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101 records in 1993

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Bill· HRH.R. 2490 (103rd)reported

Department of Transportation and Related Agencies Appropriations Act, 1994

United States · United States Congress · 22 June 1993

TABLE OF CONTENTS: Title I: Department of Transportation Title II: Related Agencies Title III: General Provisions Department of Transportation and Related Agencies Appropriations Act, 1994 - Title I: Department of Transportation - Makes appropriations for FY 1994 for: (1) the Office of the Secretary of Transportation; (2) the Coast Guard; (3) the Federal Aviation Administration; (4) the Federal Highway Administration; (5) the National Highway Traffic Safety Administration; (6) the Federal Railroad Administration; (7) the Federal Transit Administration; (8) the Saint Lawrence Seaway Development Corporation; (9) Research and Special Programs Administration; and (10) the Office of the Inspector General. Title II: Related Agencies - Makes appropriations for FY 1994 for: (1) the Architectural and Transportation Barriers Compliance Board; (2) the National Transportation Safety Board; (3) the Interstate Commerce Commission; (4) the Panama Canal Commission; (5) the Department of the Treasury; and (6) the Washington Metropolitan Area Transit Authority. Title III: General Provisions - Sets forth specified prohibitions, limitations, permissions, and mandates with respect to the use of appropriations under this Act. (Sec. 308) Prohibits the use of funds for the planning or implementation of any change in the current Federal status of the Volpe National Transportation Systems Center (except for further development planning that does not alter such status) or the Turner-Fairbank Highway Research Center. (Sec. 310) Requires the Secretary of Transportation (Secretary) to distribute, on a ratio-formulated basis, Federal-aid highway State obligation limitations for FY 1994 for Federal-aid highways. Prohibits a State from obligating more than 25 percent of its allocation for such projects during the first three months of FY 1994. Sets forth additional specified obligation limits for States during FY 1994. (Sec. 311) Limits funds available for salaries and expenses to no more than 110 political and presidential appointees in the Department of Transportation. Prohibits the assignment of such personnel on temporary detail outside of the Department. (Sec. 314) Prohibits the use of funds for the construction of the Central Automated Transit System (Downtown People Mover) in Detroit, Michigan. (Sec. 319) Prohibits the use of funds to establish a vessel traffic safety fairway less than five miles wide between the Santa Barbara Traffic Separation Scheme and the San Francisco Traffic Separation Scheme. (Sec. 320) Authorizes airports to transfer to the Federal Aviation Administration (FAA) instrument landing systems which were purchased through a Federal airport aid or development program and which conform to FAA performance specifications. (Sec. 321) Prohibits the use of funds by the FAA for a new National Weather Graphics System. (Sec. 322) Prohibits the use of funds to award multiyear contracts for production end items that include: (1) economic order quantity or long lead time material procurement in excess of $10 million in any one year of the contract; or (2) a cancellation charge greater than $10 million which at the time of obligation has not been appropriated to the limits of the Government's liability; or (3) a requirement that permits performance under the contract during the second and subsequent years of such contract without conditioning such performance upon the appropriation of funds. (Sec. 324) Prohibits the use of funds for any changes in the current Federal status of the FAA's flight service stations at Red Bluff Airport, Red Bluff, California, and Tri-City Airport, Bristol, Tennessee. (Sec. 328) Terminates the Commercial Motor Vehicle Safety Regulatory Review Panel. (Sec. 329) Requires the Secretary to permit the obligation of not more than $9 million for the Rail Impact project in the Interstate 40/85 corridor from Raleigh to Charlotte, North Carolina, during each year that such corridor is under reconstruction. (Sec. 333) Limits to $79.5 million the maximum Federal obligation for Capital Development Program projects at Washington National Airport unless the cost to complete the program remains within the parameters of the Use/Lease Agreement between the user airlines and the Metropolitan Washington Airports Authority. (Sec. 338) Prohibits the use of funds for the construction of an additional air carrier runway at Tulsa International Airport. (Sec. 341) Prohibits the use of funds to place speed limit or distance signs using the metric system on any State highway.

Bill· SS. 1099 (103rd)referred

Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

United States · United States Congress · 15 June 1993

TABLE OF CONTENTS: Title I: Department of State Title II: Department of State Organization Title III: Torture and Terrorism Offenses and Sanctions Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 - Title I: Department of State - Part A: Authorization of Appropriations - (Secs. 101 through 105) Authorizes appropriations for FY 1994 and 1995 for: (1) the Department of State for the administration of foreign affairs; (2) international organizations, peacekeeping activities, and conferences; (3) international commissions; (4) migration and refugee assistance; (5) bilateral science and technology agreements; and (6) the Asia Foundation. (Sec. 106) Prohibits the obligation or expenditure of funds authorized by this Act for contracts with any firm that complies with the Arab League boycott of Israel or discriminates in the award of subcontracts on the basis of religion. Part B: Department of State Authorities and Activities - (Sec. 113) Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary of State to procure the services of experts for use in prosecuting a proceeding before an international tribunal or a claim by or against a foreign entity. Establishes an International Litigation Fund for meeting expenses related to such proceedings. (Sec. 121) Authorizes the Secretary to make grants and otherwise support activities to conduct research and promote international cooperation on environmental and scientific issues. Part C: Diplomatic Reciprocity and Security - (Sec. 131) Authorizes the admission into the United States for safety purposes of a limited number of aliens who provide information regarding international terrorism under a rewards program. Part D: Personnel - (Sec. 141) Amends the Federal Insurance Contributions Act to provide that service by a Government employee in an international organization shall constitute employment for purposes of employment tax provisions if such individual is entitled to retain certain Federal retirement benefits during such service. (Sec. 142) Permits the Secretary, if exceptional circumstances so warrant, to waive a limitation (up to a specified amount) on claims for losses incurred by Government personnel subject to a chief of mission in a foreign country in cases of a natural disaster or emergency evacuation. Makes such waiver retroactive to claims made as of October 31, 1988. (Secs. 143 and 144) Makes chiefs of mission salaries and performance pay subject to limitations on certain payments under Federal civil service provisions. Part E: International Organizations - (Sec. 151) Authorizes the President to bring into force the Agreement on State and Local Taxation of Foreign Employees of Public International Organizations. (Sec. 152) Permits the President to withhold 20 percent of the funds appropriated for the U.S. assessed contribution to the United Nations if the United Nations has failed to implement consensus-based decisionmaking procedures on budgetary matters which assure that sufficient attention is paid to the views of the United States and other states who are major financial contributors. (Sec. 154) Authorizes the President to maintain membership in the Asia Pacific Economic Cooperation Organization. Part F: Miscellaneous Provisions - (Sec. 161) Authorizes the Secretary to determine that the publication of certain international agreements is not required if certain criteria are met. (Sec. 162) Amends the Migration and Refugee Assistance Act of 1962 to raise the ceiling on the amounts of funds authorized to be appropriated for the Emergency Refugee Migration and Assistance Fund. Title II: Department of State Organization - (Sec. 201) Requires the Department of State to notify the Congress of its intention to abolish or create units at or above the bureau level. (Sec. 202) Revises the organization of the Department of State to eliminate certain positions and to transfer certain authorities from subordinate officials to the Secretary. Title III: Torture and Terrorism Offenses and Sanctions - (Secs. 301 through 305) Amends the Federal criminal code to establish penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; (3) disrupting the services of such airport, if such an act endangers safety; (4) committing acts of violence against maritime navigation and fixed platforms; (5) committing, or attempting to commit, torture outside the United States; and (6) providing material support to terrorists.

Law· HRH.R. 2401 (103rd)enacted

National Defense Authorization Act for Fiscal Year 1994

United States · United States Congress · 14 June 1993

TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Subtitle A: Authorization Appropriations Subtitle B: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Reserve Component Matters Subtitle C: Service Academies Subtitle D: Education and Training Subtitle E: Other Matters Title VI: Compensation and Other Peronnel Benefits Subtitle A: Pay and Allowances Subtitle B: Retired Pay and Survivor Benefits Subtitle C: Other Matters Title VII: Health Care Provisions Subtitle A: Health Care Management Subtitle B: Other Matters Title VIII: Department of Defense Organization and Management Subtitle A: Office of the Secretary of Defense Subtitle B: Professional Military Education Subtitle C: Other Matters Title IX: General Provisions Title X: Matters Relating to Allies and Other Nations National Defense Authorization Act for Fiscal Year 1994 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations to the Army, Navy and Marine Corps, and Air Force for FY 1994 for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Authorizes appropriations for FY 1994 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Repeals a separate budget account requirement for the chemical demilitarization program. Subtitle B: Other Matters - Repeals the current requirement for a separate budget request for the procurement of reserve equipment. Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1994 for the armed forces for research, development, test, and evaluation (R&D). Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1994 for the armed forces and specified activities and agencies of the Department of Defense (DOD) for operation and maintenance. Authorizes appropriations for FY 1994 for DOD working capital and revolving funds. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to include within the funding provided by the Defense Business Operations Fund the activities of the Defense Contract Audit Agency and the Defense Contract Management Command. Authorizes the obligation during FY 1994 of a specified amount from the National Security Education Trust Fund. Subtitle B: Other Matters - Repeals a current limitation on the number of military and civilian employees assigned or detailed to headquarters and non-management headquarters and headquarters support activities. Limits the authorized FY 1994 sale of stockpiled materials in the National Defense Stockpile (NDS). Authorizes the Secretary of Defense to impose a moratorium on new material acquisition in order to reduce existing excess NDS materials. Authorizes the Commandant of the Marine Corps to provide minor maintenance and repairs to Pacific battle monuments with specified operation and maintenance funds. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Provides for the authorized end strengths for active-duty forces as of FY 1994. Subtitle B: Reserve Forces - Provides the authorized end strengths for reserve personnel as of FY 1994 and for certain reserves on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Provides the authorized FY 1994 military training student loads. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Authorizes the Secretary of the military department concerned to delete from certain reports and promotion lists the names of officers erroneously considered for promotion by promotion selection boards. Provides for the involuntary separation of certain regular warrant officers. Subtitle B: Reserve Component Matters - Provides certain reserve personnel call-up authority for the Secretary and the Secretary of Transportation when the Coast Guard is not under the jurisdiction of the Navy. Repeals the current requirement for physical examinations in the Army and Air National Guard. Requires each member of the Ready Reserve to be examined every five years (currently four). Subtitle C: Service Academies - Revises provisions concerning the procedure for nominating candidates for admission to the service academies. Subtitle D: Education and Training - Revises the eligibility requirements for advanced training in the Reserve Officer Training Corps (ROTC) program. Subtitle E: Other Matters - Repeals the statutory restriction on the assignment of women in the Navy and Marine Corps. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Authorizes the Secretary concerned, in times of war, hostilities, or national emergency, to limit the direct pay to military personnel serving in prescribed areas. Makes permanent the authority for certain bonuses and special pay for nurse officer candidates, registered nurses, and nurse anesthetists serving in the armed forces. Extends specified expiring authorities for certain other special pay and bonus programs within the regular and reserve armed forces. Subtitle B: Retired Pay and Survivor Benefits - Provides disability coverage for certain officer candidates granted excess leave. Subtitle C: Other Matters - Provides permanent authority for former prisoners of war to claim payments because of violation of the Geneva Conventions (inhumane treatment). Title VII: Health Care Provisions - Subtitle A: Health Care Management - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to: (1) revise, and extend until October 1, 1995, the authority to provide nonemergency inpatient hospital care to certain spouses and dependents of military personnel who reside outside of a 40-mile radius of a military medical facility; (2) revise and codify changes to the CHAMPUS physician payment program; (3) award constructive service credit for certain advanced health degrees obtained by defense health personnel; and (4) authorize the Secretary to obtain additional distinguished pathologists and scientists (currently limited to six) if determined to be in the best interests of DOD. Subtitle B: Other Matters - Repeals the statutory restriction on the use of DOD funds for abortions. Title VIII: Department of Defense Organization and Management - Subtitle A: Office of the Secretary of Defense - Authorizes certain organizational and administrative changes within the Office of the Secretary of Defense, including establishing the position of Under Secretary of Defense for Personnel and Readiness and renaming the Under Secretary of Defense for Acquisition as the Under Secretary of Defense for Acquisition and Technology. Subtitle B: Professional Military Education - Authorizes the President of the National Defense University to confer master of science degrees in national security strategy and national resource strategy. Subtitle C: Other Matters - Authorizes payment of escort and flag expenses incident to the death of a civilian employee who dies while serving with an armed force in a contingency operation. Title IX: General Provisions - Authorizes the award of gold star lapel buttons to survivors of service members killed by terrorist acts. Authorizes the Secretary of the Air Force to establish and maintain an Aviation Leadership Program to provide undergraduate pilot and related training to selected air force personnel of friendly, less-developed foreign countries. Title X: Matters Relating to Allies and Other Nations - Authorizes the Secretary of Defense to exchange U.S. military and civilian defense personnel with the defense departments or ministries of allied and friendly foreign governments. Authorizes the Secretary to transfer to the Republic of Korea certain excess or obsolete defense articles. Authorizes the Secretary to accept cash or other contributions from Japan, Kuwait, and the Republic of Korea as defense burdensharing payments.

Bill· SS. 1092 (103rd)referred

A bill to make certain regulations, directives, and orders issued under the Federal Aviation Act of 1958 applicable to public aircraft.

United States · United States Congress · 10 June 1993

Declares that regulations under the Federal Aviation Act of 1958 relating to airworthiness, supplemental type certificates, and technical orders in connection with civil aircraft shall apply to public aircraft. Authorizes the Secretary of Transportation (Secretary) to exempt a State, U.S. territory or possession, or the District of Columbia from compliance with such regulations if there are equally stringent regulations in effect. Directs the Secretary to issue regulations to require a State to report any accident involving a public use aircraft to the National Transportation Safety Board (NTSB). Requires the NTSB to investigate such accidents and report on them to the same extent as U.S. civil aviation accidents.

Bill· HRH.R. 2338 (103rd)referred

Aviation Revitalization Act of 1993

United States · United States Congress · 8 June 1993

Aviation Revitalization Act of 1993 - Amends the Federal Aviation Act of 1958 to authorize the Secretary of Transportation (Secretary) to guarantee loans to eligible air carriers to finance the acquisition of new aircraft and encourage the retirement of older or Stage two aircraft.

Bill· SS. 1053 (103rd)referred

Aviation Revitalization Act of 1993

United States · United States Congress · 27 May 1993

Aviation Revitalization Act of 1993 - Amends the Federal Aviation Act of 1958 to authorize the Secretary of Transportation (Secretary) to guarantee loans to eligible air carriers to finance the acquisition of new aircraft and encourage the retirement of older or Stage two aircraft.

Bill· SS. 1039 (103rd)referred

A bill to require the use of child restraint systems on commercial aircraft.

United States · United States Congress · 27 May 1993

Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to issue regulations requiring the use of child safety restraint systems on commercial aircraft. Expresses the sense of the Congress that the U.S. representative to the International Civil Aviation Organization should seek an international standard to require that airline passengers be restrained on takeoff and landing and when directed by the captain.

Bill· HRH.R. 2321 (103rd)open

Comprehensive Violent Crime Control Act of 1993

United States · United States Congress · 27 May 1993

TABLE OF CONTENTS: Title I: Death Penalty Title II: Habeas Corpus Subtitle A: General Habeas Corpus Reform Subtitle B: Death Penalty Litigation Procedures Title III: Exclusionary Rule Title IV: Firearms Subtitle A: Firearms and Related Amendments Subtitle B: Prohibited Gun Clips and Magazines Title V: Obstruction of Justice Title VI: Gangs and Juvenile Offenders Title VII: Terrorism Subtitle A: Aviation Terrorism Subtitle B: Maritime Terrorism Subtitle C: Terrorist Alien Removal Subtitle D: Terrorism Offenses and Sanctions Subtitle E: Antiterrorism Enforcement Provisions Title VIII: Equal Justice Act Title IX: Victims' Rights Comprehensive Violent Crime Control Act of 1993 - Title I: Death Penalty - Capital Punishment Procedures Act of 1993 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. (Sec. 102) Requires: (1) the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely; and (2) a separate sentencing hearing when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Sets forth: (1) mitigating and aggravating factors; and (2) special aggravating factors for espionage, treason, homicide, attempted murder of the President, and drug offenses punishable by the death penalty (including previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Sets forth procedures for: (1) appeal from a death sentence; and (2) implementation of such sentence. Provides for the imposition of the death penalty for specified offenses, including: (1) murder committed by prisoners in Federal prisons; (2) murder for hire; (3) murder in the aid of a racketeering activity; and (4) specified violations of the Controlled Substances Act, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act. Sets forth provisions regarding: (1) appointment of counsel; and (2) deadlines for collateral attacks on judgements imposing a sentence of death; and (3) stays of execution. Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1993 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 204) Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. (Sec. 205) Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a petition for habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1993 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. (Sec. 211) Requires a State in which capital punishment may be imposed to provide legal services to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate, collateral, or unitary review in State court; and (3) who have been sentenced to death and who seek certiorari review of State court judgments in the U.S. Supreme Court. Directs the State to establish an appointing authority, which shall: (1) publish a roster of attorneys qualified to be appointed in capital cases, procedures by which attorneys are appointed, and standards governing qualifications and performance of counsel; (2) monitor attorney performance; and (3) appoint a defense team to represent a client at the relevant stage of proceedings upon receiving notice of the need from the relevant state court. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court from entering a stay of execution or granting relief in a capital case unless specified conditions are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Title III: Exclusionary Rule - States that the Constitution does not require the exclusion from a criminal trial of evidence: (1) obtained in reasonable reliance on a search warrant issued by a detached and neutral magistrate who is not misled, even though the warrant is ultimately determined to be invalid; (2) the legal discovery of which was inevitable, even though the evidence was in fact discovered through constitutionally invalid means; or (3) for which a source exists that is independent of the source through which the evidence was in fact discovered through constitutionally invalid means. Title IV: Firearms - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to provide for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth various firearms related provisons, including the following. (Sec. 406) Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. (Sec. 408) Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. (Sec. 409) Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of possessing an explosive during certain felonies. Subtitle B: Prohibited Gun Clips and Magazines - Includes ammunition feeding devices (AFDs) within the definition of firearms for purposes of Federal firearms laws. Defines an AFD to include any detachable magazine, feed strip, or similar device which has a capacity of, or which can be readily converted to accept, more than 15 rounds of ammunition, with exceptions. (Sec. 434) Prohibits the transfer or possession of AFDs, with exceptions. Requires the Secretary of the Treasury to maintain a central registry of all such devices transferred after the enactment date of this Act which, after such transfer, are not under the control of the United States or any State or political subdivision. Specifies that such registry shall include: (1) identification of the device; (2) date of registration; (3) identification and address of the person entitled to possess the device; and (4) such other information as may be required by regulations promulgated by the Secretary. Establishes additional registration procedures. Requires all AFDs to be identified by a serial number and such other identification as the Secretary may prescribe. (Sec. 436) Provides for criminal penalties for violation of provisions of this Act relative to AFDs. (Sec. 437) Authorizes specified individuals engaged in the manufacture or importation of AFDs requiring a license to continue to engage in such business pending final action on the application. Title V: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. (Sec. 503) Includes State and local law enforcement officers assisting Federal officers or employees in the performance of their official duties within the scope of provisions setting penalties for individuals who kill or attempt to kill any U.S. judge, U.S. Attorney, or specified other classes of individuals. Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgment probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense. (Sec. 602) Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult. (Sec. 603) Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions. (Sec. 604) Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire. Title VII: Terrorism - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) disrupting the services of such airport, if such an act endangers or is likely to endanger safety. (Sec. 702) Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. (Sec. 717) Sets forth provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorist Alien Removal - Terrorist Alien Removal Act of 1993 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. (Sec. 724) Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public. Directs the Chief Justice of the United States to designate five district court judges from five of the U.S. judicial circuits who shall constitute a court with jurisdiction to conduct all matters and proceedings authorized under this title; and (2) provide for the maintenance of appropriate security measures to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information. Sets forth provisions with respect to the retention of an alien in custody, the deportation of such alien to the alien's or a third country, and the transfer of such alien to the custody of State authorities, as appropriate. Amends the Immigration and Nationality Act to: (1) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (2) set penalties for entering (or attempting to enter) the United States subsequent to exclusion or removal; and (3) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings. Subtitle D: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States; (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States; (3) committing certain homicides and attempted homicides involving firearms in Federal facilities; and (4) providing material support to terrorists. (Sec. 735) Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organizations statute. (Sec. 736) Authorizes the civil and criminal forfeiture of property used to commit specified terrorist and violent acts. (Sec. 737) Provides for enhanced penalties for specified offenses, such as fraud and misuse of visas, permits, and other entry documents. (Sec. 738) Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony that involves or is intended to promote international terrorism, with exceptions. Subtitle E: Antiterrorism Enforcement Provisions - Authorizes the Attorney General to award permanent residence or other status to an alien and his immediate family who is already present in the United States under specified circumstances, such as where necessary to protect the life of an individual who has cooperated with Federal law enforcement authorities, subject to certain numerical limitations. (Sec. 742) Amends the Alien Enemies Act to authorize the President, whenever invoking the authority contained in such Act as to aliens of a hostile nation or government and upon further determining that the United States may also be subject to actual, attempted, or threatened predatory incursions by aliens of other nations, to include within the terms of such Act (which provides for the apprehension, restraint, and removal of alien enemies) any or all other aliens within the United States as the President may designate. (Sec. 743) Authorizes the Director of the Federal Bureau of Investigation (FBI) to obtain (after submitting a written request) from a wire or electronic communications service provider subscriber information regarding a person or entity which is relevant to an authorized foreign counterintelligence investigation, where information available to the FBI indicates that there is reason to believe that communications facilities registered in the name of such person or entity have been used, through the services of such provider, in communication with a foreign agent or power. (Sec. 744) Amends the Consumer Credit Protection Act to require a consumer reporting agency to furnish a consumer report or other information requested in connection with an authorized foreign counterintelligence investigation to the FBI under specified conditions. (Sec. 745) Authorizes: (1) interceptions of communications (subject to approval by the appropriate Federal judge) under specified Federal provisions; (2) participation of foreign and State government personnel in interceptions; and (3) disclosure of intercepted communications, under specified circumstances, to foreign law enforcement officials. (Sec. 748) Extends the statute of limitations for specified terrorism offenses. Title VIII: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty; and (3) in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor, the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant and a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. (Sec. 804) Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified; and (2) the jury, upon the return of a recommendation of a sentence of death, to return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim. Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Authorizes imposition of the death penalty for violation of specified civil rights provisions, if death results. (Sec. 805) Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 to authorize drug control and system improvement grants to States to provide in all appropriate cases, particularly in collateral and other post-conviction proceedings, adequate resources and expertise to ensure that the death penalty is expeditiously carried out; and (2) specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) a State, territory, or district. Title IX: Victims' Rights - Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule. (Sec. 902) Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim.

