorney General authority for two years for a program to address the asylum backlog. (Sec. 405) Precludes counting any time in deportation proceedings towards the seven consecutive years defense. Title V: Illegal Immigration and Border Security - Provides for the hiring of 125 additional INS investigators and support staff. Provides additional funding for deportation costs. Title VI: Border Crossing User Fee - Providers for the imposition of fees at ports of entry sufficient to cover the INS's costs of maintaining and operating port of entry facilities. Requires fees to be deposited in the Land Border User Fee Account. Provides for the funding of 100 additional Border Patrol agents and support personnel from the Account. Title VII: Detention of Illegal Aliens - Provides for a two year pilot program of using closed military bases for the detention of illegal aliens. Title VIII: Public Benefits Abuse - Prohibits any unlawful alien from receiving any financial benefits under any Federal program except for specified emergency health care or child nutrition programs. (Sec. 802) Attributes sponsor income to family preference aliens. Title IX: Work Authorization Verification - Provides for the development and implementation of a counterfeit-resistant system to verify work eligibility and Federally-funded public assistance benefits eligibility for all individuals within the United States. Prohibits any document which may be issued under such program from being used as a national identification card. Title X: Numerical Limitations on Admission of Aliens into the United States - Reduces worldwide immigration during FY 1995 through 1999. Limits numerically the number of refugees that may be admitted in any year, unless the Congress enacts an exception. Title XI: Miscellaneous Provisions - Provides for the availability of information for use in criminal prosecutions. Provides for communications between Federal agencies and the INS.

Resolution· HCONRESH.Con.Res. 212 (103rd)referred

Expressing the sense of the Congress regarding the Guatemalan peace process and the need for greater protection of human rights in Guatemala.

United States · United States Congress · 24 February 1994

Commends: (1) the President of Guatemala, Ramiro de Leon Carpio, and the leaders of the Guatemalan National Revoluntionary Union for establishing a framework for formal negotiations to bring an end to the internal armed conflict and set Guatemala on the road to democracy; and (2) the leaders of the various segments of civilian society, under the leadership of Bishop Rodolfo Quezada Toruno, for their role in articulating the concerns of all sectors of Guatemalan society and for bringing critical issues onto the agenda of the peace negotiations. Calls on: (1) the Group of Friends of the peace negotiations (Colombia, Mexico, Spain, Venezuela, Norway, and the United States) to continue and intensify their support of such negotiations; (2) President de Leon Carpio to develop a measurable and substantive plan to end human rights abuses and disband the Civil Self-Defense Patrols, to ensure the safety of the returnees, and to recognize the civilian character of the Communities of Populations in Resistance; and (3) the executive branch of the U.S. Government to condition all assistance to Guatemala, except for humanitarian and development assistance, on full compliance with recommended measures of the Inter-American Commission on Human Rights, on continuation of the peace process, on substantive improvement in the protection of human rights, on the dissolution of the Patrols, on the guaranteed safety of refugees, returnees, and the internally displaced, on verifiable resolution of the Devine, Ortiz, and Mack cases, and on the strengthening of the various segments of civilian society.

