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51 records in 1993

Records

Bill· SS. 1741 (103rd)referred

Government Air Travel Savings Act of 1993

United States · United States Congress · 20 November 1993

Government Air Travel Savings Act of 1993 - Amends Federal civil service law to provide for the establishment of business accounts for air travel by Federal employees on official business in order to maximize cost savings. Provides for similar measures with respect to air travel by Members of Congress and congressional employees.

Bill· HRH.R. 3559 (103rd)open

Manassas National Battlefield Park Amendments of 1994

United States · United States Congress · 19 November 1993

Amends the Dayton Aviation Heritage Preservation Act of 1992 to require the Secretary of the Interior to consider recommendations submitted for members on the Dayton Aviation Heritage Commission before making appointments to such Commission. (Current law requires the Secretary to make appointments from recommendations submitted by specified officials or entities.)

Bill· SS. 1672 (103rd)open

FRIENDSHIP Act

United States · United States Congress · 18 November 1993

TABLE OF CONTENTS: Title I: Policy of Frienship and Cooperation Title II: Trade and Business Relations Title III: Cultural, Educational, and Other Exchange Programs Title IV: Arms Control Title V: Diplomatic Relations Title VI: Oceans and the Environment Title VII: Regional and General Diplomatic Issues Title VIII: Internal Security; Worldwide Communist Conspiracy Title IX: Miscellaneous Act for Reform in Emerging New Democracies and Support and Help for Improved Partnership with Russia, Ukraine, and Other New Independent States or the FRIENDSHIP Act - Title I: Policy of Friendship and Cooperation - Declares that it is the purpose of this Act to amend or repeal numerous statutory provisions that restrict or impede normal relations between the United States and the Russian Federation, Ukraine, and the other independent states of the former Soviet Union. Affirms that certain existing statutory provisions that impose limitations on the Soviet Union or utilize language that reflect the tension that existed between the Soviet Union and the United States should not be construed as being directed against the independent states, connoting an adversarial relationship between the United States and these states, or implying unfriendliness toward such states. Title II: Trade and Business Relations - Sets forth U.S. policy concerning the shooting down of Korean Airlines Flight 7. (Sec. 202) Amends the Federal criminal code to consider persons engaged in legal commercial transactions as agents of Cuba or any other country determined by the President to pose a threat to national security interests to be foreign agents subject to notification requirements. (Current law considers agents of the Soviet Union, the German Democratic Republic, Hungary, Czechoslovakia, Poland, Bulgaria, and Romania as foreign agents for such purposes.) (Sec. 203) Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to prohibit military technology developed with funds for the Ballistic Missile Defense Program from being transferred to any independent state unless the President certifies to the Congress that such transfer is in the national interest and is for purposes of maintaining peace. (Sec. 204) Amends the Department of Defense Appropriations Authorization Act, 1975 to repeal provisions that restrict exports of Department of Defense-funded items to controlled countries. Title III: Cultural, Educational, and Other Exchange Programs - Changes references in specified laws concerning exchanges from the Soviet Union to the independent states. Title IV: Arms Control - Changes certain references to the Soviet Union and the Warsaw Pact in the Arms Control and Disarmament Act and the Arms Export Control Act to the independent states, Russia, and Eastern Europe. Title V: Diplomatic Relations - Repeals specified provisions concerning: (1) personnel restrictions on Soviet national employees of foreign missions or international organizations; and (2) Soviet embassies and consulates (particularly with regard to security measures) and U.S. embassies in the former Soviet Union. (Sec. 503) Repeals a provision of the Foreign Service Buildings Act, 1926 which authorizes appropriations to carry out such Act in the Soviet Union. Title VI: Oceans and Environment - Replaces references to the Soviet Union in specified provisions of the Fur Seal Act of 1966 and the Global Climate Protection Act of 1987 with Russia and the independent states. Title VII: Regional and General Diplomatic Issues - Repeals specified provisions concerning U.S. policy toward Soviet intervention in Afghanistan and Angola and removes references to Communist countries under policy provisions of the Foreign Assistance Act of 1961. Title VIII: Internal Security; Worldwide Communist Conspiracy - Repeals provisions of law concerning: (1) reports on Soviet press manipulation in the United States; and (2) findings on Communism and prohibitions on communications with members of Communist parties and on attempting to establish a totalitarian dictatorship. Title IX: Miscellaneous - Repeals provisions of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 concerning: (1) Soviet missile tests near Hawaii; (2) emigration from the Soviet Union; and (3) delivery of international mail within the Soviet Union. Removes references to the Soviet Union and Eastern Europe in provisions concerning persecution of Christians. (Sec. 903) Repeals provisions of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 concerning: (1) the murder of a specified U.S. army officer; and (2) Soviet policy toward pentecostal Christians. (Sec. 905) Authorizes the National Captive Nations Committee, Inc., to construct an international memorial in the District of Columbia to honor victims of communism.

Bill· HRH.R. 3501 (103rd)referred

Senior Citizen Protection Act of 1993

United States · United States Congress · 10 November 1993

TABLE OF CONTENTS: Title I: Violent Crimes Title II: Fraud Senior Citizen Protection Act of 1993 - Title I: Violent Crimes - Amends the Federal criminal code to require a mandatory sentence upon conviction of a felony against an individual age 65 or over (elderly victim). Bars the court from suspending such sentence or giving the defendant probation. Requires that such a sentence be served consecutively and that the court reject specified plea agreements. Authorizes the death penalty in any case in which Federal law punishes conduct that is first-degree murder. Title II: Fraud - Directs the Federal Trade Commission (FTC) to participate in, and be on the receiving list of law enforcement products of, the Treasury Department's Financial Crimes Enforcement Center. Revises provisions of the Federal Trade Commission Act to authorize: (1) service of process wherever a party may be found in certain cases of fraud; and (2) the FTC to bring a criminal contempt action for violations of orders in such cases. Requires: (1) the U.S. Sentencing Commission to amend its sentencing guidelines to provide for increased offense levels based on the number of victims in cases of fraud and deceit and based on victims being elderly; and (2) (current law authorizes) the court to order restitution to victims of specified violations of the Federal Aviation Act of 1958. Expresses the sense of the Congress that: (1) all U.S. Attorneys should regularly enter information on telemarketing fraud into the database of the National Telemarketing Fraud Working Group; and (2) such Group and the States should continue to cooperate in coordinating the prosecution of offenders in venues that are convenient to the victims. Subjects to civil forfeiture any property traceable to the proceeds of violations of specified anti-fraud provisions which relate to crimes against elderly victims. Requires the court to order violators to forfeit property constituting or derived from proceeds obtained as the result of such a violation. Permits up to 25 percent of the amounts so forfeited to be used to provide restitution to victims. Directs: (1) the Attorney General to prepare model State laws on licensing of home repair contractors, mortgage companies, and prize giveaway companies and to designate 50 positions for attorneys and support staff for the prosecution of consumer fraud and for law enforcement and consumer fraud education programs; and (2) the Social Security Administration to conduct a study of Medicaid and social security fraud. Extends mail fraud provisions to cover private courier services.

Bill· HRH.R. 3464 (103rd)referred

Comprehensive Arson Deterrence and Fire Containment Act of 1993

United States · United States Congress · 8 November 1993

Comprehensive Arson Deterrence and Fire Containment Act of 1993 - Authorizes appropriations for the modernization or replacement of the Modular Airborne Fire Fighting System used by the United States Forest Service. Directs the Forest Service to study and report to the Congress on additional means of improving airborne fire fighting response time, including whether there are any legal impediments which materially delay fire fighting response reaction time. Increases penalties for the malicious use of fire or an explosive if: (1) the damage caused by the offense exceeds $1 million (between five and 20 years' imprisonment); (2) the life of any person is placed in jeopardy as a result of the offense or the damage caused exceeds $10 million (between eight and 30 years' imprisonment); (3) personal injury results to any person or the damage caused exceeds $25 million (between ten and 40 years' imprisonment); and (4) death of any person results (over 25 years' imprisonment, life imprisonment, or the death penalty). Sets forth: (1) analogous provisions regarding malicious use of fire or an explosive to damage or destroy any building, vehicle, or other property used in interstate or foreign commerce or in any activity affecting such commerce; and (2) penalties for reckless or negligent use of fire or an explosive. Directs the Forest Service to study and report to the Congress on whether there are any Federal legal impediments that prevent homeowners, local governments, and other interested parties from clearing highly flammable fire hazards, including brush weeds, that may provide fuel for dangerous fires. Requires the Secretary of Defense to report to the Congress on: (1) how greater use could be made of excess military cargo planes, other plans available to the Forest Service, and private fire fighting contractors; and (2) how to reform Federal aviation regulations to allow full effective use of such planes for fire fighting purposes.

Bill· SS. 1608 (103rd)open

A bill to rescind certain budget authority proposed to be rescinded in special messages transmitted to the Congress by the President on November 1, 1993, in accordance with title X of the Congressional Budget and Impoundment Control Act of 1974, as amended.

United States · United States Congress · 2 November 1993

TABLE OF CONTENTS: Title I: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Title II: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Title III: Energy and Water Development Title IV: Foreign Operations, Export Financing, and Related Programs Title V: Department of Defense Title VI: Department of Transportation and Related Agencies Title VII: General Services Title VIII: Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Title I: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies - Rescinds funds made available to the Department of Agriculture for the Agricultural Research Service, the Cooperative State Research Service, the Agricultural Stabilization and Conservation Service, the Soil Conservation Service, the Farmers Home Administration, the Rural Electrification Administration, and the Food and Nutrition Service. Title II: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies - Rescinds funds made available to: (1) the State Justice Institute; (2) the Department of Commerce for the National Oceanic and Atmospheric Administration and the International Trade Administration; (3) the Small Business Administration; (4) the Department of State for the Administration of Foreign Affairs; and (5) the United States Information Agency. Title III: Energy and Water Development - Rescinds funds made available to: (1) the Department of the Army for the Civil Corps of Engineers; (2) the Bureau of Reclamation of the Department of the Interior; and (3) the Department of Energy. Title IV: Foreign Operations, Export Financing, and Related Programs - Rescinds certain funds appropriated to the President for the international development assistance and international security assistance. Title V: Department of Defense - Rescinds funds appropriated to the Department of Defense for military construction. Title VI: Department of Transportation and Related Agencies - Rescinds funds made available to the Department of Transportation for the Federal Aviation Administration, the Federal Highway Administration, and the Federal Transit Administration. Title VII: General Services Administration - Rescinds funds made available for the Federal Buildings Fund. Title VIII: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies - Rescinds funds made available for certain housing programs.