Law· HRH.R. 2264 (103rd)enacted

Omnibus Budget Reconciliation Act of 1993

United States · United States Congress · 25 May 1993

TABLE OF CONTENTS: Title I: Committee on Agriculture Title II: Committee on Armed Services Title III: Committee on Banking, Finance and Urban Affairs Title IV: Education and Labor Title V: Committee on Energy and Commerce Title VI: Committee on Foreign Affairs Title VII: Committee on the Judiciary Title VIII: Committee on Merchant Marine and Fisheries Title IX: Committee on Natural Resources Title X: Committee on Post Office and Civil Service Title XI: Committee on Public Works and Transportation Title XII: Committee on Veterans Affairs Title XIII: Committee on Ways and Means-Savings Title XIV: Revenue Provisions Title I: Committee on Agriculture - Agricultural Reconciliation Act of 1993 - Subtitle A: Commodity Programs - Amends the Agricultural Act of 1949 to reduce payment acres for wheat, feed grains, upland cotton, and rice. (Sec. 1101) Extends specified loan, payment, and acreage reduction programs for wheat, feed grains, upland cotton, rice, milk and dairy products, tobacco, sugar, oilseeds, peanuts, honey, and wool and mohair. Sets forth maximum purchase prices for butter and nonfat dry milk. Increases marketing assessments for tobacco and sugar. Establishes an additional marketing assessment for peanuts. (Sec. 1109) Amends the Harmonized Tariff Schedule of the United States to provide temporary additional customs duties on peanut butter and peanut paste. Subjects peanut butter to import quotas. (Sec. 1110) Amends the Agricultural Act of 1949 to reduce the support rate and annual payments for honey. Eliminates marketing assessments. (Sec. 1111) Reduces annual payments for wool and mohair. Eliminates marketing assessments. Subtitle B: Restructuring of Loan Programs - Amends the Rural Electrification Act of 1936 to restructure current Rural Electrification Administration (REA) electric and telephone loan programs, including creation of categories of hardship loans and municipal (electric) loans. Authorizes appropriations. (Sec. 1202) Transfers REA authority to the Department of Agriculture's Rural Development Administration. Subtitle C: Food Stamp Program - Mickey Leland Childhood Hunger Relief Act - Chapter 1: Ensuring Adequate Food Assistance - Amends the Food Stamp Act of 1977 to increase the basic food stamp program (program) benefit to 104 percent of the thrifty food plan. (Sec. 1312) Increases the age for students whose income is excluded from consideration as program income. (Sec. 1313) Removes (with an interim increase) the excess shelter cap. (Sec. 1314) Eliminates food stamp reductions for certain reapplying households. (Sec. 1315) Excludes third party payments for transitional housing for the homeless from consideration as program income. (Sec. 1318) Increases funding for the nutrition assistance program in Puerto Rico. (Sec. 1316) Excludes general assistance vendor payments from consideration as program income. Chapter 2: Promoting Self Sufficiency - Excludes education assistance and certain child support from consideration as program income. (Sec. 1324) Increases dependent care deductions and participant and State agency reimbursements in connection with employment and training activities. (Sec. 1325) Increases annually the fair market value limits of vehicles that program recipients may own. (Sec. 1326) Excludes from financial resources the value of a household vehicle used to carry heating fuel or water for home use. (Sec. 1327) Authorizes resource accumulation demonstration projects. Chapter 3: Simplifying the Provision of Food Assistance - Permits related adults living in the same household to apply for separate program benefits. (Sec. 1332) Makes children living with parents who are partcipating in drug or alcohol treatment programs eligible for food stamps. (Sec. 1333) Permits a participating family made up of, or including, an elderly or disabled member to own $3,000 in allowable financial resources. (Sec. 1334) Repeals provisions authorizing benefit reductions due to funding. Chapter 4: Improving Program Integrity - Expands: (1) the permitted use and disclosure of information provided by retail and wholesale food concerns; and (2) claims collections alternatives. (Sec. 1343) Authorizes demonstration projects aimed at coupon trafficking. Chapter 5: Improving Food Stamp Program Management - Excludes from categorical eligibility any household disqualified from participation because of workfare noncompliance. (Sec. 1353) Disqualifies program participants for trading food stamp coupons for controlled substances or for firearms, ammunition, or explosives. (Sec. 1356) Modifies the program's quality control system. Requires an error measurement study. Chapter 6: Uniform Reimbursement Rates - Revises State reimbursement rates. Chapter 7: Implementation and Effective Dates - Sets forth implementation and effective dates. Subtitle D: Miscellaneous Provisions - Amends the Agricultural Trade Act of 1978 to extend and reduce expenditure levels for the market promotion program. (Sec. 1402) Authorizes the Secretary of Agriculture (Secretary) to improve admission and recreation fees at specified public use areas. (Sec. 1403) Requires reduction of Department of Agriculture expenditures through personnel and office consolidations. (Sec. 1404) Amends the Food Security Act of 1985 to: (1) reduce the conservation reserve program acreage requirement; and (2) revise and make mandatory wetlands reserve program acreage requirements. (Sec. 1405) Amends the Federal Crop Insurance Act to direct the Federal Crop Insurance Corporation to make available four levels of commodity insurance based upon percentage of loss in yield. Title II: Committee on Armed Services - Directs the Secretary of Defense to provide a limited increase in the military retired pay of any former military personnel who became a member of the armed forces before August 1, 1986. (Sec. 2002) Waives the automatic FY 1994 increase in the rates of basic pay, basic allowance for quarters, and basic subsistence allowance. Provides that if the General Schedule pay rates for Federal employees is increased during any of FY 1995 through 1998, then military pay rates shall be increased. Title III: Committee on Banking, Finance and Urban Affairs - Amends the Federal Deposit Insurance Act to prescribe an order of priority for the distribution of amounts realized from the resolution of any insured depository institution. Requires distributions in connection with certain claims to be accompanied by an accounting report. (Sec. 3002) Amends the Federal Reserve Act to mandate that for FY 1994 through FY 1998 specified percentages of the surplus fund of any Federal reserve bank be transferred to the Treasury. Prohibits a Federal reserve bank from replenishing its surplus fund by the amount of such transfer. (Sec. 3003) Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to: (1) require that certain income disclosure consent forms be submitted for verification of eligibility for benefits; and (2) amend applicant, participant, and public housing agency protections. (Sec. 3004) Amends the National Housing Act to direct the Government National Mortgage Association (GNMA) to: (1) charge fees in connection with its multiclass securities guarantee program; (2) assure that a portion of program benefits accrue to mortgagors who execute eligible mortgages; and (3) summarize program activities to the Congress. (Sec. 3005) Directs the Secretary of Housing and Urban Development to increase the rate at which the Secretary earns the single premium payment collected at the time of insurance of a mortgage that is an obligation of the Mutual Mortgage Insurance Fund. Title IV: Education and Labor - Subtitle A: Federal Direct Loan Program - Student Loan Reform Act of 1993 - Amends the Higher Education Act of 1965 (HEA) to replace the Federal Family Education Loan Program, under which loans made by private lenders are guaranteed by the Government, with a Federal Direct Student Loan Program. Chapter 1: Amendments to Part D of Title IV of the Higher Education Act of 1965 - Amends HEA to change the Federal Direct Loan Demonstration Program to the Federal Direct Student Loan Program (FDSL). (Sec. 4002) Sets forth program authority for making sums available for FDSL loans to all eligible students (and parents). Directs the Secretary of Education to provide funds for such student and parent loans on the basis of need and eligibility of students and parents at each participating institution. Declares that no institution shall have a right to participate in FDSL programs. Provides for application of the requirements of the Cash Management Improvement Act of 1990 on a transition schedule. Sets forth selection criteria for an institution's participation in the FDSL program and in origination agreements. Allows consortia to apply to originate FDSL loans. Sets forth terms and conditions for FDSL loans, including certain parallels with Stafford, supplemental, parent, and unsubsidized Stafford loans under the FFEL program. Sets interest rates. Sets minimum and maximum loan fees. Provides for standard, extended, graduated, and income contingent (EXCEL account) repayment plan options. Sets forth deferment and forbearance possibilities (including national service). Authorizes the Secretary to award contracts under the FDSL program for: (1) alternative origination of loans; (2) servicing and collection of loans; (3) data systems for records maintenance; and (4) services to assist in orderly transition from FFEL to FDSL programs. Authorizes the use of funds for research on FDSL program aspects, including flexible repayment plans. Chapter 2: Conforming Amendments - Amends HEA with respect to FFEL program student and parent loans during the transition to the FDSL program. (Sec. 4021) Provides for advances to guaranty agencies for lender-of-last-resort services. Requires the Student Loan Marketing Association (Sallie Mae) to begin making FFEL loans as lender-of-last-resort and to cease such lending when the triggering conditions have ceased. (Sec. 4028) Requires a study of alternatives for Sallie Mae during and after the transition to FDSL, including its own transition from a Government-sponsored enterprise to a private corporation. (Sec. 4030) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide that any reductions in the FDSL program required by a sequestration order shall be achieved only through a specified increase in the loan fee. Chapter 3: Effective Dates; Study - Sets forth effective dates for amendments made by this Act. (Sec. 4032) Directs the Secretary to report to the Congress on the feasibility of Internal Revenue Service (IRS) collection of student loan repayments. (Sec. 4033) Expresses the preference of the House Committee on Education and Labor for an IRS collection mechanism. Subtitle B: Cost Sharing by States - Amends HEA to require any State in which there are higher education institutions with cohort default rates exceeding 20 percent to pay portions of costs related to such loan defaults. Allows States to charge institutions fees based on their cohort default rate and the State's risk of loss. Subtitle C: ERISA Amendments Relating to Group Health Plans - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to coordinate ERISA preemption rules with Medicaid provisions for liability of third parties. (Sec. 4202) Prohibits a group health plan from reducing its coverage of the costs of pediatric vaccines below that provided as of May 1, 1993. (Sec. 4203) Sets forth rules whereby: (1) ERISA preemption of State laws shall be inapplicable to certain State laws (of Hawaii, Maryland, Minnesota, and New York); or (2) the Secretary of Labor can assist such States in effectuating the policies of certain provisions superseded by ERISA. Title V: Committee on Energy and Commerce - Subtitle A: Medicare Program - Chapter 1: Provisions Relating to Part B - Subchapter A: Physicians' Services - Amends title XVIII (Medicare) of the Social Security Act (SSA) to, among other things: (1) reduce the default update for the conversion factor otherwise applicable to surgical and non-surgical services (except primary care services) in 1994; (2) increase the performance standard factor; (3) provide for classification of primary care services as a separate category of services with respect to volume performance standards and updates in conversion factors for physicians' services; (4) phase-in reductions to the practice expense relative value units; (5) revise the payment policy for anesthesia care teams; (6) repeal the prohibition on separate billing for the interpretation of electrocardiograms (EKGs); (7) require adjustments in the relative value units for services in order to ensure budget neutrality; (8) require Medicare carriers to screen unassigned claims; (9) include antigens prepared by a physician on the physician fee schedule; and (10) specify the conditions under which the Secretary can recognize substitute billing arrangements between two physicians. (Sec. 5011) Requires the Secretary to develop relative values for pediatric physicians' services. Subchapter B: Outpatient Hospital Services and Ambulatory Surgical Services - Amends SSA title XVIII to: (1) extend the ten percent reduction in payments for capital-related costs of outpatient hospital services, as well as the 5.8 percent reduction in payments for other costs of such services; and (2) extend special payment rates for certain eye or eye and ear hospitals. (Sec. 5023) Directs the Secretary to suspend the annual update for ambulatory surgery payments for FY 1994. (Sec. 5025) Amends the Omnibus Budget Reconciliation Act of 1990 (OMBRA '90) to extend the cap on payments for intraocular lenses. Subchapter C: Durable Medical Equipment - Amends SSA title XVIII to: (1) revise payment rules for items of durable medical equipment (DME) and supplies; (2) remove aspirators and nebulizers from the category of DME items requiring frequent and substantial servicing, and specifically provide for payment of related accessories; (3) set forth requirements which suppliers of medical equipment and supplies must satisfy in order to qualify for Medicare reimbursement; (4) require development of standardized certificates of medical necessity forms; (5) require DME suppliers to submit claims to the carrier with jurisdiction over the geographic area including the patient's permanent residence; (6) place restrictions on certain DME supplier marketing and sales practices; (7) specify circumstances under which Medicare beneficiaries are not financially liable for covered items and services furnished by a supplier; (8) address adjustments made to unreasonable DME payment amounts; (9) determine payments for surgical dressings; and (10) reduce the DME fee schedule amount for transcutaneous electrical nerve stimulation devices. (Sec. 5032) Freezes payments during 1994 for parenteral and enteral nutrients, supplies, and equipment at 1993 levels. (Sec. 5034) Directs the Secretary to report to the Congress on: (1) the effect of the uniform criteria established pursuant to this Act for DME items; and (2) appropriate methodology for determining payment under Medicare for prosthetic devices and orthotics. (Sec. 5037) Amends SSA title XI to modify anti-kickback provisions. (Sec. 5042) Requires a report to the Congress on variations in DME supplier costs. Subchapter D: Part B Premium - Amends SSA title XVIII to extend current law with respect to the monthly Medicare part B premium for beneficiaries enrolled in Medicare. Subchapter E: Other Provisions - Revises provisions of SSA title XVIII, including: (1) to revise payments for clinical diagnostic laboratory tests; (2) to address the provision of x-ray services by rural health clinics and federally-qualified health centers; (3) to condition payment for mammograms on the certification status of the facility; and (4) to provide Medicare coverage of oral cancer drugs. (Sec. 5064) Amends the Omnibus Budget Reconciliation Act of 1986 (OMBRA '86) to extend the Alzheimer's Disease Demonstration. (Sec. 5066) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 (COMBRA '85) to extend certain municipal health service demonstration projects. (Sec. 5069A) Requires a report to the Congress on annual payment limitations for outpatient physicial and occupational therapy services. Chapter 2: Provisions Relating to Parts A and B - Amends Medicare part C (Miscellaneous) provisions relating to Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) to: (1) eliminate requirements for special adjustments for administrative costs of hospital-based home health agencies; (2) make changes with regard to Medicare as secondary payor; (3) reduce payment for erythropoientin; (4) require nursing facilities and home health agencies to inform Medicare beneficiaries of the hospice benefit; and (5) require revision of the capitation payment methodology for health maintenance organizations (HMOs) to account for regional variations in application of Medicare secondary payor provisions. (Sec. 5073) Amends Medicare part B with regard to use of carriers to recover erroneous payments from primary payers. (Sec. 5072, 5074, and 5078) Requires: (1) a report on Medicare payments to hospitals for medical residency training program costs; (2) a report on the use of the new shared facility arrangement exception to ownership and compensation arrangements under the ban on certain referrals by physicians; and (3) establishment of a method of outreach to newly eligible Medicare beneficiaries qualifying for Medicaid payment of out-of-pocket expenses. (Sec. 5077) Amends OMBRA '86 to extend certain waivers under Medicare for the Watts Health Foundation. (Sec. 5079) Amends the Omnibus Budget Reconciliation Act of 1987 (OMBRA '87) to extend the waivers under Medicare for social health maintenance organization (SHMO) demonstration projects. Amends the Deficit Reduction Act of 1984 to require additional SHMO demonstration projects and permit one project to enroll Medicare end stage renal disease beneficiaries. (Sec. 5082) Amends the Omnibus Budget Reconciliation Act of 1990 (OMBRA '90) to revise the payment methodology for organizations under a risk-sharing contract with the Secretary. Chapter 3: Provisions Relating to Medicare Supplemental Insurance Policies - Amends OMBRA '90 and Medicare to make changes to Federal standards respecting the sale of Medicare supplemental insurance policies. Subtitle B: Medicaid Program and Other Health Care Provisions- Chapter 1: Medicaid Program - Subchapter A: Program Savings Provisions - Amends SSA title XIX to, among other things: (1) repeal the mandate that States cover personal care services under their Medicaid programs for all individuals entitled to nursing facility benefits; (2) allow States to establish formularies limiting coverage of prescription drugs under their Medicaid programs; (3) prohibit States from disregarding assets in cases where an individual has received payments under a long-term care policy; (4) address the liability of third parties to pay for care and services provided to Medicaid eligibles; (5) require States to have in effect certain laws relating to medical child support; and (6) make changes with regard to payments for disproportionate share hospitals. (Sec. 5117) Amends SSA to add a new title XXI requiring establishment of a Health Coverage Clearinghouse to identify third parties which may be liable for payment of health care items and services furnished to Medicare, Medicaid, Indian Health Service, and Maternal and Child Health Service beneficiaries. Subchapter B: Miscellaneous Provisions - Amends SSA title XIX to, among other things: (1) provide for the application under Medicaid of the physician self-referral prohibitions currently under Medicare; (2) require State maintenance of annual expenditures (adjusted) for State Medicaid fraud control units; (3) change treatment of HMO enrollees in determining the Medicaid inpatient utilization rate of a hospital seeking to qualify as a disproportionate share hospital; (4) raise, with respect to eligible States, Federal Medicaid matching payments for State expenses incurred in the provision of bona fide emergency medical services to undocumented aliens; (5) establish an option for States to make TB-infected individuals eligible for limited TB-related services; (6) require that mammographies paid for under Medicaid be conducted by a facility certified under the Mammography Quality Standards Act of 1992; and (7) make permanent the current law requirement for continued Medicaid coverage of families who lose eligibility for cash assistance under the Aid to Families with Dependent Chidren Program because they work. (Sec. 5132 and 5144) Amends SSA title XI to: (1) authorize an alternative intermediate remedy for redressing kickback offenses; (2) change procedures for initiation of a civil monetary penalty action; and (3) raise the ceiling on Federal Medicaid matching payments to Puerto Rico and other specified territories. (Sec. 5137) Extends the period during which the Secretary is required to waive application of the enrollment mix requirement under Medicaid for certain HMOs under the Dayton Area Health Plan, Inc. (Sec. 5138, 5146, and 5150) Amends the Omnibus Budget Reconciliation Act of 1989 with respect to the Tennessee Primary Care Network, certain demonstration projects for low-income pregnant women and children, and the Kent Community Hospital Complex and the Saginaw Community Hospital. (Sec. 5139) Directs the Secretary to waive application of the enrollment mix requirement under Medicaid with respect to the District of Columbia Chartered Health Plan, Inc.. (Sec. 5140) Amends the Family Support Act of 1988 to extend the period during which the Secretary is required to waive application of certain provisions of Medicaid law for the Minnesota Prepaid Demonstration Project. Subchapter C: Miscellaneous and Technical Corrections Relating to OMBRA '90 - Amends OMBRA '90 to make miscellaneous and technical corrections to various specified Medicaid-related provisions. Chapter 2: Universal Access to Childhood Immunizations - Amends the Public Health Service Act to entitle each State to the Federal purchase of enough pediatric vaccines to immunize each child in the State who is: (1) covered under title XIX (Medicaid) of the Social Security Act; (2) uninsured, or has insurance which does not cover vaccinations; or (3) an Indian. (Sec. 5181) Establishes the National Childhood Immunization Trust Fund. Exempts the vaccine program from reduction under the Balanced Budget and Emergency Deficit Control Act of 1985. Mandates State allotments for a registry of information on every child, including immunization data. Authorizes appropriations. Mandates grants to States to achieve objectives for immunizing U.S. children. Authorizes appropriations. (Sec. 5182) Amends the Omnibus Budget Reconcilation Act of 1989 to authorize appropriations from the Vaccine Injury Compensation Trust Funds to administer certain provisions of the National Vaccine Injury Compensation Program. Amends the Public Health Service Act to modify provisions regulating the effect on the statute of limitations of revisions to the Vaccine Injury Table. (Sec. 5183) Amends Medicaid provisions to require notifying all Medicaid-eligible persons under 21 of the need for immunizations. Adds grant entities under Public Health Service Act health provisions for residents of public housing to the list of entities within the definition of "Federally-qualified health center." (Sec. 5184) Allows Medicaid payments directly to vaccine manufacturers under certain programs. (Sec. 5185) Authorizes grants for demonstration projects providing comprehensive services to reduce the incidence of infant mortality and morbidity, fetal deaths, maternal mortality, fetal alcohol syndrome, and low birth weight. Authorizes appropriations. (Sec. 5186) Amends title V (Maternal and Child Health Services Block Grant) of the Social Security Act to authorize appropriations to carry out specified provisions. (Sec. 5187) Modifies compensation requirements regarding members of the National Advisory Council on the National Health Service Corps. Allows certain entities that are migrant, community, homeless, and public housing health services providers to elect certain treatment under the Public Health Service for purposes of malpractice actions. Removes provisions allowing waiver of rights to recover National Health Service Corps scholarship or loan repayment amounts after default. Subtitle C: Communications Licensing Improvement - Chapter 1: Competitive Bidding Authority - Licensing Improvement Act of 1993 - Amends the Communications Act of 1934 to empower the Federal Communications Commission (FCC) to use a system of competitive bidding in the granting of licenses involving the use of the electromagnetic spectrum (public airwaves). Outlines certain provisions, including: (1) uses to which such bidding may apply; (2) establishment by the FCC of a competitive bidding methodology; (3) alternative payment schedules for the use of airwaves; and (4) bidder and licensee qualifications. (Sec. 5205) Revises the FCC's regulatory authority in the mangagement of mobile communications services. Considers a person engaged in the provision of commercial mobile services to be a common carrier and, therefore, required to establish physical connections as required under the Communications Act. Prohibits State or local government imposition of any rate or entry regulation on commercial mobile service, but allows the FCC to grant a State petition to regulate rates under certain conditions. Chapter 2: Emerging Telecommunications Technologies - Emerging Telecommunications Technologies Act of 1993 - Amends the National Telecommunications and Information Administration Organization Act to require the Assistant Secretary of Commerce for Communications and Information and the FCC Chairman to conduct joint electromagnetic spectrum planning with respect to future spectrum requirements and promotion of efficient use of the spectrum. (Sec. 5222) Directs the Secretary to report to the President and the Congress identifying bands of frequencies that are allocated primarily for Government, are eligible for licensing, and are not required by the Government. Requires a report to the Congress on preliminary identification of reallocable bands of frequencies. Requires that an advisory committee be convened to assist in carrying out this Chapter. Directs certain actions after receipt of the advisory committee report on reallocation of band frequency assignments between Government and private uses. Authorizes the President to substitute alternative frequencies in the interest of national defense, governmental needs, public health or safety, or financial considerations. Directs the FCC to submit a plan for the distribution of reallocated frequency bands. Authorizes the President to reclaim reassigned frequencies. Chapter 3: Communications Technical