Bill· SS. 1856 (103rd)open

Peace, Prosperity, and Democracy Act of 1994

United States · United States Congress · 22 February 1994

TABLE OF CONTENTS: Title I: Sustainable Development Title II: Building Democracy Title III: Promoting Peace Title IV: Providing Humanitarian Assistance Title V: Promoting Growth Through Trade and Investment Title VI: Advancing Diplomacy Title VII: Special Authorities, Restrictions on Assistance, and Reports Title VIII: General Provisions Title IX: Technical and Conforming Provisions Peace, Prosperity, and Democracy Act of 1994 - Repeals the Foreign Assistance Act of 1961 (with the exception of a few provisions) as well other specified foreign relations and assistance Acts. Sets forth revised foreign assistance policy provisions. Title I: Sustainable Development - Chapter 1: Sustainable Development Authorities - Sets forth policy for sustainable development programs and voluntary cooperation in development. (Sec. 1103) Encourages the President to establish a formal and continuing partnership with private voluntary organizations, cooperatives, and credit unions which have experience working in developing countries, and with colleges and universities, to carry out the objectives of this title. Authorizes the President to use funds in support of this title for: (1) schools and libraries outside the United States that are sponsored by U.S. citizens and that serve as study and demonstration centers for the ideas and practices of the United States; and (2) hospital centers for medical education and research outside the United States that are sponsored by U.S. citizens. (Sec. 1104) Permits the President to provide assistance for credit programs in furtherance of the following sustainable objectives: (1) micro- and small enterprise development; (2) shelter, urban services, and environmental infrastructure; and (3) other programs to carry out the purposes of this chapter. Chapter 2: Development Fund for Africa - Makes funds under chapter 1 available for programs for Subsaharan Africa. Chapter 3: Role of Related Programs - Sets forth U.S. policy regarding: (1) the role of international financial institutions; (2) the Peace Corps; (3) the African Development and Inter-American Foundations; and (4) specified non-emergency food assistance programs. Title II: Building Democracy - Sets forth policy regarding the promotion of democracy. Chapter 1: Promoting Democracy - Subchapter A: Countries in Transition - Authorizes the President to provide assistance for countries: (1) that have recently emerged or are in the process of emerging as democratic societies; (2) that have recently emerged or are emerging from civil strife and either have a democratically-elected government or are making progress toward developing such a government; or (3) where democratic progress or institutions are threatened. (Sec. 2102) Declares that programs under this subchapter should be designed to facilitate the trend toward more open, just, and democratic societies. Permits such assistance to military and law enforcement forces to: (1) orient militaries or law enforcement agencies to their respective roles in a democratic order; (2) enhance the accountability of law enforcement agencies to civil justice institutions; (3) promote demilitarization of society; and (4) meet security challenges on a transitional basis that threaten to impede or reverse democratic reforms or institutions. Subchapter B: Independent States of the Former Soviet Union - Makes funds available for assistance to the independent states of the former Soviet Union as authorized and appropriated to the President each fiscal year. Subchapter C: Central and Eastern Europe - Sets forth policy towards democracy and free enterprise in Central and Eastern Europe. (Sec. 2302) Makes funds available for assistance for Central and Eastern Europe as authorized and appropriated to the President each fiscal year. Chapter 2: Information and Exchange - Sets forth policy with respect to programs administered by the U.S. Information Agency (USIA). Title III: Promoting Peace - Chapter 1: Peacekeeping and Related Programs - Sets forth policy concerning peacekeeping and related programs. (Sec. 3102) Authorizes the President to: (1) pay assessed and other contributions and expenses of international peacekeeping activities; and (2) furnish assistance to foreign countries and international and regional organizations and arrangements for peacekeeping. (Sec. 3103) Authorizes the President to direct the drawdown of up to $100 million (currently, $75 million) worth of defense articles and services in unforeseen emergencies. Authorizes appropriations as necessary to reimburse the applicable appropriation, fund, or account. Chapter 2: Nonproliferation and Disarmament Fund - Authorizes assistance to be provided for specified activities to facilitate the dismantlement and nonproliferation of nuclear, biological, chemical, and conventional weapons. Chapter 3: Regional Peace, Security and Defense Cooperation - Authorizes assistance to be provided to: (1) support peace and the development of democratic institutions and to meet economic, political, and security needs in the Near East; (2) meet immediate threats to international peace and security posed by regional and internal conflicts through collective defense efforts; and (3) enhance the ability of countries willing to share the burden of collective security efforts to maintain international peace and security. (Sec. 3303) Declares that the President, in providing such assistance, should take into account the desirability of shifting resources away from the provision of defense articles to economic development purposes as rapidly as is warranted by the easing of threats to regional peace and the need to maintain ongoing defense relations. Chapter 4: International Narcotics Trafficking, Terrorism and Crime Prevention - Authorizes assistance to be provided to: (1) control narcotics and other controlled substances; (2) enhance the rule of law and the ability of law enforcement and defense personnel to combat international criminal activity; (3) enhance anti-terrorism skills of foreign law enforcement and defense personnel; (4) provide anti-crime, -terrorism, and -narcotics assistance to friendly countries; and (5) promote international criminal justice. (Sec. 3403) Incorporates certain existing anti-narcotics assistance and agreement authorities. (Sec. 3404) Prohibits Department of State employees from engaging in the training of law enforcement personnel for anti-terrorism programs, with a specified exception. (Sec. 3405) Makes provisions of law which prohibit assistance to countries in arrears on certain loan commitments to the United States inapplicable with respect to narcotics control assistance. Title IV: Providing Humanitarian Assistance - Chapter 1: Refugee Assistance - Lists purposes of refugee assistance. Incorporates existing provisions of law that provide for the U.S. Emergency Refugee and Migration Assistance Fund. Chapter 2: Disaster Assistance - Incorporates existing provisions of law that authorize international disaster assistance. Expands the source of funding from which the disaster account can borrow. Authorizes funds to be used to respond rapidly to reconstruction and institution-building needs arising from natural or manmade disasters. Chapter 3: Emergency Food Assistance - Sets forth U.S. policy regarding emergency food assistance. Title V: Promoting Growth Through Trade and Investment - Chapter 1: Overseas Private Investment Corporation - Incorporates certain existing provisions regarding the purpose and guidelines of the Overseas Private Investment Corporation (OPIC). Raises the ceiling on: (1) per capita income of countries required to receive preferential consideration for OPIC projects; and (2) the maximum contingent liability pursuant to insurance issued. (Sec. 5104) Authorizes OPIC to commit investment financing for direct lending in an amount of up to $5 billion for FY 1995 through 1999. Extends OPIC's authority to carry out investment insurance and financing through FY 1999. (Sec. 5201) Directs the Corporation to refuse to insure, reinsure, or finance an investment for purposes of establishing in a foreign country any export processing zone or area in which the tax, tariff, labor, environment, and safety laws of that country do not apply to activities carried out in the area unless the assistance is not likely to cause a loss of jobs within the United States. Chapter 2: Trade and Development Agency - Incorporates certain existing provisions of law regarding the Trade and Development Agency. Chapter 3: Role of Related Programs - Sets forth policy regarding food security and Export-Import Bank programs. Title VI: Advancing Diplomacy - Sets forth policy regarding the advancement of diplomacy. Title VII: Special Authorities, Restrictions on Assistance, and Reports - Chapter 1: Special Authorities - Revises existing provisions regarding the President's authority to transfer funds between foreign assistance accounts. (Sec. 7102) Sets forth presidential special waiver authorities similar to those under existing law. Raises annual ceilings on the amounts that can be authorized for arms sales or leases or foreign assistance or for the use of foreign currencies under such authorities. (Sec. 7103) Raises the annual ceiling on the amount the President can use for unanticipated contingencies. (Sec. 7104) Provides for assistance for certain law enforcement functions. (Sec. 7106) Provides that restrictions contained in any Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental or international organizations. (Sec. 7108) Authorizes the functions of this Act to be performed without regard to specified provisions of the Neutrality Act of 1939. (Sec. 7110) Incorporates certain existing provisions regarding the President's authority to conduct reimbursable programs. (Sec. 7111) Raises the ceiling on the amount of defense and services authorized to be drawn down in unforeseen emergencies or special circumstances. (Sec. 7113) Authorizes