Budget

To establish a health care reform trust fund in the Treasury of the United States.

United States · United States Congress · 8 November 1993

Establishes the Health Care Reform Trust Fund to guarantee that the net deficit reduction required by the Health Security Act is fully achieved. Requires that the Fund: (1) consist only of amounts equal to the net deficit reduction estimated to result from the Act; and (2) be used exclusively for health care reform. Excludes amounts in the Fund that result from the net total of direct spending and receipts provisions calculated according to provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 from the totals under other provisions of that Act. Amends Federal law to require inclusion in the President's budget of Fund information and amounts.

71 Ms F. Fitzgerald asked the Minister for Arts, Culture and the Gaeltacht if he will give details of how he intends to fund Teilifís na Gaeilge; how RTE's budget will be affected; and the priorities of the station at its commencement.

Ireland · Dáil Éireann · 4 November 1993

71 Ms F. Fitzgerald asked the Minister for Arts, Culture and the Gaeltacht if he will give details of how he intends to fund Teilifís na Gaeilge; how RTE's budget will be affected; and the priorities of the station at its commencement.

71 Ms F. Fitzgerald asked the Minister for Arts, Culture and the Gaeltacht if he will give details of how he intends to fund Teilifís na Gaeilge; how RTE's budget will be affected; and the priorities of the station at its commencement.

Ireland · Dáil Éireann · 4 November 1993

71 Ms F. Fitzgerald asked the Minister for Arts, Culture and the Gaeltacht if he will give details of how he intends to fund Teilifís na Gaeilge; how RTE's budget will be affected; and the priorities of the station at its commencement.