Amendments - Sets forth corrections and technical amendments to communications provisions. Subtitle D: Energy Programs - Amends the Omnibus Budget Reconciliation Act of 1990 to extend from September 30, 1995, to September 30, 1998, the authority of the Nuclear Regulatory Commission to collect annual charges. Title VI: Committee on Foreign Affairs - States that the Committee on Foreign Affairs recommends changes in Federal law which would reduce direct spending under the Foreign Service Retirement and Disability Fund and the Foreign Service Pension System by requiring a three-month delay in cost-of-living adjustments for each year, FY 1994 through 1996. Title VII: Committee on the Judiciary - Amends the Omnibus Budget Reconciliation Act of 1990 to extend through FY 1998 the authorization for the collection of surcharges for use of the Patent and Trademark Office. Title VIII: Committee on Merchant Marine and Fisheries - Amends Federal shipping law to extend the years during which certain tonnage duties are imposed. (Sec. 8002) Declares the sense of the Congress that the inland waterways fuel tax should not be increased beyond those increases already mandated by law. Title IX: Committee on Natural Resources - Amends specified Federal law regarding the political union of the Commonwealth of the Northern Mariana Islands (Commonwealth) with the United States to repeal the direct grant asssitance for such Islands. Prescribes guidelines under which the United States commits its full faith and credit for specified payments to certain U.S. possessions and territories, including payments for capital improvements projects. Requires reports on the minimum wage and immigration policies of the Commonwealth. (Sec. 9002) Amends the Mineral Leasing Act to provide that, in calculating the amount to be paid to States of revenues derived from Federal onshore mineral and geothermal steam leasing receipts, 50 percent of the portion of the appropriation allocable for administration and enforcement shall be deducted from those receipts in approximately equal amounts each month prior to their division and distribution between the States and the United States. (Sec. 9003) Mandates the payment of a specified minimum flat claim maintenance fee and location fee by the holder of an unpatented mining claim, mill, or tunnel site in lieu of the assessment work and related filing requirements under certain Federal mining law. Exempts certain oil shale claims from the fee requirement. Waives fees under certain conditions. (Sec. 9004) Amends Federal reclamation laws to mandate that non-Federal recipients of water delivered by way of Federal facilities pay an operation and maintenance charge to the United States. Establishes the Natural Resources Restoration Fund for the benefit of fish and wildlife resources and habitat affected by Federal reclamation projects. (Sec. 9005) Amends the Land and Water Conservation Fund Act of 1965 to prohibit recreation user fees for campgrounds lacking specified amenities. Revises the terms of "Golden Age" passports in the National Park System. Establishes user fees for rights-of-way, tour vehicles or aircraft, and commercial telephone transmission facilities on Federal lands. (Sec. 9007) Directs the Secretaries of Energy and of the Interior adjust fees and other charges in order to recover the cost of Government services and establish a fee mechanism to recover Government costs of providing services which are currently free. (Sec. 9008) Directs the President to transmit in the annual budget an estimate of unfunded future Federal liabilities that are not accounted for in the budget itself. Title X: Committee on Post Office and Civil Service - Subtitle A: Civil Service - Delays the cost-of-living adjustments scheduled to take effect under certain Federal employee retirement systems during FY 1994 through 1996. (Sec. 1002) Amends the Civil Service and Federal Employees' Retirement Systems and the Foreign Service and Central Intelligence Agency systems to permanently eliminate the lump sum retirement option except for employees with a critical medical condition. (Sec. 1003) Eliminates the 1994 annual cost-of-living adjustment for Members of Congress and Federal employees. Amends the Ethics Reform Act of 1989 and other Federal law to modify the formulae for computing such adjustments for 1995 through 1997. (Sec. 1004) Amends Federal law to delay locality-based comparability payments until July of 1994. Limits the total amounts payable for locality payments between July 1, 1994, and September 30, 1998. Authorizes the President to specify locality payments less than the minimum amounts which would otherwise be required if necessary to comply with such limitations. Delays annual cost-of-living adjustments for Federal employees and Members of Congress until July of each year for the period between January 1, 1995, and December 31, 2003. Repeals provisions excluding senior executives from the limitation on the accumulation of annual leave. Prohibits cash awards during FY 1994 through 1998. Limits the average total number of civilian employees in the executive branch (except employees of the U.S. Postal Service and Postal Rate Commission) during FY 1994 through 1998. Requires the Director of the Administrative Office of United States Courts to apply the prohibitions and limitations of this Act with respect to annual cost-of-living adjustments and locality-based comparability payments to employees under the separate system of the Office. (Sec. 1005) Requires certain Federal Employees Health Benefits Program (FEHBP) plans to apply the Medicare part B limiting charges for physicians' services to enrolled retirees who are 65 or older and do not participate in Medicare part B. (Sec. 1006) Extends the proxy premium formula for determining Government contributions under FEHBP through contract year 1998 in the absence of a Government-wide indemnity benefit plan. Expresses the sense of the Congress that such extension should not be considered to reflect any view on the appropriateness, merits, or timing, or any other aspect of any comprehensive health care reform legislation. Subtitle B: Postal Service - Directs the U.S. Postal Service to make a specified additional payment into the Civil Service Retirement and Disability Fund and the Employee Health Benefits Fund to cover increases due to retirement cost-of-living adjustments and increases in health benefits costs. Subtitle C: Revenue Forgone Reform - Revenue Forgone Reform Act - Amends Federal postal service law to repeal the authorization of appropriations under the Overseas Citizens Voting Rights Act of 1975 and the Federal Voting Assistance Act of 1955 for mail sent at reduced postage rates. Revises provisions relating to the treatment of reduced-rate categories of mail. (Sec. 10203) Repeals certain Federal provisions authorizing appropriations to the Postal Service for certain accumulated operating indebtedness and directing the Postal Service to provide door or curbline delivery to certain permanent addresses. Authorizes appropriations for FY 1994 through 2035 to cover losses. (Sec. 10205) Prohibits reduced mailing rates for mail adverstising or offering products or services if: (1) the sale is not related to the purposes allowing mail at such rates; or (2) the mail matter involved is part of a cooperative mailing with a person not authorized to mail at reduced rates. Revises provisions with respect to the mailing rates of books. (Sec. 10207) Expresses the sense of the Congress that any legislation enacted after September 30, 1994, which would expand the class of mail eligible for reduced rates should provide for funding ensuring no losses to the Postal Service nor increases in rates for other classes of mail. Title XI: Committee on Public Works and Transportation - Amends the Federal Aviation Act of 1958 to revise fees charged for aircraft registration, designation as an aviation medical examiner, issuance of an airman's certificate to be a pilot and costs associated with processing forms for fuel system repairs. Requires fees be deposited in the Airport and Airway Trust Fund. (Sec. 11002) Amends the Flood Control Act of 1968 to authorize the Secretary of the Army to collect fees for the use of developed recreation facilities, including campsites, beaches, and boat launching ramps. Requires fees to be deposited into the Treasury account for the Corps of Engineers. Title XII: Committee on Veterans Affairs - Veterans Reconciliation Act of 1993 - Amends the Omnibus Reconciliation Act of 1990 to extend through September 30, 1998, the requirement that veterans with a certain minimum income level make copayments in exchange for receiving certain health care benefits through the Department of Veterans Affairs. Extends: (1) the requirement of a minimal copayment for medications received by veteran outpatients; (2) authority to recover the cost of veterans' services from third party insurers; (3) the authority of the Secretary of the Treasury to provide certain financial information for income verification purposes; (4) a monthly pension limitation for certain recipients of nursing home care covered under Medicaid; and (5) procedures applicable to liquidation sales on defaulted home loans to veterans. (Sec. 12006) Prohibits any FY 1994 cost-of-living adjustment in the rates of dependency and indemnity compensation paid to surviving spouses. (Sec. 12008) Increases the home loan fee charged to veterans for loans guaranteed by the Department, closed after September 30, 1993, and before October 1, 1998. (Sec. 12009) Reduces by one percentage point the FY 1994 cost-of-living adjustment for educational assistance benefits payable to active duty and reserve personnel under the Montgomery GI Bill educational assistance program. (Sec. 12010) Excludes a person who is not the natural or legally adopted child of the parent from eligibility for survivors' and dependents' educational assistance. Title XIII: Committee on Ways and Means: Savings - Subtitle A: Old-Age, Survivors and Disability Insurance Programs - Amends OMBRA '90 to require the Secretary to reestablish and maintain in service the same number of telephone lines to each local social security office that were in place as of September 30, 1989. (Sec. 13003) Makes amendments to SSA title II, including to: (1) permit States collecting social security numbers to use those numbers to eliminate duplicate names and names of convicted felons from jury source lists; (2) extend to all States the option to provide police officers and firefighters with social security coverage; (3) disregard the windfall elimination provision in computing any U.S. totalization benefit and the amount of a regular U.S. benefit of an individual who receives a foreign totalization benefit based in part on U.S. employment, and who does not receive any other pension based on noncovered employment; (4) provide that military pensions based wholly on service in the military reserves before 1988 shall not trigger application of the Government pension offset or windfall elimination provision to the individual's social security benefits; (5) permit the Department of Agriculture to share its list of names, social security numbers, and employer identification numbers of the owners of retail grocery stores which redeem food stamps with other Federal agencies for the purpose of investigating food stamp fraud and other crimes; and (6) prohibit a State from using social security numbers in the administration of any driver's license or motor vehicle registration law where the State has not contracted to provide death certificate and related information to the Secretary, or where use of death information is restricted. (Sec. 13005) Exempts from payment liability and penalties ministers who were American citizens and residents of Canada prior to the 1984 totalization agreement between the United States and Canada and failed to file a tax return or pay self-employment taxes. (Sec. 13010) Amends IRC to: (1) authorize the Secretary of the Treasury to disclose information from tax returns on individuals' mortality status to the Secretary for eipdemiological research purposes; (2) coordinate the collection of domestic service employment taxes with the collection of income taxes; and (3) change threshold requirements with respect to social security employment taxes on domestic services. (Sec. 13015) Requires the Secretary to study and report to the Congress on the rising costs of disability benefits. (Sec. 13016) Amends the Social Disability Amendments of 1980 to extend the Secretary's authority to conduct disability work incentive demonstration projects. Subtitle B: Human Resources Amendments - Chapter 1: Child Welfare Services, Foster Care, and Adoption Assistance - Amends SSA title IV part B (Child-Welfare Services) to, among other thing: (1) create a capped entitlement program to provide child welfare services designed to strengthen and preserve families; (2) repeal provisions linking the payment of title IV part B funds to the implementation of protections for children in foster care; (3) require State part B plans to contain a description of the specific measures taken by the State to comply with the Indian Child Welfare Act; and (4) provide for child welfare traineeships. (Sec. 13212) Directs the Secretary to provide grants for State courts to improve foster care placement and adoption proceedings. (Sec. 13216) Amends SSA title IV part E (Foster Care and Adoption Assistance) (FCAA) to change the reimbursement policy with respect to foster care maintenance payments made on behalf of certain children whose adoption has been set aside by a court or whose voluntary placement in foster care has been judicially determined to be in the best interests of the child. Requires States to review their foster care maintenance payment and adoption assistance levels. Requires the health and education records in each child's case plan include a record that the foster care provider was advised (where appropriate) of the child's eligibility for certain Medicaid services. Makes permanent the authorization for the independent living program. Sets forth case plan requirements for children placed in foster care a substantial distance from their homes or in a different State. (Sec. 13218) Directs the Secretary to study and report to the Congress on the ways in which States implement the reasonable efforts requirements for State part E plans. (Sec. 13225) Amends OMBRA '89 to extend permanently (and retroactively to October 1, 1992) the level of Federal reimbursement under part E for the training of personnel employed by the State or local child welfare agency, and for the training of foster and adoptive parents. (Sec. 13227) Amends SSA title XI part A to overturn certain limitations in Suter v. Artist M. on private enforceability of State plan requirements. (Sec. 13232) Prohibits the Secretary, until October 1, 1994, from reducing any payment to any State under parts B or E because of State noncompliance with part B foster care protections. (Sec. 13233) Requires the Secretary to make grants to eligible institutions to train individuals to deliver culturally sensitive and bilingual child welfare services in border areas with Mexico. Authorizes approprations. Chapter 2: Child Support Enforcement - Amends SSA title IV part D (Child Support and Establishment of Paternity) to set up new paternity establishment performance standards and procedures for State child support enforcement programs. Outlines State plan requirements. Requires State child support enforcement agencies to periodically report, at no charge, the names and amounts of obligors at least two months delinquent in child support payments to bona fide consumer reporting agencies. Chapter 3: Supplemental Security Income - Amends SSA title XVI (Supplemental Security Income) (SSI) and other Federal law to require the Social Security Administration to charge States fees for the Federal cost of administering supplemental SSI payments. (Sec. 13252) Amends OMBRA '90 to make permanent the exclusion of State and local relocation assistance from countable income under SSI. (Sec. 13253-13256) Amends SSA title XVI to: (1) deem to be living in a household a spouse or parent of family members on SSI who is absent because of active duty military assignment; (2) exclude hazardous duty pay from countable income; (3) continue SSI benefits to children who are U.S. citizens if they received SSI in the United States and then accompanied their parents on military assignment to a U.S. territory or possession; and (4) extend the SSI definition of disability for children under 18 to any person under age 18. (Sec. 13257) Exempts income of up to $2,000 per year received by individual Indians that is derived from leases on trust or restricted Indian lands in determining eligibility and benefit levels under AFDC (SSA title IV part A) and SSI. Chapter 4: Aid to Families with Dependent Children - Amends SSA title IV part A to: (1) reduce to 50 percent the enhanced Federal matching available for certain categories of State administrative expenses; (2) make optional a State's verification of an individual's immigration status with the Immigration and Naturalization Service through an immigration status verfication system; (3) delay Federal requirements regarding AFDC-UP participation rates; and (4) increase the amount of stepparent earnings disregarded in determining the eligibility and benefit amounts of AFDC recipients and applicants. (Sec. 13263) Amends part F (Job Opportunities and Basic Skills Training Program) (JOBS) to require development of criteria for performance standards in the JOBS program, rather than performance standards themselves. (Sec. 13264) States that the Congress declares: (1) it is the responsibility of the Federal Government to reduce family dependence on income from welfare programs, to assist them toward self-sufficiency, and to increase the living standards of low-income families; and (2) the Federal Government should help welfare recipients and individuals at risk of welfare participation to improve education and job skills, to obtain access to child care and support services, and to take other steps as may assist them to become financially independent. Directs the Secretary to develop welfare participation measures and predictors, and report annually on welfare participation to specified congressional committees. Establishes the Advisory Board on Welfare Participation. (Sec. 13265) Directs the Secretary to provide for a demonstration project offering low-income residents of Milwaukee, Wisconsin, employment, wage supplements, health and child care, and job counseling and training. (Sec. 13266 and 13270) Amends the Family Support Act of 1988 to: (1) delay the requirement for implementation of the Unemployed Parent program in Puerto Rico, Guam, the Virgin Islands, and American Samoa until the limitations on Federal matching payments with respect to AFDC and FCAA maintenance payments are repealed; and (2) extend the authorization for early childhood development projects. (Sec. 13269) Amends OMBRA '87 to extend New York State's Child Assistance Program demonstration. (Sec. 13267) Amends SSA title XI to provide that, with respect to AFDC, one adult member of a household may sign a declaration attesting to the citizenship or satisfactory immigration status of other household members. Chapter 5: Unemployment Insurance - Amends IRC and SSA title III (Unemployment Compensation) to provide for the treatment of short-time compensation programs under which individuals whose workweeks have been reduced by at least ten percent (especially as an alternative to a temporary layoff) are eligible for unemployment compensation, under certain conditions. (Sec. 13275) Amends the Federal-State Extended Unemployment Compensation Act of 1970 to increase the reimbursement rate and repeal special eligibility requirements under the extended unemployment program. (Sec. 13276 and 13277) Amends IRC to extend the current Federal unemployment tax rate and require disclosure of tax information to the Railroad Retirement Board for administration of the Railroad Retirement and Railroad Unemployment Insurance Acts. Chapter 6: Technical Provisions - Makes technical corrections related to the income security and human resources provisions of OMBRAs '89 and '90. (Sec. 13283) Amends SSA title XVI to repeal certain obsolete provisions relating to treatment of the earned income tax credit. Subtitle C: Medicare Program - Chapter 1: Provisions Relating to Part A -Subchapter A: Elimination of Inflation Update for Services Provided under Part A: - Amends SSA title XVIII (Medicare) to eliminate updates for inpatient hospital services and hospice care under Medicare part A in FY 1994 and 1995. (Sec. 13402) Prohibits the Secretary from applying an update factor to the cost limits for skilled nursing facility cost reporting periods beginning in FY 1994 and 1995. Subchapter B: Other Provisions Relating to Part A - Amends SSA title XVIII to, among other things: (1) provide that a change in classification of hospitals from one area to another cannot result in a reduction in the wage index for an urban area if the area has an age index below the rural wage index for the State or if the area is the only urban area in a State with no rural areas; (2) change certain standards for designating metropolitan statistical areas that are used in determining treatment of hospitals in rural counties adjacent to urban areas; (3) require the phase out of payments for day outlier cases starting in FY 1995; (4) authorize appropriations for the Essential Access Community Hospital (EACH) demonstration program; (5) provide for a prospective payment system for outpatient rural primary care hospital services; (6) continue special payments for Medicare-dependent, small rural hospitals for discharges occurring through FY 1994, with reduced payments for certain discharges; (7) allow to participate in Medicare hospitals where the care of patients receiving qualified psychologist services is under a clinical psychologist; (8) require skilled nursing facilities to inform beneficiaries of the hospice benefit under Medicare; (9) reduce the part A premium, on a phase-in basis, for individals with 30 or more quarters of social security coverage (and their spouses); (10) require periodic updating of salary equivalency guidelines for physical therapy and respiratory therapy services; and (11) provide that diagnosis-related group (DRG) window provisions will not apply to hospitals that are not paid on a DRG basis. (Sec. 13414) Amends OMBRA '87 to: (1) reauthorize and extend the rural health transition grant program; and (2) provide that all hospitals classified as regional referral centers on September 30, 1992, shall retain such status through FY 1994. (Sec. 13418) Amends OMBRA '90 to require the Secretary to continue limited-service rural hospital demonstration projects through calendar 1995. (Sec. 13419) Amends OMBRA' 89 to extend the hemophilia pass-through program. (Sec. 13420) Declares that, in the case of a State with a Medicare-approved payment system, no other provision of law shall be construed as preventing the system from providing that payment for covered services be made on the basis of rates provided for under such system. (Sec. 13423) Prohibits the Secretary from taking action to recover certain amounts paid by Medicare to uniformed services treatment facilities in Boston, Baltimore, and Seattle for services provided between October 1, 1986, and December 31, 1989, except to the extent that funds are made available for that purpose under the Department of Defense Appropriations Act, 1993. Requires a report to the Congress on establishment of joint medical facilities among the Department of Defense, the Department of Veterans' Affairs, and other entities. (Sec. 13424 and 13425) Requires the Secretary to: (1) review ]the DRGs assigned to discharges of patients with intractable epilepsy; (2) revise the assignment of discharges to such groups as the Secretary considers appropriate to account for the resource requirements of such patients; and (3) begin collecting data necessary to compute a skilled nursing facility wage index adjustment to the routine service cost limits required under Medicare. Requires the Prospective Payment Assessment Commission to report to the Congress on the impact of applying routine per diem cost limits for skilled nursing facilities on a regional basis. (Sec. 13429) Allows hospitals that have been reclassified from urban to rural as a result of revisions to metropolitan statistical area definitions issued by the Office of Management and Budget on December 28, 1992, to apply to the Medicare Geographic Classification Review Board for reclassification in FY 1994. Chapter 2: Provisions Relating to Part B: Subchapter A: Elimination of Inflation Update - Amends SSA title XVIII part B to eliminate the inflation update for physician and related professional services and other items and services. (Sec. 13432) Freezes payments for enteral and parenteral nutrients, supplies and equipment, rural health clinic, federally qualified health center, and comprehensive outpatient rehabilitation facility services, dialysis services, and other part B items and services. Subchapter B: Physicians' Services - Amends SSA title XVIII part B to, among other things: (1) repeal the OMBRA '90 prohibition on separate payments for EKG interpretations; (2) repeal the reductions in payments to new physicians and practitioners; (3) prohibit changing the methodology in effect as of January 1, 1992, for calculating anesthesia time in the fee schedules; (4) revise requirements with respect to geographic adjustment factors and beneficiary liability for amounts billed above the limiting charge; (5) require pre-payment screening by carriers of unassigned claims submitted by nonparticipating physicians; (6) require the Explanation of Benefits form to contain information on amounts billed in excess of the applicable limiting charge; (7) specify the practitioners who may only bill for services on an assignment-related basis; (8) include antigens prepared by a physician on the physician fee schedule; (9) prohibit the imposition of user fees in specified circumstances in the administration of claims relating to physicians' services; and (10) specify the conditions under which the Secretary can recognize substitute billing arrangements between two physicians. (Sec. 13444) Requires the Secretary to revise and report to specified congressional committees on the data necessary to revise geographic indices. Requires the Physician Payment Review Commission to develop criteria for use in redefining the localities used within States for adjusting physicians' fees. (Sec. 13446) Requires the Secretary to develop relative values for the full range of pediatric physicians' services and report to the Congress. Subchapter C: Ambulatory Surgical Center Services - Makes amendments identical to those made above to the Medicare