the use of sustainable development assistance funds to support development education programs. (Sec. 7114) Authorizes assistance to nongovernmental organizations to strengthen their capacity to carry out development programs. (Sec. 7115) Permits the use of certain funds under this Act to support activities of international tribunals, commissions, or panels to investigate or prosecute persons responsible for genocide, crimes against humanity, and other violations of international humanitarian law. Authorizes the President to draw down Federal property or services for such purposes. Chapter 2: Restrictions on Assistance - Incorporates and revises certain existing provisions to prohibit assistance to: (1) Communist countries; (2) human rights violators; (3) countries whose governments have expropriated U.S. property; (4) countries whose elected head of government is deposed by a military coup; (5) terrorist or major illicit drug producing or transit countries; and (6) countries in arrears to the U.S. Government for more than one year on any interest or principal on a loan or credit extended under this Act, the Arms Export Control Act, or the former authorities of the Foreign Assistance Act of 1961. (Sec. 7201) Provides for waivers of such restrictions if the President submits a certain report and the assistance: (1) is important to the national interest; (2) will directly benefit the needy; (3) is for refugees and displaced persons; or (4) will promote human rights and democracy. Requires the President to designate Communist countries. Prohibits the following with respect to human rights violators: (1) sales of defense articles and services and the issuance of export licenses under the Arms Export Control Act; and (2) the issuance of export licenses required for crime control and detection equipment under the Export Administration Act of 1979. Bars assistance under the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, and the Export-Import Bank Act of 1945 to terrorist countries. Prohibits arms sales under the Arms Export Control Act, the provision of agricultural commodities other than food under the Agricultural Trade Development and Assistance Act of 1954, and assistance under the Export-Import Bank Act of 1945 to major illicit drug producing and transit countries. (Sec. 7202) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for developing an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the areas, unless the President certifies that such assistance is not likely to cause a loss of jobs within the United States; or (3) assistance for any project that contributes to the violation of workers' rights. (Sec. 7203) Incorporates existing prohibitions on the use of funds to coerce a person to practice abortions or to perform, or undergo, involuntary sterilization. (Sec. 7204) Declares that the President, in determining whether to provide assistance under this Act, should take into consideration whether assistance would be furnished to support an activity that is specifically designed to increase exports of any agricultural, textile, or apparel commodity from a developing country where such exports: (1) would be in direct competition with U.S. exports; and (2) can reasonably be expected to cause substantial injury to U.S. exporters of the same or a similar commodity. (Sec. 7205) Incorporates restrictions on nuclear enrichment and reprocessing transfers and illegal nuclear exports similar to those under existing law. Retains a requirement that conditions assistance for Pakistan on a certification that Pakistan does not possess a nuclear explosive device. (Sec. 7206) Sets forth prohibitions on assistance to major illicit drug producing and transit countries. Authorizes (current law requires) the President to withhold up to 50 percent of the assistance allocated to such a country until the country has taken adequate steps to control cultivation, smuggling, trafficking, and abuse of illegal drugs. (Sec. 7208) Permits the President to waive a limitation on participation in combatant duties by the armed forces in carrying out assistance programs if such limitation is not in the national interest. (Sec. 7209) Prohibits the use of development assistance for military or paramilitary purposes, with exceptions for military participation in training activities, conferences, and other sustainable development programs. (Sec. 7210) Incorporates certain existing provisions concerning the impact of development assistance programs on the environment. Urges (current law requires) the President to prepare and take into account environmental assessments of proposed programs. Chapter 3: Reports and Notifications to Congress - Sets forth requirements for: (1) congressional presentation documents for programs under titles I, II, and III of this Act; (2) human rights, international narcotics control, and annual allocation reports; (3) notification of program changes; and (4) the establishment of a program within the Agency for International Development (AID) to evaluate and monitor development program performance. Title VIII: General Provisions - Chapter 1: Exercise and Coordination of Functions - Incorporates existing provisions concerning delegation of authorities by the President and the roles of the Secretaries of State and Defense concerning foreign assistance. (Sec. 8104) Requires AID to be under the foreign policy guidance and subject to the supervision of the Secretary of State. Chapter 2: Administrative Authorities - Subchapter A: General Authorities - Incorporates certain existing provisions regarding the allocation of funds and reimbursement among Federal agencies. (Sec. 8202) Authorizes the President to charge fees for guarantees and loans issued in connection with assistance under this Act. Incorporates certain existing general assistance authorities. Authorizes any agency administering assistance under this Act to establish a working capital fund to be used for expenses related to the training of foreign nationals. Removes certain ceilings on the amount of assistance funds available for entertainment expenses, the acquisition of living quarters, schools, and hospitals for personnel, and the education of dependents. Subchapter B: Department of Defense Administrative Authorities - Incorporates certain existing provisions that make funds available for administrative expenses incurred in furnishing assistance through the Department of Defense (DOD). (Sec. 8212) Provides that no prior consent for transfer by a foreign country of defense articles sold by the United States shall be required if: (1) such articles constitute components incorporated into a foreign defense article; (2) the recipient is the government of a North Atlantic Treaty Organization (NATO) country, Australia, or Japan; (3) the U.S.-origin components were not significant military equipment and are not Missile Technology Control Regime items; and (4) the foreign country or persons transferring the items provide notification to the United States within 30 days following the transfer. Chapter 3: Special Requirements and Authorities Relating to Appropriations and Local Currencies - Subchapter A: Provisions Relating to Appropriations - Incorporates certain existing provisions that require authorization before funds appropriated for foreign assistance are expended. (Sec. 8302) Authorizes funds to remain available until expended. Subchapter B: Local Currencies - Incorporates certain existing provisions concerning the use of, and interest on, local currencies. Chapter 4: Procurement and Disposition of Articles - Requires the President to: (1) carry out assistance programs through private channels to the maximum extent practicable; (2) utilize the products and services of the U.S. private sector to operate projects in cases in which direct private investment is not readily encouraged; and (3) utilize goods and services of private enterprise on a contract basis in providing technical assistance. (Sec. 8403) Incorporates and revises certain existing authorities concerning shipping on U.S. vessels and the use of excess property in furnishing assistance. (Sec. 8405) Sets forth conditions on the transfer of excess defense articles. (Sec. 8407) Authorizes the President to designate countries in which a stockpile may be located. Chapter 5: Personnel and Administrative Expenses - Subchapter A: General - Authorizes the President to appoint 12 officers in AID. (Sec. 8502) Sets forth provisions regarding: (1) the employment of personnel; (2) the use of experts and consultants; and (3) the detail of personnel to foreign governments and international organizations. (Sec. 8511) Authorizes AID to expend funds in advance of appropriations in an amount sufficient to maintain operations at posts abroad for up to three days. Subchapter B: Overseas Management of Assistance and Sales Programs Administered Through the Department of Defense - Authorizes the President to detail members of the armed forces to foreign countries to perform certain functions for the management and sales programs administered through DOD under this Act and the Arms Export Control Act. (Sec. 8521) Requires advisory and training assistance by members of the armed forces to be kept to an absolute minimum. Subchapter C: Administrative Provisions for the Trade and Development Agency - Incorporates certain existing provisions concerning the Trade and Development Agency. Subchapter D: Administrative Provisions for the Overseas Private Investment Corporation - Incorporates certain existing administrative provisions for OPIC. Subchapter E: Definitions and Miscellaneous Provisions - Sets forth specified definitions. Title IX: Technical and Conforming Provisions - States that this Act shall take effect on October 1, 1994. (Sec. 9103) Incorporates certain existing provisions concerning: (1) the Federal Act of State doctrine; (2) accounting and valuation of foreign currencies and expropriated property; and (3) participation in foreign police actions. (Sec. 9104) Makes conforming amendments and repeals specified laws.