Bill· SS. 1607 (103rd)open

Violent Crime Control and Law Enforcement Act of 1993

United States · United States Congress · 1 November 1993

TABLE OF CONTENTS: Title I: Public Safety and Policing Title II: Death Penalty Title III: Habeas Corpus Reform Title IV: Gun Crime Penalties Title V: Obstruction of Justice Title VI: Youth Violence Subtitle A: Increased Penalties for Drug Trafficking and Criminal Street Gangs Subtitle B: Juvenile Drug Trafficking and Gang Prevention Grants Subtitle C: Bindover System for Certain Violent Juveniles Title VII: Terrorism Subtitle A: Maritime Navigation and Fixed Platforms Subtitle B: General Provisions Title VIII: Sexual Violence and Child Abuse Subtitle A: Sexual Abuse Subtitle B: Child Protection Subtitle C: Crimes Against Children Title IX: Crime Victims Subtitle A: Victims' Rights Subtitle B: Crime Victims' Fund Title X: State and Local Law Enforcement Subtitle A: DNA Identification Subtitle B: Department of Justice Community Substance Abuse Prevention Subtitle C: Racial and Ethnic Bias Study Grants Title XI: Provisions Relating to Police Officers Subtitle A: Law Enforcement Family Support Subtitle B: Police Pattern or Practice Subtitle C: Police Corps and Law Enforcement Officers Training and Education Title XII: Drug Court Programs Title XIII: Prisons Subtitle A: Federal Prisons Subtitle B: State Prisons Title XIV: Rural Crime Subtitle A: Fighting Drug Trafficking in Rural Areas Subtitle B: Drug Free Truck Stops and Safety Rest Areas Title XV: Drug Control Subtitle A: Increased Penalties Subtitle B: Precursor Chemicals Act Subtitle C: General Provisions Title XVI: Drunk Driving Provisions Title XVII: Commissions Subtitle A: Commission on Crime and Violence Subtitle B: National Commission to Study the Causes of the Demand for Drugs in the United States Subtitle C: National Commission to Support Law Enforcement Title XVIII: Bail Posting Reporting Title XIX: Motor Vehicle Theft Prevention Title XX: Protection for the Elderly Title XXI: Consumer Protection Title XXII: Financial Institution Fraud Prosecutions THIS Title XXIII: Savings and Loan Prosecution Task Force Title XXIV: Sentencing Provisions Title XXV: Sentencing and Magistrates Amendments Title XXVI: Computer Crime Title XXVII: International Parental Kidnapping Title XXVIII: Safe Schools Title XXIX: Miscellaneous Subtitle A: Increases in Penalties Subtitle B: Extension of Protection of Civil Rights Statutes Subtitle C: Audit and Report Subtitle D: Gambling Subtitle E: White Collar Crime Amendments Subtitle F: Safer Streets and Neighborhoods Subtitle G: Other Provisions Title XXX: Technical Corrections Violent Crime Control and Law Enforcement Act of 1993 - Title I: Public Safety and Policing - Public Safety Partnership and Community Policing Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Attorney General to make grants and provide technical assistance to units of State and local government, and to other public and private entities, to increase police presence (including the rehiring of law enforcement officers laid off as a result of State and local budget reductions, as well as the hiring of new, additional career law enforcement officers, for deployment in community-oriented policing), expand and improve cooperative efforts between law enforcement agencies (LEAs) and members of the community, and otherwise enhance public safety. Sets forth matching fund, application, and related requirements. Authorizes appropriations. Title II: Death Penalty - Federal Death Penalty Act of 1993 - Amends the Federal criminal code to provide for imposition of the death penalty for various offenses, including: (1) murder by a Federal prisoner; (2) civil rights murders; (3) drive-by shootings and carjackings resulting in death; (4) foreign murder of U.S. nationals; (5) rape and child molestation murders; (6) gun murders during Federal crimes of violence and drug trafficking crimes; and (7) murder in the course of alien smuggling. (Sec. 202) Sets forth procedures for the imposition, implementation, and review of such sentence. Limits mitigating factors (such as impaired capacity, duress, minor participation, and victim's consent) and aggravating factors (such as involvement of a firearm or previous conviction of a violent felony involving a firearm, previous conviction of other serious offenses, vulnerability of victim, and continuing criminal enterprise involving drug sales to minors). Requires a special hearing to determine whether a death sentence is justified. Directs the court to instruct the jury not to consider the race, color, religious beliefs, national origin, or sex of the defendant or of any victim. Prohibits the execution of a woman while she is pregnant and of a person who is mentally retarded. Title III: Habeas Corpus Reform - An Act to enforce the fourteenth amendment and to reform habeas corpus - Amends the Federal judicial code to impose a 180-day limitations period for the filing of Federal habeas corpus petitions, applicable in both capital and non-capital cases in which the State has offered the petitioner counsel for State post-conviction review, which begins from the time the petitioner's conviction becomes final on State direct review. Tolls such period while the petitioner pursues State post-conviction remedies, unless the petitioner fails to initiate post-conviction review within 270 days in capital cases or 180 days in non-capital cases. Provides for a one-time 60-day extension of the period upon a showing of good cause. (Sec. 303) Provides an automatic stay of execution in capital cases through the consideration of the first Federal habeas corpus petition. Permits a stay of execution to be granted thereafter only if the petition on its face satisfies the requirements for successive petitions. (Sec. 304) Prohibits a Federal court from announcing or applying a new rule to grant relief to a habeas corpus petitioner, except where the new rule places a class of individual conduct beyond the power of the criminal lawmaking authority to proscribe or prohibits the imposition of a certain type of punishment for a class of persons because of their status or offense, or constitutes a watershed rule of criminal procedure implicating the fundamental fairness and accuracy of the criminal proceeding. Codifies caselaw providing for an independent Federal habeas corpus review of claims under Federal law, except for fourth amendment exclusionary rule claims. Specifies that the State bears the burden of proving harmless error in Federal habeas corpus review of State criminal convictions. (Sec. 305) Sets forth provisions regarding: (1) limits on successive petitions (allows a prisoner to bring a second or subsequent petition only upon a showing of cause for not having brought the claim before and prejudice if the claim is not heard); and (2) new evidence (allows prisoners in capital cases to present claims of actual innocence based on newly discovered evidence that the petitioner did not previously know about). (Sec. 308) Sets standards and procedures for the provision of counsel for indigent defendants at all stages of State capital litigation. Requires each State in which a sentence of death may be imposed to establish a State counsel certification authority, comprised of members of the State's criminal defense bar, to create a roster of qualified lawyers eligible for court appointment and monitor the performance of attorneys so certified. (Sec. 309) Amends the Omnibus Act to require the Director of the Bureau of Justice Assistance (BJA) to make grants to States to help fund the provision of defense counsel. Authorizes: (1) Federal grants of up to 75 percent of the additional costs imposed by the new counsel requirements during the first three years following enactment of this title and 50 percent thereafter; and (2) grants for the prosecution of Federal habeas corpus cases in an amount equal to that allocated to capital resource centers. (Sec. 310) Abrogates State sovereign immunity from suit in Federal court for a violation of specified provisions regarding the establishment of a State certification authority and attorney compensation. Title IV: Gun Crime Penalties - Directs the U.S. Sentencing Commission to amend its sentencing guidelines to enhance the penalty for: (1) use of a semiautomatic firearm during a crime of violence or a drug trafficking crime; (2) a second offense of using an explosive to commit a Federal felony; (3) use of a firearm in the commission of counterfeiting or forgery; and (4) firearms possession by violent felons and serious drug offenders. (Sec. 403) Prohibits and sets penalties for: (1) smuggling firearms in aid of drug trafficking; (2) theft of firearms and explosives; (3) the transfer of firearms to a nonresident of a State, except for lawful sporting purposes; (4) conspiracies to commit firearms and explosives crimes; and (5) the distribution of explosives to a person who is legally disqualified from having the explosives. (Sec. 405) Mandates the revocation of: (1) supervised release and the institution of a prison term for a defendant who possesses a controlled substance or firearm in violation of a condition of such release, or who refuses to cooperate with drug testing; and (2) probation for possession of a controlled substance or firearms in violation of a condition of probation, or who refuses to cooperate with drug testing. (Sec. 407) Increases the penalty for: (1) knowingly making a false, material statement in connection with the acquisition of a firearm from a licensed dealer; and (2) interstate gun trafficking. Title V: Obstruction of Justice - Increases the penalties for threats and intimidation of jurors and court officers, obstruction of justice, and attempted retaliatory killings of witnesses, victims, and informants. (Sec. 501) Provides the death penalty for: (1) the murder of jurors and court officers; (2) retaliatory killings of witnesses, victims, and informants; (3) the murder of State officials working with Federal law enforcement officials in connection with Federal criminal investigations; and (4) the murder of Federal witnesses. (Sec. 503) Creates an exception to current law requiring that persons charged with capital offenses be furnished with a list (with addresses) of veniremen and witnesses, if the court finds by a preponderance of the evidence that providing such list may jeopardize the life or safety of any person. Title VI: Youth Violence - Subtitle A: Increased Penalties for Drug Trafficking and Criminal Street Gangs - Amends: (1) the Controlled Substances Act (CSA) to increase penalties for employing children to distribute drugs or avoid apprehension for a drug offense; and (2) the Federal criminal code to provide for imprisonment of up to ten years for a gang member or person acting on behalf of a criminal street gang who commits a Federal drug or violent crime offense and who has had a prior drug or crime of violence conviction, with the penalty to run consecutively to any other sentence imposed. Subtitle B: Juvenile Drug Trafficking and Gang Prevention Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants for: (1) programs to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles; (2) public or non-profit private organizations or individuals to identify promising new juvenile drug reduction and enforcement programs; and (3) public or non-profit private organizations or individuals to support promising new programs that specifically address the unique crime, drug, and alcohol related challenges faced by juveniles living at or near international ports of entry and in other international border communities. Authorizes appropriations. Subtitle C: Bindover System for Certain Violent Juveniles - Amends the Omnibus Act to authorize grants for bindover systems for the prosecution of 16- and 17-year-olds as adults for certain violent crimes (first- and second-degree murder, attempted murder, armed robbery with a firearm, aggravated battery or assault with a firearm, criminal sexual penetration when armed with a firearm, and drive-by shooting). Title VII: Terrorism - Subtitle A: Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to prohibit and set penalties for the seizure of a ship or fixed platform by force, an act of violence against a person aboard, damage or destruction, or the injuring or killing of a person in connection with such activities. Provides the death penalty where death results. Subtitle B: General Provisions - Provides the death penalty where death results from the use of a weapon of mass destruction. (Sec. 714) Extends: (1) the application of State, territory, or district law for offenses committed in territorial waters not otherwise committed within a State's territory or district; (2) special maritime and territorial jurisdiction to offenses committed by or against a U.S. national during a voyage on a foreign vessel scheduled to depart from or arrive in the United States; and (3) the statute of limitations to ten years for certain terrorist offenses. (Sec. 716) Provides: (1) the death penalty for the commission of torture outside the United States and for the killing of a U.S. national outside the country; (2) the Federal Bureau of Investigation (FBI) with access to telephone subscriber information if the Director or Deputy Assistant Director certifies that such information is relevant to a foreign counterintelligence investigation and that it pertains to an agent of a foreign power; and (3) criminal penalties for willful violations of airport or airline security regulations. (Sec. 719) Prohibits: (1) acts of terrorism at U.S. international airports (and provides the death penalty where death results), subject to certain limitations; and (2) counterfeiting U.S. currency abroad (and sets penalties). Enhances penalties for any felony that involves or is intended to promote international terrorism. Sets penalties for those who provide material support to terrorists. (Sec. 722) Creates an Economic Terrorism Task Force. (Sec. 725) Amends the Immigration and Nationality Act to authorize the Attorney General to grant a nonimmigrant visa to an alien who possesses critical information about a criminal organization and whose presence in the United States is essential to an investigation or prosecution of such organization. Title VIII: Sexual Violence and Child Abuse - Subtitle A: Sexual Abuse - Amends the Federal criminal code to include within the definition of "sexual act" the intentional touching, not through the clothing, of the genitalia of another person who has not attained age 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. Subtitle B: Child Protection - National Child Protection Act of 1993 - Provides for the establishment of a national background check system whereby child care organizations can determine whether prospective employees have histories of child abuse or other serious crimes. Requires States to have at least 80 percent currency of crime cases in their systems within three years. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to begin a study of child abusers' criminal records. (Sec. 816) Amends the Omnibus Act to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this subtitle. Subtitle C: Crimes Against Children - Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring any person convicted of a criminal offense against a victim who is a minor to register a current address with a designated State LEA for ten years after release from prison or being placed on parole or supervised release. Subjects to criminal penalties a person required to register under a State program who knowingly fails to register and keep such registration current. (Sec. 823) Specifies that the allocation of BJA grant funds (under the Omnibus Act) received by a State not complying with provisions of this Act three years after its enactment shall be reduced by ten percent, with the unallocated funds to be reallocated to the States in compliance with this Act. Title IX: Crime Victims - Subtitle A: Victims' Rights - Amends Rule 32 of the Federal Rules of Criminal Procedure to give victims of violent crimes and sexual abuse the right to address the court concerning the sentence to be imposed on convicted offenders. Permits such right to be exercised by a parent or guardian if the victim is under 18, or by one or more family members if the victim is deceased or incapacitated. (Sec. 902) Requires courts to order criminal defendants who are convicted to pay restitution to victims. Specifies that a restitution order shall constitute a lien against real or personal property. Subtitle B: Crime Victims' Fund - Amends the Victims of Crime Act of 1984 to provide that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal, or a federally financed State or local, program would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program. (Sec. 913) Allows: (1) up to five percent of a victim compensation or assistance program grant to be used for administrative costs; and (2) the Director of the Office for Victims of Crime to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year. (Sec. 917) Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds. Title X: State and Local Law Enforcement - Subtitle A: DNA Identification - DNA Identification Act of 1993 - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for specified identification purposes. Sets forth provisions regarding: (1) restrictions on the use of funds; and (2) reporting and recordkeeping (including access to records) requirements. Authorizes appropriations. (Sec. 1003) Requires the Director of: (1) the FBI to appoint a distinct advisory board on DNA quality assurance methods from among nominations proposed by the National Academy of Sciences and professional societies of crime laboratory officials and issue standards for quality assurance; and (2) the National Institute of Justice (NIJ) to make specified certifications to the House and Senate Judiciary Committees regarding the establishment of a proficiency testing program for DNA analyses. (Sec. 1004) Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, and of analyses of DNA samples recovered from crime scenes and from unidentified human remains. (Sec. 1005) Sets forth proficiency testing and privacy protection requirements, and penalties for violations. (Sec. 1006) Authorizes appropriations. Subtitle B: Department of Justice Community Substance Abuse Prevention - Department of Justice Community Substance Abuse Prevention Act of 1993 - Amends the Omnibus Act to authorize the Attorney General to make grants to eligible coalitions to develop and implement substance abuse prevention programs, with the efforts of such coalitions involving substantial community participation. Grants priority to communities providing evidence of significant abuse. Authorizes appropriations. Subtitle C: Racial and Ethnic Bias Study Grants - Authorizes the Attorney General to make grants to States that have established, by State law or the court of last resort, plans for analyzing the role of race in their criminal justice systems. Requires State plans to include recommendations designed to correct any findings of racial and ethnic bias. Authorizes appropriations. Title XI: Provisions Relating to Police Officers - Subtitle A: Law Enforcement Family Support - Amends the Omnibus Act to: (1) require the Director of the BJA to establish guidelines and oversee the implementation of family-friendly policies in law enforcement divisions of the Department of Justice (DOJ), identify model programs that provide support to law enforcement families, and provide technical assistance for stress reduction and family support efforts by State and local LEAs; and (2) authorize the Director to make grants to States and local LEAs and organizations representing State or local law enforcement personnel to provide family support services to law enforcement personnel. Authorizes appropriations. Subtitle B: Police Pattern or Practice - Prohibits any governmental authority, or any agent or person acting on behalf of such authority, from engaging in a pattern or practice of conduct by law enforcement officers that deprives persons of their constitutional or Federal rights. Authorizes the Attorney General to bring a civil action against such officers to eliminate such practices. (Sec. 1112) Directs the Attorney General to acquire data about the use of excessive force by law enforcement officers. Subtitle C: Police Corps and Law Enforcement Officers Training and Education - Chapter 1: Police Corps - Police Corps Act - Establishes in DOJ an Office of the Police Corps and Law Enforcement Education, headed by a Director. Authorizes the Director to award college and graduate school scholarships (of up to $30,000 per student) in exchange for four years work with a State or local police force upon graduation. Requires participants who do not follow through on their commitment to pay back all the scholarship money plus ten percent interest. (Sec. 1127) Sets forth provisions regarding: (1) selection and training of participants; (2) swearing in, discipline, and layoffs; (3) State plan requirements; and (4) assistance to States and localities employing police corps officers. Authorizes appropriations. Chapter 2: Law Enforcement Scholarship Program - Law Enforcement Scholarships and Recruitment Act - Requires the Director to provide scholarships for in-service law enforcement personnel who seek further education, allotting 80 percent of funds based on the relative number of law enforcement officers per State and 20 percent based on the relative shortage of officers. Provides grants for summer jobs or part-time jobs during the year for high school students interested in law enforcement careers. Authorizes appropriations. Title XII: Drug Court Programs - Amends the Omnibus Act to authorize the BJA to make grants to States: (1) for drug testing upon arrest, during the pretrial period, or during participation in any pre- or post-conviction diversion program; (2) to develop alternative methods of punishment for young nonviolent offenders to traditional forms of incarceration and probation; and (3) for residential substance abuse treatment programs in State prisons. Authorizes appropriations. Title XIII: Prisons - Subtitle A: Federal Prisons - Amends the Federal criminal code to: (1) prohibit the Bureau of Prisons from showing favoritism to prisoners of high social or economic status in designating their place of imprisonment; and (2) require that any submission of legislation by the judicial or executive branch that might affect prison populations be accompanied by an impact statement (and requires the Attorney General to prepare and transmit to the Congress annual prison impact assessments). (Sec. 1303) Federal Prisoner Drug Testing Act of 1993 - Requires the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of Federal offenders on post-conviction release. (Sec. 1304) Drug Treatment in Federal Prisons Act of 1993 - Establishes a schedule for the Bureau of Prisons to place all eligible prisoners into residential substance abuse treatment programs for between nine and 12 months, in facilities separate from the general prison population. Specifies that prisoners who successfully complete such programs could be released up to a year early. Authorizes appropriations. (Sec. 1305) Directs the court, in imposing sentence, to consider the expected costs to the Government of any imprisonment, supervised release, or probation. Authorizes the Sentencing Commission, in promulgating guidelines, to include as a component of a fine the expected costs to the Government of any imprisonment, supervised release, or probation sentence that is ordered. Subtitle B: State Prisons - Authorizes the Attorney General to make grants to States and to multi-State compact associations for the development and operation of boot camp prisons (for prisoners not convicted of violent felonies, providing a highly regimented schedule of strict discipline, physical training, and work, as well as remedial education and treatment for substance abuse) and regional prisons (for violent offenders with serious substance abuse problems). Specifies that grants may support the activation of boot camp and regional prison facilities already constructed by State or local governments, and shall support aftercare services (to reduce the likelihood of repeat criminality following release). Authorizes appropriations. (Sec. 1323) Requires the Director of NIJ to study: (1) the feasibility of establishing an information clearinghouse to facilitate the interstate transfer of prisoners to facilities near their families; (2) the recidivism rates of persons who were under the influence of alcohol at the time they committed their crimes, comparing recidivism rates of those who participated in a residential treatment program while in custody with those who did not; and (3) the use of alcohol, alone or in combination with other drugs, as a factor in criminal activity. (Sec. 1324) Requires the Bureau of Prisons to notify State and local law enforcement authorities concerning the release or relocation to their areas of Federal offenders under post-release supervision, with respect to prisoners convicted of drug trafficking and violent crimes. Title XIV: Rural Crime - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. (Sec. 1402) Directs the Attorney General, subject to the availability of appropriations, to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. (Sec. 1403) Authorizes the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. (Sec. 1404) Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Drug Free Truck Stops and Safety Rest Areas - Amends the CSA to enhance penalties for drug distribution at or near truck stops and safety rest areas. Title XV: Drug Control - Subtitle A: Increased Penalties - Amends: (1) the Federal criminal code to enhance penalties for drug trafficking and illegal drug use in prisons; (2) the Tariff Act of 1930 to make the penalty for failure to declare a controlled substance 1,000 percent of the value of the article (as under current law) or $500, whichever is greater; and (3) the CSA to enhance penalties for drug dealing in or near public housing authority facilities, and to set penalties for any physical trainer or adviser who endeavors to persuade or induce an individual to possess or use anabolic steroids in violation of such Act. (Sec. 1505) Directs the Sentencing Commission to amend the sentencing guidelines to increase penalties for drug-dealing in "drug-free" zones. Subtitle B: Precursor Chemicals Act - Chemical Control Amendments Act of 1993 - Amends the CSA to impose registration requirements for precursor chemicals. (Sec. 1514) Requires manufacturers to submit annual reports concerning listed chemicals manufactured during the year. (Sec. 1515) Amends the Controlled Substances Import and Export Act to: (1) subject brokers and traders to the same recordkeeping and reporting requirements for international transactions, and the same criminal penalties, as exporters; and (2) authorize the Attorney General to require that the 15-day advance notice requirement with respect to the importation and exportation of listed chemicals apply to all exports of specific listed chemicals to specified countries, regardless of the status of certain customers in such countries as regular customers, if necessary to support effective diversion control programs or as required by treaty; and (3) establish criminal penalties for attempting to evade reporting requirements and for smuggling listed drugs. (Sec. 1519) Grants the Attorney General the same inspection authority for listed chemicals as presently exists with respect to controlled substances. (Sec. 1521) Makes it a felony to violate the Solid Waste Disposal Act in the handling of chemicals used to illegally manufacture a controlled substance. Requires that violators be assessed costs of the initial cleanup an disposal of the listed chemical and contaminated property and the costs of restoring property damaged by exposure to such chemical. Subtitle C: General Provisions - Prohibits advertising which aims to illegally solicit or sell drugs. (Sec. 1535) Includes among the long-term goals of the National Drug Control Strategy making drug treatment available to all who need it. (Sec. 1536) Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to issue regulations requiring employees to report to law enforcement authorities the discovery of illegal drugs or amounts of cash over $10,000 in airport security screenings. Title XVI: Drunk Driving Provisions - Drunk Driving Child Protection Act of 1993 - Amends the Federal criminal code to provide supplementary prison terms and fine authorizations in cases where drunk driving endangers or injures a person under 18 years of age. (Sec. 1603) Expresses the sense of the Congress that in determining child custody and visitation rights the courts should consider the history of drunk driving of anyone involved in the determination. Title XVII: Commissions - Subtitle A: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to develop a comprehensive crime control plan for the 1990's. Subtitle B: National Commission to Study the Causes of the Demand for Drugs in the United States - National Commission to Study the Causes of the Demand for Drugs in the United States - Establishes a National Commission to Study the Causes of the Demand for Drugs in the United States. Subtitle C: National Commission to Support Law Enforcement - National Commission to Support Law Enforcement Act - Establishes a National Commission to Support Law Enforcement. Title XVIII: Bail Posting Reporting - Illegal Drug Profits Act of 1993 - Requires State and Federal criminal court clerks to report to the Internal Revenue Service (IRS) and prosecutors the name and taxpayer identification number of anyone accused of a drug, money laundering, or racketeering crime who posts cash bail exceeding $10,000. Title XIX: Motor Vehicle Theft Prevention - Motor Vehicle Theft Prevention Act - Directs the Attorney General to develop a national voluntary motor vehicle theft prevention program which would involve placing identifiable decals on the vehicles of consenting owners, whereby such vehicles could then be stopped by law enforcement officers upon a reasonable suspicion that the vehicles were not being operated by or with the consent of their owners. (Sec. 1903) Prohibits and sets penalties for tampering with the decals, with exceptions. Title XX: Protections for the Elderly - Directs the Attorney General, subject to the availability of appropriations, to make grants in support of programs to protect and locate missing patients with Alzheimer's disease and related dementias. Authorizes appropriations. (Sec. 2002) Directs the Sentencing Commission to ensure that the sentences for those convicted of crimes of violence against elderly victims be sufficiently stringent to deter such crimes, protect the public from additional crimes of such a defendant, and provide enhanced penalties under specified criteria. Title XXI: Consumer Protection - Amends the Federal criminal code to set penalties for insurance industry crimes, including embezzling from insurance companies, making false entries in insurance company books with intent to deceive, and corruptly influencing or obstructing proceedings before State insurance regulatory agencies or insurance examiners. Prohibits persons convicted of criminal felonies involving dishonesty or breach of trust from engaging in the insurance business without the written consent of an insurance regulatory official authorized to regulate the insurer. (Sec. 2102) Consumer Protection Against Credit Card Fraud Act of 1993 - Prohibits the sale of credit cards without credit card company authorization, fraudulent receipt of payments via credit card for goods never received or inferior to those promised, and laundering to credit card receipts. (Sec. 2103) Extends the mail fraud statute to include mail sent by private interstate carriers. Title XXII: Financial Institution Fraud Prosecutions - Financial Institutions Fraud Prosecution Act of 1991 (sic) - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to disqualify certain persons with criminal records from participating in the affairs of insured depository institutions and credit unions. (Sec. 2204) Amends the Crime Control Act of 1990 to encourage the Attorney General to report to the Congress on the collapse of private insurance deposit corporations. Title XXIII: Savings and Loan Prosecution Task Force - Directs the Attorney General to establish within DOJ a savings and loan criminal fraud task force to prosecute those criminal cases involving savings and loan institutions. Title XXIV: Sentencing Provisions - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission. (Sec. 2403) Directs the court to revoke a term of supervised release and require the defendant to serve in prison all or part of the term of release authorized by statute for the offense that resulted in such term, without credit for time previously served on post-release supervision, if the court finds that the defendant violated a condition of supervised release, subject to specified limitations. Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to such expiration, a warrant or summons ha been issued on the basis of an allegation of such a violation. (Sec. 2404) Provides for the application of the sentencing guidelines (and any pertinent policy statement issued by the U.S. Sentencing Commission) for certain nonviolent drug offenses in which a mandatory minimum term of imprisonment would otherwise be required. Directs the Sentencing Commission to: (1) review the consideration of defendants' criminal histories under the guidelines; and (2) monitor the operation of this Act. Title XXV: Sentencing and Magistrates Amendments - Permits concurrent sentencing of a defendant to imprisonment and probation for petty offenses. (Sec. 2502) Authorizes the trial of petty offenses by magistrate judges. Title XXVI: Computer Crime - Computer Abuse Amendments Act of 1993 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes it a misdemeanor to recklessly transmit a destructive computer program or code. Creates a civil cause of action for persons suffering damage or loss by virtue of a violation of this Act. Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Title XXVII: International Parental Kidnapping - International Parental Kidnapping Crime Act of 1993 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. (Sec. 2703) Authorizes appropriations to carry out under the State Justice Institute Act of 1984 national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Title XXVIII: Safe Schools - Safe Schools Act of 1993 - Amends the Omnibus Act to: (1) authorize the Director of the BJA to make grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence; and (2) require the Director to develop a written safe schools model in English and in Spanish and make such model available to any such agency that requests it. Authorizes appropriations. Title XXIX: Miscellaneous - Subtitle A: Increases in Penalties - Increases penalties for assault: (1) of Federal officers, foreign officials, and official guests and internationally protected persons; (2) within a maritime and territorial jurisdiction; and (3) of the President, presidential staff, congressional leaders, cabinet officials, and Supreme Court justices. (Sec. 2902) Increases the maximum penalties for voluntary and involuntary manslaughter. (Sec. 2903) Broadens the scope and increases the penalties for conspiracies to deprive persons of their civil rights. (Sec. 2904) Increases penalties for: (1) trafficking in counterfeit goods and services; (2) conspiracy to commit murder for hire; and (3) Travel Act violations. Subtitle B: Extension of Protection of Civil Rights Statutes - Extends the protections of the criminal civil rights statute to any person in a State. (Currently, the statute only covers State "inhabitants.") Subtitle C: Audit and Report - Directs the Attorney General to: (1) require State and local LEAs to annually audit and detail the uses and expenses to which forfeiture funds were dedicated and the amount used for each use or expense; and (2) report to the Congress on the administrative and contracting expenses paid from the DOJ Assets Forfeiture Fund. Subtitle D: Gambling - Grants a State gaming enforcement office located within a State Attorney General's office access to FBI criminal history record information for licensing purposes. Subtitle E: White Collar Crime Amendments - Establishes penalties for knowingly receiving the proceeds of: (1) extortion; (2) a kidnapping; and (3) a postal robbery. (Sec. 2943) Extends the prohibition against obstructing civil investigative demands to include obstruction in racketeering and false claims investigations. Subtitle F: Safer Streets and Neighborhoods - Safer Streets and Neighborhoods Act of 1993 - Amends the Omnibus Act to authorize the Director of the BJA to make grants to, or enter into contracts with, non-Federal public or private agencies, institutions, or organizations to carry out specified purposes of such Act (current law does not specify "non-Federal"), effective October 1, 1993. Subtitle G: Other Provisions - Authorizes the venue for espionage and related offenses to be in the District of Columbia or in any other district authorized by law. (Sec. 2963) Amends the Anti-Drug Abuse Act to make amendments with respect to certain IRS undercover operations effective from the date of this Act's enactment through December 31, 1994. (Sec. 2964) Directs the Attorney General and the Secretary of Health and Human Services to report to the Congress on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of the syndrome has been held to be admissible as evidence of guilt or as a defense in a criminal trial. (Sec. 2966) Amends the Federal criminal code to set penalties for: (1) the theft of major art works from museums; (2) misuse of the words "Drug Enforcement Administration" or the initials "DEA"; and (3) attempted robbery, kidnapping, smuggling, and property damage offenses. (Sec. 2971) Extends the statute of limitations of arson. Title XXX: Technical Corrections - Makes technical corrections to various criminal law provisions.