program and OMBRA'90 under subchapter B of chapter 1 of title V of this Act with respect to eye and eye and ear hospitals and intraocular lenses. (Sec. 13452) Requires the Secretary to report to the Congress on the costs to providers of intraocular lenses provided to individuals enrolled under Medicare part B. Subchapter D: Durable Medical Equipment - Makes amendments similar to those made above to the Medicare program and SSA title XI under subchapter C of chapter 1 of title V of this Act with respect to durable medical equipment and kick-backs. (Sec. 13468) Subjects ostomy supplies, tracheostomy supplies, and urologicals to national payment limits. Subchapter E: Other Provisions - Makes amendments similar to those made above to the Medicare program, OMBRA '86, and COMBRA '85 under subchapter E of chapter 1 of title V of this Act with respect to oral cancer drugs and the treatment of certain Indian health programs and facilities as federally-qualified health centers, and the extension of Alzheimer's disease and municipal health service demonstration projects. (Sec. 13471) Amends SSA title XVIII to, among other things: (1) freeze at the 1992 level the conversion factor used to determine payments to medically directed certified registered nurse anesthetists; (2) cap the part B premium penalty for late enrollment for Federal employees who meet certain conditions; and (3) establish statutory definitions for speech language pathologist and audiologists. (Sec. 13473) Provides for uniform coverage of "off-label" drugs used in anti-cancer therapy. Requires a report to specified congressional committees on Medicare coverage of patient care costs associated with clinical trials of new cancer therapies. Subchapter F: Part B Premiums - Duplicates the amendment to the Medicare program made above under subchapter D of chapter 1 of subtitle A of title V of this Act with respect to the monthy Medicare part B premium. Chapter 3: Provisions Relating to Parts A and B -Subchapter A: Elimination of Updates - Amends SSA title XVIII to eliminate updates in payments to hospitals for the direct costs of graduate medical education for cost reporting periods beginning during FY 1994 and 1995. (Sec. 13502) Prohibits the Secretary from providing any update in the cost limits for home health services for cost reporting periods beginning during FY 1994 and 1995. Subchapter B: Medicare Secondary Payer Provisions - Makes amendments similar to those under chapter 2 of subtitle A of title V of this Act with respect to Medicare as secondary payer. Subchapter C: Physician Ownership and Referral - Amends SSA title XVIII to: (1) apply the ban on certain referrals by physicians to all payers, extending it to cover additional specified health services as well as new exceptions; (2) expand current standards used to define a group practice; and (3) provide that Federal law shall not preempt State laws that related to referrals not covered under the ban, or that relate to referrals covered under the ban but are even more restrictive. Subchapter D: Other Provisions - Sets forth measures similar to those under chapters 1 and 2 of subtitle A of title V of this Act with respect to: (1) interest payments on clean claims; (2) payments for erythropoietin; (3) qualified Medicare beneficiary outreach; (4) social health maintenance demonstrations; (5) the second surgical opinion program under SSA title XI; (6) hospice notification; and (7) Medicare capitation payments. (Sec. 13551) Requires the Secretary to redetermine the full-time-equivalent (FTE) resident amount to reflect the amount that would be allowed if the hospital had been liable to pay FICA taxes or make other specified retirement contributions for residents during the base year, but did not make such payments, yet now must do so as a result of OMBRA '90. Amends SSA title XVIII to: (1) provide for adjustments for certain publicly funded family residency programs; (2) extend on a graduated basis to three years (after 1997) the current one-year period following a transplant procedure during which Medicare covers immunosuppressive drug therapy for beneficiaries who have received organ transplants; and (3) provide that user fees imposed under the Clinical Laboratories Improvement Act of 1967 are not subject to the general ban on user fees for determining compliance with any requirement of Medicare. (Sec. 13560) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide that to the extent that appropriations are enacted providing budget authority for Medicare administrative costs above a base level spending in FY 1992 of $1.526 billion, the appropriate discretionary spending limits shall be adjusted to accommodate additional budget authority in FY 1994 and 1995. Chapter 4: Medicare Supplemental Insurance Policies - Amends OMBRA '90 and Medicare to make specified changes to Federal standards respecting the sale and regulation of Medicare supplemental insurance policies. Chapter 5: Treatment of Certain State Health Care Programs - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that: (1) the Hawaii Prepaid Health Care Act will not be preempted by ERISA unless the Secretary of Labor notifies the Governor of Hawaii that certain conditions exist; and (2) State tax laws relating to employee benefit plans will continue to be preempted. Subtitle D: Customs and Trade Provisions - Amends the Tariff Act of 1930 to authorize appropriations for FY 1994 and 1995 for the United States International Trade Commission (ITC). Prohibits use of funds for any special study, requested by the executive branch unless the ITC is reimbursed. (Sec. 13601) Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for FY 1994 and 1995 for the United States Customs Service for noncommercial and commercial operations, and the air and marine interdiction programs. Amends the Trade Act of 1974 to authorize appropriations for FY 1994 and 1995 for the Office of the United States Trade Representative. (Sec. 13602) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to extend the authority of the Secretary of the Treasury to collect customs user fees through September 30, 1998. (Sec. 13603) Amends the Trade Act of 1974 to remove the Union of Soviet Socialist Republics from the list of countries ineligible for designation as a beneficiary developing country under the Generalized System of Preferences (GSP). Extends duty-free treatment provided under the GSP through September 30, 1994. (Sec. 13604) Extends the worker trade adjustment assistance program (trade adjustment assistance benefits for workers adversely affected by import competition or the relocation of U.S. production facilities abroad), and authorization of appropriations, from FY 1993 through FY 1996. (Sec. 13605) Amends the Omnibus Trade and Competitiveness Act of 1988 to extend the authority of the President, for a specified period of time, to enter into trade agreements with foreign countries for the reduction or elimination of tariff or nontariff barriers if the Uruguay Round of multilateral trade negotiations under the General Agreement on Tariffs and Trade (GATT) has not resulted in such trade agreements by May 31, 1993. Provides that implementing bills involving tariff and nontariff trade agreements shall be effective only if, among other things, the President, at least 120 calendar days (currently, 90 days) before he enters into such an agreement, notifies the Congress of his intention and publishes such intention in the Federal Register. Extends congressional "fast track procedures" to such implementing bills through April 16, 1994. (Sec. 13606) Amends the Federal Trade Act of 1974 to eliminate the East-West Trade Statistics Monitoring System. Subtitle E: Customs Officer Pay Reform - Revises the pay system for United States Customs Service inspectors. (Sec. 13701) Amends the Tariff Act of 1930 to prohibit merchandise or passengers from foreign places, or merchandise being transported from one port to another, from being unladen from carrying vehicles during overtime hours (currently, at night). (Sec. 13702) Authorizes cash awards to customs officers for foreign language proficiency. (Sec. 13703) Amends COBRA to provide for reimbursement of appropriations from the Customs User Fee Account for agency retirement contributions. (Sec. 13704) Amends Federal law with regard to the treatment of certain pay of customs officers for retirement purposes. (Sec. 13705) Revises COBRA congressional reporting requirements respecting Account reimbursements. Requires additional General Accounting Office reports to the Congress on financing of overtime inspectional services through user fees. Title XIV: Revenue Provisions - Revenue Reconciliation Act of 1993 - Subtitle A: Training and Investment Incentives - Part I: Provisions Relating to Education and Training - Makes permanent after June 30, 1992: (1) the tax exclusion of employer-provided educational assistance; and (2) the targeted jobs credit. Allows the use of the targeted jobs credit, with limitations, for the hiring of a qualified participant in an approved school-to-work program. Part II: Investment Incentives - Subpart A: Research Credit - Makes permanent the credit for increasing research activities. Modifies the fixed base percentage of such credit for startup companies for taxable years after 1993. Subpart B: Capital Gain Provisions - Allows a taxpayer other than a corporation to exclude from gross income 50 percent of gain from the sale or exchange of qualified small business stock held for more than five years. Set forth rules and limitations for such exclusion. Treats one-half of such exclusion as an item of tax preference for minimum tax purposes. (Sec. 14114) Allows the rollover of gain from the sale of publicly traded securities into specialized small business investment companies. Subpart C: Modifications to Minimum Tax Depreciation Rules - Modifies the method of determining the depreciation deduction for certain personal property placed in service after 1993. Eliminates the depreciation adjustment for computing adjusted current earnings for such property. Subpart D: Increase in Expense Treatment for Small Business - Increases the dollar limitation on the election to expense certain depreciable small business assets. Part III: Tax-Exempt Bond Provisions - Provides a complete tax exemption (currently a 75 percent tax exemption) for bonds used to finance high-speed intercity rail facilities. (Sec. 14122) Permanently extends the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property. Part IV: Expansion and Simplification of Earned Income Tax Credit - Repeals certain interaction rules with respect to the medical expense deduction, the deduction for health insurance, and the dependent care credit. Revises credit and phaseout percentages for 1994. Part V: Incentives for Investment in Real Estate - Subpart A: Extension of Qualified Mortgage Bonds and Low-Income Housing Credit - Makes permanent: (1) the authority to issue qualified mortgage bonds and qualified mortgage credit certificates; and (2) the low-income housing credit. (Sec. 14142) Provides that assistance under the HOME Investment Partnerships Act should not result in certain buildings being federally subsidized. Subpart B: Modification of Passive Loss Rules - Provides for the treatment of rental real estate activities under the limitations on losses from passive activities. Subpart C: Provisions Relating to Real Estate Investments by Pension Funds - Modifies exceptions to the exclusion of real property acquired by a qualified organization from the meaning of acquisition indebtedness. Makes certain exceptions inapplicable to sales out of foreclosure by a financial institution. (Sec. 14145) Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. (Sec. 14146) Permits a tax-exempt title-holding company to receive unrelated business taxable income if the unrelated income is incidentally derived from the holding of real property. (Sec. 14147) Excludes from unrelated business taxable income: (1) gains from the sale, exchange, or other disposition of real property acquired from financial institutions that are in conservatorship or receivership; and (2) loan commitment fees and certain option premiums. Provides for the tax treatment of pension fund investments in real estate investment trusts. Subpart D: Discharge of Indebtedness - Excludes from gross income the income from the discharge of qualified real property business indebtedness. Subpart E: Increase in Recovery Period for Nonresidential Real Property - Increases the depreciation recovery period for nonresidential real property. Part VI: Luxury Tax - Repeals the luxury excise tax on boats, aircraft, jewelry, and furs. (Sec. 14162) Modifies the luxury excise tax on automobiles to index the threshold for inflation occurring after 1990 and make such tax applicable to the first retail sale. Exempts from the luxury excise tax parts for accessories installed for use of passenger vehicles by disabled individuals. (Sec. 14163) Extends the current diesel fuel excise tax to diesel fuel used by noncommercial motorboats. Retains such taxes in the General Fund of the Treasury. Part VII: Other Changes - Repeals the tax preferences for the appreciated property charitable deduction. Disallows an adjustment related to the earnings and profits effects of any charitable contribution from being made in computing adjusted current earnings. (Sec. 14171) Requires Secretary of the Treasury to report to specified congressional committees on the development of a procedure for taxpayers to seek an agreement with the Secretary on the value of tangible personal property prior to the donation of such property to a qualifying charitable organization. (Sec. 14172) Amends the Railroad Retirement Solvency Act of 1983 to make permanent the treatment of certain railroad retirement benefits as received under employer plans. (Sec. 14173) Provides for the temporary extension of the deduction of health insurance costs of self-employed individuals. Subtitle B: Revenue Increases - Part I: Provisions Affecting Individuals- Subpart A: Rate Increases - Lowers the tax rates for certain taxpayers and increases the tax rate for certain higher incomes. Imposes a surtax on certain higher incomes. (Sec. 14203) Increases the tentative minimum tax for taxpayers other than corporations. (Sec. 14204) Makes permanent the overall limitation on itemized deductions and the phaseout of personal exemptions for high-income taxpayers. (Sec. 14206) Sets forth provisions to prevent the conversion of ordinary income to capital gain in certain financial transactions. Repeals certain exeptions to market discount rules. Provides for the treatment of purchases of stripped preferred stock after April 30, 1993. Revises methods of: (1) computing the limitation on the deductibility of investment interest; and (2) determining substantial appreciation of partnership inventory items. Subpart B: Other Provisions - Repeals the limitation on the amount of wages subject to the health insurance employment tax. (Sec. 14208) Increases and makes permanent the highest estate and gift tax rate. (Sec. 14209) Reduces the deduction for business meals and entertainment expenses. (Sec. 14210) Disallows a tax deduction for social club membership dues, except for employee recreational expenses. (Sec. 14211) Disallows a deduction as a trade or business expense remuneration to certain employees in excess of $1 million. (Sec. 14212) Reduces the compensation taken into account in determining contributions and benefits under qualified retirement plans. (Sec. 14213) Removes qualified residence sales, purchases, or leases and meals from the deduction for moving expenses. (Sec. 14214) Revises the limitation on using the preceding year's tax to calculate an individual's estimated tax payments. (Sec. 14215) Increases the amount of social security and tier 1 railroad retirement benefits to be included in the gross income of certain taxpayers. Part II: Provisions Affecting Business - Increases the tax rate for corporate income in excess of $10 million and the tax rate on personal service corporations. (Sec. 14222) Denies a tax deduction for lobbying expenses. Subjects lobbying organizations to special reporting requirements. (Sec. 14223) Requires any security which is inventory in the hands of the dealer to be included in inventory at its fair market value. Requires any dealer in securities that holds any security which is not in inventory at the close of any taxable year to: (1) recognize gain or loss as if the security were sold on the last business day of the taxable year; and (2) take into account any such gain or loss for such year (the mark-to-market requirement). (Sec. 14224) Requires taking into account: (1) certain Federal Savings and Loan Insurance Corporation (FSLIC) assistance as compensation for loss; and (2) FSLIC assistance for any debt for determining whether such debt is worthless and the amount of any addition to a reserve for bad debts. (Sec. 14225) Increases the required annual payment for corporations that fail to pay estimated income tax. Modifies the periods for applying such annualization. (Sec. 14226) Limits the Puerto Rico and possession tax credit to 60 percent of the possession corporation's qualified possession wages. (Sec. 14227) Modifies the limitation on corporate deductions for interest paid to related persons to take into account disqualified guarantees of indebtedness and the imposition of a gross basis tax. Part III: Foreign Tax Provisions - Subpart A: Current Taxation of Certain Earnings of Controlled Foreign Corporations - Requires U.S. shareholders of controlled foreign corporations to include in gross income a pro rata share of the corporation's excess passive assets. Modifies the rule on taxation of investment in U.S. property and takes into account excessive passive assets. Requires a report on investments by controlled foreign corporations in U.S property. (Sec. 14233) Excepts from foreign personal holding income dividends attributable to earnings and profits of the distributing corporation accumulated during any period which the person receiving such dividend did not hold such stock. Requires the establishment of an excess limitation account by taxpayers who receive foreign tax credits in a year they receive previously taxed earnings and profits. Subpart B: Allocation of Research and Experimental Expenditures - Reduces the amount allowed as allocation and apportionment of research and experimental expenditures from sources within the United States. Subpart C: Other Provisions - (Sec. 14235) Excludes passive dividends or interest income from foreign oil and gas income. (Sec. 14236) Modifies accuracy-related penalties for tax underpayments. (Sec. 14237) Denies the inclusion of certain contingent interest in the exemption for portfolio interest for nonresident aliens. (Sec. 14238) Authorizes the Secretary of the Treasury to prescribe regulations recharacterizing any multiple-party financing transaction as a transaction directly among any two or more of such parties when appropriate to prevent tax avoidance. Part IV: Energy Tax Provisions - Subpart A: Energy Tax Based on Btu Content - Imposes an excise tax on the following energy products: (1) taxable refined petroleum products removed from a U.S. refinery or terminal entered into the United States for consumption, use, or warehousing, and sold to a nonregistered person; (2) natural gas removed from any U.S. pipeline, entered into the United States for consumption, use, or warehousing, and entered into any nonregistered pipeline; (3) coal received at any facility for use as a fuel at such facility; and (4) the sale of electricity to ultimate users in the United States and the use of electricity which was not subject to such tax. Bases the rate of tax on such products on the applicable Btu factor and content. (Sec. 14241) Provides for refunding certain amounts to ultimate vendors of petroleum used for heating oil and international commercial transportation. Repays certain sums to persons who use petroleum to produce calcined coke. Provides excise tax exemptions for certain uses. Refunds the tax paid by certain users of methane recovered from biomass or coal mining. Imposes a tax on the use of any fossil fuel: (1) in the manufacture or production of a fuel other than at a U.S. refinery; or (2) as a fuel. Imposes a tax on floor stock of taxable fuels held on the date of the tax increase. Allows a credit against such tax. Provides for such tax increases to begin July 1, 1994. Imposes a Btu tax on certain imported products that contain significant levels of direct energy inputs that would be taxable if the products were manufactured in the United States. Imposes a penalty on persons who sell dyed fuel for taxable uses. Subpart B: Modifications to Tax on Diesel Fuel - Imposes an excise tax on diesel fuel. Exempts from such tax diesel fuel: (1) used by trains and intercity, local, or school buses; and (2) which is dyed or marked in accordance in regulations. (Sec. 14242) Provides that the Airport and Airway Trust Fund financing rate does not apply to aviation fuel sold by a producer or importer for use by the purchaser in a nontaxable use. Imposes a civil penalty on persons who use reduced-rate fuel for a taxable use. (Sec. 14243) Imposes a floor stocks tax on any person holding diesel fuel April 1, 1994. Subpart C: Extension of Motor Fuel Tax Rates; Increased Deposits Into Highway Trust Fund - Increases the tax on gasoline and diesel fuels for purposes of the Highway Trust Fund financing rate. Increases the amount to be transferred to the Mass Transit Account from such Fund. Part V: Compliance Provisions - Requires information reporting on payments to corporations for services. (Sec. 14252) Modifies provisions concerning substantial understatement and return-preparer penalties to allow reasonable cause exceptions. (Sec. 14253) Requires certain financial entities (including the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, and the National Credit Union Administration, and their successors or subunits) to file information returns regarding discharges of indebtedness of $600 or more. Part VI: Treatment of Intangibles - Allows an amortization deduction with respect to certain intangible property, including goodwill, that is acquired and held by a taxpayer in connection with the conduct of a trade or business or an activity engaged in for the production of income. Part VII: Miscellaneous Provisions - Establishes substantiation requirements for charitable contributions of $750 or more. (Sec. 14272) Sets forth disclosure requirements for an organization that receives a quid pro quo contribution (payment made partly as a contribution and partly in consideration for goods or services provided to the payor by the donee organization). Imposes a penalty for failure to make such disclosure. (Sec. 14273) Expands the 45-day interest-free period for refunding tax overpayments to all returns, amended returns, and claims for refunds. Provides that if interest is not refunded within 45 days after the taxpayer files an amended return or claim for refund, interest will be paid only for periods after the date on which the return or claim is filed. (Sec. 14274) Denies the business travel expense deduction for spouses, dependents, or others. (Sec. 14275) Increases the withholding rate for supplemental wage payments. Subtitle C: Empowerment Zones and Enterprise Communities - Part I: Empowerment Zones and Enterprise Communities, Etc. - Provides for the designation of 100 tax enterprise communities and ten enpowerment zones between 1993 and 1996: (1) by the Secretary of Housing and Urban Development for urban areas; (2) by the Secretary of Agriculture for rural areas; and (3) by the Secretary of the Interior for Indian reservations. (Sec. 14301) Sets forth eligibility criteria. Makes certain buildings in such communities or zones eligible for the low-income housing credit applicable to buildings in high-cost areas. Provides for the issuance of enterprise zone facility bonds in enterprise communities and enpowerment zones in a manner similar to exempt facility bonds. Excludes enterprise zone facility bonds from the interest deduction limitations on financial institutions. Provides States an additional housing credit ceiling for each zone and community through 1996. Allows a limited empowerment zone employment credit to employers for a percentage of qualified zone wages paid during calendar years 1994 through 2004. Allows businesses a zone resident empowerment savings credit of 50 percent of the qualified savings contributions made by an employer to a defined contribution plan on behalf of a zone employee. Limits the credit amount based on the employee's compensation. Increases the limitation on expensing certain depreciable business assets. Increases the volume cap applicable to enterprise zone facility bonds if the business owners meet specified ownership requirements with regard to abiding in such zones. (Sec. 14302) Allows use of the targeted jobs credit for hiring empowerment zone residents. Part II: Credit for Contributions to Certain Community Development Corporations - Allows a general business tax credit for contributions to selected community development corporations for low-income individuals who are residents of the operational area of the community. Subtitle D: Other Provisions - Part I: Disclosure Provisions - Extends the authority to disclose tax return information to the Department of Veterans Affairs through September 30, 1998. (Sec. 14402) Authorizes the disclosure of certain tax return information to the Department of Education to implement the direct student loan program and to the Department of Housing for income verification. Part II: User Fee Provisions - Requires establishment of a program requiring the payment of user fees for the processing of applications for certificates of alcohol label approval and exemption, formula reviews, and statements of process (including laboratory tests). (Sec. 14412) Removes authority to use the Harbor Maintenance Trust Fund for administrative expenses of certain customs fee collections. (Sec. 14413) Increases the tax on fuel used on commercial transportation on inland waterways. Part III: Public Debt Limit - Increases the public debt limit and repeals the temporary limit on such increase. Part IV: Vaccine Provisions - Makes permanent: (1) the excise tax on certain vaccines; and (2) the authority to pay compensation from the Vaccine Trust Fund under the National Vaccine Injury Compensation Program for certain damages resulting from vaccines administered after September 30, 1988. Directs the Secretary of the Treasury to report to specified congressional committees on uses of such Fund. (Sec. 14431) Imposes a floor stocks tax on taxable vaccines. (Sec. 14432) Requires contribution coverage under group health plans of the costs of pediatric vaccines. (Sec. 14433) Establishes the Childhood Immunization Trust Fund for the entitlement program under the Public Health Service Act.