Bill· HRH.R. 3860 (103rd)open

Illegal Immigration Control Act of 1994

United States · United States Congress · 10 February 1994

TABLE OF CONTENTS: Title I: Interdiction Title II: Alien Smuggling Title III: Employment Title IV: Government Benefits Title V: Criminal Aliens Title VI: Terrorist Aliens Title VII: Inspections Title VIII: Asylum Illegal Immigration Control Act of 1994 - Title I:Interdiction - Directs the Attorney General to install additional physicial barriers in high illegal-entry border areas. (Sec. 102) Authorizes appropriations for additional Border Patrol personnel. (Sec. 103) Directs the Attorney General and the Commissioner of the Immigration and Naturalization Service (INS) to: (1) implement an interior repatriation program for illegal aliens who have been deported at least three times; and (2) increase border detention facilities. (Sec. 104) Authorizes the transfer of closed military bases to be used as Federal incarceration facilities for illegal aliens. (Sec. 105) Authorizes the Attorney General to require vessels to provide INS with port of entry notification. (Sec. 106) Directs the Commissioner to collect a user fee for each U.S. land entry. (Sec. 107) Establishes a Border Control Trust Fund. Title II: Alien Smuggling - Amends the Immigration and Nationality Act (the Act) to expand INS forfeiture authority for smuggling or harboring illegal aliens. (Sec. 202) Brings alien smuggling operations under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 203) Amends the Act to increase penalties for certain alien smuggling offenses. (Sec. 204) Amends Federal law to authorize INS wiretaps for alien smuggling investigations. Title III: Employment - Amends the Act to revise alien employment documentation and employer verification provisions, including social security card enhancements. (Sec. 302) Authorizes appropriations for additional INS investigators. Title IV: Government Benefits - Prohibits direct Federal benefits (except for emergency medical care) or housing assistance to an alien who is not a permanent resident, a refugee, an asylee, or a parolee. (Sec. 402) Prohibits unemployment benefits to an alien who has not been granted INS work authorization. (Sec. 404) Authorizes appropriations for the Save System. (Sec. 405) Reduces Federal assistance by 20 percent to any locality that refuses to cooperate in the arrest and deportation of illegal aliens. (Sec. 406) Establishes a uniform vital statistics pilot program for three States with high numbers of undocumented aliens. Authorizes appropriations. Title V: Criminal Aliens - Amends the Act to include aliens on criminal probation or criminal parole among the categories of aliens subject to special registration. (Sec. 502) Expands the definition of "aggravated felony." (Sec. 503) Expedites deportation proceedings for specified criminal aliens. (Sec. 504) Provides for judicial deportation of aliens convicted of an aggravated felony. (Sec. 505) Restricts specified deportation defenses. (Sec. 508) Directs the Commissioner to operate a criminal alien tracking center. Authorizes appropriations. (Sec. 509) Directs the Secretary of State and the Attorney General to study the use and effectiveness of the Prisoner Transfer Treaty with Mexico to remove convicted aliens from the United States. Title VI: Terrorist Aliens - Amends the Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases. (Sec. 602) Makes membership in a terrorist organization a basis for U.S. exclusion. Title VII: Inspections - Directs the Attorney General to establish: (1) specified numbers of preinspection stations at foreign airports identified as last departure points for the greatest numbers of U.S.-arriving passengers and at those with the greatest numbers of U.S.-arriving undocumented aliens; and (2) an air carrier consultant program. (Sec. 702) Provides for the training of airline personnel in fraudulent document detection. (Sec. 703) Amends Federal law to increase specified passport and visa penalties. Title VIII: Asylum - Amends the Act to revise asylum procedures. (Sec. 802) Sets forth mandatory and discretionary conditions for granting provisional asylum.