North American Free Trade Agreement Implementation Act

United States · United States Congress · 4 November 1993

TABLE OF CONTENTS: Title I: Approval of, and General Provisions Relating to, the North American Free Trade Agreement Title II: Customs Provisions Title III: Application of Agreement to Sectors and Services Subtitle A: Safeguards Subtitle B: Agriculture Subtitle C: Intellectual Property Subtitle D: Temporary Entry of Business Persons Subtitle E: Standards Subtitle F: Corporate Average Fuel Economy Subtitle G: Government Procurement Title IV: Dispute Settlement in Antidumping and Countervailing Cases Subtitle A: Organizational, Administrative, and Procedural Provisions Regarding the Implementation of the Agreement Subtitle B: Conforming Amendments and Provisions Title V: NAFTA Transitional Adjustment Assistance and Other Provisions Subtitle A: NAFTA Transitional Adjustment Assistance Program Subtitle B: Provisions Relating to Performance Under the Agreement Subtitle C: Funding Subtitle D: Implementation of NAFTA Supplemental Agreements Title VI: Customs Modernization Subtitle A: Improvements in Customs Automation Program Subtitle B: National Customs Automation Program Subtitle C: Miscellaneous Amendments to the Tariff Act of 1930 Subtitle D: Miscellaneous Provisions and Consequential and Conforming Amendments to Other Laws North American Free Trade Agreement Implementation Act - Title I: Approval of, and General Provisions Relating to, the North American Free Trade Agreement - Declares that the Congress, pursuant to the Omnibus Trade and Competitiveness Act of 1988 and the Trade Act of 1974, approves: (1) the North American Free Trade Agreement (NAFTA) entered into on December 17, 1992, with Canada and Mexico and submitted to it on November 4, 1993; and (2) the statement of administrative action proposed to implement the Agreement that was submitted to it on November 4, 1993. Sets forth conditions for entry into force of NAFTA. (Sec. 102) Declares that U.S. laws shall prevail over provisions of NAFTA that conflict. Requires the President to consult with the States in order to achieve conformity of State laws with NAFTA. Requires the United States Trade Representative (USTR) to establish within the Office of the USTR a Federal-State consultation process to address issues relating to NAFTA that directly affect the States. Prohibits any person other than the United States from having a cause of action with respect to NAFTA. (Sec. 105) Authorizes the President to establish within any U.S. agency a U.S. Section of the Secretariat to facilitate the operation of NAFTA. Authorizes appropriations. (Sec. 106) Requires the United States to encourage the selection of individuals with expertise in environmental issues for service on the Chapter 20 panel to hear any challenge to a U.S. or State environmental law. (Sec. 107) Sets forth provisions governing the termination or suspension of NAFTA. (Sec. 108) Declares that the congressional approval of NAFTA may not be construed as applying to any countries other than Canada and Mexico. Sets forth provisions outlining future free trade area negotiations with other foreign countries. Title II: Customs Provisions - Authorizes the President to proclaim such modifications or continuation of any duty, continuation of duty-free or excise treatment, or additional duties as are necessary to carry out specified provisions of NAFTA. (Sec. 201) Requires the President to terminate Mexico's designation as a beneficiary developing country under the Trade Act of 1974 upon entry into force of NAFTA. Prohibits the President from considering a request to accelerate the staging of duty reductions for an article for which the United States tariff phaseout period is more than ten years if such request for such article has been denied in the preceding three years. Authorizes the President to convert the base rate of certain textiles imported from Mexico to an ad valorem rate. (Sec. 202) Sets forth, for purposes of implementing tariff treatment and quantitative restrictions provided in NAFTA, rules of origin with respect to goods from NAFTA countries. (Sec. 203) Defines the term "good subject to NAFTA drawback." Amends the Tariff Act of 1930 to prohibit an article manufactured in a bonded warehouse from materials that are goods subject to NAFTA drawback (refund) from being withdrawn from such warehouse for exportation to a NAFTA country without assessment of a duty on the materials in their condition and quantity, and at their weight, at the time of importation into the United States. Sets forth similar provisions with respect to articles from bonded smelting and refining warehouses. Authorizes merchandise, under specified conditions, to be cleaned, sorted, repacked, or otherwise changed in condition in bonded warehouses and be withdrawn: (1) for export to a NAFTA country if such merchandise consists of goods subject to NAFTA drawback (refund) and certain duties are assessed; and (2) without the payment of duties for export to NAFTA and, in certain cases, non-NAFTA countries. Amends the Foreign Trade Zones Act to provide that, if Canada ceases to be a NAFTA country and the U.S.