Bill· HRH.R. 2244 (103rd)referred

Second Supplemental Appropriations Act of 1993

United States · United States Congress · 24 May 1993

TABLE OF CONTENTS: Title I: Supplemental Appropriations Title II: Rescissions Title III: General Provisions Second Supplemental Appropriations Act of 1993 - Title I: Supplemental Appropriations - Makes supplemental appropriations available to: (1) the Employment and Training Administration of the Department of Labor; (2) the Environmental Protection Agency for construction grants; (3) the Farmers Home Administration of the Department of Agriculture; (4) the Office of Justice Programs of the Department of Justice; (5) the Federal Railroad Administration of the Department of Transportation; and (6) the Small Business Administration through a fund transfer. Title II: Rescissions - Rescinds specified appropriations made to: (1) the Department of Agriculture for the Farmers Home Administration; (2) the Department of Commerce for the Economic Development Administration and the National Oceanic and Atmospheric Administration; (3) the Department of Justice for Office of Justice Programs and the Thomas Jefferson Commemoration Commission; (4) the Department of the Interior for the Bureau of Land Management, the U.S. Fish and Wildlife Service, the National Park Service, and the Office of Navajo and Hopi Indian Relocation; (5) the Department of Labor for the Employment and Training Administration and departmental management; (6) the Department of Education for certain programs; (7) the Department of Transportation for the Coast Guard, the Federal Aviation Administration, and the National Highway Traffic Safety Administration; (8) the Department of the Treasury for the U.S. Customs Administration, the Bureau of the Public Debt, and the Internal Revenue Service; (9) the General Services Administration for the Federal Buildings Fund; (10) the Department of Veterans Affairs for departmental administration; (11) the Department of Housing and Urban Development for certain housing programs; (12) the Environmental Protection Agency for the Hazardous Substance Superfund; and (13) the National Aeronautics and Space Administration for research and development. Title III: General Provisions - Prohibits appropriations in this Act from remaining available for obligation beyond the current fiscal year unless expressly so provided. Restricts the availability of funds for the Community Investment Program until September 30, 1993. Prohibits the use of any funds to pay for the relocation of the Human Nutrition Information Service.

Bill· SS. 989 (103rd)referred

Aviation Industry Revitalization Act of 1993

United States · United States Congress · 19 May 1993

Aviation Industry Revitalization Act of 1993 - Amends the Airport Noise and Capacity Act of 1990 to authorize the Secretary of Transportation to guarantee loans to eligible air carriers to finance their acquisition of new aircraft. Establishes the New Aircraft Guarantee Program Fund consisting of subsidy fees, annual administrative fees, and surcharges paid by the air carriers. Authorizes appropriations.