Bill· HRH.R. 3400 (103rd)open

Government Reform and Savings Act of 1993

United States · United States Congress · 28 October 1993

TABLE OF CONTENTS: Title I: Department of Agriculture Title II: Department of Commerce Title III: Department of Defense Title IV: Department of Energy Title V: Department of Health and Human Services Title VI: Department of Housing and Urban Development Title VII: Department of the Interior Title VIII: Miscellaneous Provisions Title IX: Department of Labor Title X: Department of State and United States Information Agency Title XI: Department of Transportation Title XII: Department of Veterans Affairs Title XIII: Human Resource Management Title XIV: Reinventing Support Services Title XV: Streamlining Management Control Title XVI: Financial Management Title XVII: Year-End Spending Government Reform and Savings Act of 1993 - Title I: Department of Agriculture - Subtitle A: Department of Agriculture Reorganization - Directs the Secretary of Agriculture to reduce and reorganize the Department of Agriculture, including specified levels of personnel reduction. Subtitle B: Eliminate Federal Support for Wool and Mohair - Repeals the National Wool Act as of December 31, 1995. Reduces 1994 and 1995 wool and mohair support levels. Subtitle C: Eliminate Federal Support for Honey - Amends the Agricultural Act of 1949 to eliminate the honey price support program as of December 31, 1995. Reduces 1994 and 1995 support levels. (Sec. 1203) Reduces honey loan forfeiture limitations. Title II: Department of Commerce - Directs the Departments of Commerce and of Defense and the National Aeronautics and Space Administration to propose a single operational polar environmental and weather satellite system which meets national needs. Requires the Director of the Office of Science and Technology Policy to submit to the Congress by a certain date an implementation plan designed to result in specified savings in budget authority and outlays between FY 1994 and 1999. Title III: Department of Defense - Subtitle A: Create Incentives for the Department of Defense to Generate Revenues - Allows the commander of a military installation, at his discretion, to credit proceeds from the sale of recyclable materials to the nonappropriated morale and welfare account of such installation for use for morale and welfare activities. Subtitle B: Closure of the Uniformed Services University of the Health Sciences - Repeals Federal provisions establishing the Uniformed Services University of the Health Sciences. Phases out such University beginning in FY 1995, with closure no later than September 30, 1998. Subtitle C: Streamline and Reorganize the U.S. Army Corps of Engineers - Directs the Secretary of the Army to reorganize the U.S. Army Corps of Engineers through the reorganization and reduction of offices and the restructuring of functions in order to increase efficiency and reduce costs, with a goal of achieving $50 million in net annual savings by FY 1998. Title IV: Department of Energy - Subtitle A: Alaska Power Administration Sale Authorization Act - Alaska Power Administration Sale Authorization Act - Authorizes the Secretary of Energy, in accordance with specified purchase agreements, to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska Industrial Development and Export Authority; and (2) the Eklutna Hydroelectric Project to the Anchorage Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association Inc. Directs the Secretary to: (1) close out the Alaska Power Administration; and (2) assess alternative options for maximizing the return to the Treasury from the sale of the Alaska Power Marketing Administration before taking any of the sales action authorized by this Title. Subtitle B: Federal-Private Cogeneration of Electricity - Amends the National Energy Conservation Policy Act to modify the definition of "energy savings" to include increased efficiency from cogeneration processes for other than federally owned buildings or other federally owned facilities. Subtitle C: Power Marketing Administration Debt Buyout - Part 1: Bonneville Power Administration Debt Buyout - Bonneville Power Administration Repayment Bonds Act - Authorizes the Administrator of the Bonneville Power Administration to sell bonds according to prescribed procedures. (Sec. 4203) Amends the Federal Columbia River Transmission System Act to authorize the Administrator to make expenditures from the Bonneville Power Administration fund to pay the financing and debt service costs of such bonds. (Sec. 4204) Amends the Pacific Northwest Electric Power Planning and Conservation Act to authorize the Administrator to base power and transmission rates upon a single, combined generation and transmission repayment study which demonstrates that all indebtedness is repaid by its due date. Part 2: Other Power Marketing Administrations Debt Buyout - Power Marketing Administrations Financing Act - Sets forth procedural guidelines for the Administrators of the Southeastern, Southwestern and Western Area Power Administrations to repay the discounted present value of existing indebtedness to the United States. (Sec. 4209) Establishes a Power Marketing Administration Sinking Fund. (Sec. 4210) Authorizes each Administrator to issue revenue bonds and other instruments of indebtedness to refinance existing indebtedness. Title V: Department of Health and Human Services - Subtitle A: Increased Flexibility in Contracting for Medicare Claims Processing - Amends title XVIII (Medicare) of the Social Security Act (SSA) to make various changes with respect to the contractor system under Medicare, including eliminating the authority of the Railroad Retirement Board to contract for processing the Medicare claims of railroad retirees. Subtitle B: Workers' Compensation Data Exchange Pilot Projects - Authorizes the Secretary of Health and Human Services to conduct pilot projects with up to three States for studying the ways of obtaining workers' compensation data for the Secretary. Reimburses participating States out of the social security trust funds for the costs of participation. Subtitle C: Federal Clearinghouse on Death Information - Amends SSA title II (Old Age, Survivors and Disability Insurance) to restructure the current program for the exchange of death information to, for example, use a Federal Clearinghouse on Death Information as the vehicle for all such exchanges and, in the case of individuals with respect to whom federally funded benefits are provided by (or through) a Federal or State agency other than under SSA, require such agency to pay a set fee to cover all costs connected with the provision of such information for them. Requires any contract requiring a State to furnish death information to the Secretary of Health and Human Services to authorize the Secretary to use such information and redisclose it to any Federal, State, or local agency in accordance with certain SSA information sharing requirements. Subtitle D: Continuing Disability Reviews - Amends SSA title II to earmark specified levels of administrative funding for continuing disability reviews of disabled beneficiaries for FY 1994 through 1999. Title VI: Department of Housing and Urban Development - Subtitle A: Multifamily Property Disposition - Amends the Housing and Community Development Amendments of 1978 to revise provisions regarding the management and disposition of Department of Housing and Urban Development (HUD) - held multifamily properties and mortgages. Subtitle B: Merger of the Certificate and Voucher Programs - Amends the United States Housing Act of 1937 to merge the public housing certificate and voucher programs. Subtitle C: Streamline HUD - Directs the Secretary of Housing and Urban Development to carry out HUD reorganization and reduction activities. Subtitle D: Refinance Section 235 Mortgages - Amends the National Housing Act to cover mortgage refinancing costs under the lower-income family homeownership assistance program. Subtitle E: Section 8 Rents for New Construction and Rehabilitation Projects - Prohibits temporarily the adjustment of maximum monthly public housing (section 8) rents for new construction and rehabilitation projects. Title VII: Department of the Interior - Subtitle A: Improve the Federal Helium Program - Amends the Helium Act Amendments of 1960 to authorize the Secretary of the Interior (the Secretary) to: (1) reduce costs and increase operational efficiencies; and (2) establish and adjust fees charged private industry for storage, transmission, and withdrawal of privately-owned helium from government storage facilities to compensate fully for all costs incurred. Directs the Secretary to: (1) avoid disruptions of the helium market when making helium sales; (2) sell helium at prices comparable to those of private industry; and (3) develop a long-term, comprehensive plan to cancel the outstanding debt owed to the Treasury by the Department of the Interior related to the Federal helium program, and improve Federal helium program operations. Subtitle B: Improve Minerals Management Service Royalty Collection - Directs the Secretary of the Interior to require the Minerals Management Service, Royalty Management Program, to develop and implement: (1) an automated business information system to provide its auditors with a lease history according to prescribed guidelines; (2) the optimum methods to identify and resolve anomalies and verify that royalties are paid correctly; (3) a more efficient and cost-effective royalty collection process; and (4) any other actions necessary to reduce royalty underpayment and increase revenue by a certain amount. Amends the Federal Oil and Gas Royalty Management Act of 1982 to prescribe penalty assessment guidelines for substantial underreporting of lease royalties. Subtitle C: Phase Out the Mineral Institute Program - Directs the Secretary to phase out the Mining and Mineral Resources Research Institute Act of 1984. Authorizes appropriations. Prohibits appropriations after September 30, 1998. Title VIII: Department of Justice - Amends the Federal criminal code to authorize the Attorney General to: (1) assess a nominal fee against a Federal prison inmate's trust fund account for any health services provided the inmate; and (2) waive or refund all or part of such fees for good cause at any time. Declares that no inmate shall be denied health services treatment because of inability to pay a health services fee. Title IX: Department of Labor - Subtitle A: Deterrence of Fraud and Abuse in the FECA Program - Amends the Federal Employees Compensation Act (FECA) to add provisions to deter fraud and abuse in the FECA program. Subtitle B: Enhancement of Reemployment Programs for Federal Employees Disabled in the Performance of Duty - Amends FECA to authorize the Secretary of Labor, as part of the vocational rehabilitation effort, to assist permanently disabled individuals in seeking and/or obtaining employment. Authorizes the Secretary to reimburse an employer (including a Federal employer), who was not the employer at the time of injury and who agrees to employ a disabled beneficiary, for portions of the salary, through payments from the Employees' Compensation Fund. (Sec. 9101) Authorizes the Secretary to expand the FECA Periodic Roll Management Project to all offices of the Office of Workers' Compensation Program of the Department of Labor. Subtitle C: Wage Determinations: McNamara-O'Hara Service Contract Act and Davis-Bacon Act - Amends the McNamara-O'Hara Service Contract Act and the Davis-Bacon Act to authorize the Secretary of Labor to develop and implement electronic data interchange systems to request and obtain wage determinations required under such Acts. Subtitle D: Elimination of Filing Requirement for Plan Descriptions, Summary Plan Descriptions, and Descriptions of Material Modifications to a Plan - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to eliminate certain filing requirements for routine disclosure to employee benefit plan participants and beneficiaries of plan descriptions, summary plan descriptions, and descriptions of material modifications to a plan. Provides for such disclosures by plan administrators through written requests to the Secretary of Labor. Title X: Department of State/United States Information Agency - Directs the Secretary of State to reduce costs of providing marine guard and other security at diplomatic missions overseas by a specified amount by the end of FY 1999. (Sec. 10002) Requires the Director of the United States Information Agency (USIA) to improve the efficiency of USIA's public diplomacy activities and save a specified amount by the end of FY 1999. Title XI: Department of Transportation - Subtitle A: Authority to Charge Tuition for Attendance at the U.S. Merchant Marine Academy - Amends the Merchant Marine Act, 1936 to require the Secretary of Transportation (Secretary) to impose a system of tuition and fees on individuals attending the Academy equal to an amount that is up to one-half the total operating costs of the Academy during the preceding fiscal year. Authorizes the Secretary to impose reasonable fees on cadets at the Academy for all required uniforms and textbooks. (Currently, the Academy is required to provide for such items.) Subtitle B: Reform of the Essential Air Service Program - Amends the Federal Aviation Act of 1958 to provide that in order for a point to be eligible for basic essential air service it must not require a rate of subsidy per passenger in excess of $200, and may not be located fewer than 70 highway miles from the nearest hub airport or small hub airport. Decreases the amount of funds from the Airway Trust Fund for the essential air service program for FY 1994 through 1998. Authorizes amounts from such Fund for FY 1999. Subtitle C: Repeal of Authorizations for the Airway Science Program, Collegiate Training Initiative, and Air Carrier Maintenance Technician Training Facility Grant Program - Repeals all authority for: (1) the Airway Science Program; (2) the Collegiate Training Initiative; and (3) the Air Carrier Maintenance Technician Training Facility Grant Program. Title XII: Department of Veterans Affairs - Subtitle A: Remove Certain Limitations and Restrictions Contained in Veterans Law - Eliminates: (1) Department of Veterans Affairs (Department) hospital and nursing home bed capacity requirements; (2) a required increase in the number of full-time personnel in the Office of the Inspector General of the Department; (3) required reports to the Congress concerning Department administrative reorganizations; (4) the requirement of certain services and offices within the Veterans Health Administration of the Department; and (5) the requirement of a Deputy, Associate Deputy, and various assistant medical directors within the Office of the Chief Medical Director of the Department. Subtitle B: Closure of Supply Depots and Transfer of Revolving Supply Fund Money - Directs the Secretary of Veterans Affairs to: (1) phase out and close Department supply depots in Somerville, New Jersey, Hines, Illinois, and Bell, California; and (2) transfer to the General Fund of the Treasury in FY 1994 and 1995 specified amounts from the Department Revolving Supply Fund. Subtitle C: Provision of Information from the Medicare and Medicaid Coverage Data Bank to the Department of Veterans Affairs - Provides as an additional purpose of the Medicare and Medicaid Coverage Data Bank the provision of information to the Secretary of Veterans Affairs concerning the collection of payments from third parties for health care items and services furnished to veterans. Subtitle D: Veterans' Appeals Improvement Act of 1993 - Veterans' Appeals Improvement Act of 1993 - Provides for the appointment by the Chairman of the Board of Veterans Appeals of any necessary number of Deputy Vice Chairmen. Removes current limitations on the authorized period of service for acting Board members. Requires the Chairman to include in an annual report information with respect to activities of acting Board members during the previous year. (Sec. 12303) Authorizes the Chairman to decide alone, or to assign to another Board member, any matter or motion before the Board. (Current law requires a minimum three-member Board determination of such matters.) Prohibits judicial review of any such assignments. (Sec. 12304) Authorizes the Board to: (1) dismiss appeals which allege no specific error of fact or law or in which the determination being appealed has become moot; (2) remand cases for which additional developments require appropriate disposition; and (3) render a written final Board decision on issues not dismissed or remanded. Revises provisions concerning situations under which the Chairman shall exclude himself from the reconsideration of an appeal. Provides for the reconsideration of a case based on a difference of opinion as to how the evidence should be evaluated rather than on a specific error in the prior decision. (Sec. 12307) Authorizes Board member to: (1) collect medical opinions from Board employees, Department employees, or employees of other Federal departments and agencies, as long as such employees are licensed to practice medicine in any State; and (2) secure advisory medical opinions from independent medical experts when the case warrants such opinions. Requires opinions to be in writing and to be made part of the record, with an opportunity for the appellant to respond. Revises provisions concerning appellant hearing procedures. Title XIII: Human Resource Management - Subtitle A: Federal Workforce Restructuring Act of 1993 - Federal Workforce Restructuring Act of 1993 - Amends Federal civil service law to eliminate various restrictions on employee training and authorize certain Federal agencies to establish temporary programs to offer a lump sum financial incentive (the lesser of $25,000 or the amount of an employee's severance pay) to selected groups of employees in order to encourage them to voluntarily separate from an agency, whether by retirement or resignation, in order to assist agency heads in restructuring their workforce. Provides for repayment of separation incentives if any employee rejoins the Federal Government within two years. Requires Federal agencies to pay a specified contribution to the Civil Service Retirement and Disability Fund based on the final rate of basic pay of each agency employee who retires early. (Sec. 13003) Expresses the sense of the Congress that: (1) employment in the Executive Branch should be reduced by not less than one full-time equivalent position for each two employees who are paid voluntary separation incentives under this Act; and (2) each agency should adjust its employment levels to achieve this result. Subtitle B: SES Annual Leave Accumulation - Repeals the authorization for unlimited accumulation of annual leave by members of the Senior Executive Service. Title XIV: Reinventing Support Services - Government Information Dissemination and Printing Improvement Act of 1993 - Directs the President to establish policy for the acquisition of printing by executive agencies and promulgate appropriate Government-wide regulations. Requires such policy to ensure that the Government Printing Office (GPO) has the opportunity to compete on an equal basis for executive agency printing acquisitions. (Sec. 14005) Requires GPO to remain the mandatory source for certain executive agency printing for two years after the enactment of this Act, except that during such period executive agencies may obtain printing services costing under $2500 from other sources. (Sec. 14006) Requires the Director of the Office of Management and Budget to develop policies and practices for agency dissemination of public information to ensure, among other things, that agencies: (1) avoid establishing, or permitting others to establish, exclusive, restricted, or other distribution arrangements that interfere with the availability of information dissemination products on a timely and equitable basis; and (2) set user charges for information dissemination products no higher than sufficient to recover the cost of dissemination, except where required by statute or specifically authorized by the Director. (Sec. 14007) Specifies Federal agency responsibilities for information dissemination. (Sec. 14008) Requires the Director of OMB to propose amendments to Federal law to ensure the distribution of government information dissemination products to depository libraries. (Sec. 14009) Requires the Director to: (1) maintain a publicly accessible comprehensive inventory of all approved Federal agency information collection requests in order to assist agencies and the public in reducing the burden of agency information and collection requests by minimizing duplication; (2) cause to be established and maintained an agency-based electronic Government Information Locator Service in order to assist agencies and the public in locating information; (3) require each agency having significant information dissemination products to establish and maintain a comprehensive inventory of such products; and (4) establish an interagency committee to develop technical standards for agency inventory systems. Abolishes the old Federal Information Locator System. Title XV: Streamlining Management Control - Authorizes the Director of OMB to publish annually in the President's Budget any recommendations for the consolidation, elimination, or adjustments in frequency and due dates of statutorily required periodic reports to the Congress or its committees. Title XVI: Financial Management - Federal Financial Management Act of 1993 - Subtitle A: Electronic Payments - Amends Federal law to require direct deposit of Federal wage, salary, and retirement payments by electronic funds transfer for recipients who begin such payments on or after January 1, 1995. Subtitle B: Franchise Funds and Innovation Funds - Authorizes the establishment of a franchise fund in an executive agency for expenses and equipment necessary for the maintenance and operations of administrative services that may be performed more advantageously on a centralized basis. Authorizes the establishment of an innovation fund in an executive agency to provide a self-sustaining source of financing to invest in projects designed to produce measurable improvements in agency efficiency and significant taxpayer savings. Requires such funds to be made available without further appropriation action by the Congress. Subtitle C: Simplifying the Management Reporting Process - Authorizes the Director of the Office of Management and Budget (OMB) to publish annually in the President's budget recommendations for consolidation, elimination, or adjustments in frequency and due dates of statutorily required periodic reports of agencies to the OMB or the President and of agencies or the OMB to the Congress under any laws for which the OMB has general management or financial management responsibility. Subtitle D: Annual Financial Reports - Requires the annual financial statements of executive agencies to be audited prior to submission to OMB. Subtitle E: Strengthening Debt Collection Programs - Authorizes appropriations from debt collection payments to improve debt collection activities. (Sec. 16502) Makes provisions governing contracts for collection services inapplicable to certain claims or debts under the Social Security Act or the Internal Revenue Code. Subtitle F: Improving Department of Justice Debt Collection - Establishes a Debt Collection Fund to reimburse executive agency expenses incurred in conducting or providing support to debt collection litigation, enforcing judgments, and related activities. Subtitle G: Adjusting Civil Monetary Penalties for Inflation - Amends the Federal Civil Penalties Inflation Adjustment Act of 1990 to require adjustment to the civil monetary penalties for inflation every four years (currently, every five years). Title XVII: Year-End Spending - Limits the amount of appropriations for salaries and expenses that can remain available for successive fiscal years. Limits the amount of such carried-over funds for employee cash awards and training programs.

Law· SS. 1587 (103rd)enacted

Federal Acquisition Streamlining Act of 1994

United States · United States Congress · 26 October 1993

TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Research and Development Subtitle D: Procurement Protests Subtitle E: Definitions and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Audit and Access to Records Subtitle D: Cost Accounting Standards Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality Subtitle F: Claims and Disputes Title III: Service Specific and Major Systems Statutes Subtitle A: Major Systems Statutes Subtitle B: Testing Statutes Subtitle C: Service Specific Laws Subtitle D: Department of Defense Commercial and Industrial Activities Subtitle E: Fuel- and Energy-Related Laws Subtitle F: Fiscal Statutes Subtitle G: Miscellaneous Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws Subtitle A: Simplified Acquisition Threshold Subtitle B: Socioeconomic and Small Business Laws Subtitle C: Miscellaneous Acquisition Laws Title V: Intellectual Property Subtitle A: Technology Transfer Subtitle B: Government Use of Private Patents, Copyrights, and Trade Secrets Title VI: Standards of Conduct Subtitle A: Ethics Provisions Subtitle B: Additional Amendments Title VII: Defense Trade and Cooperation Title VIII: Commercial Items Title IX: Effective Date Federal Acquisition Streamlining Act of 1993 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part 1: Armed Services Acquisitions - Amends the Competition in Contracting Act of 1984 (CICA) and other Federal procurement law with respect to subject agency (National Aeronautics and Space Administration, Coast Guard, Department of Defense (DOD), and respective military departments) procurement to revise: (1) competition requirements, with changes prohibiting purchase or contract class considerations by subject agencies in determining whether the exclusion of a particular source of covered items from competition in procurements to establish alternative sources of supply will result in reduced costs and increased competition or be in the interest of national defense; and (2) solicitation requirements, with changes requiring the head of a subject agency to include cost or price as a factor to be considered in evaluating competitive proposals and disclose certain information to offerors on the importance of other evaluation factors in relation to cost and price. (Sec. 1003) Revises certain qualifying circumstances for award of contracts between $100,000 and $1 million under noncompetitive procedures. Substitutes for approval of contracts between $1 million and $10 million, "head of the contracting activity" for "head of the procuring activity." (Sec. 1005) Repeals: (1) expiring authority for the Secretary of Defense (Secretary) to enter into master agreements and issue task orders and adds new authority for the head of a subject agency to enter into task and delivery order contracts; and (2) requirements for prior determination with respect to cost or incentive type contract use and for annual reports by DOD advocates for competition. (Sec. 1012) Relocates provisions concerning evaluation of purchase options and consolidates others for encouragement of competition and cost savings. (Sec. 1013) Requires: (1) notice to all offerors not awarded a contract within three days of the contract award; (2) debriefings providing certain basic information on the award to unsuccessful offerors, if requested within seven days after a competitive award; and (3) the head of the contracting activity, upon the request of an offeror, to establish, in protests to the Comptroller General (CG), a protest file affording the offeror reasonable access. (Sec. 1016) Authorizes the head of a subject agency to take certain actions, such as issuing a new solicitation or terminating the contract, if, in connection with a protest, a solicitation, proposed award, or award does not comply with the law. Part II: Civilian Agency Acquisitions - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make changes similar to those above with respect to civilian agencies. Part III: Acquisitions Generally - Repeals congressional reporting requirements on executive agency contract competition. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends provisions commonly referred to as the Truth in Negotiations Act (TINA) to revise cost or pricing data requirements to: (1) repeal the sunset date for the requirement that offerors submit cost or pricing data for prime contracts above the $500,000 threshold (thus making it permanent); and (2) make changes in exceptions to data submission requirements. (Sec. 1203) Requires a written determination to be made by the head of the subject agency before requiring the submission of cost or pricing data in cases where the acquisition is below the TINA threshold or one of the TINA exceptions applies. (Sec. 1204) Creates a new exception to the submission requirement for commercial item cost or pricing data that applies where competion is not practicable and the contracting officer obtains adequate data for evaluating the reasonableness of the contract price. (Sec. 1206) Provides for: (1) regulations concerning the types of information that must be submitted for the contracting officer to consider in determining price reasonableness when cost or pricing data are not required because the acquisition is not expected to exceed the $500,000 threshold; and (2) consistent time references with respect to when an agreement on the price of a prime contract is effective for purposes related to contract price reductions because of defective data. (Sec. 1208) Defines "subcontract" to include transfers of commercial items within a company to tie in with the new definition of commercial item under OFPPA added by title VIII of this Act. Part II: Civilian Agency Aquisitions - Amends FPASA to replace requirements governing submission of cost or pricing data and commercial pricing for supplies with requirements nearly identical to those under TINA (and the changes made above by this subtitle to TINA) governing submission of such data. Subtitle C: Research and Development - Revises research and development (R&D) authority of DOD and the military departments, repealing specified R&D milestone requirements with respect to certain defense research activities. (Sec. 1302) Consolidates the R&D authority of DOD and the military Subtitle D: Procurement Protests - Part I: Protests to the Comptroller General - Modifies CICA's procurement protest system, with various changes: (1) adding a new definition of "protest"; (2) establishing new time frames for certain actions by the CG and others with respect to protests; (3) allowing the CG, in protests, to recommend agency payment of interested party consultant and expert witness fees, in addition to attorneys' fees currently required; (4) requiring subject agencies to pay recommended amounts, limited (except with respect to small businesses) to appropriate rates under the Equal Access to Justice Act, or else report to the CG the reasons for failing to make such payment;(5) directing the CG to report to the Congress on agency implementation of CG recommendations; and (6) authorizing the CG to prescribe procedures for time frame calculations and electronic filings and dissemination under the system. Part II: Protests in the Federal Courts - Amends CICA and the Federal judicial code (FJC) to give the U.S. Court of Federal Claims Court) jurisdiction over protests. Part III: Protests in Procurements of Automatic Data Processing - Amends FPASA to: (1) authorize the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority after a contract is awarded whenthe award is connected with a violation of law; (2) require GSA's board of contract appeals (bard) to review, upon an interested party's request, any decision by a contracting officer alleged to have violated the law or the conditions of a delegated authority; and (3) change the time frames for final board decisions on protests and hearings for suspending procurement authority. (Sec. 1434) Authorizes dismissal of protests brought in bad faith and board ordered payment of additional specified administrative fees, as limited above under part I, to prevailing parties. (Sec. 1436) Requires public disclosuure of any settlement agreement providing for dismissal of a protest and involving an expenditure of appropriated funds. Requires agencies to make settlement payments from the judgment fund. (Sec. 1437) Makes changes conforming to those above under part II with regard to Federal court jurisdiction over protests. (Sec. 1438) Requires the board to adopt and issue appropriate rules and procedures for time frame calculations, electronic filings and disseminations, and sanctions for frivolous or bad faith protests or willful abuses of the board's process. (Sec. 1439) Adds to FPASA the new definition of "protest" added above under part I, as well as a definition of "prevailing party." (Sec. 1440) Requires the GSA Administrator to collect and compile data on procurement of automatic data processing equipment. Subtitle E: Definitions and Other Matters - Part I: Armed Services Acquisitions - Revises subject agency procurement law: (1) definitions, adding new terms such as "commercial item," "nondevelopmental item," and "simplified acquisition threshold" with cross references to the Office of Federal Procurement Policy Act (OFPPA); and (2) provisions on decisions, while retaining requirements on the form and retention of findings. (Sec. 1502) Consolidates provisions on delegation of procurement functions by the head of a subject agency. (Sec. 1504) Makes technical changes with respect to the limitation on undefinitized contractual actions by subject agencies. (Sec. 1505) Repeals DOD provisions on: (1) production special tooling and production special test equipment; and (2) independent price determination in certain contract solicitations. (Sec. 1506) Gives the Secretary of Defense authority to prescribe regulations on contract bids for a military department. Part II: Civilian Agency Acquisitions - Adds the new terms specified under part I above to FPASA's definitions with cross references to OFPPA. (Sec. 1552) Makes changes parallel to those above concerning procurement function delegation and decisions for civilian agencies. (Sec. 1554) Limits the use of undefinitized contractual actions by civilian agencies. (Sec. 1555) Repeals provisions on Internal Revenue Service procurement of expert and attorney services. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Reorganizes contract financing provisions for subject agencies, consolidating and eliminating those with regard to certain navy contracts which are redundant and obsolete, adding specific policy for contract financing, and revising conditions for progress payments. (Sec. 2002) Repeals DOD vouchering requirements. Part II: Civilian Agency Acquisitions - Makes similar organizational changes with respect to contract financing for executive agencies, adding provisions mirroring those for the military departments which concern action in case of fraud. Subtitle B: Cost Principles - Part I: Armed Services Acquisitions - Amends provisions on allowable contractor costs to: (1) revise congressional reporting requirements with regard to CG's evaluation of DOD's efforts under such provisions to guard against unallowable costs under defense contracts; and (2) raise the threshold for coverage under such provisions to $500,000. (Sec. 2102) Eliminates profit controls on defense contracts during periods of national emergencies. Part II: Civilian Agency Acquisitions - Amends FPASA to replace provisions for executive agencies on allowable contractor costs with provisions nearly identical to those for DOD amended in part I above (and the changes made by such amendments). Part III - Acquisitions Generally - Repeals OFPPA provisions on Government contractor travel expenses. Subtitle C: Audit and Access to Records - Part I: Armed Services Acquisitions - Consolidates and revises authority for subject agency examination of contractor records. Part II: Civilian Agency Acquisitions - Relocates and revises provisions under FPASA for executive agency examination of contractor records, replacing them with provisions nearly identical to those in part I above for subject agencies. Subtitle D: Cost Accounting Standards - Repeals an obsolete deadline under OFPPA for procedures governing actions of the Cost Accounting Standards Board, while retaining provisions authorizing their issuance. Subtitle E: Price, Delivery, and Product Quality - Part I: Armed Services Acquisitions - Repeals special qualification requirements for contractors on aircraft and ship spare parts contracts. (Sec. 2402) Specifies certain guidelines and procedures for inclusion in DOD regulations on contractor guarantees with regard to weapon systems. (Sec. 2403) Repeals army and air force procurement provisions regarding the delivery of subsistence supplies. Part II: Acquisitions Generally - Reorganizes the Anti-Assignment Act, making technical changes and expanding authority to prohibit setoffs against assignees. (Sec. 2452) Amends Federal law to repeal requirements for contract deposit with the General Accounting Office. Subtitle F: Claims and Disputes - Part I: Armed Services Acquisitions - Repeals DOD contract claim certification requirements already slated for repeal under the National Defense Authorization Act for Fiscal Year 1993. (Sec. 2501) Restricts future payment under law of subject agency contract claims. Part II: Acquisitions Generally - Amends FJC to revise provisions regarding Federal court jurisdiction over contract disputes. (Sec. 2552) Amends the Contract Disputes Act of 1978 to: (1) require contractor and Government claims to be submitted for resolution within six years after the event giving rise to the claim; (2) raise thresholds for contracting officer certifications, decisions, and notifications; (3) raise the maximum amount for the small claims procedure; (4) reduce the period for filing claim actions in Claims Court; and (5) provide that claims include certain requests, including those for equitable adjustments to contract terms. Title III: Service Specific and Major System Statutes- Subtitle A: Major Systems Statutes - Modifies requirements with regard to major defense acquisition programs for: (1) independent cost and manpower estimates; and (2) program baseline descriptions and deviation reporting. (Sec. 3003) Repeals the mandate for: (1) Defense Enterprise Programs; and (2) competitive prototyping and alternative sources in major programs. Subtitle B: Testing Statutes - Repeals testing requirements for wheeled or tracked vehicles. (Sec. 3012) Substitutes vulnerability testing requirements for survivability and lethality testing. Authorizes less-than-full-up testing for high-value systems. (Sec. 3013) Authorizes the Secretary to provide for alternative operational testing and evaluation of major programs under certain conditions. (Sec. 3014) Creates a new exception to low-rate initial production requirements for strategic defense missiles. Subtitle C: Service Specific Laws - Consolidates and revises provisions on: (1) DOD and military department mobilization of industry in time of war, procurement for experimental purposes, and acceptance of gratuitous services of reserve officers; (2) availability of DOD and military department materials, information, and services for R&D and testing purposes; (3) the civil reserve air fleet, adding provisions regarding the use of military installations by fleet contractors; and (4) naval vessel fitness and salvage operations. (Sec. 3024) Repeals: (1) duplicative general army and air force (A&A) procurement authority, and authority for production equipment procurement as well; (2) obsolete delegation authority with regard to army rations procurement, and authority for A&A to purchase certain subsistence supplies, obtain assistance from mapping agencies, and reclaim unserviceable ammunition; and (3) various authority and requirements with respect to navy vessels, obsolete navy provisions on guided missiles, and authority for the Secretary of the Navy to provide contractors with relief from losses caused by enemy action and to sell degassing equipment. (Sec. 3034) Authorizes the international exchange of scientific personnel. Subtitle D: Department of Defense Commercial and Industrial Activities - Consolidates and revises authority for having supplies needed by DOD or the military departments made in U.S.-owned factories and arsenals. (Sec. 3052) Repeals requirements on DOD for accounting procedures for contracted advisory and assistance services. Codifies requirements for a separate consulting service category in the national budget. Subtitle E: Fuel- and Energy-Related Laws - Consolidates and revises provisions on contracts for storage, handling, and distribution of liquid fuels, including natural gas under the coverage of such provisions, among other changes. (Sec. 3062) Modifies provisions on DOD acquisition of petroleum, including natural gas under the coverage of such provisions, broadening the Secretary's exchange authority, and adding sales authority. Subtitle F: Fiscal Statutes - Gives DOD the authority to designate disbursing officers within DOD. Subtitle G: Miscellaneous - Amends obligation of funds provisions on production, warehousing, and distribution of supplies, removing certain restrictions. (Sec. 3082) Repeals provisions on aviation encouragement, product evaluation, and milk procurement. (Sec. 3085) Codifies limitations on subject agency vessel, aircraft, and vehicle leases, with modifications. Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws - Subtitle A: Simplified Acquisition Threshold - Part I: Establishment of Threshold - Amends OFPPA to establish a new simplified acquisition threshold (SAT) of $100,000, replacing the current small purchase threshold, for use also under the Small Business Act (SBA). Part II: Simplification of Procedures - Requires simplified procedures under the Federal Acquisition Regulation (FAR) for acquisitions under SAT. (Sec. 4013) Amends OFPPA and SBA to: (1) provide for continuation of existing notice thresholds for procurements over $25,000 (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders in excess of SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000. Part III: Inapplicability of Laws to Acquisitions Not in Excess of Simplified Acquisition Threshold - Amends OFPPA loc suplyto authorize FAR to waive the applicability of future-enacted procurement laws on a class basis for contracts below SAT, unless the provision expressly prohibits such waiver. (Sec. 4031) Exempts: (1) subject agency contracts below SAT from contingent fees certifications, prohibitions on limiting subcontractor direct sales and doing business with certain subcontractors, and requirements for audits, supplier and supply source identification, and use of U.S. vessels for supply transportation; (2) civilian agency contracts below SAT from similar requirements; (3) prime contracts below SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and (4) contracts below SAT from provisions commonly referred to as the Miller Act (MA), the Contract Work Hours and Safety Standards Act, the Drug-Free Workplace Act of 1988, and requirements under the Merchant Marine Act, 1936 to ship on American-Flag commercial vessels. Requires FAR to provide alternatives to payment bonds as payment protections for suppliers of labor and materials on certain contracts under MA. Part IV: Conforming Amendments - Makes certain conforming amendments with respect to armed services and civilian agency acquisitions. Part V: Revision of Regulations - Requires the Federal Acquisition Regulatory Council to review FAR to identify and amend, as appropriate, regulations applicable to acquisitions below SAT. (Sec. 4081) Requires agency heads to take similar action with respect to applicable supplemental regulations, policies, and procedures. Subtitle B: Socioeconomic and Small Business Laws - Exempts contracts for constructing, altering, furnishing, or equipping naval vessels from the Davis-Bacon Act (DBA) or the Service Contract Act of 1965, unless the President determines that it is in the interest of national defense to subject them. (Sec. 4102) Repeals: (1) obsolete reporting requirements under the Trade Agreements Act of 1979 pertaining to procurement of products produced in labor surplus areas; and (2) the Walsh-Healey Act (WHA), other than for certain definitional purposes. Repeals redundant requirements under FPASA regarding DBA and WHA applicability. Prohibits any Federal agency from purchasing any prisoner-made goods whose transportation in interstate commerce or importation is prohibited under Federal criminal laws. Exempts prison goods contracts below SAT from such prohibition. (Sec. 4103) Amends SBA to allow Federal agencies to contract directly with a socially and economically disadvantaged small business, rather than indirectly through the Small Business Administration, unless the business objects. Subtitle C: Miscellaneous Armed Services Acquisition Laws - Repeals several obsolete laws relating to procurement of naval aircraft and components. (Sec. 4152) Prohibits the use of appropriated funds to assist DOD contractors in preparing any material, report, list, or analysis on the economic effect of certain acquisition programs in particular States or congressional districts. (Sec. 4153) States that it is the policy of Congress that no legislation should be enacted that requires subject and civilian agency procurements to be made from a specified non-Federal source, unless the law identifies the non-Federal source involved and states that the procurement is required in contravention of such policy. Title V: Intellectual Property - Subtitle A: Technology Transfer - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to address: (1) copyright protection for computer programs prepared by Federal employees, including those employees working under a cooperative R&D agreement; (2) use of copyrighted works of the Federal Government; and (3) distribution of royalties received by Federal agencies. (Sec. 5004) Amends Federal copyright law to conform to the changes made above with respect to the treatment of copyrighted works. Subtitle B: Government Use of Private Patents, Copyrights and Trade Secrets - Requires the issuance of regulations regarding the circumstances under which a contracting officer may withhold authorization or consent for a contractor to violate private patents in the performance of a contract. Prohibits any injunction from being issued for a violation of a patent right that occurs in the performance of a Federal contract. (Sec. 5012) Repeals navy provisions regarding the purchase of patents, patent applications, and licenses. Authorizes funds appropriated for military departments for purchasing supplies to be used to acquire: (1) technical data and computer software; and (2) releases for unauthorized use of such items. Title VI: Standards of Conduct - Subtitle A: Ethics Provisions - Revises OFPPA procurement integrity recusal, certification, training, and revolving door ban provisions, and adds rules of construction, harmonizes gratuities provisions with Government-wide ethics provisions, and makes changes in definitions under OFPPA's procurement integrity provisions. (Sec. 6002) Amends Federal criminal code financial interest provisions to cover persons who aid or abet violations. (Sec. 6003) Repeals several superseded and obsolete procurement ethics laws, including conflict of interest provisions in the Department of Energy Organization Act. Subtitle B: Additional Amendments - Amends OFPPA to prohibit the use of consultants to conduct evaluations or analyses of any aspect of an acquisition proposal if qualified Federal employees are available for the job. (Sec. 6051) Requires the FAR Council to review Federal regulations on use of advisory and assistance services and provide Federal agencies with appropriate guidance for determining whether expertise is available before contracting for such services to conduct acquisitions. (Sec. 6052) Repeals obsolete requirements for studies and a report on the extent of competition in the award of subcontracts by Federal prime contractors. (Sec. 6053) Doubles the waiting period required before significant changes proposed for acquisition regulations take effect, unless there are compelling circumstances for an earlier effective date. Title VII: Defense Trade and Cooperation - Repeals obsolete and redundant Buy American Act (BAA) provisions, and provisions under the Trade Agreements Act of 1970 relating to studies of BAA waivers. (Sec. 7002) Amends DOD provisions concerning defense memoranda of understanding and related agreements to replace references to such terms with International Cooperative Agreements and to expand the authorized scope of such agreements to cover logistics support. Repeals navy provisions for suspension of construction in case of treaty. (Sec. 7003) Provides for limited waiver of restrictions on accrued reimbursable liabilities and credits for contingency operations. Authorizes the Secretary to furnish or receive communications support and related supplies on a reciprocal basis for a period not to exceed 90 days: (1) in order to meet emerging operational requirements; or (2) incident to a joint military exercise with the allied country. Title VIII: Commercial Items - Amends OFPPA to add new definitions of "commercial item," "nondevelopmental item," "component," and "commercial component." (Sec. 8002) Creates a preference for executive agency acquisition of commercial and other nondevelopmental items. Repeals DOD provisions creating a preference for the acquisition of nondevelopmental items. (Sec. 8003) Requires FAR to include: (1) uniform contract clauses for commercial item and component contracts; (2) requirements pertaining to market acceptance and the use of warranties, firm, fixed price contracts for commercial items, and past performance of items and sources as a factor in awarding contracts; and (3) provisions to permit reliance on existing quality assurance systems for commercial items. Repeals DOD provisions for acquisition of commercial and nondevelopmental items. (Sec. 8004) Authorizes waiver on a class basis in FAR of the applicability of future enacted procurement laws to contracts and subcontracts for the acquisition of commercial items. (Sec. 8005) Provides for exemptions from requirements similar to those above under part III of subtitle A of title IV of this Act with respect to subject and civilian agency contracts for commercial items, and from requirements under the Federal Aviation Act of 1958, Federal Water Pollution Control Act, Clean Air Act, and OFPPA's procurement integrity certification provisions. (Sec. 8006) Amends OFPPA to authorize greater flexibility in setting deadlines for the submission of offers in contracts for the purchase of commercial items. (Sec. 8007) Establishes in the Office of Federal Procurement Policy the Advocate for Acquisition of Commercial and Nondevelopmental Items (replacing the current Advocate for the Acquisition of Commercial Products) for monitoring agency compliance with preference requirements and other duties regarding the acquisition of commercial and other nondevelopmental items. Gives agency competition advocates the added responsibility of promoting the acquisition of commercial and other nondevelopmental items. (Sec. 8009) Requires a CG review of Federal market research use for a report to the Congress. Title IX: Effective Date - Provides that the amendments made by this Act are effective upon enactment, except as otherwise provided.