Bill· HRH.R. 3862 (103rd)referred

Immigration Moratorium Act of 1994

United States · United States Congress · 10 February 1994

Immigration Moratorium Act of 1994 - Title I: Immigration Moratorium - Amends the Immigration and Nationality Act to restrict U.S. immigration levels to specified numbers of family-sponsored immigrants, employment-based immigrants, and refugees. Title II: Prohibition of Federal Benefits for Certain Aliens - Prohibits direct Federal financial assistance and unemployment benefits to aliens who are not lawful permanent residents. Title III: Asylum Reform - Amends the Act to revise and expedite asylum procedures. Title IV: Citizenship - Restricts the basis for automatic U.S. citizenship for certain persons born in the United States to a mother who is neither a U.S. citizen nor a lawful permanent resident. Title V: Border Security - Increases the number of Border Patrol personnel.

Bill· HRH.R. 3765 (103rd)referred

Peace, Prosperity, and Democracy Act of 1994

United States · United States Congress · 2 February 1994

TABLE OF CONTENTS: Title I: Sustainable Development Title II: Building Democracy Title III: Promoting Peace Title IV: Providing Humanitarian Assistance Title V: Promoting Growth Through Trade and Investment Title VI: Advancing Diplomacy Title VII: Special Authorities, Restrictions on Assistance, and Reports Title VIII: General Provisions Title IX: Technical and Conforming Provisions Peace, Prosperity, and Democracy Act of 1994 - Repeals the Foreign Assistance Act of 1961 (with the exception of a few provisions) as well other specified foreign relations and assistance Acts. Sets forth revised foreign assistance policy provisions. Title I: Sustainable Development - Chapter 1: Sustainable Development Authorities - Sets forth policy for sustainable development programs and voluntary cooperation in development. (Sec. 1103) Encourages the President to establish a formal and continuing partnership with private voluntary organizations, cooperatives, and credit unions which have experience working in developing countries, and with colleges and universities, to carry out the objectives of this title. Authorizes the President to use funds in support of this title for: (1) schools and libraries outside the United States that are sponsored by U.S. citizens and that serve as study and demonstration centers for the ideas and practices of the United States; and (2) hospital centers for medical education and research outside the United States that are sponsored by U.S. citizens. (Sec. 1104) Permits the President to provide assistance for credit programs in furtherance of the following sustainable objectives: (1) micro- and small enterprise development; (2) shelter, urban services, and environmental infrastructure; and (3) other programs to carry out the purposes of this chapter. Chapter 2: Development Fund for Africa - Makes funds under chapter 1 available for programs for Subsaharan Africa. Chapter 3: Role of Related Programs - Sets forth U.S. policy regarding: (1) the role of international financial institutions; (2) the Peace Corps; (3) the African Development and Inter-American Foundations; and (4) specified non-emergency food assistance programs. Title II: Building Democracy - Sets forth policy regarding the promotion of democracy. Chapter 1: Promoting Democracy - Subchapter A: Countries in Transition - Authorizes the President to provide assistance for countries: (1) that have recently emerged or are in the process of emerging as democratic societies; (2) that have recently emerged or are emerging from civil strife and either have a democratically-elected government or are making progress toward developing such a government; or (3) where democratic progress or institutions are threatened. (Sec. 2102) Declares that programs under this subchapter should be designed to facilitate the trend toward more open, just, and democratic societies. Permits such assistance to military and law enforcement forces to: (1) orient militaries or law enforcement agencies to their respective roles in a democratic order; (2) enhance the accountability of law enforcement agencies to civil justice institutions; (3) promote demilitarization of society; and (4) meet security challenges on a transitional basis that threaten to impede or reverse democratic reforms or institutions. Subchapter B: Independent States of the Former Soviet Union - Makes funds available for assistance to the independent states of the former Soviet Union as authorized and appropriated to the President each fiscal year. Subchapter C: Central and Eastern Europe - Sets forth policy towards democracy and free enterprise in Central and Eastern Europe. (Sec. 2302) Makes funds available for assistance for Central and Eastern Europe as authorized and appropriated to the President each fiscal year. Chapter 2: Information and Exchange - Sets forth policy with respect to programs administered by the U.S. Information Agency (USIA). Title III: Promoting Peace - Chapter 1: Peacekeeping and Related Programs - Sets forth policy concerning peacekeeping and related programs. (Sec. 3102) Authorizes the President to: (1) pay assessed and other contributions and expenses of international peacekeeping activities; and (2) furnish assistance to foreign countries and international and regional organizations and arrangements for peacekeeping. (Sec. 3103) Authorizes the President to direct the drawdown of up to $100 million (currently, $75 million) worth of defense articles and services in unforeseen emergencies. Authorizes appropriations as necessary to reimburse the applicable appropriation, fund, or account. Chapter 2: Nonproliferation and Disarmament Fund - Authorizes assistance to be provided for specified activities to facilitate the dismantlement and nonproliferation of nuclear, biological, chemical, and conventional weapons. Chapter 3: Regional Peace, Security and Defense Cooperation - Authorizes assistance to be provided to: (1) support peace and the development of democratic institutions and to meet economic, political, and security needs in the Near East; (2) meet immediate threats to international peace and security posed by regional and internal conflicts through collective defense efforts; and (3) enhance the ability of countries willing to share the burden of collective security efforts to maintain international peace and security. (Sec. 3303) Declares that the President, in providing such assistance, should take into account the desirability of shifting resources away from the provision of defense articles to economic development purposes as rapidly as is warranted by the easing of threats to regional peace and the need to maintain ongoing defense relations. Chapter 4: International Narcotics Trafficking, Terrorism and Crime Prevention - Authorizes assistance to be provided to: (1) control narcotics and other controlled substances; (2) enhance the rule of law and the ability of law enforcement and defense personnel to combat international criminal