-Canada Free-Trade Agreement terminates, no article manufactured or otherwise changed in condition (except a change by cleaning, testing, or repacking) shall be exported to Canada without the payment of a duty unless a certain privilege has been requested and no manipulation (change of condition) has occurred. Prohibits merchandise consisting of goods subject to NAFTA drawback that is manufactured or otherwise changed in condition from being exported to a NAFTA country without an assessment of a duty on it. Prohibits the Secretary of the Treasury (Secretary) from, on the condition of export, refunding or reducing fees imposed under the Agricultural Adjustment Act with respect to "goods subject to NAFTA drawback" that are exported to Canada after December 31, 1995, or Mexico after December 31, 2000, for so long as they are NAFTA countries. Declares that none of the amendments made under this Act shall be considered to authorize the refund, waiver, or reduction of countervailing duties or antidumping duties imposed on an imported good. (Sec. 204) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to prohibit customs user fees with respect to goods qualifying under the rules of origin from being: (1) charged with respect to goods that qualify to be marked as Canadian goods; and (2) increased after December 31, 1993, and charged after June 29, 1999, with respect to goods that qualify to be marked as Mexican goods. (Sec. 205) Amends the Tariff Act of 1930 to require persons who sign a NAFTA Certificate of Origin for a good for which preferential treatment is claimed to keep and render for inspection all records relating to the origin of the good. Sets forth penalties for violation of such recordkeeping requirements. Sets forth provisions regarding incorrect and false Certificates of Origin. (Sec. 206) Authorizes the United States Customs Service to reliquidate an entry to refund excess duties paid on a good qualifying under the rules of origin under the NAFTA for which no claim for preferential tariff treatment was made or protest filed at the time of importation if the importer, within one year after the importation, files a claim that includes specified information. (Sec. 207) Revises country of origin marking requirements with respect to certain pipe and steel products and manhole rings or frames and covers from NAFTA countries to include continuous paint stenciling, or an equally permanent method of marking, as methods for satisfying such requirements. Sets forth provisions regarding: (1) adverse marking and origin determinations by the U.S. Customs Service; and (2) the judicial review of such determinations. (Sec. 209) Declares the Secretary of Commerce may authorize the U.S. Customs Service to exchange information with any government agency of a NAFTA country provided certain safeguards are met. (Sec. 210) Prohibits duties from being refunded (drawnback) on imported color cathode-ray television picture tubes, including video monitor cathode-ray tubes, when such items are nonoriginating goods and are: (1) exported to a NAFTA country; (2) used as a material in the production of other goods that are exported to a NAFTA country; or (3) substituted for by goods of the same kind and quality used as a material in the production of other goods that are exported to a NAFTA country. (Sec. 211) Requires the U.S. Customs Service to monitor television and picture tube imports for a five-year period. Directs the U.S. Customs Service to make the results of such monitoring, including verification of the rules of origin, available to the President and the USTR. Title III: Application of Agreement to Sectors and Services - Subtitle A: Safeguards - Part 1: Relief From Imports Benefitting From the Agreement - Authorizes an entity, trade association, firm, certified or recognized union, or group of workers that is representative of an industry to file with the International Trade Commission (ITC) a petition requesting the adjustment of U.S. obligations under NAFTA. Requires the ITC to investigate, and make a determination, whether as a result of the reduction or elimination of a duty under NAFTA, a Canadian or Mexican article is being imported in such increased quantities as to constitute a substantial case of serious injury, or except in the case of a Canadian article, a threat of serious injury to a domestic industry producing an article that is like, or directly competitive with, such article. (Sec. 303) Requires the ITC, if it makes an affirmative determination, to recommend to the President the amount of import relief that is necessary to remedy or prevent such injury. (Sec. 308) Amends the United States-Canada Free-Trade Agreement Implementation Act to require the Secretary to decide whether to recommend to the President the imposition of a temporary duty on Canadian fresh fruits and vegetables. (Sec. 309) Requires the Secretary of Agriculture to determine each period of five consecutive business days in which the daily price for frozen concentrated orange juice is less than the trigger price and the first period occurring thereafter of five consecutive business days in which the daily price for frozen concentrated orange juice is greater than the trigger price. Sets forth a formula for determining the rate of duty on certain quantities of imported Mexican articles of frozen concentrated orange juice. Part 2: Relief From Imports From All Countries - Requires the ITC, if it makes an affirmative determination for import relief under the Trade Act of 1974 (or a determination which the President may treat as an affirmative determination under the Tariff Act of 1930), to also find (and report to the President) whether: (1) imports from a NAFTA country, considered individually, account for a substantial share of total imports; and (2) imports from a NAFTA country, considered individually, or, in