Bill· HRH.R. 3134 (103rd)referred

Aviation Security Improvement Act of 1993

United States · United States Congress · 27 September 1993

Aviation Security Improvement Act of 1993 - Amends the Federal Aviation Act of 1958 to require the operator of each major airport to use dogs in screening passengers and cargo for the purpose of detecting plastic explosives and other materials which may be used in aircraft piracy and which cannot be detected by metal detectors. Amends the Airport and Airway Improvement Act of 1982 to change from discretionary to mandatory the Secretary of Transportation's authority to make grants for the training and evaluation of dogs for the explosive detection K-9 team training program for detecting explosives at airports and aboard aircraft. Requires the Secretary to extend such program to the largest 50 airports, as determined by the number of passenger enplanements in 1992. Authorizes appropriations.

Bill· SS. 1491 (103rd)open

Federal Aviation Administration Authorization Act of 1994

United States · United States Congress · 24 September 1993

Federal Aviation Administration Authorization Act of 1993 - Amends the Airport and Airway Improvement Act of 1982 (the Act) to authorize appropriations for FY 1994 for airport development and airport planning projects. Earmarks specified amounts to a discretionary fund under certain circumstances. (Sec. 3) Makes the acquisition or installation by a public-use airport of explosive detection devices and universal access systems an "airport development" activity. (Sec. 4) Authorizes the Secretary of Transportation (Secretary) to continue issuing letters of intent with respect to the obligation of funds for airport development projects. (Sec. 5) Directs the Secretary to establish a program to purchase and reserve an inventory of precision approach instrument landing system equipment for installation at airports. Prohibits the use of airway improvement funds for the development or procurement of microwave landing systems, except as necessary to meet Government contracts in effect on January 1, 1994. (Sec. 7) Amends the Federal Aviation Act of 1958 to authorize the Administrator of the Federal Aviation Administration (FAA) to provide safety-related training and operational services to foreign aviation authorities, with or without reimbursement, if such services promote aviation safety. Authorizes the Administrator to collect fees for providing as a service any test, authorization, certificate, permit, rating, evaluation, approval, or review outside of the United States. (Sec. 9) Directs the Administrator to review the FAA's personnel administration, procurement process, and overall organization structure. (Sec. 11) Prohibits the Administrator of the FAA from publishing, or contracting with any other organization for the publishing of, the "Aviation Safety Journal." (Sec. 12) Amends the Federal Aviation Act of 1958 to prohibit the Secretary from taking a slot at a high density airport from a domestic air carrier and awarding it to a foreign air carrier if it is determined that domestic air carriers are not provided equivalent rights of access to the foreign air carrier's airport. (Sec. 13) Prohibits an air carrier from terminating air transportation to any point unless it gives at least 60 days notice to the Secretary, appropriate State agency, and each affected community. Sets forth civil penalties for violating this prohibition. (Sec. 14) Authorizes the Administrator to enter into cooperative agreements with Federal and non-Federal entities to promote aviation research, engineering, and development, including the development of prototypes and demonstration models. (Sec. 15) Directs the Secretary to study the safety of the approaches to the Juneau International Airport, Alaska. (Sec. 16) Authorizes the Secretary to grant releases from any of the terms, conditions, reservations, and restrictions contained in the conveyance of certain U.S. property to the city of Soldotna, Alaska, for airport purposes.