activity; (3) enhance anti-terrorism skills of foreign law enforcement and defense personnel; (4) provide anti-crime, -terrorism, and -narcotics assistance to friendly countries; and (5) promote international criminal justice. (Sec. 3403) Incorporates certain existing anti-narcotics assistance and agreement authorities. (Sec. 3404) Prohibits Department of State employees from engaging in the training of law enforcement personnel for anti-terrorism programs, with a specified exception. (Sec. 3405) Makes provisions of law which prohibit assistance to countries in arrears on certain loan commitments to the United States inapplicable with respect to narcotics control assistance. Title IV: Providing Humanitarian Assistance - Chapter 1: Refugee Assistance - Lists purposes of refugee assistance. Incorporates existing provisions of law that provide for the U.S. Emergency Refugee and Migration Assistance Fund. Chapter 2: Disaster Assistance - Incorporates existing provisions of law that authorize international disaster assistance. Expands the source of funding from which the disaster account can borrow. Authorizes funds to be used to respond rapidly to reconstruction and institution-building needs arising from natural or manmade disasters. Chapter 3: Emergency Food Assistance - Sets forth U.S. policy regarding emergency food assistance. Title V: Promoting Growth Through Trade and Investment - Chapter 1: Overseas Private Investment Corporation - Incorporates certain existing provisions regarding the purpose and guidelines of the Overseas Private Investment Corporation (OPIC). Raises the ceiling on: (1) per capita income of countries required to receive preferential consideration for OPIC projects; and (2) the maximum contingent liability pursuant to insurance issued. (Sec. 5104) Authorizes OPIC to commit investment financing for direct lending in an amount of up to $5 billion for FY 1995 through 1999. Extends OPIC's authority to carry out investment insurance and financing through FY 1999. (Sec. 5201) Directs the Corporation to refuse to insure, reinsure, or finance an investment for purposes of establishing in a foreign country any export processing zone or area in which the tax, tariff, labor, environment, and safety laws of that country do not apply to activities carried out in the area unless the assistance is not likely to cause a loss of jobs within the United States. Chapter 2: Trade and Development Agency - Incorporates certain existing provisions of law regarding the Trade and Development Agency. Chapter 3: Role of Related Programs - Sets forth policy regarding food security and Export-Import Bank programs. Title VI: Advancing Diplomacy - Sets forth policy regarding the advancement of diplomacy. Title VII: Special Authorities, Restrictions on Assistance, and Reports - Chapter 1: Special Authorities - Revises existing provisions regarding the President's authority to transfer funds between foreign assistance accounts. (Sec. 7102) Sets forth presidential special waiver authorities similar to those under existing law. Raises annual ceilings on the amounts that can be authorized for arms sales or leases or foreign assistance or for the use of foreign currencies under such authorities. (Sec. 7103) Raises the annual ceiling on the amount the President can use for unanticipated contingencies. (Sec. 7104) Provides for assistance for certain law enforcement functions. (Sec. 7106) Provides that restrictions contained in any Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental or international organizations. (Sec. 7108) Authorizes the functions of this Act to be performed without regard to specified provisions of the Neutrality Act of 1939. (Sec. 7110) Incorporates certain existing provisions regarding the President's authority to conduct reimbursable programs. (Sec. 7111) Raises the ceiling on the amount of defense and services authorized to be drawn down in unforeseen emergencies or special circumstances. (Sec. 7113) Authorizes the use of sustainable development assistance funds to support development education programs. (Sec. 7114) Authorizes assistance to nongovernmental organizations to strengthen their capacity to carry out development programs. (Sec. 7115) Permits the use of certain funds under this Act to support activities of international tribunals, commissions, or panels to investigate or prosecute persons responsible for genocide, crimes against humanity, and other violations of international humanitarian law. Authorizes the President to draw down Federal property or services for such purposes. Chapter 2: Restrictions on Assistance - Incorporates and revises certain existing provisions to prohibit assistance to: (1) Communist countries; (2) human rights violators; (3) countries whose governments have expropriated U.S. property; (4) countries whose elected head of government is deposed by a military coup; (5) terrorist or major illicit drug producing or transit countries; and (6) countries in arrears to the U.S. Government for more than one year on any interest or principal on a loan or credit extended under this Act, the Arms Export Control Act, or the former authorities of the Foreign Assistance Act of 1961. (Sec. 7201) Provides for waivers of such restrictions if the President submits a certain report and the assistance: (1) is important to the national interest; (2) will directly benefit the needy; (3) is for refugees and displaced persons; or (4) will promote human rights and democracy. Requires the President to designate Communist countries. Prohibits the following with respect to human rights violators: (1) sales of defense articles and services and the issuance of export licenses under the Arms Export Control Act; and (2) the issuance of export licenses required for crime control and detection equipment under the Export Administration Act of 1979. Bars assistance under the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, and the Export-Import Bank Act of 1945 to terrorist countries. Prohibits arms sales under the Arms Export Control Act, the provision of agricultural commodities other than food under the Agricultural Trade Development and Assistance Act of 1954, and assistance under the Export-Import Bank Act of 1945 to major illicit drug producing and transit countries. (Sec. 7202) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for developing an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the areas, unless the President certifies that such assistance is not likely to cause a loss of jobs within the United States; or (3) assistance for any project that contributes to the violation of workers' rights. (Sec. 7203) Incorporates existing prohibitions on the use of funds to coerce a person to practice abortions or to perform, or undergo, involuntary sterilization. (Sec. 7204) Declares that the President, in determining whether to provide assistance under this Act, should take into consideration whether assistance would be furnished to support an activity that is specifically designed to increase