exceptional circumstances considered collectively, contribute importantly to the serious injury, or threat of serious injury, caused by imports. (Sec. 312) Requires the President, in determining whether to take import relief action under the Trade Act of 1974 with respect to imports from a NAFTA country, to determine whether: (1) imports from such country, considered individually, account for a substantial share of total imports; or (2) imports from such a country, considered individually, or in exceptional circumstances considered collectively, contribute importantly to the serious injury, or threat of serious injury, found by the ITC. Requires the President to take specified actions with respect to such imports. Part 3: General Provisions - Amends the Trade Act of 1974 to authorize an entity representing a domestic industry that produces a citrus product that is like or directly competitive with an imported citrus product to file a request with the USTR for monitoring of such imports. Requires the ITC, upon the filing of a petition alleging import injury and a request for provisional import relief, to make a determination whether increased imports of such citrus products are a substantial cause of serious injury, or threat of serious injury, to the domestic industry producing such product. Defines "citrus product" to mean any processed oranges or grapefruit, or any orange or grapefruit juice, including concentrate. (Sec. 316) Requires the ITC, with respect to expediting an investigation concerning provisional import relief, to monitor, until January 1, 2009, imports of fresh or chilled tomatoes and peppers (other than chili peppers) as if proper requests for such monitoring have been made. (Sec. 317) Requires the ITC to adopt certain rules and procedures with respect to the release of confidential business information under the Tariff Act of 1930 and apply them in import injury investigations under NAFTA. Subtitle B: Agriculture - Amends the Meat Import Act of 1979 to redefine the term "meat articles." Authorizes the President to exclude meat articles originating in a NAFTA country, Canada, or Mexico from quantitative import limitations. (Sec. 321) Requires the President to take such action as may be necessary to ensure that imports of agricultural goods do not disrupt the orderly marketing of commodities in the United States. Declares that nothing in NAFTA reduces or eliminates: (1) any penalty required under the Agricultural Adjustment Act of 1938; or (2) any requirement under Marketing Agreement No. 146, Regulating the Quality of Domestically Produced Peanuts, on peanuts in the domestic market, pursuant to the Agricultural Act of 1949. Amends the Agricultural Adjustment Act of 1938 to express the sense of the Congress that the United States should request consultations in the Working Group on Emergency Action if imports of peanuts exceed the in-quota quantity under a tariff rate quota set out in NAFTA concerning whether: (1) the increased imports of peanuts constitute a substantial cause of, or contribute importantly to, serious injury, or threat of serious injury, to the domestic peanut industry; and (2) recourse under NAFTA or the General Agreement on Tariffs and Trade (GATT). Requires the Secretary of Agriculture to designate an office within the United States Department of Agriculture to be responsible for maintaining and disseminating data accumulated for verifying citrus, fruit, vegetable, and cut flower trade between the United States and Mexico. Requires the Secretary of Agriculture to implement a program requiring that end-use certificates be included in the documentation covering the entry into, or withdrawal from a warehouse for consumption in, the U.S. customs territory of any wheat or barley from a foreign country that requires end-use certificates of U.S. wheat or U.S. barley. Authorizes the Secretary of Agriculture to suspend such requirements when making a determination that the program has resulted in: (1) the reduction of income to U.S. producers of agricultural products; or (2) the reduction of the competitiveness of such U.S. producers in the world export markets. Requires the Secretary of Agriculture to suspend such requirements if a foreign country that requires end-use certificates for U.S. wheat and U.S. barley eliminates the requirement. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to require the Secretary of Agriculture to grant fellowships to individuals from NAFTA countries to study agriculture in the United States, and individuals in the United States to study agriculture in other NAFTA countries. Authorizes appropriations. Authorizes the Secretary of Agriculture to make grants to public agencies or private organizations with tax-exempt status that have experience in providing emergency services to low-income migrant or seasonal farmworkers if it is determined that implementation of the NAFTA has caused such farmworkers to lose income. Authorizes appropriations. Requires the Secretary of Agriculture to prepare, and submit to specified congressional committees, a biennial report on the effects of the NAFTA on U.S. producers of agricultural commodities and on U.S. rural communities. Subtitle C: Intellectual Property - Amends Federal patent law to extend U.S. intellectual property protections to inventions that are made in other countries by persons who are domiciled in a NAFTA country and serving in any other country in connection with operations by or on behalf of the United States or a NAFTA