Bill· SS. 1488 (103rd)open

Violent Crime Control and Law Enforcement Act of 1993

United States · United States Congress · 23 September 1993

TABLE OF CONTENTS: Title I: Public Safety and Policing Title II: Death Penalty Title III: Habeas Corpus Reform Title IV: Gun Crime Penalties Title V: Obstruction of Justice Title VI: Youth Violence Subtitle A: Increased Penalties for Drug Trafficking and Criminal Street Gangs Subtitle B: Juvenile Drug Trafficking and Gang Prevention Grants Subtitle C: Bindover System for Certain Violent Juveniles Title VII: Terrorism Subtitle A: Maritime Navigation and Fixed Platforms Subtitle B: General Provisions Title VIII: Sexual Violence and Child Abuse Subtitle A: Sexual Abuse Subtitle B: Child Protection Subtitle C: Crimes Against Children Title IX: Crime Victims Subtitle A: Victims' Rights Subtitle B: Crime Victims' Fund Title X: State and Local Law Enforcement Subtitle A: DNA Identification Subtitle B: Department of Justice Community Substance Abuse Prevention Subtitle C: Racial and Ethnic Bias Study Grants Title XI: Provisions Relating to Police Officers Subtitle A: Law Enforcement Family Support Subtitle B: Police Pattern or Practice Subtitle C: Police Corps and Law Enforcement Officers Training and Education Subtitle D: Study Rights of Police Officers Title XII: Drug Court Programs Title XIII: Prisons Subtitle A: Federal Prisons Subtitle B: State Prisons Title XIV: Rural Crime Subtitle A: Fighting Drug Trafficking in Rural Areas Subtitle B: Drug Free Truck Stops and Safety Rest Areas Title XV: Drug Control Subtitle A: Increased Penalties Subtitle B: Precursor Chemicals Act Subtitle C: General Provisions Title XVI: Drunk Driving Provisions Title XVII: Commissions Subtitle A: Commission on Crime and Violence Subtitle B: National Commission to Study the Causes of the Demand for Drugs in the United States Subtitle C: National Commission to Support Law Enforcement Title XVIII: Bail Posting Reporting Title XIX: Motor Vehicle Theft Prevention Title XX: Protections for the Elderly Title XXI: Consumer Protection Title XXII: Financial Institution Fraud Prosecution Title XXIII: Savings and Loan Prosecution Task Force Title XXIV: Sentencing Provisions Title XXV: Sentencing and Magistrates Amendments Title XXVI: Computer Crime Title XXVII: International Parental Kidnapping Title XXVIII: Safe Schools Title XXIX: Miscellaneous Subtitle A: Increases in Penalties Subtitle B: Extension of Protection of Civil Rights Statutes Subtitle C: Audit and Report Subtitle D: Gambling Subtitle E: White Collar Crime Amendments Subtitle F: Safer Streets and Neighborhoods Subtitle G: Other Provisions Title XXX: Technical Corrections Violent Crime Control and Law Enforcement Act of 1993 - Title I: Public Safety and Policing - Public Safety Partnership and Community Policing Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Attorney General to make grants and provide technical assistance to units of State and local government, and to other public and private entities, to increase police presence (including the rehiring of law enforcement officers laid off as a result of State and local budget reductions, as well as the hiring of new, additional career law enforcement officers, for deployment in community-oriented policing), expand and improve cooperative efforts between law enforcement agencies (LEAs) and members of the community, and otherwise enhance public safety. Sets forth matching fund, application, and related requirements. Authorizes appropriations. Title II: Death Penalty - Federal Death Penalty Act of 1993 - Amends the Federal criminal code to provide for imposition of the death penalty for various offenses, including: (1) murder by a Federal prisoner; (2) civil rights murders; (3) drive-by shootings and carjackings resulting in death; (4) foreign murder of U.S. nationals; (5) rape and child molestation murders; (6) gun murders during Federal crimes of violence and drug trafficking crimes; and (7) murder in the course of alien smuggling. (Sec. 202) Sets forth procedures for the imposition, implementation, and review of such sentence. Limits mitigating factors (such as impaired capacity, duress, minor participation, and victim's consent) and aggravating factors (such as involvement of a firearm or previous conviction of a violent felony involving a firearm, previous conviction of other serious offenses, vulnerability of victim, and continuing criminal enterprise involving drug sales to minors). Requires a special hearing to determine whether a death sentence is justified. Directs the court to instruct the jury not to consider the race, color, religious beliefs, national origin, or sex of the defendant or of any victim. Prohibits the execution of a woman while she is pregnant and of a person who is mentally retarded. Title III: Habeas Corpus Reform - Habeas Corpus Reform Act of 1993 - Amends the Federal judicial code to impose a 180-day limitations period for the filing of Federal habeas corpus petitions, applicable in both capital and non-capital cases in which the State has offered the petitioner counsel for State post-conviction review, which begins from the time the petitioner's conviction becomes final on State direct review. Tolls such period while the petitioner pursues State post-conviction remedies, unless the petitioner fails to initiate post-conviction review within 270 days in capital cases or 180 days in non-capital cases. Provides for a one-time 60-day extension of the period upon a showing of good cause. (Sec. 303) Provides an automatic stay of execution in capital cases through the consideration of the first Federal habeas corpus petition. Permits a stay of execution to be granted thereafter only if the petition on its face satisfies the requirements for successive petitions. (Sec. 304) Prohibits a Federal court from announcing or applying a new rule to grant relief to a habeas corpus petitioner, except where the new rule places a class of individual conduct beyond the power of the criminal lawmaking authority to proscribe or prohibits the imposition of a certain type of punishment for a class of persons because of their status or offense, or constitutes a watershed rule of criminal procedure implicating the fundamental fairness and accuracy of the criminal proceeding. Codifies case law providing for an independent Federal habeas corpus review of claims under Federal law, except for fourth amendment exclusionary rule claims. Specifies that the State bears the burden of proving harmless error in Federal habeas corpus review of State criminal convictions. (Sec. 305) Sets forth provisions regarding: (1) limits on successive petitions (allows a prisoner to bring a second or subsequent petition only upon a showing of cause for not having brought the claim before and prejudice if the claim is not heard); and (2) new evidence (allows prisoners in capital cases to present claims of actual innocence based on newly discovered evidence that the petitioner did not previously know about). (Sec. 308) Sets standards and procedures for the provision of counsel for indigent defendants at all stages of State capital litigation. Requires each State in which a sentence of death may be imposed to establish a State counsel certification authority, comprised of members of the State's criminal defense bar, to create a roster of qualified lawyers eligible for court appointment and monitor the performance of attorneys so certified. (Sec. 309) Amends the Omnibus Act to require the Director of the Bureau of Justice Assistance (BJA) to make grants to States to help fund the provision of defense counsel. Authorizes: (1) Federal grants of up to 75 percent of the additional costs imposed by the new counsel requirements during the first three years following enactment of this title and 50 percent thereafter; and (2) grants for the prosecution of Federal habeas corpus cases in an amount equal to that allocated to capital resource centers. Title IV: Gun Crime Penalties - Directs the U.S. Sentencing Commission to amend its sentencing guidelines to enhance the penalty for: (1) use of a semiautomatic firearm during a crime of violence or a drug trafficking crime; (2) a second offense of using an explosive to commit a Federal felony; (3) use of a firearm in the commission of counterfeiting or forgery; and (4) firearms possession by violent felons and serious drug offenders. (Sec. 403) Prohibits and sets penalties for: (1) smuggling firearms in aid of drug trafficking; (2) theft of firearms and explosives; (3) the transfer of firearms to a nonresident of a State, except for lawful sporting purposes; (4) conspiracies to commit firearms and explosives crimes; and (5) the distribution of explosives to a person who is legally disqualified from having the explosives. (Sec. 405) Mandates the revocation of: (1) supervised release and the institution of a prison term for a defendant who possesses a controlled substance or firearm in violation of a condition of such release, or who refuses to cooperate with drug testing; and (2) probation for possession of a controlled substance or firearms in violation of a condition of probation, or who refuses to cooperate with drug testing. (Sec. 407) Increases the penalty for: (1) knowingly making a false, material statement in connection with the acquisition of a firearms from a licensed dealer; and (2) interstate gun trafficking. Title V: Obstruction of Justice - Increases the penalties for threats and intimidation of jurors and court officers, obstruction of justice, and attempted retaliatory killings of witnesses, victims, and informants. (Sec. 501) Provides the death penalty for: (1) the murder of jurors and court officers; (2) retaliatory killings of witnesses, victims, and informants; (3) the murder of State officials working with Federal law enforcement officials in connection with Federal criminal investigations; and (4) the murder of Federal witnesses. (Sec. 503) Creates an exception to current law requiring that persons charged with capital offenses be furnished with a list (with addresses) of veniremen and witnesses, if the court finds by a preponderance of the evidence that providing such list may jeopardize the life or safety of any person. Title VI: Youth Violence - Subtitle A: Increased Penalties for Drug Trafficking and Criminal Street Gangs - Amends: (1) the Controlled Substances Act (CSA) to increase penalties for employing children to distribute drugs or avoid apprehension for a drug offense; and (2) the Federal criminal code to provide for imprisonment of up to ten years for a gang member or person acting on behalf of a criminal street gang who commits a Federal drug or violent crime offense and who has had a prior drug or crime of violence conviction, with the penalty to run consecutively to any other sentence imposed. Subtitle B: Juvenile Drug Trafficking and Gang Prevention Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants for: (1) programs to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles; (2) public or non-profit private organizations or individuals to identify promising new juvenile drug reduction and enforcement programs; and (3) public or non-profit private organizations or individuals to support promising new programs that specifically address the unique crime, drug, and alcohol related challenges faced by juveniles living at or near international ports of entry and in other international border communities. Authorizes appropriations. Subtitle C: Bindover System for Certain Violent Juveniles - Amends the Omnibus Act to authorize grants for bindover systems for the prosecution of 16- and 17-year-olds as adults for certain violent crimes (first- and second-degree murder, attempted murder, armed robbery with a firearm, aggravated battery or assault with a firearm, criminal sexual penetration when armed with a firearm, and drive-by shooting). Title VII: Terrorism - Subtitle A: Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to prohibit and set penalties for the seizure of a ship or fixed platform by force, an act of violence against a person aboard, damage or destruction, or the injuring or killing of a person in connection with such activities. Provides the death penalty where death results. Subtitle B: General Provisions - Provides the death penalty where death results from the use of a weapon of mass destruction. (Sec. 714) Extends: (1) the application of State, territory, or district law for offenses committed in territorial waters not otherwise committed within a State's territory or district; (2) special maritime and territorial jurisdiction to offenses committed by or against a U.S. national during a voyage on a foreign vessel scheduled to depart from or arrive in the United States; and (3) the statute of limitations to ten years for certain terrorist offenses. (Sec. 716) Provides: (1) the death penalty for the commission of torture outside the United States and for the killing of a U.S. national outside the country; (2) the Federal Bureau of Investigation (FBI) with access to telephone subscriber information if the Director or Deputy Assistant Director certifies that such information is relevant to a foreign counterintelligence investigation and that it pertains to an agent of a foreign power; and (3) criminal penalties for willful violations of airport or airline security regulations. (Sec. 719) Prohibits: (1) acts of terrorism at U.S. international airports (and provides the death penalty where death results); and (2) counterfeiting U.S. currency abroad (and sets penalties). Enhances penalties for any felony that involves or is intended to promote international terrorism. Sets penalties for those who provide material support to terrorists. (Sec. 722) Creates an Economic Terrorism Task Force. (Sec. 725) Amends the Immigration and Nationality Act to authorize the Attorney General to grant a nonimmigrant visa to an alien who possesses critical information about a criminal organization and whose presence in the United States is essential to an investigation or prosecution of such organization. Title VIII: Sexual Violence and Child Abuse - Subtitle A: Sexual Abuse - Amends the Federal criminal code to include within the definition of "sexual act" the intentional touching, not through the clothing, of the genitalia of another person who has not attained age 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. Subtitle B: Child Protection - National Child Protection Act of 1993 - Provides for the establishment of a national background check system whereby child care organizations can determine whether prospective employees have histories of child abuse or other serious crimes. Requires State to have at least 80 percent currency of crime cases in their systems within three years. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to begin a study of child abusers' criminal records. (Sec. 816) Amends the Omnibus Act to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this subtitle. Subtitle C: Crimes Against Children - Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring any person convicted of a criminal offense against a victim who is a minor to register a current address with a designated State LEA for ten years after release from prison or being placed on parole or supervised release. Subjects to criminal penalties a person required to register under a State program who knowingly fails to register and keep such registration current. (Sec. 823) Specifies that the allocation of BJA grant funds (under the Omnibus Act) received by a State not complying with provisions of this Act three years after its enactment shall be reduced by ten percent, with the unallocated funds to be reallocated to the States in compliance with this Act. Title IX: Crime Victims - Subtitle A: Victims' Rights - Amends Rule 32 of the Federal Rules of Criminal Procedure to give victims of violent crimes and sexual abuse the right to address the court concerning the sentence to be imposed on convicted offenders. Permits such right to be exercised by a parent or guardian if the victim is under 18, or by one or more family members if the victim is deceased or incapacitated. (Sec. 902) Requires courts to order criminal defendants who are convicted to pay restitution to victims. Specifies that a restitution order shall constitute a lien against real or personal property. Subtitle B: Crime Victims' Fund - Amends the Victims of Crime Act of 1984 to provide that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal, or a federally financed State or local, program would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program. (Sec. 913) Allows: (1) up to five percent of a victim compensation or assistance program grant to be used for administrative costs; and (2) the Director of the Office for Victims of Crime to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year. (Sec. 917) Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds. Title X: State and Local Law Enforcement - Subtitle A: DNA Identification - DNA Identification Act of 1993 - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Authorizes appropriations. (Sec. 1003) Requires the Director of the FBI to appoint an advisory board on DNA quality assurance methods and issue standards for quality assurance. (Sec. 1004) Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, and of analyses of DNA samples recovered from crime scenes and from unidentified human remains. (Sec. 1005) Sets forth proficiency testing and privacy protection requirements, and penalties for violations. (Sec. 1006) Authorizes appropriations. Subtitle B: Department of Justice Community Substance Abuse Prevention - Department of Justice Community Substance Abuse Prevention Act of 1993 - Amends the Omnibus Act to authorize the Attorney General to make grants to eligible coalitions to develop and implement substance abuse prevention programs, with the efforts of such coalitions involving substantial community participation. Grants priority to communities providing evidence of significant abuse. Authorizes appropriations. Subtitle C: Racial and Ethnic Bias Study Grants - Authorizes the Attorney General to make grants to States that have established, by State law or the court of last resort, plans for analyzing the role of race in their criminal justice systems. Requires State plans to include recommendations designed to correct any findings of racial and ethnic bias. Authorizes appropriations. Title XI: Provisions Relating to Police Officers - Subtitle A: Law Enforcement Family Support - Amends the Omnibus Act to: (1) require the Director of the BJA to establish guidelines and oversee the implementation of family-friendly policies in law enforcement divisions of the Department of Justice (DOJ), identify model programs that provide support to law enforcement families, and provide technical assistance for stress reduction and family support efforts by State and local LEAs; and (2) authorize the Director to make grants to States and local LEAs and organizations representing State or local law enforcement personnel to provide family support services to law enforcement personnel. Authorizes appropriations. Subtitle B: Police Pattern or Practice - Prohibits any governmental authority, or any agent or person acting on behalf of such authority, from engaging in a pattern or practice of conduct by law enforcement officers that deprives persons of their constitutional or Federal rights. Authorizes the Attorney General to bring a civil action against such officers to eliminate such practices. (Sec. 1112) Directs the Attorney General to acquire data about the use of excessive force by law enforcement officers. Subtitle C: Police Corps and Law Enforcement Officers Training and Education - Chapter 1: Police Corps - Police Corps Act - Establishes in DOJ an Office of the Police Corps and Law Enforcement Education, headed by a Director. Authorizes the Director to award college and graduate school scholarships (of up to $30,000 per student) in exchange for four years work with a State or local police force upon graduation. Requires participants who do not follow through on their commitment to pay back all the scholarship money plus ten percent interest. (Sec. 1127) Sets forth provisions regarding: (1) selection and training of participants; (2) swearing in, discipline, and layoffs; (3) State plan requirements; and (4) assistance to States and localities employing police corps officers. Authorizes appropriations. Chapter 2: Law Enforcement Scholarship Program - Law Enforcement Scholarships and Recruitment Act - Requires the Director to provide scholarships for in-service law enforcement personnel who seek further education, allotting 80 percent of funds based on the relative number of law enforcement officers per State and 20 percent based on the relative shortage of officers. Provides grants for summer jobs or part-time jobs during the year for high school students interested in law enforcement careers. Authorizes appropriations. Subtitle D: Study Rights of Police Officers - Directs the Attorney General to conduct a study of the procedures followed in internal, noncriminal investigations of State and local law enforcement officers to determine if such investigations are conducted fairly and effectively. Title XII: Drug Court Programs - Amends the Omnibus Act to authorize the BJA to make grants to States: (1) for drug testing upon arrest and on a regular basis pending trial for the purpose of making pretrial detention decisions; (2) to develop alternative methods of punishment for young offenders to traditional forms of incarceration and probation; and (3) for residential substance abuse treatment programs in State prisons. Authorizes appropriations. Title XIII: Prisons - Subtitle A: Federal Prisons - Amends the Federal criminal code to: (1) prohibit the Bureau of Prisons from showing favoritism to prisoners of high social or economic status in designating their place of imprisonment; and (2) require that any submission of legislation by the judicial or executive branch that might affect prison populations be accompanied by an impact statement (and requires the Attorney General to prepare and transmit to the Congress annual prison impact assessments). (Sec. 1303) Federal Prisoner Drug Testing Act of 1993 - Requires the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of Federal offenders on post-conviction release. (Sec. 1304) Drug Treatment in Federal Prisons Act of 1993 - Establishes a schedule for the Bureau of Prisons to place all eligible prisoners into residential substance abuse treatment programs for between nine and 12 months, in facilities separate from the general prison population. Specifies that prisoners who successfully complete such programs could be released up to a year early. Authorizes appropriations. Subtitle B: State Prisons - Authorizes the Attorney General to make grants to States and to multi-State compact associations for the development and operation of boot camp prisons (for prisoners not convicted of violent felonies, providing a highly regimented schedule of strict discipline, physical training, and work, as well as remedial education and treatment for substance abuse) and regional prisons (for violent offenders with serious substance abuse problems). Specifies that grants may support the activation of boot camp and regional prison facilities already constructed by State or local governments, and shall support aftercare services (to reduce the likelihood of repeat criminality following release). Authorizes appropriations. (Sec. 1323) Requires the Director of the National Institute of Justice to study: (1) the feasibility of establishing an information clearinghouse to facilitate the interstate transfer of prisoners to facilities near their families; (2) the recidivism rates of persons who were under the influence of alcohol at the time they committed their crimes, comparing recidivism rates of those who participated in a residential treatment program while in custody with those who did not; and (3) the use of alcohol, alone or in combination with other drugs, as a factor in criminal activity. (Sec. 1324) Requires the Bureau of Prisons to notify State and local law enforcement authorities concerning the release or relocation to their areas of Federal offenders under post-release supervision, with respect to prisoners convicted of drug trafficking and violent crimes. Title XIV: Rural Crime - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. (Sec. 1402) Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. (Sec. 1403) Authorizes the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. (Sec. 1404) Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Drug Free Truck Stops and Safety Rest Areas - Drug Free Truck Stop Act - Amends the CSA to enhance penalties for drug distribution at or near truck stops and safety rest areas. Title XV: Drug Control - Subtitle A: Increased Penalties - Amends: (1) the Federal criminal code to enhance penalties for drug trafficking and illegal drug use in prisons; (2) the Tariff Act of 1930 to make the penalty for failure to declare a controlled substance 1,000 percent of the value of the article (as under current law) or $500, whichever is greater; and (3) the CSA to enhance penalties for drug dealing in or near public housing authority facilities, and to set penalties for any physical trainer or adviser who endeavors to persuade or induce an individual to possess or use anabolic steroids in violation of such Act. (Sec. 1505) Directs the Sentencing Commission to amend the sentencing guidelines to increase penalties for drug-dealing in "drug-free" zones. Subtitle B: Precursor Chemicals Act - Chemical Control Amendments Act of 1993 - Amends the CSA to impose registration requirements for precursor chemicals. (Sec. 1514) Requires manufacturers to submit annual reports concerning listed chemicals manufactured during the year. (Sec. 1515) Amends the Controlled Substances Import and Export Act to: (1) subject brokers and traders to the same recordkeeping and reporting requirements for international transactions, and the same criminal penalties, as exporters; (2) authorize the Attorney General to require that the 15-day advance notice requirement with respect to the importation and exportation of listed chemicals apply to all exports of specific listed chemicals to specified countries, regardless of the status of certain customers in such countries as regular customers, if necessary to support effective diversion control programs or as required by treaty; and (3) establish criminal penalties for attempting to evade reporting requirements and for smuggling listed drugs. (Sec. 1519) Grants the Attorney General the same inspection authority for listed chemicals as presently exists with respect to controlled substances. (Sec. 1521) Makes it a felony to violate the Solid Waste Disposal Act in the handling of chemicals used to illegally manufacture a controlled substance. Requires that violators be assessed costs of the initial cleanup an disposal of the listed chemical and contaminated property and the costs of restoring property damaged by exposure to such chemical. Subtitle C: General Provisions - Prohibits advertising which aims to illegally solicit or sell drugs. (Sec. 1535) Includes among the long-term goals of the National Drug Control Strategy making drug treatment available to all who need it. (Sec. 1536) Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to issue regulations requiring employees to report to law enforcement authorities the discovery of illegal drugs or amounts of cash over $10,000 in airport security screenings. Title XVI: Drunk Driving Provisions - Drunk Driving Child Protection Act of 1993 - Amends the Federal criminal code to provide supplementary prison terms and fine authorizations in cases where drunk driving endangers or injures a person under 18 years of age. (Sec. 1603) Expresses the sense of the Congress that in determining child custody and visitation rights the courts should consider the history of drunk driving of anyone involved in the determination. Title XVII: Commissions - Subtitle A: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to develop a comprehensive crime control plan for the 1990's. Subtitle B: National Commission to Study the Causes of the Demand for Drugs in the United States - National Commission to Study the Causes of the Demand for Drugs in the United States - Establishes a National Commission to Study the Causes of the Demand for Drugs in the United States. Subtitle C: National Commission to Support Law Enforcement - National Commission to Support Law Enforcement Act - Establishes a National Commission to Support Law Enforcement. Title XVIII: Bail Posting Reporting - Illegal Drug Profits Act of 1993 - Requires State and Federal criminal court clerks to report to the Internal Revenue Service (IRS) and prosecutors the name and taxpayer identification number of anyone accused of a drug, money laundering, or racketeering crime who posts cash bail exceeding $10,000. Title XIX: Motor Vehicle Theft Prevention - Motor Vehicle Theft Prevention Act - Directs the Attorney General to develop a national voluntary motor vehicle theft prevention program which would involve placing identifiable decals on the vehicles of consenting owners, whereby such vehicles could then be stopped by law enforcement officers upon a reasonable suspicion that the vehicles were not being operated by or with the consent of their owners. (Sec. 1903) Prohibits and sets penalties for tampering with the decals, with exceptions. Title XX: Protections for the Elderly - Directs the Attorney General to make grants in support of programs to protect and locate missing patients with Alzheimer's disease and related dementias. Authorizes appropriations. (Sec. 2002) Directs the Sentencing Commission to ensure that the sentences for those convicted of crimes of violence against elderly victims be sufficiently stringent to deter such crimes, protect the public from additional crimes of such a defendant, and provide enhanced penalties under specified criteria. Title XXI: Consumer Protection - Amends the Federal criminal code to set penalties for insurance industry crimes, including embezzling from insurance companies, making false entries in insurance company books with intent to deceive, and corruptly influencing or obstructing proceedings before State insurance regulatory agencies or insurance examiners. Prohibits persons convicted of criminal felonies involving dishonesty or breach of trust from engaging in the insurance business without the written consent of an insurance regulatory official authorized to regulate the insurer. (Sec. 2102) Consumer Protection Against Credit Card Fraud Act of 1993 - Prohibits the sale of credit cards without credit card company authorization, fraudulent receipt of payments via credit card for goods never received or inferior to those promised, and laundering of credit card receipts. (Sec. 2103) Extends the mail fraud statute to include mail sent by private interstate carriers. Title XXII: Financial Institution Fraud Prosecutions - Financial Institutions Fraud Prosecution Act of 1991 (sic) - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to disqualify certain persons with criminal records from participating in the affairs of insured depository institutions and credit unions. (Sec. 2204) Amends the Crime Control Act of 1990 to encourage the Attorney General to report to the Congress on the collapse of private insurance deposit corporations. Title XXIII: Savings and Loan Prosecution Task Force - Directs the Attorney General to establish within DOJ a savings and loan criminal fraud task force to prosecute those criminal cases involving savings and loan institutions. Title XXIV: Sentencing Provisions - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission. (Sec. 2403) Directs the court to revoke a term of supervised release and require the defendant to serve in prison all or part of the term of release authorized by statute for the offense that resulted in such term, without credit for time previously served on post-release supervision, if the court finds that the defendant violated a condition of supervised release, subject to specified limitations. Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to such expiration, a warrant or summons has been issued on the basis of an allegation of such a violation. Title XXV: Sentencing and Magistrates Amendments - Permits concurrent sentencing of a defendant to imprisonment and probation for petty offenses. (Sec. 2502) Authorizes the trial of petty offenses by magistrate judges. Title XXVI: Computer Crime - Computer Abuse Amendments Act of 1993 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes it a misdemeanor to recklessly transmit a destructive computer program or code. Creates a civil cause of action for persons suffering damage or loss by virtue of a violation of this Act. Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Title XXVII: International Parental Kidnapping - International Parental Kidnapping Crime Act of 1993 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. (Sec. 2703) Authorizes appropriations to carry out under the State Justice Institute Act of 1984 national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Title XXVIII: Safe Schools - Safe Schools Act of 1993 - Amends the Omnibus Act to: (1) authorize the Director of the BJA to make grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence; and (2) require the Director to develop a written safe schools model in English and in Spanish and make such model available to any such agency that requests it. Authorizes appropriations. Title XXIX: Miscellaneous - Subtitle A: Increases in Penalties - Increases penalties for assault: (1) of Federal officers, foreign officials, and official guests and internationally protected persons; (2) within a maritime and territorial jurisdiction; and (3) of the President, presidential staff, congressional leaders, cabinet officials, and Supreme Court justices. (Sec. 2902) Increases the maximum penalties for voluntary and involuntary manslaughter. (Sec. 2903) Broadens the scope and increases the penalties for conspiracies to deprive persons of their civil rights. (Sec. 2904) Increases penalties for: (1) trafficking in counterfeit goods and services; (2) conspiracy to commit murder for hire; and (3) Travel Act violations. Subtitle B: Extension of Protection of Civil Rights Statutes - Extends the protections of the criminal civil rights statute to any person in a State. (Currently, the statute only covers State "inhabitants.") Subtitle C: Audit and Report - Directs the Attorney General to: (1) require State and local LEAs to annually audit and detail the uses and expenses to which forfeiture funds were dedicated and the amount used for each use or expense; and (2) report to the Congress on the administrative and contracting expenses paid from the DOJ Assets Forfeiture Fund. Subtitle D: Gambling - Grants a State gaming enforcement office located within a State Attorney General's office access to FBI criminal history record information for licensing purposes. Subtitle E: White Collar Crime Amendments - Establishes penalties for knowingly receiving the proceeds of: (1) extortion; (2) a kidnapping; and (3) a postal robbery. (Sec. 2943) Extends the prohibition against obstructing civil investigative demands to include obstruction in racketeering and false claims investigations. Subtitle F: Safer Streets and Neighborhoods - Safer Streets and Neighborhoods Act of 1993 - Amends the Omnibus Act to authorize the Director of the BJA to make grants to, or enter into contracts with, non-Federal public or private agencies, institutions, or organizations to carry out specified purposes of such Act (current law does not specify "non-Federal"), effective October 1, 1993. Subtitle G: Other Provisions - Authorizes the venue for espionage and related offenses to be in the District of Columbia or in any other district authorized by law. (Sec. 2963) Amends the Anti-Drug Abuse Act to make amendments with respect to certain IRS undercover operations effective from the date of this Act's enactment through December 31, 1994. (Sec. 2964) Directs the Attorney General and the Secretary of Health and Human Services to report to the Congress on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of the syndrome has been held to be admissible as evidence of guilt or as a defense in a criminal trial. (Sec. 2966) Amends the Federal criminal code to set penalties for: (1) the theft of major art works from museums; (2) misuse of the words "Drug Enforcement Administration" or the initials "DEA"; and (3) attempted robbery, kidnapping, smuggling, and property damage offenses. (Sec. 2971) Extends the statute of limitations for arson. Title XXX: Technical Corrections - Makes technical corrections to various criminal law provisions.

Bill· SS. 1469 (103rd)open

Air Service Termination Notice Act of 1993

United States · United States Congress · 20 September 1993

Air Service Termination Notice Act of 1993 - Amends the Federal Aviation Act of 1958 to prohibit an air carrier (except in a sudden and unforeseen financial emergency) from terminating air service to any point without first giving the Secretary of Transportation, appropriate State agency, and affected community at least 90 days' notice before such termination. Sets forth civil penalties for violation of this prohibition.

Bill· HRH.R. 3087 (103rd)open

General Aviation Revitalization Act of 1993

United States · United States Congress · 15 September 1993

General Aviation Revitalization Act of 1993 - Amends the Federal Aviation Act of 1958 to set forth a 15-year statute of limitations within which a person may bring a civil action against an aircraft manufacturer for damages for death or injury or damage to property arising from an aircraft accident.

Law· SS. 1458 (103rd)enacted

General Aviation Revitalization Act of 1994

United States · United States Congress · 14 September 1993

General Aviation Revitalization Act of 1993 - Amends the Federal Aviation Act of 1958 to set forth a 15-year statute of limitations within which a person may bring a civil action against an aircraft manufacturer for damages for death or injury or damage to property arising from an aircraft accident.

Bill· HRH.R. 2974 (103rd)open

Disaster Relief Trust Fund Act of 1993

United States · United States Congress · 6 August 1993

Disaster Relief Trust Fund Act of 1993 - Amends the Internal Revenue Code to establish the Disaster Relief Trust Fund to make expenditures for Federal disaster relief programs. Authorizes the transfer of amounts from such Trust Fund to make certain repayments and credits with respect to nontaxable uses of fuel. Increases the rate of the excise tax on gasoline, diesel and special fuels, and aviation fuels through the establishment of the Disaster Relief Trust Fund financing rate applicable to such fuels. Transfers such taxes to the Trust Fund. Establishes a disaster relief surtax for corporate and noncorporate taxpayers. Requires the Secretary of the Treasury to estimate such tax so as to provide the Trust Fund with a specific amount of revenue. Provides for the transfer of surplus crop loss assistance and surplus price support funds to the Trust Fund. Suspends the imposition of taxes and the transfers required under this Act when the Secretary determines that the Trust Fund is adequately funded. Requires the Director of the Federal Emergency Management Agency to report to the Congress on insurance programs which provide coverage for losses due to disasters of the types that have been the subject of presidential disaster declarations in the last 25 years.

Bill· HRH.R. 2985 (103rd)open

To direct the Administrator of the Federal Aviation Administration to issue regulations relating to recirculation of fresh air in commercial aircraft, and for other purposes.

United States · United States Congress · 6 August 1993

Directs the Administrator of the Federal Aviation Administration (FAA) to issue regulations which: (1) require domestic and foreign aircraft to have a ventilation system which provides not less than 20 cubic feet of fresh air per minute per person in the cabin; and (2) provide for monitoring recirculating air filters to ensure that they are changed when needed, maintaining a minimum standard of humidity in the aircraft's cabin, and monitoring the ozone levels in the cabin to assure compliance with current regulations. Requires the Administrator of the FAA to establish a toll-free telephone number system for receiving telephone calls to report illnesses relating to aircraft travel.