exports of any agricultural, textile, or apparel commodity from a developing country where such exports: (1) would be in direct competition with U.S. exports; and (2) can reasonably be expected to cause substantial injury to U.S. exporters of the same or a similar commodity. (Sec. 7205) Incorporates restrictions on nuclear enrichment and reprocessing transfers and illegal nuclear exports similar to those under existing law. Retains a requirement that conditions assistance for Pakistan on a certification that Pakistan does not possess a nuclear explosive device. (Sec. 7206) Sets forth prohibitions on assistance to major illicit drug producing and transit countries. Authorizes (current law requires) the President to withhold up to 50 percent of the assistance allocated to such a country until the country has taken adequate steps to control cultivation, smuggling, trafficking, and abuse of illegal drugs. (Sec. 7208) Permits the President to waive a limitation on participation in combatant duties by the armed forces in carrying out assistance programs if such limitation is not in the national interest. (Sec. 7209) Prohibits the use of development assistance for military or paramilitary purposes, with exceptions for military participation in training activities, conferences, and other sustainable development programs. (Sec. 7210) Incorporates certain existing provisions concerning the impact of development assistance programs on the environment. Urges (current law requires) the President to prepare and take into account environmental assessments of proposed programs. Chapter 3: Reports and Notifications to Congress - Sets forth requirements for: (1) congressional presentation documents for programs under titles I, II, and III of this Act; (2) human rights, international narcotics control, and annual allocation reports; (3) notification of program changes; and (4) the establishment of a program within the Agency for International Development (AID) to evaluate and monitor development program performance. Title VIII: General Provisions - Chapter 1: Exercise and Coordination of Functions - Incorporates existing provisions concerning delegation of authorities by the President and the roles of the Secretaries of State and Defense concerning foreign assistance. (Sec. 8104) Requires AID to be under the foreign policy guidance and subject to the supervision of the Secretary of State. Chapter 2: Administrative Authorities - Subchapter A: General Authorities - Incorporates certain existing provisions regarding the allocation of funds and reimbursement among Federal agencies. (Sec. 8202) Authorizes the President to charge fees for guarantees and loans issued in connection with assistance under this Act. Incorporates certain existing general assistance authorities. Authorizes any agency administering assistance under this Act to establish a working capital fund to be used for expenses related to the training of foreign nationals. Removes certain ceilings on the amount of assistance funds available for entertainment expenses, the acquisition of living quarters, schools, and hospitals for personnel, and the education of dependents. Subchapter B: Department of Defense Administrative Authorities - Incorporates certain existing provisions that make funds available for administrative expenses incurred in furnishing assistance through the Department of Defense (DOD). (Sec. 8212) Provides that no prior consent for transfer by a foreign country of defense articles sold by the United States shall be required if: (1) such articles constitute components incorporated into a foreign defense article; (2) the recipient is the government of a North Atlantic Treaty Organization (NATO) country, Australia, or Japan; (3) the U.S.-origin components were not significant military equipment and are not Missile Technology Control Regime items; and (4) the foreign country or persons transferring the items provide notification to the United States within 30 days following the transfer. Chapter 3: Special Requirements and Authorities Relating to Appropriations and Local Currencies - Subchapter A: Provisions Relating to Appropriations - Incorporates certain existing provisions that require authorization before funds appropriated for foreign assistance are expended. (Sec. 8302) Authorizes funds to remain available until expended. Subchapter B: Local Currencies - Incorporates certain existing provisions concerning the use of, and interest on, local currencies. Chapter 4: Procurement and Disposition of Articles - Requires the President to: (1) carry out assistance programs through private channels to the maximum extent practicable; (2) utilize the products and services of the U.S. private sector to operate projects in cases in which direct private investment is not readily encouraged; and (3) utilize goods and services of private enterprise on a contract basis in providing technical assistance. (Sec. 8403) Incorporates and revises certain existing authorities concerning shipping on U.S. vessels and the use of excess property in furnishing assistance. (Sec. 8405) Sets forth conditions on the transfer of excess defense articles. (Sec. 8407) Authorizes the President to designate countries in which a stockpile may be located. Chapter 5: Personnel and Administrative Expenses - Subchapter A: General - Authorizes the President to appoint 12 officers in AID. (Sec. 8502) Sets forth provisions regarding: (1) the employment of personnel; (2) the use of experts and consultants; and (3) the detail of personnel to foreign governments and international organizations. (Sec. 8511) Authorizes AID to expend funds in advance of appropriations in an amount sufficient to maintain operations at posts abroad for up to three days. Subchapter B: Overseas Management of Assistance and Sales Programs Administered Through the Department of Defense - Authorizes the President to detail members of the armed forces to foreign countries to perform certain functions for the management and sales programs administered through DOD under this Act and the Arms Export Control Act. (Sec. 8521) Requires advisory and training assistance by members of the armed forces to be kept to an absolute minimum. Subchapter C: Administrative Provisions for the Trade and Development Agency - Incorporates certain existing provisions concerning the Trade and Development Agency. Subchapter D: Administrative Provisions for the Overseas Private Investment Corporation - Incorporates certain existing administrative provisions for OPIC. Subchapter E: Definitions and Miscellaneous Provisions - Sets forth specified definitions. Title IX: Technical and Conforming Provisions - States that this Act shall take effect on October 1, 1994. (Sec. 9103) Incorporates certain existing provisions concerning: (1) the Federal Act of State doctrine; (2) accounting and valuation of foreign currencies and expropriated property; and (3) participation in foreign police actions. (Sec. 9104) Makes conforming amendments and repeals specified laws.