country. (Sec. 332) Amends the Record Rental Amendment of 1984 to repeal a provision of such Act with respect to rental rights in sound recordings. (Sec. 333) Amends the Trademark Act of 1946 to provide that nothing in such Act shall prevent the registration before enactment of the NAFTA: (1) of a mark which, when used on or in connection with the goods of an applicant for a trademark, is primarily geographically deceptively misdescriptive of them, and which became distinctive of the applicant's goods in commerce; or (2) on the supplemental register of a mark, capable of distinguishing the applicant's goods or services and not registrable on the principal register under such Act, that is declared to be unregistrable, if such mark has been in lawful use in commerce by the owner, on or in connection with any goods or services. (Sec. 334) Amends Federal copyright law to grant copyright protection to motion pictures that are first fixed or published in a NAFTA country, including any work in such pictures, that enter the U.S. public domain and are first published on or after January 1, 1978, and before March 1, 1989, even though certain required notice has not been given. Subtitle D: Temporary Entry of Business Persons - Classifies as nonimmigrants, if otherwise eligible for a visa and admissible into the United States under the Immigration and Nationality Act, any alien trader or investor who is a citizen of Canada or Mexico, including any accompanying spouse and children of such alien. (Sec. 341) Amends the Immigration and Nationality Act to authorize the admittance of aliens who are citizens of Canada or Mexico, including any spouse and children of such alien, into the United States to engage in business activities as professionals. Requires the Attorney General to establish annual numerical limits on such admissions. Prohibits such aliens from being classified as nonimmigrants if there is a strike or lockout in the course of a labor dispute in the applicable occupational classification, unless such aliens establish that their entry will not adversely affect the settlement of such strike or lockout or the employment of any person involved in the strike or lockout. Subtitle E: Standards - Part 1: Standards and Measures - Amends the Trade Agreements Act of 1979 to provide that nothing under such Act shall be construed to: (1) prohibit a Federal or State agency from engaging in activity related to sanitary or phytosanitary measures to protect human, animal, or plant life or health; (2) limit the authority of such agencies to determine the level of protection of human, animal, or plant life or health the agency considers appropriate; (3) prohibit a Federal agency from engaging in activity related to standards-related measures, including any such measure relating to safety, the protection of human, animal, or plant life or health, the environment or consumers; or (4) limit the authority of a Federal agency to determine the level it considers appropriate of safety or the protection of human, animal, or plant life or health, the environment or consumers. Requires the standards information center of the Department of Commerce, among other things, to make available to the public documents and information regarding: (1) general application of sanitary or phytosanitary measures by Federal or State agencies; and (2) participation of Federal and State governments and nongovernmental bodies in international and regional standardizing bodies and conformity assessment systems, and in bilateral and multilateral arrangements regarding standards-related measures. Part 2: Agricultural Standards - Amends the Federal Seed Act to declare that provisions of such Act requiring certain seeds to be stained shall not apply to alfalfa or clover seed from Mexico. (Sec. 361) Amends Federal law to authorize the Secretary of Agriculture to permit the importation: (1) of cattle, sheep, or other ruminants, and swine, from Canada or Mexico; and (2) from the British Virgin Islands into the U.S. Virgin Islands, for slaughter only, of cattle that have been infested with or exposed to ticks on being freed from such ticks. Authorizes the Secretary of Agriculture to waive provisions requiring the inspection of imported animals for contagious diseases and infections with respect to shipments between the United States and Canada or Mexico. Amends the Tariff Act of 1930 to authorize the Secretary of Agriculture to permit the importation of cattle, sheep, other ruminants, or swine (including their embryos), or the fresh, chilled, or frozen meat of such animals, from a region that the Secretary of Agriculture has determined to be, and is likely to remain, free from rinderpest and foot-and-mouth disease. Amends the Honeybee Act to authorize the importation into the United States of honeybees from Canada or Mexico if the Secretary of Agriculture determines that the region from which such honeybee originated is, and is likely to remain, free of diseases or parasites harmful to honeybees, and undesirable species or subspecies of honeybees. Amends the Poultry Products Inspection Act to require all poultry, or parts or products of poultry, that are intended as human food and imported into the United States from Canada and Mexico to meet inspection, sanitary, and processing standards that are equivalent to those in the United States. Amends the Federal Meat Inspection Act to require the Secretary of Agriculture to submit to specified congressional committees a report that includes, among other