Bill· SS. 1356 (103rd)open

Neighborhood Security Act of 1993

United States · United States Congress · 4 August 1993

TABLE OF CONTENTS: Title I: Safe Streets Subtitle A: Police Subtitle B: Prisons Title II: Safe Schools Title III: Criminal Aliens and Alien Smuggling Subtitle A: Deportation of Criminal Aliens Subtitle B: Prevention and Punishment of Alien Smuggling Subtitle C: Border Patrol Title IV: Gangs, Juveniles, Drugs, and Prosecutors Subtitle A: Criminal Youth Gangs Subtitle B: Gang Prosecution Title V: Drug Control and Rural Crime Subtitle A: Drug Trafficking in Rural Areas Subtitle B: Rural Drug Prevention and Treatment Subtitle C: Rural Areas Enhancement Subtitle D: Chemical Control Subtitle E: Personnel Title VI: Punishment and Deterrence Subtitle A: Death Penalty Subtitle B: Equal Justice Act Subtitle C: Enhanced Penalties for Criminal Use of Firearms and Explosives Subtitle D: Exclusionary Rule Subtitle E: Pre-Trial Interrogation Title VII: Elimination of Delays in Carrying Out Sentences Subtitle A: General Habeas Corpus Reform Subtitle B: Death Penalty Litigation Procedures Subtitle C: Equalization of Capital Habeas Corpus Litigation Funding Title VIII: Prevention of Terrorism Subtitle A: Penalties and Offenses Subtitle B: Removal of Alien Terrorists Subtitle C: Enhanced Entry Controls Title IX: Victims' Rights and Child Abuse Subtitle A: Victims' Rights Subtitle B: National Child Protection Act Subtitle C: Jacob Wetterling Crimes Against Children Registration Act Title X: Violent Crimes and Law Enforcement Support Subtitle A: Violent Crimes Subtitle B: National Commission to Support Law Enforcement Title XI: Civil Rights Offenses Title XII: Public Corruption Title XIII: Funding Neighborhood Security Act of 1993 - Title I: Safe Streets - Subtitle A: Police - Chapter 1: Defense Conversion - Establishes an America's Safe Streets Program under which the Attorney General may enter into agreements with State or local law enforcement agencies to pay, and may pay, for a six-year period, the salaries of former members of the armed forces who are hired as police officers assigned to neighborhood patrol duties. Grants priority to agencies located in communities adversely affected by recent military base or facility closings. Sets limits on diminishing the size of the police force during the term of such agreements. Authorizes appropriations. Chapter 2: Cops on the Street - Cops on the Street Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Director of the Bureau of Justice Assistance (BJA) to make between 50 and 100 grants to units of local government for the purpose of increasing police presence in the community. Authorizes appropriations. Chapter 3: Police Corps Program - Establishes in the Department of Justice an Office of the Police Corps, headed by a Director. Sets forth: (1) provisions regarding the designation of a lead agency and submission of State plans, scholarship assistance, selection of participants, and service obligation (four years); and (2) State plan requirements. Authorizes appropriations. Chapter 4: Community Policing Grants - Amends the Omnibus Act to authorize the Director of the BJA to make grants to units of local government and community groups to establish or expand cooperative efforts between police and a community for the purpose of increasing police presence in the community. Requires the Director to develop a written model that informs community members regarding identification of the existence of a drug or gang house, civil remedies (such as public nuisance violations and civil suits in small claims court), and mediation techniques. Authorizes appropriations. Chapter 5: Improved Training and Technical Automation - Directs the Attorney General to: (1) make grants to units of State and local law enforcement to improve law enforcement agency efficiency through computerized automation and technological improvements; and (2) expand and improve investigative and managerial training courses for State and local law enforcement agencies, including improvements of the training facilities of the Federal Bureau of Investigation (FBI) Academy at Quantico, Virginia. Authorizes appropriations. Subtitle B: Prisons - Chapter 1: Regional Prisons for Violent Criminals and Violent Criminal Aliens - Directs the Attorney General to construct a minimum of ten regional prisons, situated throughout the United States, each containing space for at least 2,500 inmates. Specifies that at least 50 percent of the overall capacity of such prisons in the aggregate shall be dedicated to qualifying prisoners from qualifying States. Authorizes appropriations. Chapter 2: Federal Grants for State Prison Construction and Operation - Authorizes the Attorney General to enter into agreements with qualifying States to provide construction grants or operating grants for new prisons. (Defines a "new prison" as a prison: (1) or city or county detention facility, including an addition to an existing prison or city or county detention facility, certified by the State and approved by the Attorney General as providing additional prison capacity beyond that which the State previously had available or had already planned to construct; and (2) that is principally dedicated to housing repeat violent offenders and sex offenders.) Authorizes the Attorney General to pay up to half of construction and operating costs. Sets forth provisions regarding the canceling and distribution of grants. Authorizes appropriations. Chapter 3: Judicial Remedies for Prison Crowding - Amends the Federal criminal code to prohibit a Federal court from: (1) holding prison or jail crowding unconstitutional under the eighth amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment of that inmate, and limit relief to that necessary to remove the conditions causing such punishment of such inmate; and (2) placing a ceiling on the inmate population of any Federal, State, or local detention facility as an equitable remedial measure for conditions that violate the eighth amendment unless crowding is inflicting cruel and unusual punishment on particular identified prisoners. Requires that each Federal court order seeking to remedy an eighth amendment violation be reopened at the behest of a defendant for recommended modification at a minimum of two-year intervals. Chapter 4: Sentences to Account for Costs to the Government of Imprisonment, Release, and Probation - Amends the Federal criminal and judicial codes, respectively, to: (1) require the court, in determining whether to impose a fine, to consider the expected costs to the Government of any imprisonment, supervised release, or probation component of the sentence; and (2) authorize the U.S. Sentencing Commission to include, as a component of a fine, the expected costs to the Government of any imprisonment, supervised release, or probation sentence that is ordered. Title II: Safe Schools - Establishes an America's Safe Schools Program under which the Secretary of Education may enter into agreements with local educational agencies (LEAs) to pay, and may pay, for a six-year period, the salaries of former members of the armed forces who are hired as teachers assigned to public elementary and secondary schools. Sets limits on diminishing the number of teachers in such schools in the school district served by the LEA during the term of agreement. Authorizes appropriations. (Sec. 203) Authorizes: (1) a school district to elect to qualify as a Federal safe school district by decision of an LEA or by referendum of the voters in a school district served by an LEA; and (2) the Attorney General to make a grant to an LEA serving a Federal safe school district or to a local law enforcement agency with jurisdiction over the school district, as appropriate, to pay for enhanced school security measures. Provides for enhanced mandatory penalties for carrying a firearm into a public or private elementary or secondary school, or possessing a firearm within such a school, that is located within a school district that has elected to qualify as a Federal safe school district. Directs the Sentencing Commission to increase offense levels for such activity. Requires the U.S. Attorney for the judicial district in which the school district is located to prosecute as an adult any juvenile 16 years of age or older who uses or carries a firearm in or within 1,000 feet of a public or private elementary or secondary school. Authorizes appropriations. Title III: Criminal Aliens and Alien Smuggling - Subtitle A: Deportation of Criminal Aliens - Amends the Immigration and Nationality Act to authorize the Attorney General to issue a final order of deportation against any alien who was not lawfully admitted for permanent residence, or who had permanent resident status on a conditional basis, whom the Attorney General determines to be deportable under provisions relating to conviction of an aggravated felony. Limits judicial review of such determinations. Provides for deportation of permanent resident aliens under specified circumstances. Conclusively presumes an alien convicted of an aggravated felony to be deportable from the United States. (Sec. 302) Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable under provisions relating to conviction of an aggravated felony, if such an order has been requested prior to sentencing by the U.S. Attorney, subject to specified requirements. (Sec. 303) Restricts defenses to deportation for certain criminal aliens based on seven years of permanent residence and based on withholding of deportation or return to a country where such alien's life or freedom would be threatened. Enhances penalties for failing to depart or reentering after a final order of deportation. Limits collateral attacks on deportation orders. Subtitle B: Prevention and Punishment of Alien Smuggling - Increases penalties for: (1) alien smuggling; and (2) smuggling aliens for the commission of a crime. (Sec. 313) Makes alien smuggling a predicate to a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 314) Expands: (1) forfeiture for smuggling or harboring illegal aliens; and (2) the definition of "aggravated felony" to include illicit trafficking in explosive materials, a crime of violence for which the term of imprisonment imposed is at least five years, and other specified offenses. (Sec. 316) Directs the Sentencing Commission to increase offense levels with respect to various immigration-related offenses. (Sec. 317) Increases the penalty for visa fraud. (Sec. 318) Authorizes: (1) the Secretary of the Treasury to refund out of the Immigration User Fee Account expenses incurred by the Attorney General in the training of, and technical assistance to, commercial airline personnel on detection of fraudulent documents used by passengers traveling to the United States (and directs the Attorney General to provide for specified expenditures for such training and assistance); and (2) the Attorney General to suspend the entry of some or all aliens transported to the United States by a commercial airline that has failed to comply with regulations relating to requirements of airlines for the detection of such fraudulent documents. Subtitle C: Border Patrol - Authorizes appropriations for the hiring of 1,000 additional Border Patrol agents and 1,000 additional Immigration and Naturalization Service criminal inspectors. (Sec. 323) Directs the Commissioner of Immigration and Naturalization to operate a criminal alien tracking center to assist Federal, State, and local law enforcement agencies in identifying and locating aliens who may be subject to deportation by reason of their conviction of aggravated felonies. Authorizes appropriations. Title IV: Gangs, Juveniles, Drugs, and Prosecutors - Anti-Gang and Youth Protection Act of 1993 - Subtitle A: Criminal Youth Gangs - Amends the Federal criminal code to make it unlawful to: (1) commit specified "predicate gang crimes" (including murder, assault, kidnapping, arson, and retaliating against a witness, victim, or informant) with intent to promote or further the activities of a criminal street gang (gang) or for the purpose of gaining entrance to or maintaining or increasing position in such gang; (2) participate in, or induce another to participate in, a gang; (3) employ any individual to commit or facilitate the commission of a predicate gang crime with such intent; or (4) use any communication facility in causing or facilitating the commission of such an offense with such intent. Sets penalties for such offenses. Provides for forfeiture of proceeds obtained from, and property used to commit, the violation. Authorizes the Attorney General and the Secretary of the Treasury to investigate such offenses. Directs the Sentencing Commission to increase the base offense level for any felony committed for the purpose of gaining entrance into, or maintaining or increasing position in, a criminal street gang. (Sec. 412) Makes: (1) offenses against the United States involving the use of minors predicates under RICO; and (2) serious juvenile drug offenses Armed Career Criminal Act predicates. (Sec. 414) Expands the scope of offenses warranting adult prosecution of serious juvenile offenders. Directs the court, in considering the nature of the offense, to consider the extent to which the juvenile played a leadership role in an organization, or otherwise influenced other persons to take part in criminal activities, involving the use or distribution of controlled substances or firearms (which factor, if found to exist, shall weigh heavily in favor of transfer to adult status, but its absence shall not preclude such a transfer). (Sec. 415) Increases penalties under: (1) the Controlled Substances Act (CSA) for employing children to distribute drugs near schools and playgrounds, and for drug trafficking near public housing; and (2) the Federal criminal code for Travel Act crimes involving violence and conspiracy to commit contract killings. (Sec. 418) Revises procedures under the Federal criminal code with respect to the use of records of crimes committed by juveniles, including the repeal of special probation and expungement procedures for drug possessors. (Sec. 419) Amends the Omnibus Act to include among drug control and system improvement grant funding objectives law enforcement and prevention programs relating to gangs or youth who are involved or at risk of involvement in gangs. Subtitle B: Gang Prosecution - Authorizes appropriations for the hiring of additional Assistant U.S. Attorneys to prosecute violent youth gangs. (Sec. 432) Directs: (1) the Attorney General to develop a national strategy to coordinate gang-related investigations by Federal law enforcement agencies; and (2) the Director of the FBI to acquire and collect information on incidents of gang violence for inclusion in an annual uniform crime report. Authorizes appropriations. (Sec. 433) Continues the current Federal-State funding formula for drug control and system improvement grants under the Omnibus Act through FY 1993. (Sec. 434) Exempts grants awarded to State and local governments for the purpose of participating in multijurisdictional drug and gang (currently, drug) task forces from specified limitations on the use of drug control and system improvement grants. Title V: Drug Control and Rural Crime - Subtitle A: Drug Trafficking in Rural Areas - Amends the Omnibus Act to: (1) authorize appropriations for rural drug law enforcement assistance; and (2) increase the base allocation to each nonrural State. (Sec. 502) Directs the Attorney General to establish a Rural Crime and Drug Enforcement Task Force in each of the Federal judicial districts that encompass significant rural lands. (Sec. 503) Authorizes the Attorney General to cross-designate up to 100 law enforcement officers from agencies with jurisdiction to enforce the provisions of the CSA on non-Federal lands and the Federal criminal code to the extent necessary to effect the purposes of this Act. Directs the Attorney General to ensure that each of the task forces are adequately staffed. (Sec. 504) Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office of Treatment Improvement to establish a program to provide grants to hospitals, community health centers, migrant health centers, health entities of Indian tribes and tribal organizations, and other appropriate entities that serve nonmetropolitan areas to assist such entities in developing and implementing programs to provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Subtitle C: Rural Areas Enhancement - Requires that assets seized as a result of investigations initiated by a Rural Drug Enforcement Task Force be used primarily to enhance the operations of the task force and its participating State and local enforcement agencies. (Sec. 522) Directs State and Federal prosecutors, when bringing charges against the operators of clandestine methamphetamine and other dangerous drug laboratories, to include counts involving infringements of the Resource Conservation and Recovery Act or any other environmental protection Act, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes Federal prosecutors to bring suit against the operators of clandestine methamphetamine and other dangerous drug laboratories for environmental and health related damages caused by the operators in their manufacture of illicit substances. Subtitle D: Chemical Control - Chemical Control Amendments Act of 1993 - Amends the CSA to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine. Redefines "regulated transaction" to mean any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act (as under current law) unless: (1) the drug contains ephedrine as the only active medicinal ingredient or contains ephedrine and therapeutically insignificant quantities of another active medicinal ingredient; or (2) the Attorney General has determined that the drug or group of drugs is being diverted to obtain the listed chemical for use in the illicit production of a controlled substance; and (3) the quantity of ephedrine or other listed chemical contained in the drug included in the transaction or multiple transactions equals or exceeds the threshold established for that chemical by the Attorney General. Defines: (1) "international transaction" to mean a transaction involving the shipment of a listed chemical across an international (other than a U.S.) border in which a broker or trader located in the United States participates; and (2) "broker" and "trader" to mean a person that assists in arranging an international transaction in a listed chemical by negotiating contracts, serving as an agent or intermediary, or bringing together a buyer and seller, buyer, and transporter, or a seller and transporter. Requires the Attorney General to remove from exemption a drug or group of drugs that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance. Sets forth provisions regarding factors to be considered, specificity of designation, reinstatement of exemption with respect to particular drug products, and status pending application for reinstatement. (Sec. 533) Authorizes the Attorney General to promulgate rules and regulations and to charge reasonable fees relating to the registration and control of regulated persons and regulated transactions. Directs the Attorney General to register an applicant to distribute, and to import or export, a list I chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest, with exceptions. Prohibits regulated persons from knowingly or intentionally distributing, importing, or exporting a list I chemical without the registration required by the Act. (Sec. 534) Requires a regulated person that manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such person, with exceptions. (Sec. 535) Amends the Controlled Substances Import and Export Act (CSIEA) to subject U.S. brokers and traders for international transactions in a listed chemical regulated solely because of such persons' involvement as brokers and traders to specified notification, reporting, recordkeeping, and other requirements placed upon exporters of listed chemicals. (Sec. 536) Authorizes the Attorney General to: (1) require that the 15-day notification requirement under the CSIEA apply to all exports of a listed chemical to a specified country, regardless of the status of certain customers in such country as regular customers, if the Attorney General finds that such notification is necessary to support effective chemical diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive such requirement under specified circumstances. Prohibits knowingly or intentionally importing or exporting a listed chemical with the intent to evade specified reporting or recordkeeping requirements by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the 15-day notification requirement, or by misrepresenting the actual country or final destination of the listed chemical or the actual listed chemical being imported or exported. (Sec. 537) Amends the CSA to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. (Sec. 538) Eliminates "regular supplier" status and creates "regular importer" status. (Sec. 539) Includes within the definition of "controlled premises" places where regulated persons may lawfully hold, manufacture, or dispose of controlled substances or listed chemicals, or where records relating to those activities are maintained. (Sec. 541) Prohibits a person who possesses a listed chemical with the intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from the manufacture of a controlled substance otherwise than as required by regulations issued under the Solid Waste Disposal Act. Requires violators to be assessed the costs of initial cleanup and disposal of the listed chemical and contaminated property and of restoring property damaged by exposure to a listed chemical for rehabilitation under Federal, State, and local standards. Makes violations punishable as a class D felony, or in the case of a willful violation, a class C felony. Expresses the sense of the Congress that guidelines issued by the Sentencing Commission regarding sentencing for such an offense should recommend a term of not less than five years imprisonment, nor less than ten years in the case of a willful violation. Authorizes: (1) the court to order that all or a portion of the earnings from work performed by a defendant in prison be withheld for payment of such costs; and (2) the Attorney General to direct that assets forfeited in connection with a prosecution under this Act be shared with State agencies that participated in the seizure or cleanup of the contaminated site. Specifies that a discharge in bankruptcy does not discharge an individual from any debt for costs assessed with respect to the management of listed chemicals under the CSA. (Sec. 543) Amends the Health Care Quality Improvement Act of 1986 to provide for access by the Attorney General to information in the National Practitioner Data Bank. Subtitle E: Personnel - Authorizes appropriations for the hiring of additional Drug Enforcement Administration agents. (Sec. 552) Amends the National Narcotics Leadership Act of 1988 to require the Director of National Drug Control Policy to select, appoint, employ, and fix compensation of at least 75 and such additional (currently, of such) officers and employees as may be necessary to carry out the functions of the Office of National Drug Control Policy. Title VI: Punishment and Deterrence - Subtitle A: Death Penalty - Federal Death Penalty Act of 1993 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. (Sec. 602) Allows the defendant and the Government to present any information relevant to sentencing (including victim impact statements), but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Sets forth: (1) procedures for the implementation of, and appeal from, a sentence of death; and (2) provisions regarding the appointment of counsel, deadlines for collateral attacks on judgments imposing a death sentence, and stays of execution. (Sec. 610) Provides for the imposition of the death penalty for various offenses, including: (1) murder committed by prisoners in Federal prisons; (2) murder for hire; (3) murder in the aid of racketeering activity; (4) specified violations of the CSA; (5) murder of Federal witnesses; (6) rape and child molestation murders; and (7) murders in the District of Columbia. Subtitle B: Equal Justice Act - Equal Justice Act - Requires that the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim. Bars the use of any racial quota or statistical test for the imposition or execution of any penalty. (Sec. 653) Sets forth provisions regarding: (1) safeguarding against racial prejudice or bias in criminal courts; and (2) jury instructions and certification, and racial motivation in killings as an aggravating factor, in Federal capital cases. (Sec. 655) Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person in (currently, inhabitant of) a State, territory, or district. Subtitle C: Enhanced Penalties for Criminal Use of Firearms and Explosives - Amends the Federal criminal code to establish penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. (Sec. 663) Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) interstate gun trafficking. (Sec. 664) Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. (Sec. 666) Prohibits: (1) the receipt of firearms by non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes; (2) transactions involving stolen firearms which have moved in interstate or foreign commerce; and (3) the possession of explosives by felons and specified others. (Sec. 671) Amends: (1) the Internal Revenue Code regarding the disposition of forfeited firearms; and (2) the Federal criminal code regarding the definition of burglary under the Armed Career Criminal Act of 1984. Subtitle D: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Subtitle E: Pre-Trial Interrogation - Expresses the sense of the Congress that the Attorney General shall instruct all U.S. Attorneys, and implement policies consistent therewith, that confessions obtained in conformity with Federal provisions related to such admissibility will be offered into evidence. Title VII: Elimination of Delays in Carrying Out Sentences - 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. 704) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1993 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Subtitle C: Equalization of Capital Habeas Corpus Litigation Funding - Amends the Omnibus Act to require the Director of the BJA to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Title VIII: Prevention of Terrorism - Subtitle A: Penalties and Offenses - Amends the Federal criminal code to: (1) make it a criminal offense to provide material support to terrorists; (2) provide for forfeiture of assets used to support terrorists; (3) establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights; (4) provide for the prosecution of individuals who murder U.S. nationals abroad; and (5) permit FBI access to telephone subscriber information under specified circumstances. (Sec. 802) Increases penalties under the International Emergency Economic Powers Act (for violation of orders with respect to the declaration of a national emergency) and the Federal criminal code (for passport and visa-related violations). (Sec. 803) Directs the Sentencing Commission to provide for an increase in the base offense level for any felony involving or intended to promote international terrorism, unless such involvement or intent is itself an element of a crime. (Sec. 804) Extends the statute of limitations for certain terrorism offenses. Subtitle B: Removal of Alien Terrorists - Amends the Immigration and Nationality Act to establish procedures to apply whenever the Attorney General certifies under seal to a special court (established pursuant to this subtitle) that: (1) the Attorney General or Deputy Attorney General has approved of the proceeding; (2) an alien terrorist is physically present in the United States; and (3) removal of such terrorist by deportation proceedings would pose a risk to national security because such proceedings would disclose classified information. Directs the Chief Justice of the United States to publicly designate up to seven judges to hear and decide such cases. Sets forth procedures for a special removal hearing, including provision for appointment of counsel and appeals. Subtitle C: Enhanced Entry Controls - Provides for the exclusion of an alien for presenting fraudulent documents and failure to present documents to an immigration officer upon arrival at a port of entry into the United States. Specifies that any alien who is excludable under such provisions may not apply for or be granted asylum, with exceptions. (Sec. 833) Limits court jurisdiction with respect to habeas corpus review, other judicial review and action, and collateral enforcement proceedings. Title IX: Victims' Rights and Child Abuse - Subtitle A: Victims' Rights - Sets forth provisions regarding: (1) restitution and suspension of Federal benefits; and (2) the number of peremptory challenges under the Federal Rules of Criminal Procedure. Subtitle B: National Child Protection Act - National Child Protection Act of 1993 - Provides for: (1) State reporting of child abuse crime information to a national criminal background check system; (2) funding to improve such information; and (3) the withholding of a portion of such funding to States not in compliance with a timetable established under this Act. Subtitle C: Jacob Wetterling Crimes Against Children Registration Act - Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring any person who is convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency for ten years after release from prison or being placed on parole or supervised release. Sets forth registration, State compliance, and related requirements. Title X: Violent Crimes and Law Enforcement Support - Subtitle A: Violent Crimes - Amends the Federal criminal code to set penalties for attempted: (1) robbery; (2) kidnapping; (3) smuggling; and (4) malicious mischief. (Sec. 1002) Increases penalties for: (1) certain assaults; (2) manslaughter; (3) interstate and foreign travel or transportation in aid of racketeering enterprises; and (4) conspiracy to commit murder for hire. (Sec. 1006) Establishes Federal penalties for carjacking. (Sec. 1007) Increases mandatory minimum sentences for criminals using firearms during and in relation to a crime of violence or drug trafficking crime. (Sec. 1008) Amends the CSA to provide for life imprisonment without release for criminals convicted of specified drug-related offenses (including distribution to persons under age 21, distribution in or near schools, and employment or use of persons under age 18 in drug operations) after two previous convictions of such an offense, a felony drug offense, or a crime of violence. Subtitle B: National Commission to Support Law Enforcement - National Commission to Support Law Enforcement Act - Establishes a National Commission to Support Law Enforcement to study and recommend changes regarding law enforcement agencies and law enforcement issues on the Federal, State, and local levels. Authorizes appropriations. Title XI: Civil Rights Offenses - Increases maximum penalties for certain civil rights violations under the Federal criminal code and the Fair Housing Act, including damage to religious property. Title XII: Public Corruption - Anti-Corruption Act of 1993 - Amends the Federal criminal code to prescribe criminal penalties to be imposed upon any: (1) person who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision of a State of the honest services of a government official or employee, or of a fair and impartially conducted election process; and (2) official, or person selected to be a public official, who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States, or any State or political subdivision (and authorizes such adversely affected individual to obtain relief through a civil action, provided such person did not participate in the scheme or artifice). (Sec. 1203) Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. (Sec. 1204) Sets forth prohibitions regarding narcotics-related public corruption. Title XIII: Funding - Requires each head of a Federal agency making a grant to, or entering into a contract with, an institution of higher education for research and development to reduce the overhead payment rate under the grant or contract to 90 percent of the current level and return the amount saved to the general fund of the Treasury. (Sec. 1302) Reduces the overhead expenses identified and reduced by the President in Executive Order 12837 by an additional five percent. (Sec. 1303) Reallocates the amount of available budget authority resulting from the enactment of such provisions as specified.