Bill· SS. 1795 (103rd)open

Welfare Reform Act of 1994

United States · United States Congress · 25 January 1994

TABLE OF CONTENTS: Title I: Applicant Job Search, Voucher Program, Transition and Work Program, Etc. Title II: Provisions Relating to Paternity Establishment Title III: Child Support Enforcement Title IV: Expansion of Statutory Flexibility of States Title V: Expedited State Waiver Authority Title VI: Welfare Restrictions for Aliens Title VII: Miscellaneous Welfare Reform Act of 1994 - Title I: Applicant Job Search, Voucher Program, Transition and Work Program, Etc. - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to: (1) require State AFDC plans to require AFDC applicants to search for a job while their application for AFDC is being processed; (2) make reimbursable job search expenses for transportation and child care; and (3) require the State to have in effect an employment voucher program under which eligible individuals receiving AFDC or food stamps shall receive vouchers in lieu of such benefits after they have obtained employment with a qualified employer. (Sec. 103) Amends SSA title IV part F (Job Opportunities and Basic Skills Training Program) (JOBS) to require State JOBS programs to include specified transition and work supplementation components. Amends the community work experience and work supplementation programs. (Sec. 104) Revises State AFDC plan requirements for: (1) sanctions for an individual's failure to participate in the JOBS program; and (2) exemptions from JOBS program participation requirements. (Sec. 106) Increases State JOBS program and work program participation rates with regard to AFDC-eligible individuals and unemployed parents, respectively. Extends to all States the option to limit AFDC-UP (AFDC for Unemployed Parents). (Sec. 107) Provides for additional payments to States for JOBS programs. Title II: Provisions Relating to Paternity Establishment - Amends SSA title IV part A to provide for reduction of AFDC for the parents or guardians of children whose paternity is not established. (Sec. 202) Amends SSA title IV part D (Child Support and Establishment of Paternity) to require each State to have in effect laws requiring outreach to pregnant, unmarried women regarding paternity establishment and eligibility for benefits under Federal and State programs, including assistance under AFDC. (Sec. 203) Increases the paternity establishment percentage. Title III: Child Support Enforcement - Makes various specified changes with regard to State child support order registries, the Parent Locator Service, regulations for sharing child support information, income withholding orders, and noncustodial parents with child support arrearages who are applying for, or are already on, AFDC. Title IV: Expansion of Statutory Flexibility of States - Amends SSA title IV part A to give States the option to: (1) disallow the increases or decreases in AFDC payments that are mandated by this Act on the basis of childhood preventive health care examinations and immunizations; (2) increase or decrease AFDC payments on the basis of attendance at educational or vocational training institutions; (3) deny AFDC for additional children; (4) provide for a married couple transitional benefit in cases where an AFDC recipient marries an individual who is not a parent of the recipient's child and the resulting family would become ineligible for AFDC by reason of the marriage; (5) treat families moving interstate who apply for AFDC in their new State of residence, where they have resided for less than one year, under the AFDC rules of their former State of residence; (6) condition the receipt of AFDC on the recipient's attendance at appropriate parenting and money management classes; (7) deny AFDC to unmarried individuals under 18 who are pregnant or have a dependent child (if the State does not opt to deny AFDC eligibility in such case, then it must require that the individuals live at home to be AFDC-eligible); and (8) disregard certain savings of a family on AFDC designated for education in determining eligibility for AFDC. (Sec. 401) Requires States to conduct appropriate education and outreach activities designed to increase public awareness of the importance of preventive health care and immunizations for pre-school children. Requires the Surgeon General to issue, and periodically revise, recommendations for the immunization of children under six. Title V: Expedited State Waiver Authority - Establishes an Interagency Waiver Request Board to provide a focal point within the Federal Government for the development and coordination of waiver requests designed to improve opportunities for low-income individuals and families. (Sec. 502) Prescribes contents of applications to implement Federal assistance plans, as well as the review, approval, implementation, and evaluation processes. (Sec. 505) Requires any entity applying for plan approval to establish a Public-Private Partnership Committee to advise it on plan development and implementation. Title VI: Welfare Restrictions for Aliens - Prohibits, generally, the payment of direct Federal financial benefits, food stamps, and unemployment benefits to individuals who are not U.S. citizens, permanent residents, or refugees. (Sec. 601) Requires any lawful alien receiving any such benefits for over one year to be reported to the Immigration and Naturalization Service (INS) and be treated as a public charge for purposes of the Immigration and Nationality Act with regard to deportation for failing to notify the Attorney General of a current address. Deems the income and resources of any person who agrees to sponsor and provide support to a lawful alien as unearned income and resources of such alien until the alien is naturalized as an U.S. citizen. (Sec. 602) Amends SSA title IV part A to require State AFDC agencies to provide INS with information on illegal aliens. Title VII: Miscellaneous - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to prohibit the payment of OASDI benefits to individuals confined by court order to public institutions pursuant to verdicts of not guilty by reason of insanity (or other similar finding) or guilty, but insane. (Sec. 702) Amends SSA title IV part A to require AFDC applicants and recipients to undergo any necessary substance abuse treatment and submit to unannounced drug tests afterwards as a condition of receiving AFDC. (Sec. 703) Directs the Secretary of Health and Human Services to: (1) conduct research projects to evaluate education and training programs with respect to participation in the AFDC program; (2) conduct demonstration projects and report to the Congress on whether providing benefits based on need through the use of electronic cards and automatic teller machines would reduce administrative costs and fraud; and (3) establish a commission to determine the cost and feasibility of creating an interstate system to compare the social security numbers of all AFDC recipients in order to identify those recipients receiving AFDC from multiple States. (Sec. 705) Amends SSA title XVI (Supplemental Security Income) (SSI) to make: (1) ineligible for SSI benefits individuals receiving SSI on the basis of a disability caused by illegal drugs who are on illegal drugs or refuse to be tested for such; and (2) changes with regard to government agencies as paid representative payees (RPs) and RP fees. (Sec. 706) Amends SSA title IV part A to: (1) make State AFDC fraud control programs mandatory; and (2) permanently bar individuals found guilty of fraud in connection with the AFDC program from being considered in determining their families' eligibility for AFDC.