Bill· HRH.R. 2141 (103rd)open

Ways and Means Budget Reconciliation Act of 1993

United States · United States Congress · 18 May 1993

TABLE OF CONTENTS: Title I: Short Title; References to Omnibus Budget Reconciliation Act of 1993 Titles II-XII: (Reserved) Title XIII: Committee on Ways and Means-Savings Subtitle A: Old-Age, Survivors, and Disability Insurance Program Subtitle D (sic): Customs and Trade Provisions Subtitle E: Customs Officer Pay Reform Subtitle B (sic): Human Resources Amendments Subtitle C: Medicare Program Title XIV: Revenue Provisions Subtitle A: Training and Investment Incentives Subtitle B: Revenue Increases Subtitle C: Empowerment Zones and Enterprise Communities, Etc. Subtitle D: Other Provisions Title I: Short Title; References to Omnibus Budget Reconciliation Act of 1993 - Ways and Means Budget Reconciliation Act of 1993 - Deems any reference in this Act to the Omnibus Budget Reconciliation Act of 1993 to be a reference to the Ways and Means Budget Reconciliation Act of 1993. Titles II-XII: (Reserved) Title XIII: Committee on Ways and Means: Savings - Subtitle A: Old-Age, Survivors and Disability Insurance Program - Amends the Omnibus Budget Reconciliation Act of 1990 (OMBRA '90) to require the Secretary of Health and Human Services (Secretary) to reestablish and maintain in service the same number of telephone lines to each local social security office that were in place on September 30, 1989. (Sec. 13002) Amends the Internal Revenue Code (IRC) and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to raise the threshold at which election services become subject to social security employment taxes. (Sec. 13003) Amends SSA title II to: (1) permit States which already collect social security numbers under current law to use them to eliminate duplicate names and names of convicted felons from jury source lists; (2) extend to all States the option to provide police officers and firefighters participating in a public retirement system with social security coverage under voluntary agreements with the Secretary; (3) disregard the windfall elimination provision in computing any U.S. totalization benefit and the amount of a regular U.S. benefit of an individual who receives a foreign totalization benefit based in part on U.S. employment, and who does not receive any other pension which is based on noncovered employment; (4) provide that military pensions based wholly on service in the military reserves before 1988 shall not trigger application of the Government pension offset or windfall elimination provision to the individual's social security benefits; (5) repeal the facility-of-payment provision; (6) make the guaranteed primary insurance amount the basis for calculating the guaranteed maximum family benefit; (7) make unauthorized disclosure of information and fraudulent attempts to obtain personal information under SSA a felony, and increase penalties for such offenses; (8) increase the time for which an extension may be granted for filing an annual earnings report; (9) permit the Department of Agriculture to share its list of names, social security numbers, and employer identification numbers of the owners and officers of retail grocery stores which redeem food stamps with other Federal agencies for the purpose of investigating food stamp fraud and violations of other Federal laws; (10) prohibit the misuse of Department of the Treasury names, symbols, etc.; (11) prohibit a State from using an individual's social security number in the administration of any driver's license or motor vehicle registration law where the State has not entered into a contract to provide death certificate and related information to the Secretary, or where such a contract restricts the Secretary's use of death information; and (12) require the Secretary to study improvements in gathering and reporting of death information. (Sec. 13005) Exempts from payment liability and penalties any ministers who were American citizens and residents of Canada prior to the 1984 totalization agreement between the United States and Canada and failed to file a tax return or pay self-employment taxes. (Sec. 13010) Amends IRC to: (1) authorize the Secretary of the Treasury to disclose information from tax returns on individuals' mortality status to the Secretary for epidemiological research purposes; (2) provide for the coordination of the collection of domestic service employment taxes with the collection of income taxes; and (3) change threshold requirements with respect to social security employment taxes on domestic services. (Sec. 13015) Requires the Secretary to study the rising costs of disability benefits for a report to the Congress with recommendations for legislative changes. (Sec. 13016) Amends the Social Security Disability Amendments of 1980 to extend the Secretary's authority to conduct disability work incentive demonstration projects. Subtitle D (sic): Customs and Trade Provisions - Amends the Tariff Act of 1930 to authorize appropriations for the United States International Trade Commission (ITC). Prohibits use of such funds for any special study, investigation, or report requested by an agency of the executive branch unless such agency reimburses the ITC for its costs. (Sec. 13601) Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for the United States Customs Service for: (1) noncommercial and commercial operations; and (2) the air and marine interdiction programs. Amends the Trade Act of 1974 to authorize appropriations for the Office of the United States Trade Representative. (Sec. 13602) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to extend the authority of the Secretary of the Treasury to collect customs user fees. (Sec. 13603) Amends the Trade Act of 1974 to remove the Union of Soviet Socialist Republics from the list of countries ineligible for designation as a beneficiary developing country under the Generalized System of Preferences (GSP). Extends duty-free treatment provided under the GSP. (Sec. 13604) Extends the worker trade adjustment assistance program (trade adjustment assistance benefits for workers adversely affected by import competition or the relocation of U.S. production facilities abroad) as well as authorization of appropriations for it. (Sec. 13605) Amends the Omnibus Trade and Competitiveness Act of 1988 to extend the authority of the President, for a specified period of time, to enter into trade agreements with foreign countries for the reduction or elimination of tariff or nontariff barriers if the Uruguay Round of multilateral trade negotiations under the General Agreement on Tariffs and Trade (GATT) has not resulted in such trade agreements by May 31, 1993. Provides that implementing bills involving tariff and nontariff trade agreements shall be effective only if, among other things, the President, at least 120 calendar days (currently, 90 days) before he enters into such agreement, notifies the Congress of his intention to enter into it, and publishes such intention in the Federal Register. Extends congressional "fast track procedures" to such implementing bills through April 16, 1994. (Sec. 13606) Amends the Trade Act of 1974 to eliminate the East-West Trade Statistics Monitoring System. Subtitle E: Customs Officer Pay Reform - Amends Federal law to revise the pay system for United States Customs Service Inspectors (customs inspectors). (Sec. 13702) Authorizes cash awards to customs officers for foreign language proficiency. (Sec. 13703) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to provide for reimbursement of appropriations from the Customs User Fee Account (Account) for agency retirement contributions. (Sec. 13704) Amends Federal law with regard to the treatment of certain pay of customs officers for retirement purposes. (Sec. 13705) Revises COBRA congressional reporting requirements respecting Account reimbursements. Requires additional General Accounting Office reports to the Congress concerning the financing of overtime inspectional services through user fees. Subtitle B: (sic) Human Resources Amendments - Chapter 1: Child Welfare Services, Foster Care, and Adoption Assistance - Amends SSA title IV part B (Child-Welfare Services) to: (1) create a capped entitlement program to provide child welfare services designed to strengthen and preserve families; (2) repeal provisions linking the payment of certain SSA title IV part B funds to the implementation of certain protections for children in foster care; (3) require that the State part B plan provide for the foster care protections currently outlined in such provisions as well as for State review of its procedures in effect for children abandoned at or shortly after birth, as well as enactment of any procedures necessary to enable permanent child placement decisions to be made expeditiously; (4) provide that the funds withheld or recovered from a State owing to its failure to comply with such protections may not be reallotted among other States; (5) require State part B plans to contain a description of the specific measures taken by the State to comply with the Indian Child Welfare Act; and (6) provide for child welfare traineeships. (Sec. 13212) Directs the Secretary to provide grants for State courts to assess and improve proceedings relating to foster care placement and adoption. (Sec. 13216) Amends SSA title IV part E (Foster Care and Adoption Assistance) (FCAA) to: (1) change the reimbursement policy with respect to foster care maintenance payments made on behalf of certain children whose adoption has been set aside by a court or whose voluntary placement in foster care has been judicially determined to be in the best interests of the child; (2) provide for 90 (and later 50) percent matching of State expenditures for planning, design, development, or installation of statewide mechanized data collection and information retrieval systems, and 50 percent matching of State expenditures for operation of the systems; (3) require States to review periodically their foster care maintenance payment and adoption assistance levels to ensure their continuing appropriateness; (4) revise the case review system to provide that hearings after the initial dispositional hearing take place at least every 12 months, rather than periodically; (5) require the health and education records in each child's case plan to include a record that the foster care provider was advised (where appropriate) of the child's eligibility for early and periodic Medicaid screening, diagnostic, and treatment services; (6) provide for the treatment of assets of youths participating in the independent living program; (7) make permanent the authorization for the independent living program; (8) repeal authority to transfer unused foster care funds to the child welfare services program; (9) require the Secretary to promulgate regulations for on-site reviews and audits of State expenditures for foster care maintenance and adoption assistance payments; (10) set forth case plan requirements for children placed in foster care a substantial distance from their homes or in a different State; (11) require the dispositional hearing for a child placed in foster care in a different State to determine whether the out-of-State placement continues to be appropriate and in the child's best interests; (12) require the adoption and foster care data collection system to provide information on the number and characteristics of children placed in foster care outside the State; and (13) codify Federal regulations providing a timetable for the treatment of State claims for foster care and adoption assistance. (Sec. 13218) Directs the Secretary to study and report to the Congress on the ways in which States implement the reasonable efforts requirements for State SSA title IV part E plans. (Sec. 13225) Amends the Omnibus Budget Reconciliation Act of 1989 (OMBRA '89) to extend permanently (and retroactively to October 1, 1992) the level of Federal reimbursement under SSA title IV part E for the training of personnel employed or preparing for employment by the State or local child welfare agency, and for the training of foster and adoptive parents. (Sec. 13227) Amends SSA title XI part A to: (1) bar the Secretary from imposing financial penalties on States for the failure of State programs under SSA title IV parts B and E to comply with State plan requirements, except pursuant to final regulations meeting specified requirements; (2) provide for certain demonstration projects to promote the objectives of such parts; and (3) overturn certain limitations in Suter v. Artist M. on private enforceability of State plan requirements. (Sec. 13232) Prohibits the Secretary: (1) until October 1, 1994, from reducing any payment to, withholding any payments from, or seeking any repayments from any State under SSA title IV parts B or E by reason of a determination in connection with a review of State compliance with SSA title IV part B foster care protections; and (2) from reducing any payments to, withholding any payments from, or seeking any repayments from any State under SSA title IV part E by reason of a determination in connection with any on-site Federal financial review, or any audit conducted by the Inspector General using similar methodologies. (Sec. 13233) Requires the Secretary to make grants to eligible institutions to train individuals to deliver culturally sensitive and bilingual child welfare services in border areas with Mexico. Authorizes appropriations. Chapter 2: Child Support Enforcement - Amends SSA title IV part D (Child Support and Establishment of Paternity) to: (1) set up new paternity establishment performance standards and procedures for State child support enforcement programs; (2) outline State SSA title IV part D plan requirements applicable to health insurers, employers, and State Medicaid agencies with regard to health insurance coverage for children of parents subject to a support order; and (3) require State child support enforcement agencies to periodically report, at no charge, the names of obligors at least two months delinquent in child support payments to bona fide consumer reporting agencies capable of making accurate use of such information. Chapter 3: Supplemental Security Income - Amends SSA title XVI (Supplemental Security Income) (SSI) and other Federal law to: (1) require the Social Security Administration to charge States fees for the Federal cost of administering State supplemental SSI payments; and (2) require the Secretary to charge fees for additional services requested by the State that are beyond the level customarily provided in administering such payments. (Sec. 13252) Amends OMBRA '90 to make permanent the exclusion of State and local relocation assistance from countable income under SSI. (Sec. 13253) Amends SSA title XVI to: (1) deem to be living in a household a spouse or parent of family members on SSI who is absent from the household solely because of active duty military assignment; (2) exclude hazardous duty pay received while on active military duty from countable income; (3) continue SSI benefits to children who are U.S. citizens if they received SSI in the United States and then accompany their parents on military assignment to any U.S. territory or possession; and (4) extend the SSI definition of disability for children under 18 to any person under 18. (Sec. 13257) Amends Federal law to exempt income of up to $2,000 per year received by individual Indians that is derived from leases on individually-owned trust or restricted Indian lands in determining eligibility and benefit levels under AFDC (SSA title IV part A) and SSI. Chapter 4: Aid to Families with Dependent Children - (Sec. 13261) Amends SSA title IV part A to: (1) reduce to 50 percent the enhanced Federal matching available for certain categories of State administrative expenses; (2) make optional a State's verification of an individual's immigration status with the Immigration and Naturalization Service through an immigration status verification system; (3) delay Federal requirements regarding AFDC-UP participation rates; and (4) increase the amount of stepparent earnings disregarded in determining the eligibility and benefit amounts of AFDC recipients and applicants. (Sec. 13263) Amends SSA title IV part F (Job Opportunities and Basic Skills Training Program) (JOBS) to require the Secretary to develop criteria for performance standards in the JOBS program, rather than performance standards themselves, by a certain date. (Sec. 13264) States that the Congress hereby declares that: (1) it is the policy and responsibility of the Federal Government to reduce the rate and degree to which families depend on income from welfare programs, to assist them toward self-sufficiency, and to increase the living standards of low-income families; and (2) the Federal Government should help welfare recipients as well as individuals at risk of welfare participation to improve their education and job skills, to obtain access to high quality child care and other necessary support services, and to take such other steps as may assist them to meet their responsibilities to become financially independent. Directs the Secretary to develop welfare participation measures and predictors, and report annually on welfare participation to specified congressional committees. Establishes the Advisory Board on Welfare Participation to assist the Secretary in the development of such measures and predictors. (Sec. 13265) Directs the Secretary to provide for a demonstration project offering low-income residents of Milwaukee, Wisconsin, employment, wage supplements, health and child care, and counseling and training for job retention or advancement. (Sec. 13266) Amends the Family Support Act of 1988 to: (1) delay the requirement for implementation of the Unemployed Parent program in Puerto Rico, Guam, the Virgin Islands, and American Soma until the limitations on Federal matching payments to these jurisdictions with respect to AFDC and FCAA maintenance payments are repealed; and (2) extend the authorization for early childhood development projects. (Sec. 13269) Amends the Omnibus Budget Reconciliation Act of 1987 (OMBRA '87) to extend New York State's Child Assistance Program demonstration. (Sec. 13267) Amends SSA title XI to provide that, with respect to AFDC, one adult member of a family or household may sign, under penalty of perjury, a declaration attesting to the citizenship or satisfactory immigration status of other family or household members. Permits an adult to sign a declaration on behalf of a newly born child no later than the next eligibility redetermination date. Chapter 5: Unemployment Insurance - Amends IRC and SSA title III (Unemployment Compensation) to provide for the treatment of short-time compensation programs under which individuals whose workweeks have been reduced by at least ten percent (especially as an alternative to a temporary layoff) are eligible for unemployment compensation, under certain conditions. (Sec. 13275) Amends the Federal-State Extended Unemployment Compensation Act of 1970 to increase the reimbursement rate and repeal special eligibility requirements under the extended unemployment program. (Sec. 13276) Amends IRC to: (1) extend the current Federal unemployment tax rate; and (2) require disclosure of information about certain taxes to the Railroad Retirement Board for purposes of its administration of the Railroad Retirement and Railroad Unemployment Insurance Acts. Chapter 6: Technical Provisions - Makes technical corrections related to the income security and human resources provisions of OMBRAs '89 and '90. (Sec. 13283) Amends SSA title XVI to repeal certain obsolete provisions relating to treatment of the earned income tax credit. Subtitle C: Medicare Program - Chapter 1: Provisions Relating to Part A - Subchapter A: Elimination of Inflation Update for Services Provided under Part A: - Amends SSA title XVIII (Medicare) to eliminate updates for inpatient hospital services and hospice care under Medicare part A in FY 1994 and 1995. (Sec. 13402) Prohibits the Secretary from applying an update factor to the cost limits for skilled nursing facility cost reporting periods beginning in FY 1994 and 1995. Subchapter B: Other Provisions Relating to Part A - Amends SSA title XVIII to: (1) provide that a change in classification of hospitals from one area to another cannot result in a reduction in the wage index for an urban area if the area has a wage index below the rural wage index for the State or if the area is the only urban area in a State with no rural areas; (2) change certain requirements with respect to the standards for designating metropolitan statistical areas that are used in determining treatment of certain hospitals in rural counties adjacent to one or more urban areas; (3) require the Secretary to phase out payments for day outlier cases starting in FY 1995; (4) revise and authorize appropriations for the Essential Access Community Hospital (EACH) demonstration program; (5) provide for a prospective payment system for determining payments for outpatient rural primary care hospital services; (6) continue special payments for Medicare-dependent, small rural hospitals for discharges occurring through FY 1994, with reduced payments for certain discharges; (7) extend the regional floor provision with respect to certain hospital discharges the payment for which is set at 85 percent of the national amount and 15 percent of the regional amount; (8) allow to participate in Medicare hospitals where the care of patients receiving qualified psychologist services is under a clinical psychologist; (9) provide for additional medical education payments for interns and residents providing services at a community heath center under a hospital's ownership or control; (10) require skilled nursing facilities to inform beneficiaries of the hospice benefit under Medicare, except under certain conditions; (11) reduce the part A premium, on a phase-in basis, for individuals with 30 or more quarters of social security coverage (and their spouses); (12) require the Secretary to update periodically the salary equivalency guidelines for physical therapy and respiratory therapy services using the most recent available data; and (13) provide that diagnosis-related group (DRG) window provisions will not apply to hospitals that are not paid on a DRG basis. (Sec. 13414) Amends OMBRA '87 to: (1) reauthorize and extend the rural health transition grant program; and (2) provide that all hospitals classified as regional referral centers on September 30, 1992, shall retain such status through FY 1994. (Sec. 13415) Requires the Secretary to: (1) make a lump sum retroactive payment to any such hospital for payments lost as a result of the loss of its regional referral center status; and (2) provide any hospital which fails to qualify as a rural referral center as a result of its urban reclassification with the opportunity to decline such reclassification and retain rural referral center status. (Sec. 13418) Amends OMBRA '90 to require the Secretary to continue limited-service rural hospital demonstration projects through calendar 1995. (Sec. 13419) Amends OMBRA' 89 to extend the hemophilia pass-through program. (Sec. 13420) Declares that, in the case of a State with a Medicare-approved payment system, no other provision of law shall be construed as preventing the system from providing that payment for covered services be made on the basis of rates provided for under such system. (Sec. 13423) Prohibits the Secretary from taking action to recover certain amounts paid by Medicare to uniformed services treatment facilities in Boston, Baltimore, and Seattle for services that were provided between October 1, 1986, and December 31, 1989, except to the extent that funds are made available for that purpose under the Department of Defense Appropriations Act, 1993. Requires a study and report to the Congress by the Secretary on establishment of joint medical facilities among the Department of Defense, the Department of Veterans Affairs, and other public and private entities. (Sec. 13424) Requires the Secretary to: (1) review ]the DRGs assigned to discharges of patients with intractable epilepsy; (2) revise, for discharges occurring on or after October 1, 1994, the assignment of discharges to such groups as the Secretary considers appropriate to account for the resource requirements of such patients; and (3) begin collecting the data necessary to compute a skilled nursing facility wage index adjustment to the routine service cost limits required under Medicare. Requires the Prospective Payment Assessment Commission to study and report to the Congress on the impact of applying routine per diem cost limits for skilled nursing facilities on a regional basis. (Sec. 13429) Allows hospitals that have been reclassified from urban to rural as a result of revisions to metropolitan statistical area definitions issued by the Office of Management and Budget on December 28, 1992, to apply to the Medicare Geographic Classification Review Board for reclassification in FY 1994. Chapter 2: Provisions Relating to Part B: Subchapter A: Elimination of Inflation Update - Amends SSA title XVIII part B to eliminate the inflation update for physician and related professional services and other specified items and services. (Sec. 13432) Freezes payments for enteral and parenteral nutrients, supplies and equipment, rural health clinic, federally-qualified health center, and comprehensive outpatient rehabilitation facility services, dialysis services, and other part B items and services. Subchapter B: Physicians' Services - Amends SSA title XVIII part B to: (1) repeal the OMBRA '90 prohibition on separate payments for EKG interpretations; (2) repeal the reductions in payments to new physicians and practitioners; (3) prohibit the Secretary from changing the methodology in effect as of January 1, 1992, for calculating anesthesia time in the fee schedules for anesthesia services; (4) revise requirements with respect to geographic adjustment factors and beneficiary liability for amounts billed above the limiting charge; (5) require pre-payment screening by carriers of unassigned claims submitted by nonparticipating physicians; (6) require the Explanation of Benefits form to contain information on amounts billed in excess of the applicable limiting charge; (7) specify the practitioners who may only bill for services on an assignment-related basis; (8) include antigens prepared by a physician on the physician fee schedule; (9) prohibit the imposition of user fees in specified circumstances in the administration of claims relating to physicians' services; and (10) specify the conditions under which the Secretary can recognize substitute billing arrangements between two physicians. (Sec. 13444) Requires the Secretary to: (1) study and report to specified congressional committees on the data necessary to review and revise geographic indices; and (2) review and revise such indices and the geographic index values applied for all fee schedule areas by a certain date. Requires the Physician Payment Review Commission to conduct a study to develop criteria for use in redefining the localities used within States for adjusting physicians' fees. (Sec. 13446) Requires the Secretary to: (1) fully develop, by not later than July 1, 1994, relative values for the full range of pediatric physicians' services; and (2) study and report to the Congress on the relative values for pediatric and other services. Subchapter C: Ambulatory Surgical Center Services - Amends SSA title XVIII to extend special payment rates for certain eye or eye and ear hospitals to any hospital that otherwise meets current law criteria but, on October 1, 1987, operated as a physically separate or distinct eye or ear unit of a general acute care hospital which has since disposed of a substantial portion of its other acute care operations. (Sec. 13452) Amends OMBRA '90 to extend the cap on payments for intraocular lenses through 1994. Requires the Secretary to study and report to the Congress on the costs to providers of intraocular lenses provided to individuals enrolled under Medicare part B. Subchapter D: Durable Medical Equipment - Amends SSA title XVIII to: (1) remove aspirators and nebulizers from the category of durable medical equipment (DME) items requiring frequent and substantial servicing; (2) specifically provide for payment of accessories relating to aspirators and nebulizers; (3) set forth requirements which suppliers of medical equipment and supplies must satisfy in order to qualify for Medicare reimbursement; (4) require the Secretary to develop standardized certificates of medical necessity forms for use in documenting the medical necessity of DME items and supplies; (5) require DME suppliers to submit claims to the carrier having jurisdiction over the geographic area that includes the permanent residence of the patient to whom the item is furnished; (6) place restrictions on certain marketing and sales practices by DME suppliers; (7) specify the circumstances under which Medicare beneficiaries are not financially liable for covered items and services furnished by a supplier on an unassigned basis; (8) address adjustments made to final DME payment amounts for inherent reasonableness generally and require adjustments for certain items where the final payment amounts are found reasonable; and (9) subject ostomy supplies, tracheostomy supplies, and urologicals to national payment limits. Subchapter E: Other Provisions - Amends SSA title XVIII to: (1) freeze at the 1992 level the conversion factor used to determine payments to medically directed certified registered nurse anesthetists; (2) provide that in subsequent years such factor shall be the previous year's conversion factor increased by the update for physician anesthesia services for that year; (3) provide for Medicare coverage of oral cancer drugs, under certain conditions; (4) provide for uniform coverage of "off-label" anti-cancer drugs; (5) cap the part B premium penalty for late enrollment for Federal employees who meet certain conditions; (6) authorize the Secretary to enter into agreements with States to allow them to pay the late enrollment premium increases of eligible individuals; (7) establish statutory definitions for speech-language pathologists and audiologists consistent with current coverage guidelines; and (8) provide for the treatment of certain Indian health programs and facilities as federally-qualified health centers. (Sec. 13473) Requires a study and report to specified congressional committees by the Secretary on Medicare coverage of patient care costs associated with clinical trials of new cancer therapies. (Sec. 13476) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend municipal health service demonstration projects. Subchapter F: Part B Premium - Amends SSA title XVIII to extend current law provisions for establishing the monthly Medicare part B premium for beneficiaries enrolled in Medicare. Chapter 3: Provisions Relating to Parts A and B - Subchapter A: Elimination of Updates - Amends SSA title XVIII to eliminate updates in payments to hospitals for the direct costs of graduate medical education for cost reporting periods beginning during FY 1994 and 1995. (Sec. 13502) Prohibits the Secretary from providing any update in the cost limits for home health services for cost reporting periods beginning during FY 1994 and 1995. Subchapter B: Medicare Secondary Payer Provisions - Specifies numerous changes with regard to Medicare as secondary payor. Subchapter C: Physician Ownership and Referral - Amends SSA title XVIII to: (1) apply the ban on certain referrals by physicians to all payers, extending it to cover additional specified health services as well as new exceptions; (2) expand current standards used to define a group practice; and (3) provide that Federal law shall not preempt State laws that relate to referrals not covered under the ban, or that relate to referrals covered under the ban but are even more restrictive. Subchapter D: Other Provisions - Requires the Secretary to: (1) redetermine the full-time-equivalent (FTE) resident amount to reflect the amount that would be allowed if the hospital had been liable to pay FICA taxes or make other specified retirement contributions for residents during the base year, but did not make such payments, yet now must do so as a result of OMBRA '90; and (2) establish outreach to Medicare beneficiaries who may qualify for Medicaid payment of their out-of-pocket Medicare expenses. (Sec. 13551) Amends SSA title XVIII to: (1) reduce payments for erythropoientin; (2) require home health agencies to inform Medicare beneficiaries of their entitlement to hospice care under Medicare; (3) provide for interest payments to be made on clean claims if payment is not made within 30 days of receipt; (4) provide for adjustment in Medicare capitation payments to account for regional variations in application of Medicare secondary payer provisions; (5) provide for adjustments for certain publicly- funded family practice residency programs; (6) extend on a graduated basis to three years (after 1997) the current one-year period following a transplant procedure during which Medicare covers immunosuppressive drug therapy for beneficiaries who have received organ transplants; and (7) provide that user fees imposed under the Clinical Laboratories Improvement Act of 1967 are not subject to the general ban on user fees for determining compliance with any requirement of Medicare. (Sec. 13555) Amends OMBRA '87 and the Deficit Reduction Act of 1984 to: (1) extend social health maintenance organization demonstration projects for an additional two years; and (2) permit one of the projects to enroll Medicare end-stage renal disease beneficiaries. Increases the limit on the number of individuals who pay participate in such projects. (Sec. 13558) Amends SSA title XI to repeal the requirement that peer review organizations precertify selected surgical procedures. (Sec. 13560) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide that to the extent that appropriations are enacted providing budget authority for Medicare administrative costs above a base level of spending in FY 1992 of $1.526 billion, the appropriate discretionary spending limits shall be adjusted to accommodate additional budget authority in FY 1994 and 1995. Chapter 4: Medicare Supplemental Insurance Policies - Amends OMBRA '90 and Medicare to make specified changes to Federal standards respecting the sale and regulation of Medicare supplemental insurance policies. Chapter 5: Treatment of Certain State Health Care Programs - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that: (1) the Hawaii Prepaid Health Care Act will not be preempted by ERISA unless the Secretary of Labor notifies the Governor of Hawaii that, as a result of any amendment to such Act, the proportion of the population covered would be less than the current proportion or the level of coverage would be less than the actuarial equivalent of the current level of coverage; and (2) State tax laws relating to employee benefit plans will continue to be preempted. Title XIV: Revenue Provisions - Revenue Reconciliation Act of 1993 - Subtitle A: Training and Investment Incentives - Part I: Provisions Relating to Education and Training - Makes permanent after June 30, 1992: (1) the tax exclusion of employer-provided educational assistance; and (2) the targeted jobs credit. Allows the use of the targeted jobs credit, with limitations, for the hiring of a qualified participant in an approved school-to-work program. Part II: Investment Incentives - Subpart A: Research Credit - Makes permanent the credit for increasing research activities. Modifies the fixed base percentage of such credit for startup companies for taxable years after 1993. Subpart B: Capital Gain Provisions - Allows a taxpayer other than a corporation to exclude from gross income 50 percent of gain from the sale or exchange of qualified small business stock held for more than five years. Set forth rules and limitations for such exclusion. Treats one-half of such exclusion as an item of tax preference for minimum tax purposes. (Sec. 14114) Allows the rollover of gain from the sale of publicly traded securities into specialized small business investment companies. Subpart C: Modifications to Minimum Tax Depreciation Rules - Modifies the method of determining the depreciation deduction for certain personal property placed in service after 1993. Eliminates the depreciation adjustment for computing adjusted current earnings for such property. Subpart D: Increase in Expense Treatment for Small Business - Increases the dollar limitation on the election to expense certain depreciable small business assets. Part III: Tax-Exempt Bond Provisions - Provides a complete tax exemption (currently a 75 percent tax exemption) for bonds used to finance high-speed intercity rail facilities. (Sec. 14122) Permanently extends the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property. Part IV: Expansion and Simplification of Earned Income Tax Credit - Repeals certain interaction rules with respect to the medical expense deduction, the deduction for health insurance, and the dependent care credit. Revises credit and phaseout percentages for 1994. Part V: Incentives for Investment in Real Estate - Subpart A: Extension of Qualified Mortgage Bonds and Low-Income Housing Credit - Makes permanent: (1) the authority to issue qualified mortgage bonds and qualified mortgage credit certificates; and (2) the low-income housing credit. (Sec. 14142) Provides that assistance under the HOME Investment Partnerships Act should not result in certain buildings being federally subsidized. Subpart B: Modification of Passive Loss Rules - Provides for the treatment of rental real estate activities under the limitations on losses from passive activities. Subpart C: Provisions Relating to Real Estate Investments by Pension Funds - Modifies exceptions to the exclusion of real property acquired by a qualified organization from the meaning of acquisition indebtedness. Makes certain exceptions inapplicable to sales out of foreclosure by a financial institution. (Sec. 14145) Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. (Sec. 14146) Permits a tax-exempt title-holding company to receive unrelated business taxable income if the unrelated income is incidentally derived from the holding of real property. (Sec. 14147) Excludes from unrelated business taxable income: (1) gains from the sale, exchange or other disposition of real property acquired from financial institutions that are in conservatorship or receivership; and (2) loan commitment fees and certain option premiums. Provides for the tax treatment of pension fund investments in real estate investment trusts. Subpart D: Discharge of Indebtedness - Excludes from gross income the income from the discharge of qualified real property business indebtedness. Subpart E: Increase in Recovery Period for Nonresidential Real Property - Increases the depreciation recovery period for nonresidential real property. Part VI: Luxury Tax - Repeals the luxury excise tax on boats, aircraft, jewelry, and furs. (Sec. 14162) Modifies the luxury excise tax on automobiles to index the threshold for inflation occurring after 1990 and make such tax applicable to the first retail sale. Exempts from the luxury excise tax parts for accessories installed for use of passenger vehicles by disabled individuals. (Sec. 14163) Extends the current diesel fuel excise tax to diesel fuel used by noncommercial motorboats. Retains such taxes in the General Fund of the Treasury. Part VII: Other Changes - Repeals the tax preference for the appreciated property charitable deduction. Disallows an adjustment related to the earnings and profits effects of any charitable contribution from being made in computing adjusted current earnings. Requires the Secretary of the Treasury to report to specified congressional committees on the development of a procedure for taxpayers to seek an agreement with the Secretary on the value of tangible personal property prior to the donation of such property to a qualifying charitable organization. (Sec. 14172) Amends the Railroad Retirement Solvency Act of 1983 to make permanent the treatment of certain railroad retirement benefits as received under employer plans. (Sec. 14173) Provides for the temporary extension of the deduction of health insurance costs of self-employed individuals. Subtitle B: Revenue Increases - Part I: Provisions Affecting Individuals- Subpart A: Rate Increases - Lowers the tax rates for certain taxpayers and increases the tax rate for certain higher incomes. Imposes a surtax on certain higher incomes. (Sec. 14203) Increases the tentative minimum tax for taxpayers other than corporations. (Sec. 14204) Makes permanent the overall limitation on itemized deductions and the phaseout of personal exemptions for high-income taxpayers. (Sec. 14206) Sets forth provisions to prevent the conversion of ordinary income to capital gain in certain financial transactions. Repeals certain exceptions to market discount rules. Provides for the treatment of purchases of stripped preferred stock after April 30, 1993. Revises the methods of: (1) computing the limitation on the deductibility of investment interest; and (2) determining substantial appreciation of partnership inventory items. Subpart B: Other Provisions - Repeals the limitation on the amount of wages subject to the health insurance employment tax. (Sec. 14208) Increases and makes permanent the highest estate and gift tax rate. (Sec. 14209) Reduces the deduction for business meals and entertainment expenses. (Sec. 14210) Disallows a tax deduction for social club membership dues, except for employee recreational expenses. (Sec. 14211) Disallows a deduction as a trade or business expense remuneration to certain employees in excess of $1 million. (Sec. 14212) Reduces the compensation taken into account in determining contributions and benefits under qualified retirement plans. (Sec. 14213) Removes qualified residence sales, purchases, or leases and meals from the deduction for moving expenses. (Sec. 14214) Revises the limitation on using the preceding year's tax to calculate an individual's estimated tax payments. (Sec. 14215) Increases the amount of social security and tier 1 railroad retirement benefits to be included in the gross income of certain taxpayers. Part II: Provisions Affecting Business - Increases the tax rate for corporate income in excess of $10 million and the tax rate on personal service corporations. (Sec. 14222) Denies a tax deduction for lobbying expenses. Subjects lobbying organizations to special reporting requirements. (Sec. 14223) Requires any security which is inventory in the hands of the dealer to be included in inventory at its fair market value. Requires any dealer in securities that holds any security which is not in inventory at the close of any taxable year to: (1) recognize gain or loss as if the security were sold on the last business day of the taxable year; and (2) take into account any such gain or loss for such year (the mark-to-market requirement). (Sec. 14224) Requires taking into account: (1) certain Federal Savings and Loan Insurance Corporation (FSLIC) assistance as compensation for loss; and (2) any FSLIC assistance for any debt for determining whether such debt is worthless and in determining the amount of any addition to a reserve for bad debts arising from such worthlessness or partial worthlessness. (Sec. 14225) Increases the required annual payment for corporations that fail to pay estimated income tax. Modifies the periods for applying such annualization. (Sec. 14226) Limits the Puerto Rico and possession tax credit to 60 percent of the possession corporation's qualified possession wages. (Sec. 14227) Modifies the limitation on corporate deductions for interest paid to related persons to take into account disqualified guarantees of indebtedness and the imposition of a gross basis tax. Part III: Foreign Tax Provisions - Subpart A: Current Taxation of Certain Earnings of Controlled Foreign Corporations - Requires U.S. shareholders of controlled foreign corporations to include in gross income a pro rata share of the corporations excess passive assets. Sets forth rules for determining such amounts. Modifies the rule on taxation of investment in United States property and takes into account excessive passive assets. Requires a report to specified congressional committees on a study of investments by controlled foreign corporations in U.S property. (Sec. 14233) Excepts from foreign personal holding income any dividends attributable to earnings and profits of the distributing corporation accumulated during any period during which the person receiving such dividend did not hold such stock. Requires the establishment of an excess limitation account by taxpayers who receive foreign tax credits in a year they receive previously taxed earnings and profits. Subpart B: Allocation of Research and Experimental Expenditures - Reduces the amount allowed as allocation and apportionment of research and experimental expenditures from sources within the United States. Subpart C: Other Provisions - Excludes passive dividends or interest income from foreign oil and gas income. (Sec. 14236) Modifies accuracy-related penalties for tax underpayments. (Sec. 14237) Denies the inclusion of certain contingent interest in the exemption for portfolio interest for nonresident aliens. (Sec. 14238) Authorizes the Secretary of the Treasury to prescribe regulations recharacterizing any multiple-party financing transaction as a transaction directly among any two or more of such parties where appropriate to prevent any tax avoidance. Part IV: Energy Tax Provisions - Subpart A: Energy Tax Based on Btu Content - Imposes an excise tax on the following energy products: (1) taxable refined petroleum products removed from a U.S. refinery or terminal entered into the United States for consumption, use, or warehousing, and sold to a nonregistered person; (2) natural gas removed from any pipeline in the United States, entered into the United States for consumption, use, or warehousing, and entered into any nonregistered pipeline; (3) coal received at any facility for use as a fuel at such facility; and (4) the sale of electricity to ultimate users in the United States and the use of electricity which was not subject to such tax. Bases the rate of tax on such products on the applicable Btu factor and content. Provides for refunding certain amounts to ultimate vendors of petroleum used for heating oil and international commercial transportation. Repays certain sums to persons who use petroleum to produce calcined coke. Provides exemptions from such excise tax for certain uses. Refunds the tax paid by certain users of methane recovered from biomass or coal mining. Imposes a tax on the use of any fossil fuel: (1) in the manufacture or production of a fuel other than at a U.S. refinery; or (2) as a fuel. Specifies the application of such tax and exceptions. Imposes a tax on floor stock of taxable fuels held on the date of the tax increase. Allows a credit against such tax. Provides for such tax increases to begin July 1, 1994. Imposes an imported Btu tax on certain imported products that contain significant levels of direct energy inputs that would be taxable if the products were manufactured in the United States. Imposes a penalty on persons who sell dyed fuel for taxable uses. Subpart B: Modifications to Tax on Diesel Fuel - Imposes an excise tax on diesel fuel (separate from the gasoline tax and the tax on aviation). Exempts from such tax diesel fuel: (1) used by trains and intercity, local, or school buses; and (2) which is dyed or marked in accordance in regulations prescribed by the Secretary of the Treasury. Provides that the Airport and Airway Trust Fund financing rate does not apply to aviation fuel sold by a producer or importer for use by the purchaser in a nontaxable use. Imposes a civil penalty on persons who use reduced-rate fuel for a taxable use. (Sec. 14243) Imposes a floor stocks tax on any person holding diesel fuel April 1, 1994. Subpart C: Extension of Motor Fuel Tax Rates; Increased Deposits Into Highway Trust Fund - Increases the tax on gasoline and diesel fuels for purposes of the Highway Trust Fund financing rate. Increases the amount to be transferred to the Mass Transit Account from such Fund. Part V: Compliance Provisions - Requires information reporting on payments to corporations for services. (Sec. 14252) Modifies provisions concerning substantial understatement and return-preparer penalties to allow reasonable cause exceptions. (Sec. 14253) Requires certain financial entities (including the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, and the National Credit Union Administration, and their successors or subunits) to file information returns regarding discharges of indebtedness of $600 or more. Part VI: Treatment of Intangibles - Allows an amortization deduction with respect to certain intangible property, including goodwill, that is acquired and held by a taxpayer in connection with the conduct of a trade or business or an activity engaged in for the production of income. Part VII: Miscellaneous Provisions - Establishes substantiation requirements for charitable contributions of $750 or more. (Sec. 14272) Sets forth disclosure requirements for an organization that receives a quid pro quo contribution (payment made partly as a contribution and partly in consideration for goods or services provided to the payor by the donee organization). Imposes a penalty for failure to make such disclosure. (Sec. 14273) Expands the 45-day interest-free period for refunding tax overpayments to all returns, as well as to amended returns and claims for refunds. Provides that if interest is not refunded within 45 days after the taxpayer files an amended return or claim for refund, interest will be paid only for periods after the date on which the return or claim is filed. (Sec. 14274) Denies the business travel expense deduction for spouses, dependents, or others. (Sec. 14275) Increases the withholding rate for supplemental wage payments. Subtitle C: Empowerment Zones and Enterprise Communities- Part I: Empowerment Zones and Enterprise Communities, Etc. - Provides for the designation of 100 tax enterprise communities and ten empowerment zones during calendar years after 1993 and before 1996: (1) by the Secretary of Housing and Urban Development, in the case of an urban area; (2) by the Secretary of Agriculture in the case of a rural area; and (3) the Secretary of the Interior for an Indian reservation. Sets forth eligibility criteria for such designations. Makes certain buildings in such communities or zones eligible for the low-income housing credit applicable to buildings in high-cost areas. Provides for the issuance of enterprise zone facility bonds in enterprise communities and empowerment zones in a manner similar to exempt facility bonds. Excludes enterprise zone facility bonds from the interest deduction limitations on financial institutions. Provides States an additional housing credit ceiling for each zone and community through 1996. Allows an empowerment zone employment credit to employers for a percentage of qualified zone wages paid during calendar years 1994 through 2004. Limits the amount of such credit. Allows businesses a zone resident empowerment savings credit of 50 percent of the qualified savings contributions made by an employer to a defined contribution plan on behalf of a zone employee. Limits the amount of such credit based on the employee's compensation. Increases the limitation on expensing certain depreciable business assets. Increases the volume cap applicable to enterprise zone facility bonds if the business owners meet specified ownership requirements with regard to abiding in such zones. (Sec. 14302) Allows the use of the targeted jobs credit for hiring empowerment zone residents. Part II: Credit for Contributions to Certain Community Development Corporations - Allows a general business tax credit for contributions to selected community development corporations to provide employment of, and business opportunities for low-income individuals who are residents of the operational area of the community. Subtitle D: Other Provisions - Part I: Disclosure Provisions - Extends the authority to disclose tax return information to the Department of Veterans Affairs through September 30, 1998. (Sec. 14402) Authorizes the disclosure of certain tax return information to: (1) the Department of Education to implement the direct student loan program; and (2) to the Department of Housing for income verification under certain housing programs. Part II: User Fee Provisions - Requires the establishment of a program requiring the payment of user fees for the processing of applications for certificates of alcohol label approval and exemption, formula reviews, and statements of process (including laboratory tests and analyses). (Sec. 14412) Removes authority to use the Harbor Maintenance Trust Fund for administrative expenses of certain customs fee collections. (Sec. 14413) Increases the tax on fuel used on commercial transportation on inland waterways. Part III: Public Debt Limit - Increases the public debt limit and repeals the temporary limit on such increase. Part IV: Vaccine Provisions - Makes permanent: (1) the excise tax on certain vaccines; and (2) the authority to pay compensation from the Vaccine Trust Fund under the National Vaccine Injury Compensation Program for certain damages resulting from vaccines administered after September 30, 1988. Directs the Secretary of the Treasury to report to specified congressional committees on various uses of such Fund. Imposes a floor stocks tax on taxable vaccines. (Sec. 14432) Requires continuation coverage under group health plans of the costs of pediatric vaccines. (Sec. 14433) Establishes the Childhood Immunization Trust Fund for the childhood immunization entitlement program under the Public Health Service Act.