Bill· HRH.R. 2838 (103rd)referred

Commission on the Airplane Crash at Gander, Newfoundland, Act

United States · United States Congress · 3 August 1993

Commission on the Airplane Crash at Gander, Newfoundland, Act - Establishes in the legislative branch of the Government the Commission on the Airplane Crash at Gander, Newfoundland. Directs the Commission to investigate, study, and report to the President and the Congress on the circumstances surrounding the crash of an Arrow Airlines airplane near Gander, Newfoundland, Canada, on December 12, 1985.

Bill· HRH.R. 2820 (103rd)open

Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1993

United States · United States Congress · 2 August 1993

Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1994, 1995, and 1996 - Amends the Airport and Airway Improvement Act of 1994 to authorize FY 1994 through FY 1996 appropriations for specified areas of airway improvement research, engineering and development, and demonstrations. Provides for the establishment of a joint aviation research and development program.

Law· HRH.R. 2750 (103rd)enacted

Department of Transportation and Related Agencies Appropriations Act, 1994

United States · United States Congress · 27 July 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 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. 316) Prohibits the use of funds for transit projects that have a cost-effectiveness index higher than $20 per new trip. (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 its reconstruction. (Sec. 337) Prohibits the use of funds for the construction of an additional air carrier runway at Tulsa International Airport. (Sec. 339) Prohibits the use of funds to place speed limit or distance signs using the metric system on any State highway.

Law· HRH.R. 2739 (103rd)enacted

Federal Aviation Administration Authorization Act of 1994

United States · United States Congress · 26 July 1993

TABLE OF CONTENTS: Title I: Airport and Airway Improvement Act Amendments Title II: Miscellaneous Provisions Aviation Infrastructure Investment Act of 1993 - Title I: Airport and Airway Improvement Act Amendments - Amends the Airport and Airway Improvement Act of 1982 to reauthorize the Airport Improvement Program through FY 1996. Specifies allocations for the Federal Aviation Administration (FAA) Facilities and Equipment Program. Limits amounts appropriated from the Airport and Airway Trust Fund to certain percentages. (Sec. 103) Authorizes appropriations for the FAA through FY 1996. (Sec. 104) Increases the minimum entitlement funding for small airports. States that, in deciding whether to make a discretionary grant, the Secretary of Transportation (Secretary) shall consider, as a factor militating against the grant, that the airport is using airport-generated revenues for purposes other than capital or operating costs. (Sec. 105) Increases the minimum funding for integrated airport system planning. Extends through FY 1996 the programs for: (1) converting military airports to civil use (increasing from 12 to 16 the number of eligible airports); and (2) constructing parking lots, fuel farms, and utilities. Requires the Secretary, as a condition precedent to approval of an airport development project, to receive assurances that the airport owner or operator shall file annual reports on: (1) the amounts the airport pays to other governmental units; and (2) all services and property provided to other governmental units, and the amount of compensation received. (Sec. 107) Allows the unlimited use of discretionary funds for terminal development at primary airports enplaning up to .05 percent of total U.S. enplanements (small airports). Title II: Miscellaneous Provisions - Amends the Federal Aviation Act of 1958 to authorize any air carrier to provide advance notice to the public of: (1) the date on which a change of a rate, fare, or charge for air transportation is scheduled to take effect; and (2) the date on which a rate, fare, or charge is scheduled to terminate. (Sec. 202) Requires the Secretary, in determining what is basic essential air service and in selecting an air carrier to provide it, to give no consideration to whether slots at a high density airport are available. Requires the Secretary, if essential air service is to be provided to and from a high density airport, to ensure that a sufficient number of slots at the airport are available to the pertinent air carrier, transferring slots or otherwise making them available if necessary. States that the Secretary is not required to make slots available at O'Hare International Airport, Chicago, Illinois, if there are at least 132 slots available for basic essential air service to and from it. Declares that slots need not be transferred from an air carrier terminating basic essential air service to one selected to provide it if the carrier suspending essential air service is using slots to provide basic essential air service to another point. (Sec. 203) Prohibits the Secretary from taking a slot at a high density airport from an air carrier, and awarding it to a foreign air carrier, if U.S. carriers are not provided equivalent rights of access to airports in the country of which the foreign carrier is a citizen. (Sec. 204) Directs the Secretary to complete a rulemaking proceeding and issue a final decision on whether there should be a reduction in the annualized rate of random testing for prohibited drugs now required of personnel engaged in aviation activities. (Sec. 205) Amends the Federal Aviation Act of 1958 to prohibit any public agency authority from collecting an authorized fee from a passenger enplaning at an airport if the passenger did not pay for the air transportation which resulted in such enplanement, including any case in which the passenger obtained the ticket with a frequent flier award coupon without monetary payment. (Sec. 206) Amends Federal law to limit to five years the term of office of any individual appointed as FAA Administrator after enactment of this Act. (Sec. 207) Amends the Aviation Safety and Noise Abatement Act of 1979 to allow the Secretary to make grants for sound-proofing of residential buildings at airports which have not received approval for a Part 150 noise abatement program, but have been approved to receive such grants under an exemption to specified law. (Sec. 208) Amends the Metropolitan Washington Airports Act of 1986 to direct the Secretary to include in a certain airport lease terms and conditions necessary to ensure that: (1) all laborers and mechanics employed by contractors or subcontractors in construction work shall be paid wages at prevailing rates in accordance with the Davis-Bacon Act; and (2) the Metropolitan Washington Airports Authority (Airports Authority) shall not approve any construction contract without first obtaining adequate assurance that such wages shall be paid. (Sec. 209) Applies the National Labor Relations Act and the Labor Management Relations Act, 1947 to labor-management relations between the Airports Authority and labor organizations representing bargaining units at the Metropolitan Washington Airports. Declares that collective bargaining agreements between the Airports Authority and labor organizations shall be effective for at least two years. Provides for resolution of grievances and mediation of labor disputes, including binding arbitration. Prohibits the parties to a collective bargaining agreement between the Airports Authority and a labor organization from: (1) resorting to strike or lockout; or (2) making changes in working conditions pending resolution of a labor dispute.

Bill· SS. 1253 (103rd)open

National Defense Authorization Act for Fiscal Year 1994

United States · United States Congress · 16 July 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· HRH.R. 2663 (103rd)referred

Air Traffic Controller Incentive and Retention Act

United States · United States Congress · 15 July 1993

Air Traffic Controller Incentive and Retention Act - Increases the premium pay differential for certain air traffic control system employees and other specified employees of the Federal Aviation Administration and the Department of Defense from five to 15 percent of the applicable rate of basic pay. Entitles such employees to Sunday premium pay for work performed on Saturday.

Bill· HRH.R. 2641 (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 · 14 July 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.

Question· oralPQ 4asked

5 Mr. Gilmore asked the Minister for Transport, Energy and Communications the response, if any, he has given to the proposals submitted to the Government by the Executive Chairman of Aer Lingus, Mr. Bernie Cahill; the proposals, if any, there are before the Government for the sale of Aer Lingus subsidiaries; his views on whether it is appropriate that a State company should be seeking to shed 1,500 jobs at a time of such high unemployment; if the Government intends to provide the equity sought; and if he will make a statement on the discussions between the Cabinet sub-committee on aviation and the Aer Lingus unions.

Ireland · Dáil Éireann · 1 July 1993

5 Mr. Gilmore asked the Minister for Transport, Energy and Communications the response, if any, he has given to the proposals submitted to the Government by the Executive Chairman of Aer Lingus, Mr. Bernie Cahill; the proposals, if any, there are before the Government for the sale of Aer Lingus subsidiaries; his views on whether it is appropriate that a State company should be seeking to shed 1,500 jobs at a time of such high unemployment; if the Government intends to provide the equity sought; and if he will make a statement on the discussions between the Cabinet sub-committee on aviation and the Aer Lingus unions.

Question· oralPQ 2asked

2 Mr. Noonan (Limerick East) asked the Minister for Transport, Energy and Communications if the Government intends renegotiating the bilateral air travel agreement between Ireland and the United States; if the negotiations have commenced; and if he will make a statement on the matter.

Ireland · Dáil Éireann · 1 July 1993

2 Mr. Noonan (Limerick East) asked the Minister for Transport, Energy and Communications if the Government intends renegotiating the bilateral air travel agreement between Ireland and the United States; if the negotiations have commenced; and if he will make a statement on the matter.

Bill· SS. 1202 (103rd)referred

A bill 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 · 1 July 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. 1157 (103rd)referred

Commission on the Airplane Crash at Gander, Newfoundland, Act

United States · United States Congress · 24 June 1993

Commission on the Airplane Crash at Gander, Newfoundland, Act - Establishes in the legislative branch of the Government the Commission on the Airplane Crash at Gander, Newfoundland. Directs the Commission to investigate, study, and report to the President and the Congress on the circumstances surrounding the crash of an Arrow Airlines airplane near Gander, Newfoundland, Canada, on December 12, 1985.