Question· Kleine Anfrage12/4983open

Beschäftigung ehemaliger Stasi-Mitarbeiter und BND-Bediensteter in privaten Sicherheitsfirmen (G-SIG: 12011469)

Germany · German Bundestag · 18 May 1993

Beschäftigung ehemaliger Stasi-Mitarbeiter und BND-Bediensteter in dem Münchener Sicherheitsunternehmen "Aviation Security", personelle Verbindungen zu Dr. Alexander Schalck-Golodkowski und die von ihm transferierten und verborgenen Kunstschätze, Einhaltung der Sicherheitsrichtlinien des Verfassungsschutzes über die Beschäftigung ehemaliger Stasi-Mitarbeiter

Bill· HRH.R. 2050 (103rd)open

To terminate the Space Station Freedom and Advanced Solid Rocket Motor programs, and to redirect the savings therefrom to deficit reduction, and to National Aeronautics and Space Administration space and civil aviation programs.

United States · United States Congress · 10 May 1993

Terminates the Space Station Freedom and Advanced Solid Rocket Motor programs. Expresses the sense of the Congress that at least 50 percent of the amounts so saved should be used for: (1) Federal deficit reduction; and (2) civil aviation and other programs of space science, research, and education.

Bill· HRH.R. 1984 (103rd)open

To amend chapter 153 of title 10, United States Code, to permit the Secretary of Defense to provide certain property and services of the Department of Defense to certain educational entities.

United States · United States Congress · 5 May 1993

Authorizes the Secretary of Defense, in order to assist the United States Space Camp, the United States Space Academy, or the Aviation Challenge in achieving their educational goals, to sell, lease, lend, or give aircraft, vehicles, communications, training, or other equipment, supplies, or other materials to such entities and to permit such entities to use, on a reimbursable basis, Department of Defense facilities and, without reimbursement, the services of Department members or employees.

Bill· SS. 857 (103rd)open

National Commission To Ensure Small Aircraft Safety Act of 1993

United States · United States Congress · 29 April 1993

National Commission To Ensure Small Aircraft Safety Act of 1993 - Establishes the National Commission To Ensure Small Aircraft Safety. Requires the Commission to study and report to the President and the Congress on: (1) the current investigatory practices of the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) with respect to small aircraft safety; (2) the adequacy of such practices; (3) the coordination of NTSB and FAA investigations and enforcement of recommendations; (4) the enforcement of FAA small aircraft safety regulations; and (5) the impediments to full utilization of NTSB and FAA investigatory resources and enforcement. Authorizes appropriations.

Law· HRH.R. 1758 (103rd)enacted

To revise, codify, and enact without substantive change certain general and permanent laws, related to transportation, as subtitles II, III, and V-X of title 49, United States Code, "Transportation", and to make other technical improvements in the Code.

United States · United States Congress · 21 April 1993

Codifies existing Federal transportation law relating to: (1) the Department of Transportation; (2) the National Transportation Safety Board; (3) general and intermodal programs; (4) interstate commerce; (5) rail programs; (6) motor vehicle and driver programs; (7) aviation programs; (8) pipelines; (9) commercial space transportation; (10) bills of lading; (11) contraband; (12) damage to transported property; (13) transportation of animals; (14) payments for inspection and quarantine services; and (15) medals of honor. Sets forth provisions relating to: (1) ports of entry for civil aircraft; (2) customs violations, including public health, immigration, and controlled substances violations; (3) animal and plant quarantines; and (4) exempting mass transportation from Interstate Commerce Commission jurisdiction. Repeals various Acts of Congress relating to Federal transportation law.

Bill· HRH.R. 1696 (103rd)open

To provide for the regulation of the airspace over National Park System lands in the State of Hawaii by the Federal Aviation Administration and the National Park Service, and for other purposes.

United States · United States Congress · 5 April 1993

Requires the Director of the National Park Service (NPS) to: (1) identify areas where low-flying aircraft may constitute an adverse impact on resources and convey specific information, including annotated maps, which indicates designated flight-free areas and primary visitor use areas, to the Federal Aviation Administration (FAA); (2) develop a standardized reporting system acceptable to the FAA to document instances of low-flying aircraft over NPS lands for transmittal to the Honolulu FAA Flight Standards district office; (3) develop training programs and instructional materials enabling NPS personnel to recognize and report instances of low-flying aircraft; and (4) provide for quarterly meetings between NPS personnel and the FAA and affected pilots to discuss resources management objectives and issues associated with low-flying aircraft. Requires the FAA Administrator to: (1) communicate with pilots regarding NPS concerns and objectives about low-flying aircraft in specified areas; (2) investigate pilot deviations from the requirements of this Act and take action to discourage such deviations; (3) provide assistance to the NPS in communicating with various agencies in the Department of Defense about military aircraft operations over NPS areas; (4) make the results of such investigation available to the NPS at the FAA Flight Standards district office; (5) enlist the support of all aviation groups and organizations; and (6) participate in appropriate meetings at field and regional levels to assist the NPS in combating problems associated with low-flying aircraft. Prohibits the flying of commercial tour aircraft over Kaloko Honokohau, Pu'u honua o Honaunau, Pu'u kohola Heiau, and Kalaupapa National Historical Parks, Haleakala National Park, and Hawaii Volcanoes National Park. Requires scenic tour aircraft to maintain a two-mile standoff distance from such areas. Makes it unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at less than 2,000 feet over the surface of any NPS lands in Hawaii not subject to earlier provisions of this Act. Lists joint responsibilities of the Director and the Administrator regarding additional assessments of adverse impacts of aircraft operators, means of generating pilot understanding of NPS resource management objectives, and procedures for addressing public land over-flight issues. Makes Federal regulations relating to general operating and flight rules and to air taxi operators and commercial operators applicable to nonstop sightseeing flights that begin and end at the same airport and are conducted within a 25 statute mile radius of the airport.