Bill· SS. 1134 (103rd)open

Omnibus Budget Reconciliation Act of 1993

United States · United States Congress · 22 June 1993

TABLE OF CONTENTS: Title I: Committee on Agriculture, Nutrition, and Forestry Subtitle A: Commodity Programs Subtitle B: Restructuring of Loan Programs Subtitle C: Food Stamp Program Subtitle D: Agricultural Trade Subtitle E: Miscellaneous Title II: Committee on Armed Services Title III: Committee on Banking, Housing, and Urban Affairs Title IV: Communications and Transportation Title V: Committee on Energy and Natural Resources Subtitle A: Recreation and Commercial Use Fees Subtitle B: Hardrock Mining Claim Maintenance Fee Subtitle C: Commonwealth of Northern Mariana Islands Agreement Subtitle D: Mineral Receipts Title VI: Committee on Environment and Public Works Title VII: Finance Committee Reconciliation Provisions Relating to Medicare, Medicaid, and Other Programs Subtitle A: Medicare Subtitle B: Medicaid Program Subtitle C: Income Security Programs Subtitle D: Miscellaneous Provisions Title VIII: Finance Committee Revenue Provisions Subtitle A: Training and Investment Incentives Subtitle B: Revenue Increases Title IX: Committee on Foreign Relations Title X: Committee on Governmental Affairs Subtitle A: Civil Service Subtitle B: Postal Service Title XI: Judiciary Title XII: Committee on Labor and Human Resources Subtitle A: Student Loan Provisions Subtitle B: Public Health Service Act Provisions Subtitle C: Improved Immunization Delivery and Monitoring Subtitle D: ERISA Amendments Title XIII: Veterans' Programs Omnibus Budget Reconciliation Act of 1993 - Title I: Committee on Agriculture, Nutrition, and Forestry - Agricultural Reconciliation Act of 1993 - Subtitle A: Commodity Programs - Amends the Agricultural Act of 1949 to reduce, with specified exceptions, the acreage eligible for deficiency payments from 92 percent to 85 percent for wheat, feed grains, upland cotton, and rice. (Sec. 1105) Extends the dairy support program. Sets forth purchase price ceilings for butter and nonfat dry milk. Reduces milk prices by ten cents per hundredweight for 1996. Prohibits the sale of bovine growth hormone during a specified time period. (Sec. 1106) Amends the Agricultural Adjustment Act of 1938 to require domestic cigarette manufacturers to certify the amount of U.S.-produced tobacco in their products. Establishes a domestic marketing assessment. Requires domestic cigarette manufacturers to purchase specified amounts of Burley and Flue-cured tobacco from producer-owned cooperatives. Amends the Agricultural Act of 1949 to require importers of foreign tobacco to pay: (1) specified marketing assessments; and (2) specified assessments to the No Net Cost Tobacco Fund. Amends the Tobacco Adjustment Act of 1983 to subject imported tobacco to inspection fees on the same basis as domestic tobacco. Amends the Agricultural Adjustment Act of 1938 to extend quota reduction floor authority (with waiver authority to avoid excess inventories) for Burley and Flue-cured tobacco. (Sec. 1107) Increases 1995 and 1996 sugarcane and sugarbeet marketing assessment rates. (Sec. 1108) Reduces 1994 and 1995 loan levels for soybeans and oilseeds. Revises loan maturation provisions. Eliminates loan origination fees for post-1993 crop years. (Sec. 1109) Increases 1994 and 1995 peanut marketing assessment and first purchaser-producer assessment rates. (Sec. 1110) Reduces 1994 through 1997 honey price support levels and individual payment ceilings. (Sec. 1111) Amends the National Wool Act of 1954 to reduce 1995 through 1997 wool and mohair individual payment ceilings. Maintains the 1993 support price for shorn wool through 1997. Eliminates specified marketing assessments. Subtitle B: Restructuring of Loan Programs - Amends the Rural Electrification Act of 1936 to restructure Rural Electrification Administration electric and telephone loan programs, including the establishment of: (1) electric hardship loans and cost-of-money loans; and (2) telephone hardship loans and cost-of-money loans. Revises the definition of "rural area" for purposes of rural electrification and telephone service. Amends the Consolidated Farm and Rural Development Act to permit electric and telephone borrowers to qualify for: (1) water and waste disposal loans; and (2) rural economic development assistance. Subtitle C: Food Stamp Program - Amends the Food Stamp Act of 1977 to reduce to 50 percent Federal cost-sharing expenses for: (1) food stamp investigations and prosecutions; and (2) immigration status verifications under the Social Security Act. Includes automated data processing and information retrieval systems among eligible cost-sharing activities. Subtitle D: Agricultural Trade - Amends the Agricultural Trade Act of 1978 to eliminate required FY 1994 and 1995 additional funding levels for the market promotion program and obligate certain sums for specified categories of exporters. (Sec. 1402) Amends the Omnibus Budget Reconciliation Act of 1990 to: (1) remove specified acreage reduction requirements for grain sorghum and barley; and (2) eliminate certain support level adjustment provisions. (Sec. 1403) Amends the Agricultural Trade Act of 1978 to prohibit the entry into or the withdrawal from a warehouse of any imported wheat or barley that it is not covered by an end-use certificate. (Sec. 1404) Expresses the sense of the Congress that the Secretary of Agriculture should aggressively promote the export of vegetable oil. Subtitle E: Miscellaneous - Amends the Federal Crop Insurance Act to direct the Federal Crop Insurance Corporation to take specified actions to improve the actuarial soundness of Federal crop insurance coverage. (Sec. 1502) Amends the Food Security Act of 1985 with regard to the conservation reserve program to: (1) make the current discretionary enrollment provision mandatory; and (2) reduce acreage requirements. Extends the wetlands reserve program and revises acreage enrollment provisions. (Sec. 1503) Authorizes the Secretary of Agriculture to charge admission, entrance, and recreation fees at appropriate sites, and public or recreation areas. (Sec. 1504) Expresses the sense of the Senate that: (1) farmers should pay no more than their fair share of any budget reduction necessary to achieve deficit reduction; and (2) the level of budget reduction should take into account taxes, interest rates, and user fees. Title II: Committee on Armed Services - Directs the Secretary of Defense to provide a limited increase in the military retired pay of former military personnel who became members of the armed forces before August 1, 1986. Specifies the month for which such increases becoming effective on December 1 of FY 1994 through 1998 shall be payable as part of retired pay. Title III: Committee on Banking, Housing, and Urban Affairs - Amends the Federal Deposit Insurance Act (FDICA) to prescribe an order of priority for the distribution of amounts realized from the resolution of any insured depository institution. (Sec. 3002) Amends the Federal Reserve Act to mandate for FY 1997 and FY 1998 the transfer into the Treasury of specified percentages of the surplus fund of any Federal reserve bank. 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) include certain Indian housing programs within the parameters of the Department of Housing and Urban Development program; (2) require submission of certain income disclosure consent forms to verify applicant eligibility for benefits; and (3) revise applicant, participant, and public housing agency protections. Amends the United States Housing Act of 1937 to declare that adjustments to a public housing agency's operating subsidy shall reflect actual changes in rental income collections resulting from application of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988. (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 (the program); (2) take steps to assure that a certain portion of the benefit resulting from the program accrues to mortgagors who execute eligible mortgages; (3) summarize program activities in its annual report; and (4) report to certain congressional committees on specified risk minimization aspects of the program. (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: Communications and Transportation - Subtitle A: Spectrum Allocation and Auction - Emerging Telecommunications Technologies Act of 1993 - Directs the Assistant Secretary of Commerce for Communications and Information and the Chairman of the Federal Communications Commission (FCC) to meet at least biannually to conduct joint spectrum planning with respect to: (1) future spectrum requirements for public and private uses and the allocation actions to accommodate those uses; and (2) actions to promote the efficient use of the spectrum. Directs the Assistant Secretary and the Chairman to report jointly to specialized congressional committees on their recommendations. Requires the FCC to develop procedures to ensure that minority-owned businesses and small businesses are given the opportunity to provide spectrum-based services. Directs the FCC to report to the Congress a study of current and future spectrum needs of State and local government public safety agencies through the year 2010. (Sec. 404) Directs the Secretary of Commerce to identify radio band frequencies that are allocated on a primary basis for Federal use, are not currently required for Federal needs, can easily be made available for other uses, and have the greatest potential for productive uses and public benefits. Directs the Secretary to recommend to the President and the Congress the immediate reallocation of no less than 30 megahertz of such frequencies. Requires a preliminary and final report on other reallocable frequencies, with an opportunity for public comment. (Sec. 405) Directs the President, after receipt of the Secretary's recommendation, to: (1) withdraw the assignment of appropriate frequencies no longer needed by the Government; (2) assign other frequencies to Federal stations; (3) reallocate for public or mixed use appropriate frequencies; and (4) provide notice of his actions to the FCC and the Congress. Authorizes appropriations. (Sec. 406) Directs the FCC to issue rules for the allocation of all frequencies made available for immediate reallocation under this Act. Authorizes the President to reclaim reassigned frequencies for reassignment to Federal stations. (Sec. 408) Amends the Communications Act of 1934 to direct the FCC, during FY 1994 through 1998, to use competitive bidding procedures to grant all radio spectrum licenses for which two or more mutually exclusive applications have been filed. Requires a report on such procedures. Provides rural program license procedures. Provides for the State and local tax treatment of radio licenses and permits. (Sec. 409) Revises the FCC's regulatory authority in the management 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 with such service as required under the Communications Act. Prohibits a person engaged in private land mobile service from being considered to be a common carrier for such purposes. Prohibits any State or local government from imposing any rate or entry regulation upon any commercial or private land mobile service, but allows a State to regulate other terms and conditions of commercial mobile service, under certain conditions. Provides certain FCC deadlines with respect to rules, licenses, and permits for personal communications services. Subtitle B: Vessel Tonnage Duties - Amends Federal law relating to shipping to extend the years during which certain tonnage duties are imposed. Title V: Committee on Energy and Natural Resources - Subtitle A: Recreation and Commercial Use Fees - Amends the Land and Water Conservation Fund Act of 1965 to: (1) authorize the charging of admission fees for FY 1994 through 1998 at Bureau of Land Management (BLM) national monuments and scenic areas and areas of concentrated public use; (2) strike a provision prohibiting a recreation fee for the use of visitors' centers, picnic tables, or boat ramps; (3) authorize the Secretaries of Agriculture and the Interior to withhold from a special account made up of user fees an amount determined to be equal to the additional fee collection costs for each fiscal year; (4) direct the Secretary of the Interior, for FY 1994 through 1998, to establish and collect fees on commercial tour vehicles entering units of the National Park System in which fees are authorized; and (5) authorize the Secretaries to allow businesses and other organizations to sell and collect fees for the Golden Eagle Passport (an admission passport valid for an entire year). (Sec. 5003) Directs the Secretaries to assess and collect charges for utilization of radio and television communication sites located on Federal lands administered by the Forest Service or BLM. Requires such users to provide the Forest Service or BLM with a list identifying all additional site users and all revenues received from such users. Requires the Secretaries to establish a broad based advisory group to determine the market value for radio and television communication site users. Requires a report to specified congressional committees. Subtitle B: Hardrock Mining Claim Maintenance Fee - Mandates payment for maintenance fees of $100 per claim by each claimant of an unpatented mining claim, mill or tunnel site on federally-owned lands in order to hold such claims for the assessment year. Declares that such fee is in lieu of assessment work and related filing requirements contained in certain Federal laws. Waives such fees under certain conditions. (Sec. 5102) Mandates the payment of a location fee for every unpatented mining claim, mill or tunnel site located after the date of enactment of this Act and before September 30, 1998. Replaces certain assessment requirements and expenditures with the annual maintenance fee. Subtitle C: Commonwealth of Northern Mariana Islands Agreement - Limits the payments to the Northern Mariana Islands for FY 1994 through 1998 to the amounts and for the purposes set forth in the Agreement of the Special Representatives on Future Financial Assistance of the Northern Mariana Islands of December 1992. Continues funding after 1998 at a specified annual amount. Subtitle D: Mineral Receipts - 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 before their division and distribution between the States and the United States. Title VI: Committee on Environment and Public Works - Amends the Omnibus Budget Reconcilitation Act of 1990 to extend from 1995 to 1998 the authority of the Nuclear Regulatory Commission to assess and collect annual charges. (Sec. 6002) Amends the Flood Control Act of 1968 to authorize the Secretary of the Army to charge fees for the use of developed recreation sites and facilities with specified exceptions. Mandates deposit of such fees into a certain account established for the Army Corps of Engineers. Title VII: Finance Committee Reconciliation Provisions Relating to Medicare, Medicaid, and Other Programs - Subtitle A: Medicare - Part I: Provisions Relating to Part A - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) provide for a reduction in payment updates for inpatient hospital services; (2) provide for a reduction in payment for the indirect costs of medical education; (3) extend payments for Medicare-dependent, small rural hospitals; (4) repeal the requirement for a return on equity for proprietary skilled nursing facilities; (5) extend the ten percent reduction in payments for capital-related costs of inpatient hospital services; (6) lower the per diem limits with respect to payments for routine service costs of extended care services; and (7) change the update formula for hospice care payment starting in 1994. (Sec. 7103) Provides for continuation of the other urban payment rate through 1994. Requires the Secretary of Health and Human Services to: (1) permit hospitals that fail to qualify as rural referral centers due to their urban reclassification to decline their reclassification and retain their former status; and (2) make lump-sum retroactive payments to such hospitals. Part II: Provisions Relating to Part B: Subpart A - Physician Services - Amends SSA title XVIII to: (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 starting in 1994; (3) double the maximum reduction in the default update allowed for 1994 starting in 1995; (4) provide for classification of primary care services as a separate category of services for purposes related to the application of volume performance standards and updates in conversion factors for physicians' services; (5) directs the Secretary to phase-in reductions to the practice expense relative value units for certain services; (6) revise the payment policy for anesthesia care teams; (7) repeal the prohibition on separate billing for the interpretation of electrocardiograms (EKGs); (8) repeal payment reductions for new physicians and practitioners; (9) require adjustments in the relative value units for services provided by physicians and other practitioners in order to ensure budget neutrality; (10) revise the application of the limiting charge policy with respect to claims submitted on a nonassignment basis; (11) add payment and billing rules for services furnished by certain practitioners; (12) set forth requirements for Medicare carriers to provide limiting charge information on the explanation of benefits form furnished to Medicare beneficiaries and screen unassigned claims by service providers before making payment to determine whether the amount billed exceeds the applicable limiting charge; and (13) require the Secretary's report to the Congress on changes in expenditures for physician services to reflect information on charges in excess of the applicable limiting charge. Subpart 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; (2) extend the reduction in payments for other costs of outpatient hospital services; and (3) make changes to payment formulae for outpatient hospital services. (Sec. 7224) Amends the Omnibus Budget Reconciliation Act of 1990 (OMBRA '90) to reduce payments for intraocular lenses. Subpart C: Durable Medical Equipment - Amends SSA title XVIII to: (1) revise the payment rules for durable medical equipment (DME); (2) provide for the treatment of nebulizers and aspirators and payment for accessories relating to such items; (3) provide a method for determining payment for surgical dressings; and (4) reduce payments for TENS devices. Subpart D: Part B Premium - Amends SSA title XVIII to revise current law establishing the monthly part B premium for Medicare beneficiaries. Subpart E: Other Provisions - Amends SSA title XVIII to: (1) provide for a freeze, then reduction, in updates for certain items and services covered under Medicare part B (Supplementary Medical Insurance), including DME and ambulatory surgical center services; and (2) lower the cap on payments for clinical diagnostic laboratory tests performed after December 31, 1993. Part III: Provisions Relating to Parts A and B - Amends SSA title XVIII to: (1) revise weighting factors and other criteria used in determining payments for direct graduate medical education costs; (2) include preventive care services as part of the initial residency period; (3) include successor exams in the definition of an FMGEMS examination; (4) modify home health agency cost limits; (5) extend the ban on certain referrals by physicians to cover additional specified health services and include new exceptions as well as modified ones related to its application; and (6) reduce payments for erythropoietin. (Sec. 7303) Amends SSA title XVIII and the Internal Revenue Code (IRC) to make numerous changes with respect to Medicare as secondary payer. Subtitle B: Medicaid Program - Part I: Program Savings Provisions - Subpart A: Repeal of Mandate - Amends SSA title XIX to: (1) repeal the mandate that States cover personal care services under their Medicaid programs for all individuals entitled to nursing facility benefits; and (2) give States the option of covering personal care services furnished in a home or other location. Subpart B: Outpatient Prescription Drugs - Amends SSA title XIX to: (1) allow States, under certain conditions, to establish formularies limiting coverage of prescription drugs under their Medicaid programs; (2) eliminate the prohibition on a State's subjecting covered outpatient drugs to prior authorization during the first six months after the drug is approved by the Food and Drug Administration; and (3) make modifications to the Medicaid prescription drug program. Subpart C: Restrictions on Divestiture of Assets and Estate Recovery - Amends SSA title XIX to: (1) revise provisions regarding adjustments and recoveries and transfers of assets; and (2) set forth rules for the treatment of trusts for purposes of determining an individual's eligibility for, and amount of, benefits under a State's Medicaid plan. Subpart D: Improvement in Identification and Collection of Third Party Payments - Amends SSA title XIX to: (1) address the liability of third parties to pay for care and services under Medicaid; and (2) require States to have in effect certain specified laws relating to medical child support. (Sec. 7433) Amends IRC and SSA title XIX to provide for collection of payment obligations relating to medical assistance from State and Federal tax refunds. Subpart E: Assuring Proper Payments to Disproportionate Share Hospitals - Amends SSA title XIX to make changes with regard to payments for disproportionate share hospitals. Subpart F: Anti-Fraud and Abuse Provisions - Amends SSA title XIX to prohibit payment with respect to any amount expended for an item or service for which payment would be denied under the Medicare ban on certain physician referrals if the item or service were furnished to an individual entitled to benefits under Medicare. Part II: Other Medicaid Provisions - Amends OMBRA '90 to revise : (1) the limits on expenditures and funding for demonstration projects to study the effect of allowing States to extend Medicaid coverage to certain low-income families not otherwise qualified to receive Medicaid benefits; and (2) project reporting requirements. Subtitle C: Income Security Programs - Amends SSA title IV part A (Aid to Families with Dependent Children) (AFDC) to make changes with regard to Federal matching of State AFDC administrative expenditures. Amends SSA titles I (Old Age Assistance), X (Aid to the Blind), XIV (Aid to the Permanently and Totally Disabled), and XVI (Supplemental Security Income) to revise the formula for determining Federal payments to the States for expenses incurred in administering their State plans under such SSA titles. Amends SSA title XI to change the requirements for attesting to citizenship status. (Sec. 7602) Amends SSA title IV part D (Child Support and Establishment of Paternity) to: (1) modify performance standards for State paternity establishment programs; and (2) modify existing, and require certain additional, procedures under State law with respect to child support enforcement. (Sec. 7603) Amends SSA title XVI (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 a State's supplemental SSI payments. Subtitle D: Miscellaneous Provisions - Part I: Trade Provisions - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend authority for levying customs user fees. (Sec. 7702) Amends the Trade Act of 1974 to provide for an extension of, and authorization of appropriations for, the trade adjustment assistance program. Part II: Improved Access to Childhood Immunizations - Amends SSA title XIX to direct the Secretary to promulgate a list of vaccines that provide immunization against naturally occurring infectious diseases and are recommended for universal use in children. Provides for immunization outreach through the EPSDT (Early and Periodic Screening, Diagnostic, and Treatment Services) Program. Requires Medicaid managed care plans to comply with specified requirements relating to EPSDT. Allows State plans to make payments directly to the manufacturer of the vaccine under a voluntary replacement program. Requires the Secretary to provide for demonstration projects designed to improve the rate and timeliness of immunization against childhood diseases in the case of any Medicaid-eligible child up to age two who is part of a family eligible for AFDC. (Sec. 7803) Amends SSA to add a new title XXI entitled "Central Bulk Purchasing Program For Pediatric Vaccines" under which the Secretary shall provide for the purchase and delivery on behalf of the applicant State of such quantities of pediatric vaccines as may be necessary for the immunization of each eligible child in the State. Part III: Disclosure Provisions - Amends the Internal Revenue Code to extend the authority to disclose return information for the administration of certain veterans programs. (Sec. 7902) Authorizes the disclosure of such information: (1) in the administration of repayments of certain student loans; and (2) for income verification under certain housing assistance programs. (Sec. 7904) Amends title XI of the Social Security Act to provide for the establishment of a Third Party Liability Clearinghouse to identify third parties responsible for payment for health care items and services furnished to beneficiaries of Medicare and Medicaid. Authorizes the disclosure of certain taxpayer return information for purposes of identifying health insurance coverage of certain individuals and spouses. Requires employers to report whether a group health plan is available to an employee on wage statements. Part IV: Other Provisions - 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. 7951) 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. 7952) Removes authority to use the Harbor Maintenance Trust Fund for administrative expenses of certain customs fee collections. (Sec. 7953) Increases the amount that individuals may designate to the Presidential Election Campaign Fund on their tax returns. (Sec. 7954) Increases the public debt limit and repeals the temporary limit on such increases. Title VIII: Revenue Provisions - Revenue Reconciliation Act of 1993 - Subtitle A: Training and Investment Incentives - Extends until June 30, 1994, the tax exclusion for employer-provided educational assistance and the targeted jobs credit. (Sec. 8111) Suspends the credit for increasing research activities from July 1, 1992, through June 30, 1993, and any period after June 30, 1994. Modifies the fixed base percentage of such credit for startup companies for taxable years after 1993. (Sec. 8115) Eliminates the depreciation adjustment for computing adjusted current earnings for such property placed in service after December 31, 1993. (Sec. 8119) Increases the dollar limitation on the election to expense certain depreciable small business assets. (Sec. 8121) Extends until June 30, 1994, the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property. (Sec. 8131) Repeals certain interaction rules of the earned income credit with respect to the medical expense deduction, the deduction for health insurance, and the dependent care credit. Revises credit and phaseout percentages for 1994. (Sec. 8141) Extends the authority to issue qualified mortgage bonds and qualified mortgage credit certificates until June 30, 1994. Makes permanent the low-income housing credit. (Sec. 8143) Provides for the treatment of rental real estate activities under the limitations on losses from passive activities. (Sec. 8144) 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. 8145) Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. (Sec. 8146) 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. 8147) 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. (Sec. 8151) Increases the depreciation recovery period for nonresidential real property. (Sec. 8161) Repeals the luxury excise tax on boats, aircraft, jewelry, and furs. 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. (Sec. 8162) Exempts from the luxury excise tax parts or accessories installed for use of passenger vehicles by disabled individuals. (Sec. 8163) Extends the current diesel fuel excise tax to diesel fuel used by noncommercial motorboats. Retains such taxes in the General Fund of the Treasury. (Sec. 8171) 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. (Sec. 8172) Establishes substantiation requirements for charitable contributions of $250 or more. (Sec. 8173) 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. 8174) Amends the Railroad Retirement Solvency Act of 1983 to make permanent the treatment of certain railroad retirement benefits as received under employer plans. (Sec. 8175) Provides for the temporary extension of the deduction of health insurance costs of self-employed individuals. Subtitle B: Revenue 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. 8203) Increases the tentative minimum tax for taxpayers other than corporations. (Sec. 8204) Makes permanent the overall limitation on itemized deductions and the phaseout of personal exemptions for high-income taxpayers. (Sec. 8206) 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. (Sec. 8207) Repeals the limitation on the amount of wages subject to the health insurance employment tax. (Sec. 8208) Increases and makes permanent the highest estate and gift tax rate. (Sec. 8209) Reduces the deduction for business meals and entertainment expenses. (Sec. 8210) Disallows a tax deduction for social membership dues, except for employee recreational expenses. (Sec. 8211) Disallows a deduction as a trade or business expense for remuneration to certain employees in excess of $1 million. (Sec. 8212) Reduces the compensation taken into account in determining contributions and benefits under qualified retirement plans. (Sec. 8213) Removes qualified residence sales, purchases, or leases and meals from the deduction for moving expenses. Places a dollar limitation on the deduction for moving expenses. (Sec. 8214) Revises the limitation on using the preceding year's tax to calculate an individual's estimated tax payments. (Sec. 8215) Increases the amount of social security and tier 1 railroad retirement benefits to be included in the gross income of certain taxpayers. (Sec. 8221) Increases the tax rate for corporate income in excess of $10 million and the tax rate on personal service corporations. (Sec. 8222) Denies a tax deduction for lobbying expenses. Subjects lobbying organizations to special reporting requirements. (Sec. 8223) 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. 8224) 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. 8225) Increases the required annual payment for corporations that fail to pay estimated income tax. Modifies the periods for applying such annualization. (Sec. 8226) Repeals the stock for debt exception in determining income from discharge of indebtedness. (Sec. 8227) Limits the Puerto Rico and possession tax credit to 40 percent of the possession corporation's qualified possession wages by 1998 and thereafter. (Sec. 8228) 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. (Sec. 8231) 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. (Sec. 8233) Excepts from foreign personal holding income 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. (Sec. 8234) Reduces the amount allowed as allocation and apportionment of research and experimental expenditures from sources within the United States. (Sec. 8235) Excludes passive dividends or interest income from foreign oil and gas income. (Sec. 8236) Modifies accuracy-related penalties for tax underpayments. (Sec. 8237) Denies the inclusion of certain contingent interest in the exemption for portfolio interest for nonresident aliens. (Sec. 8238) Authorizes the Secretary of the Treasury to prescribe regulations recharacterizing any multiple-party financing transaction as a transaction directly among any two or more such parties where appropriate to prevent any tax avoidance. (Sec. 8239) Provides that export property eligible for certain tax incentives does not include any unprocessed softwood timber for purposes of: (1) taxation of foreign sales corporations (FSCs); and (2) taxation of domestic international sales corporations (DISCs). Requires any income from the sale of such unprocessed timber which was cut from an area in the United States to be sourced in the United States. Repeals the deferral for income of the controlled foreign corporation from sales or milling (outside the United States) of unprocessed softwood timber to the extent that any controlled foreign corporation is owned by ten percent or more U.S. shareholders. (Sec. 8241) Increases the excise tax on gasoline, diesel fuel, aviation fuel, and other transportation fuels. (Sec. 8242) Imposes an excise tax on 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 within 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. 8243) Imposes a floor stocks tax on any person holding diesel fuel on April 1, 1994. (Sec. 8224) 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. (Sec. 8251) Requires information reporting on payments to corporations for services. (Sec. 8252) Modifies provisions concerning substantial understatement and return-preparer penalties to allow reasonable cause exceptions. (Sec. 8253) 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. (Sec. 8261) 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. (Sec. 8271) Denies the business travel expense deduction for spouses, dependents, or others. (Sec. 8272) Increases the withholding rate for supplemental wage payments. (Sec. 8273) Makes permanent the excise tax on certain vaccines. Title IX: Committee on Foreign Relations - Delays cost-of-living adjustments in Foreign Service retirement benefits during FY 1994 through 1996. (Sec. 9002) Eliminates the lump sum retirement option for certain Foreign Service employees. Title X: Committee on Governmental Affairs - Subtitle A: Civil Service - Delays cost-of-living adjustments in Federal employee retirement benefits during FY 1994 through 1996. (Sec. 1002) Eliminates permanently the lump sum retirement option for certain Federal employees. (Sec. 1003) Amends Federal law to make changes regarding District of Columbia government contributions for specified periods for certain employee and annuitant health benefits. Subtitle B: Postal Service - Directs the United States 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: Miscellaneous - Makes changes under the Civil Service and Federal Employees Retirement Systems regarding survivor annuities. Title XI: Judiciary - Amends the Omnibus Budget Reconciliation Act of 1990 to extend through FY 1998 the surcharge fees for Patent and Trademark Office users. Title XII: Committee on Labor and Human Resources - Subtitle A: Student Loan Provisions - 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, over a four-year transition period. Chapter 1: Federal Direct Student Loan Program - Amends HEA to change the Federal Direct Loan Demonstration Program to the Federal Direct Student Loan Program (FDSL). (Sec. 12011) Sets forth program authority for making necessary sums available to make FDSL loans to all eligible students (and parents) at participating higher education institutions selected by the Secretary of Education (Secretary), for the period beginning July 1, 1994. Requires such loans to be made by participating institutions that also have agreements with the Secretary to originate loans, or by alternative originators designated by the Secretary. Directs the Secretary to provide funds for such student and parent loans either directly to a participating institution that also has an origination agreement or to a designated alternative originator, on the basis of need and eligibility of students and parents at each participating institution. Requires the Secretary to pay fees to assist in meeting costs of loan origination to participating institutions or alternative originators. Declares that no institution shall have a right to participate in FDSL programs. Provides for phase-in of the program, and 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 of eligible participating institutions to apply to originate FDSL loans as consortia. Sets forth FDSL program participation and origination agreement requirements for institutions. 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 according to different formulas for loans made before rather than on or after July 1, 1997. Sets minimum and maximum loan fees to be charged to borrowers. Provides for standard, extended, graduated, and income contingent repayment plan options. Sets forth deferment and forbearance possibilities (including national service). Sets forth provisions for consolidation, borrower defenses, optically imaged records, and nondischargeability in bankruptcy. 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 Secretary to use funds for research on, or demonstration or evaluation of, any FDSL program aspects, including flexible repayment plans. Provides funds for specified administrative expenses of the FDSL program and the transition from the FFEL program, including certain transition expenses of guaranty agencies. Establishes a bipartisan National Student Loan Reform Commission to study the advisability of replacing the FFEL program with direct lending. Authorizes appropriations. Chapter 2: Student Loan Savings - (Sec. 12022) Revises interest rates for new student loans after July 1, 1994. (Sec. 12023) Reduces student loan origination fees paid by students. Requires lenders to pay fees. (Sec. 12024) Requires the Student Loan Marketing Association (Sallie Mae) to pay an offset fee to the Secretary. (Sec. 12025) Reduces the amount of the tax exemption granted to holders of certain student loans. (Sec. 12026) Reduces the interest rate for consolidation loans. Requires holders of consolidation loans to pay a rebate fee to the Secretary. (Sec. 12027) Reduces certain maximum interest premiums and eliminates certain reinsurance fees. (Sec. 12028) Requires the transferee to pay the Secretary a loan transfer fee. (Sec. 12030) Establishes a $10,000 annual limit on PLUS loans, still subject to the limitation based on need. Requires multiple disbursement. Chapter 3: Conforming Amendments - Subchapter A: Conforming Amendments to the Higher Education Act of 1965 - Amends HEA to provide for access to FFEL program student and parent loans during the transition to the FDSL program. Provides for advances to guaranty agencies for lender-of-last-resort services. Requires Sallie Mae or its designated agent to begin making FFEL loans as lender-of-last-resort, subject to certain limitations, upon the Secretary's request, and to cease such lending when the triggering conditions have ceased. (Sec. 12043) Modifies terms of loans under the FFEL program. Authorizes requiring a defaulted borrower to make income contingent repayments. Subchapter B: Amendments to Other Laws - Amends the Internal Revenue Code to add or revise provisions relating to disclosure of tax return information with respect to income contingent repayment of student loans, individuals who owe on overpayment of Federal Pell Grants, and collection of payments on Federal Direct Student Loans. Chapter 4: 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 the Secretary specified 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. Chapter 5: General Effective Date - Sets forth the effective dates of subtitle A. Subtitle B: Public Health Service Act Provisons - Amends the Public Health Service Act (PHSA) to create a new title establishing the Health Coverage Clearinghouse to identify third parties which may be liable for payment for health care items and services furnished by a covered health program (defined as certain entities under the PHSA, a non-Federal entity under the Indian Self-Determination Act, or any other federally funded program providing payments for medical services that may be covered under a private health insurance policy). Requires: (1) the Secretary of the Treasury to furnish tax information to the Clearinghouse on the identity and employer of the spouse or parents; and (2) employers to furnish information on group health plan coverage of the individual, spouse, or parents. Requires the Clearinghouse to maintain a data bank containing such information. Authorizes disclosure of any information in the data bank to: (1) the Secretary, administrators of covered health programs (CHPs), employers, insurers; and (2) Federal and State law enforcement officials in connection with proceedings relating to a CHP. Mandates service fees to cover Clearinghouse costs. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the administrator of each employee benefit plan to comply with the amendments made by these provisions. (Sec. 12102) Mandates a study on referral of a patient by a health care provider to an entity in which the provider has a financial interest or from which the provider receives a financial benefit for the referral. (Sec. 12103) Delays, during specified fiscal years, cost-of-living increases for National Health Service Corps retiree annuitants. (Sec. 12104) Allows a members of the Corps who is covered by provisions of Federal law relating to retirement or the Federal Employees' Retirement System and has a critical medical condition to elect annuity benefits under specified provisions. (Sec. 12105) Amends the PHSA to allow malpractice coverage, in certain circumstances, for officers, employees, and contractors of entities that are migrant or community health centers or that provide health services for the homeless or for residents of public housing when they provide services to individuals who are not patients of the entities. Subtitle C: Improved Immunization Delivery and Monitoring - Comprehensive Child Immunization Act of 1993 - Amends the Public Health Service Act to mandate establishment of a list of the vaccines that the Secretary of Health and Human Services recommends for administration to all children and a recommended administration schedule. Requires that the list and schedule be subordinate to State law. Mandates allotments to States. Provides for the establishment of State registries to monitor the immunization status of all children. Requires States to monitor and enforce compliance with these provisions by health care providers. Authorizes appropriations. Establishes a national immunization surveillance program to assess the effects of these provisions, provide technical assistance to States, and receive aggregate epidemiologic data collected by States. Authorizes appropriations. Directs the Secretary of Health and Human Services to provide for the distribution, without charge, of pediatric vaccines purchased by the Secretary to health care providers who are: (1) members of a uniformed service; (2) U.S. officers or employees; (3) federally qualified health centers; (4) migrant or community health centers; (5) entities providing health services for the homeless or for residents of public housing; or (6) public or nonprofit entities receiving funds under provisions of the Social Security Act relating to special projects of regional and national significance. Prohibits a provider receiving the vaccine from imposing a charge for the vaccine but allows a charge for the actual costs of the administration of the vaccine. Mandates activities to improve Federal, State, and local vaccine delivery systems and immunization outreach and education efforts, including a National Immunization Public Awareness Campaign and incorporation of immunization status assessment and referral in the application process for various types of Federal assistance. Authorizes grants to States to develop, revise, and implement immunization improvement plans. Requires States to establish child immunization rate goals. Authorizes appropriations. Mandates: (1) a biennial report on the costs, efficiency, and effectiveness of procedures established to deliver vaccine to health care providers; and (2) a report by the National Academy of Sciences on the role of the National Vaccine Program established under this title in achieving progress toward the established immunization goals for the year 2000. (Sec. 12203) Requires that the Vaccine Injury Table of the National Vaccine Injury Compensation Program include any vaccine on the list established under this subtitle. Allows a special master to award reasonable attorney's fees whether or not an election has been made to file a civil action regarding a vaccine injury compensation petition. Requires that compensation under the Program be used as determined by the special master to be in the best interests of the petitioner. (Current law requires that the compensation be used, with the consent of the petitioner, as determined by the special master to be in the best interests of the petitioner.) Sets time limits regarding applications for attorney's fees and costs. Authorizes appropriations for payment of compensation under the Program regarding vaccines administered before the effective date of the Program. Revises requirements regarding: (1) time limits on actions when the Table is revised; and (2) extensions of time limits for decisions. Mandates an annual report on amounts collected under provisions regarding subrogation of petitioners' rights. Requires the Advisory Commission on Childhood Vaccines to monitor the balance of the Vaccine Injury Trust Fund and recommend changes in the tax per dose. Revises requirements regarding vaccine information materials. Authorizes appropriations from the Trust Fund for administering the National Vaccine Program. (Sec. 12204) Removes provisions authorizing grants for research on the prevention and control of diseases through vaccination and related demonstration projects, public information programs, and health professionals training and clinical skills improvement. Subtitle D: ERISA Amendments - Chapter 1: Group Health Amendments - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to modify requirements regarding supersedure of State laws in connection with title XIX (Medicaid) of the Social Security Act requirements. (Sec. 12302) Prohibits a group health plan from reducing its coverage of pediatric vaccine costs below the coverage it provided on a specified date. Chapter 2: Liabilities and Penalties - Mandates joint and several liability for any person who participates in an act or omission of a fiduciary, knowing that the act or omission was a breach of fiduciary responsibility. (Sec. 12312) Changes requirements regarding civil enforcement actions brought by a participant, beneficiary, or fiduciary or by the Secretary of Labor and requires amounts recovered to be subject to a civil penalty. Limits awards of punitive damages and monetary relief. Modifies civil penalty requirements. Allows waiving or reducing penalties if the person will not be able to restore all losses to the plan, participants, or beneficiaries (currently, to the plan) without severe financial hardship. Requires reduction of penalties by the amount of any penalty or tax imposed by provisions of the Internal Revenue Code relating to minimum funding standards and prohibited transactions. Chapter 3: Public Health Service Act - Amends the Public Health Service Act to prohibit any health insurance policy in effect before a specified date from reducing coverage for pediatric vaccine costs below the coverage on the date of enactment of this provision. Mandates civil money penalties for violations. Title XIII: Veterans' Programs - Extends permanently (currently, ends September 30, 1997) the $90 monthly pension limitation for veterans having neither spouse nor child and being furnished domiciliary care by the Department of Veterans Affairs. (Sec. 13002) States that the FY 1994 cost of living increases in veterans' disability compensation and dependency and indemnity compensation shall be no more than the percentage increases under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. (Sec. 13003) Requires an increased reduction in the monthly basic pay of active duty and reserve personnel entering into service after FY 1993 for participation in the Montgomery GI Bill educational assistance program. Provides similar increases for those enrolled in such program before either voluntary or involuntary separation from the armed forces. (Sec. 13004) Extends permanently (currently terminated as of December 31, 1992) certain procedures applicable to liquidation sales on defaulted home loans to veterans which were guaranteed by the Department. Increases the home loan fees charged to such veterans for such guarantee loans. (Sec. 13006) Extends permanently: (1) the authority of the United States to recover from third party insurers the cost of certain care and services provided to veterans through the Department; (2) a required minimum copayment for medication received by certain veterans on an outpatient basis; and (3) the authority of the Secretary of Veterans Affairs to obtain, and the Secretary of the Treasury to provide, certain financial information of veterans for income verification purposes.

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