Bill· SS. 771 (103rd)open

Airline Investment Act of 1993

United States · United States Congress · 2 April 1993

Airline Investment Act of 1993 - Amends the Federal Aviation Act of 1958 to redefine, for purposes of providing limited foreign ownership of a U.S. air carrier, the term "citizen of the United States" to include a corporation association in which at least 51 percent of the voting interest is owned or controlled by U.S. citizens and each non-U.S. citizen who owns or controls any voting interest implements an open skies agreement with the United States. Defines "open skies agreement with the United States" to mean an agreement between the United States and one or more countries whereby such country guarantees to the corporate and other U.S. citizens liberal access to air transportation routes and other air related services.

Bill· SS. 770 (103rd)referred

Airline Predatory Pricing Prevention Act of 1993

United States · United States Congress · 2 April 1993

Airline Predatory Pricing Prevention Act of 1993 - Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation (Secretary) to investigate allegations that an air carrier has engaged in predatory pricing in the provision of air transportation in a city-pair market and to order, in the significant likelihood that one of two specified predatory pricing indicators exists, such air carrier to cease and desist from engaging in the alleged pricing until the conclusion of a full investigation or 90 days after such order, whichever occurs first. Sets forth civil penalties for failure to obey such order.

Bill· SS. 769 (103rd)referred

A bill to prohibit any increase in the tax on the sale of certain aviation fuel, and to prohibit any tax on such fuel or on the energy content of petroleum or petroleum products used in the production of such fuel.

United States · United States Congress · 2 April 1993

Prohibits an increase in the excise tax on the sale of non-jet aviation fuel and jet aviation fuel that is sold to a registered commercial aircraft operator for use in transporting passengers or cargo. Prohibits any direct or indirect tax on such fuels or the energy content of petroleum or petroleum products in the production of such fuels. Allows such aircraft operators to reclaim taxes attributable to aviation fuel used to transport passengers or cargo.

Bill· HRH.R. 1550 (103rd)referred

To provide that no Federal funds may be obligated for any purpose with respect to the Berz-Macomb airport in Macomb County, Michigan, and for other purposes.

United States · United States Congress · 31 March 1993

Prohibits the obligation of funds for any purpose with respect to the Berz-Macomb Airport in Macomb County, Michigan. Directs the Administrator of the Federal Aviation Administration to study and report to the Congress on the feasibility of reducing the impact of aircraft noise on residential neighborhoods in the vicinity of such airport.

Bill· HRH.R. 1533 (103rd)open

To amend the Federal Aviation Act of 1958 to require the use of child safety restraint systems approved by the Secretary of Transportation on commercial aircraft.

United States · United States Congress · 30 March 1993

Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to issue regulations requiring the use of child safety restraint systems on commercial aircraft. Expresses the sense of the Congress that the U.S. representative to the International Civil Aviation Organization should seek an international standard to require that airline passengers be restrained on takeoff and landing and when directed by the captain of such aircraft.

Bill· HRH.R. 1532 (103rd)referred

To amend the Federal Aviation Act of 1958 to limit the age restrictions imposed upon aircraft pilots.

United States · United States Congress · 30 March 1993

Amends the Federal Aviation Act of 1958 to prohibit the Administrator of the Federal Aviation Administration from refusing to issue or renew an airman's certificate, or requiring an air carrier to terminate the employment of an airman, solely by reason of the airman's age if such person is under the age of 65.

Resolution· HCONRESH.Con.Res. 70 (103rd)open

Expressing the sense of Congress with respect to certain international aviation agreements and certain agreements between commercial air carriers of the United States and the United Kingdom.

United States · United States Congress · 24 March 1993

Calls upon the President to conclude negotiations leading to an "open skies" bilateral aviation agreement between the United States and the United Kingdom before March 17, 1994. Encourages the President, if the United Kingdom has prevented productive negotiation of an agreement, to eliminate rights previously authorized for British carriers that are not available to U.S. carriers. Declares that the Congress will not approve legislation to increase the amount of allowable investment in U.S. airlines by foreign nationals until the United States and United Kingdom have agreed to a new bilateral aviation agreement, consistent with the U.S. goals for liberalization.

Bill· HRH.R. 1433 (103rd)referred

Aviation Enhancement Act of 1993

United States · United States Congress · 23 March 1993

Aviation Enhancement Act of 1993 - Amends the Federal Aviation Act of 1958 to authorize the Secretary of Transportation (Secretary) to guarantee loans to eligible air carriers for financing the acquisition of new Stage three aircraft. Authorizes the Secretary to guarantee such loans to air carriers that own aging aircraft or Stage two aircraft only if the carrier agrees that it will retire from service: (1) Stage two aircraft or aging aircraft containing a number of seats which equals or exceeds 200 percent of the number of seats contained in the acquired aircraft; or (2) all of the air carriers remaining Stage 2 aircraft and aging aircraft. Authorizes appropriations.

Bill· SS. 611 (103rd)referred

Flight Attendant Duty Time Act

United States · United States Congress · 18 March 1993

Flight Attendant Duty Time Act - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to initiate a rulemaking proceeding to establish limitations on duty time for flight attendants. Requires the Secretary to issue final regulations by a specified deadline. Prohibits any air carrier from operating an aircraft using a flight attendant who has been on duty in excess of specified hours or who has had less than a specified number of hours of rest if such regulations have not been promulgated by a certain time. Permits modification of the specified hours of duty if the Secretary determines such modification is in the public interest and submits a copy of the modifying regulations to certain congressional committees. Treats a duty period with both domestic and international flight segments as international flying for purposes of calculating duty and rest requirements if the majority of the flight time during such period is on an international or domestic segment.

Law· HRH.R. 1335 (103rd)enacted

Emergency Supplemental Appropriations Act of 1993

United States · United States Congress · 15 March 1993

TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations Title II: General Provisions Emergency Supplemental Appropriations Act of 1993 - Makes emergency supplemental appropriations for FY 1993. Title I: Emergency Supplemental Appropriations - Makes additional appropriations available to the Department of Agriculture, the Food and Drug Administration, and related agencies for: (1) the Agricultural Research Service; (2) the Food Safety and Inspection Service; (3) the Soil Conservation Service; (4) the Farmers Home Administration; (5) the Rural Development Administration; and (6) the Food and Nutrition Service. Makes additional funds available to the Department of Commerce for the Economic Development Administration, the Minority Business Development Agency, and the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, and the National Telecommunications and Information Administration. Makes additional funds available for the Equal Employment Opportunity Commission and the Small Business Administration. Makes additional funds available for the Federal payment to the District of Columbia. Makes additional funds available to the Army Corps of Engineers-Civil for general construction, flood control for the Mississippi River and tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee, and general operation and maintenance. Makes additional funds available to the Department of Energy for energy supply, research, and development activities. Makes additional appropriations available to the Department of the Interior for the Bureau of Land Management, the United States Fish and Wildlife Service, the National Park Service, and the Bureau of Indian Affairs. Makes additional funds available to the Department of Agriculture for the National Forest System and the Department of Energy for energy conservation. Makes additional funds available to: (1) the Department of Labor for the Employment and Training Administration; (2) the Department of Health and Human Services for the Health Resources and Services Administration, the National Institutes of Health, the Social Security Administration, and the Administration for Children and Families; and (3) the Department of Education. Makes additional funds available to the Department of Transportation for the Federal Aviation Administration, the Federal Highway Administration, Federal Railroad Administration, and the Federal Transit Administration. Makes supplemental funds available to: (1) the Department of the Treasury for the Internal Revenue Service; and (2) the General Services Administration for the Federal Buildings Fund. Makes additional amounts available to: (1) Department of Veterans Affairs for the Veterans Health Administration and departmental administration; (2) the Department of Housing and Urban Development; and (3) the Commission on National and Community Service; (4) the Environmental Protection Agency; (5) the National Aeronautics and Space Administration; and (6) the National Science Foundation. Title II: General Provisions - Designates funds under this Act as emergency requirements for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).

Bill· HRH.R. 1301 (103rd)referred

Terrorism Prevention and Protection Act of 1993

United States · United States Congress · 10 March 1993

TABLE OF CONTENTS: Title I: Domestic Terrorism Title II: Explosives Title III: Illegal Immigration Title IV: International Terrorism Title V: Authorizations to Expand Counter-Terrorist Operations Terrorism Prevention and Protection Act of 1993 - Title I: Domestic Terrorism - Amends the Federal criminal code to provide for imposition of the death penalty if death results from: (1) the commission of terrorist acts; and (2) using, or attempting or conspiring to use, weapons of mass destruction under specified circumstances. (Sec. 102) Enhances penalties for specified violations of the International Economic Emergency Powers Act and passport and visa provisions of the Federal criminal code. (Sec. 104) Extends the statute of limitations for specified terrorism offenses. (Sec. 105) Revises provisions regarding Federal Bureau of Investigation access to telephone subscriber information to increase such access under specified circumstances involving counterintelligence investigations and international terrorism. (Sec. 106) Sets penalties for: (1) violence at airports serving international civil aviation; and (2) violation of Federal aviation security regulations. (Sec. 108) Establishes an Economic Terrorism Task Force. (Sec. 109) Revises the Immigration and Nationality Act (INA) concerning alien witness cooperation with Federal or State law enforcement authorities or courts. (Sec. 110) Sets penalties regarding: (1) providing material support to terrorists; (2) homicides and attempted homicides involving firearms in Federal facilities; and (3) specified explosives offenses. (Sec. 113) Directs the United States Sentencing Commission to amend sentencing guidelines to increase the base offense level for a felony that involves international terrorism. Title II: Explosives - Amends the Federal criminal code to prohibit the: (1) manufacture of explosive material which does not contain an identification taggant and a detection taggant which meet standards to be promulgated by the Secretary of the Treasury; and (2) transport, shipment, distribution, receipt, or other disposition or importation of explosive materials not containing such taggants. Title III: Illegal Immigration - Immigration Preinspection Act of 1993 - Amends the INA to: (1) require the Attorney General to establish and maintain preinspection stations in at least three of the ten foreign airports which the Attorney General identifies as serving as last points of departure for the greatest number of passengers who arrive from abroad by air at ports of entry within the United States; and (2) convert the visa waiver pilot program for certain visitors into a permanent program, subject to specified revisions. (Sec. 304) Revises INA provisions regarding passenger manifests (including authorizing the use of electronic manifests), inspection by immigration officers, and immigration inspection and preinspection services to expedite airport immigration processing. Directs the Attorney General to implement an expedited process for the inspection of U.S. citizens upon arrival from abroad by air at ports of entry within the United States. Title IV: International Terrorism - Amends the State Department Basic Authorities Act to provide that whenever an alien furnishes information leading to the conviction of an international terrorist, or the prevention, frustration, or favorable resolution of an international terrorist act, and the Secretary of State and the Attorney General jointly determine that the protection of such alien or the alien's immediate family requires admission, such alien and immediate relatives may be issued visas and admitted for permanent residence, subjects to specified limitations. (Sec. 402) Amends the Federal criminal code to: (1) increase penalties for international terrorist acts; and (2) prohibit specified offenses of violence against maritime navigation or fixed platforms. (Sec. 406) Sets forth provisions regarding: (1) extension of the territorial sea and assimilated crimes in such areas; and (2) jurisdiction over crimes against U.S. nationals on foreign ships. (Sec. 409) Sets penalties for: (1) torture; (2) counterfeiting U.S. currency abroad; and (3) foreign murders of U.S. nationals. Provides for the imposition of the death penalty for terrorists under specified circumstances. Title V: Authorizations to Expand Counter-Terrorist Operations - Authorizes appropriations to specified departments and agencies for counter-terrorist operations and programs.

Bill· HRH.R. 1229 (103rd)open

National Aviation Research and Competitiveness Act of 1993

United States · United States Congress · 4 March 1993

National Aviation Research and Competitiveness Act of 1993 - Directs the Administrator of the Federal Aviation Administration (FAA) and the Secretary of Defense (Secretary) to jointly establish a research program on aviation technologies that applies to both military and civil aviation vehicles and airports and that enhance U.S. competitiveness. Requires the Administrator and the Secretary to transmit to the Congress a national aviation research plan that advances aviation technologies over a five-year period. Establishes a Joint Aviation Research Advisory Committee.

Bill· HRH.R. 1042 (103rd)referred

To direct the Administrator of the Federal Aviation Administration to issue regulations to require individuals conducting weapon screenings of passengers in air transportation to notify law enforcement officers of discoveries of controlled substances and/or sums of money in excess of $10,000 in accordance with applicable Federal guidelines.

United States · United States Congress · 23 February 1993

Amends the Federal Aviation Act of 1958 to require airline employees and agents who operate weapon-detecting facilities to report to appropriate Federal and State law enforcement officers any discovery of a controlled substance and/or any sum of cash in excess of $10,000.

Bill· HRH.R. 926 (103rd)referred

To amend the Federal Aviation Act of 1958 to authorize the Secretary of Transportation to reduce under certain circumstances the percentage of voting interests of air carriers which are required to be owned or controlled by persons who are citizens of the United States.

United States · United States Congress · 17 February 1993

Amends the Federal Aviation Act of 1958 to authorize foreign persons to purchase more than a specified percentage of the voting interests of a U.S. air carrier.

Bill· HRH.R. 943 (103rd)referred

To amend the Federal Aviation Act of 1958 to prohibit the issuance of a certificate of public convenience and necessity to an applicant which is controlled by a person who has controlled 1 or more air carriers which have filed, in the aggregate, 2 or more petitions for bankruptcy.

United States · United States Congress · 17 February 1993

Amends the Federal Aviation Act of 1958 to prohibit the issuance of a certificate of public convenience and necessity authorizing an air carrier to engage in air transportation to any applicant which is controlled by a person who has controlled one or more air carriers which have filed, in the aggregate, two or more petitions for bankruptcy.

Law· HJRESH.J.Res. 110 (103rd)enacted

To authorize the Administrator of the Federal Aviation Administration to conduct appropriate programs and activities to acknowledge the status of the county of Fond du Lac, Wisconsin, as the "World Capital of Aerobatics", and for other purposes.

United States · United States Congress · 16 February 1993

Authorizes the Administrator of the Federal Aviation Administration to provide appropriate activities to acknowledge the status of the county of Fond du Lac, Wisconsin, as the "World Capital of Aerobatics."

Bill· SS. 249 (103rd)referred

Supplemental Transportation Appropriations Reinvestment to Upgrade Productivity (Start-Up) Act of 1993

United States · United States Congress · 28 January 1993

Supplemental Transportation Appropriations Reinvestment to Upgrade Productivity (Start-Up) Act of 1993 - Makes supplemental appropriations for FY 1993 to: (1) the Department of Transportation's Federal Highway Administration and Federal Transit Administration to maintain and repair the Nation's highways and bridges, stimulate economic activity, and expand the efficiency of public transportation systems; (2) the Federal Aviation Administration for airport improvement programs; and (3) the Federal Railroad Administration for Northeast Corridor improvements.

Bill· HRH.R. 593 (103rd)referred

To amend the Internal Revenue Code of 1986 to deny the business deduction for any amount paid or incurred for regularly scheduled air transportation to the extent such amount exceeds the normal tourist class fare for such transportation.

United States · United States Congress · 26 January 1993

Amends the Internal Revenue Code to disallow an income tax deduction for business air travel expenses on regularly scheduled flights to the extent the cost exceeds normal tourist class air fare.

Bill· SS. 73 (103rd)referred

Fair Treatment of Former Air Traffic Controllers Act of 1993

United States · United States Congress · 21 January 1993

Fair Treatment of Former Air Traffic Controllers Act of 1993 - Prohibits air traffic controllers who were terminated for striking on or about August 3, 1981, from being considered, as a class, unsuitable for reinstatement in the Federal Aviation Administration. Requires reinstatement on a case-by-case basis by the Office of Personnel Management. Prohibits claims against the United States or any U.S. employee based on a failure to reinstate, except claims based on racial, religious, sex, or ethnic discrimination.

Bill· SS. 67 (103rd)referred

General Aviation Accident Liability Standards Act of 1993

United States · United States Congress · 21 January 1993

General Aviation Accident Liability Standards Act of 1993 - Declares that this Act supersedes any State law regarding liability for general aviation accidents. Establishes guidelines for uniform standards of liability of general aviation manufacturers for general aviation accidents, including the principle of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 20 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of a general aviation accident. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions that exceed $50,000 for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions.

Bill· HRH.R. 556 (103rd)referred

Aviation Noise Limit Act of 1993

United States · United States Congress · 21 January 1993

Aviation Noise Limit Act of 1993 - Directs the Secretary of Transportation (Secretary) to develop a staged plan to reduce by at least 75 percent on or before January 1, 2001, the number of individuals residing in residential areas in the vicinity of an airport who are exposed to a yearly day-night average sound level of 60 decibels or above. Requires the Secretary in developing such plan to consider various methods for aviation noise reduction, including soundproofing, relocation incentives, use of quieter aircraft, operations restrictions, and revision of air routes. Authorizes the Administrator of the Federal Aviation Administration to make airspace traffic changes in residential areas if they will not result in an increase in aviation noise.

Bill· HRH.R. 557 (103rd)referred

Expanded East Coast Plan Rollback Act of 1993

United States · United States Congress · 21 January 1993

Expanded East Coast Plan Rollback Act of 1993 - Directs the Administrator of the Federal Aviation Administration (Administrator) to modify the Expanded East Coast Plan by rerouting aircraft routes over the Atlantic Ocean and, when that is not practicable, rerouting such aircraft to air routes used before adoption of the Plan, as a means of reducing aviation noise in the States of New York and New Jersey. Requires the Administrator to issue a supplemental environmental impact statement to include the effects of such modifications. Requires the Administrator to report to the Congress a description of such modifications.

Bill· HRH.R. 469 (103rd)open

To amend the Federal Aviation Act of 1958 to improve air service to small communities.

United States · United States Congress · 6 January 1993

Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation not to give consideration to the availability of slots (a reservation for an instrument flight rule takeoff or landing of an aircraft) at high density airports in determining the provision of basic essential air service to small communities and selecting an air carrier to provide such service. Requires the Secretary to ensure that a sufficient number of such slots are available to the air carrier providing such service at such airports, except at O'Hare International Airport in Chicago, Illinois, if the number of slots to and from such airport is at least 132. Provides for the transfer of slots at such airports.

Bill· HRH.R. 468 (103rd)referred

Fair Treatment of Former Air Traffic Controllers Act of 1993

United States · United States Congress · 6 January 1993

Fair Treatment of Former Air Traffic Controllers Act of 1993 - Prohibits air traffic controllers who were terminated for striking on or about August 3, 1981, from being considered, as a class, unsuitable for reinstatement in the Federal Aviation Administration. Requires reinstatement on a case-by-case basis by the Office of Personnel Management. Prohibits claims against the United States or any U.S. employee based on a failure to reinstate, except claims based on racial, religious, sex, or ethnic discrimination.

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