things, a certification by the Secretary of Agriculture that foreign plants in Canada and Mexico that export carcasses or meat or meat products have complied with requirements that are equivalent to U.S. requirements with regard to inspection and building construction standards. Requires all domestic peanut butter and peanut paste to be processed from peanuts that meet the quality standards established for peanuts under Marketing Agreement No. 146. Requires the Secretary of Agriculture to make grants to a land grant college or university for the construction of a facility (to be known as the Southwest Regional Animal Health Biocontainment Facility) at such college or university to do research in animal health, disease-transmitting insects, and toxic chemicals that requires the use of biocontainment facilities and equipment. Authorizes appropriations. Requires the Secretary of Agriculture to prepare, and submit to specified congressional committees, annual reports on the impact of the NAFTA on the inspection of imported meat, poultry, other foods, animals, or plants. Subtitle F: Corporate Average Fuel Economy - Amends the Motor Vehicle Information and Cost Savings Act to provide that, for purposes of calculating the corporate average fuel economy of certain passenger automobiles, such automobiles shall be considered domestically manufactured in a model year if at least 75 percent of the manufacturer's cost is attributable to value added in the United States, Canada, or Mexico, unless the assembly of the automobile is completed in Canada or Mexico and such automobile is not imported into the United States prior to the expiration of 30 days following the end of that model year. Subtitle G: Government Procurement - Amends the Trade Agreements Act of 1979 to revise provisions regarding the waiver of discriminating purchasing requirements with respect to Government contracting to apply to countries that are parties to the NAFTA. Declares that the President's authority to waive such requirements does not authorize the waiver of any small business or minority preference. Title IV: Dispute Settlement in Antidumping and Countervailing Duty Cases - Subtitle A: Organizational, Administrative, and Procedural Provisions Regarding the Implementation of Chapter 19 of the Agreement - Sets forth organizational and administrative provisions regarding the selection of individuals to serve on binational panels and extraordinary challenge committees. (Sec. 402) Establishes within the interagency trade organization an interagency group, which shall be chaired by the USTR and consist of appropriate officers, to annually prepare, and submit to appropriate congressional committees, lists of individuals who are qualified to serve on such panels and committees. (Sec. 407) Authorizes an entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a U.S. industry to file with the USTR a petition requesting that the industry be appropriately identified whenever it has reason to believe that: (1) as a result of implementation of NAFTA, the industry is likely to face increased competition from subsidized imports from a NAFTA country, or such industry is likely to face increased competition from subsidized imports from any other country designated by the President as benefitting from a reduction of tariffs or other trade barriers under a trade agreement that enters into force with the United States after January 1, 1994; and (2) the industry is likely to experience a deterioration of its competitive position before more rules relating to the use of government subsidies have been developed with respect to the subject country. Requires the USTR upon receipt of a petition to decide whether to identify the industry on the basis of both the subsidization and deterioration of its competitive position. Requires the USTR, if there is an identification, to take appropriate action, including: (1) compiling and making available to the industry certain trade information; and (2) recommending to the President that the ITC commence an investigation under the Tariff Act of 1930. Subtitle B: Conforming Amendments and Provisions - Amends the Tariff Act of 1930 to apply provisions of such Act regarding time limits for commencing judicial review in antidumping duty and countervailing duty actions to cases involving merchandise from a free trade area (NAFTA) country. Title V: NAFTA Transitional Adjustment Assistance and Other Provisions - Subtitle A: NAFTA Transitional Adjustment Assistance Program - NAFTA Worker Security Act - Amends the Trade Act of 1974 to require a group of workers, including workers in any agricultural firm or subdivision of an agricultural firm, to be certified as eligible for adjustment assistance if the Secretary of Labor determines that a significant number of workers in such firm or subdivision have become totally or partially separated, or are threatened to become totally or partially separated, and either that: (1) the sales or production, or both, of such firm or subdivision have decreased, imports from Mexico or Canada of articles like or directly competitive with the firm's articles have increased, and such increase in imports contributed to such workers' separation or threat of separation and to the decline in the firm's sales or production; or (2) there has been a shift in production by such workers' firm or subdivision to Mexico or Canada of articles like or directly competitive with the firm's articles. (Sec. 502) Sets forth provisions regarding: (1) the filing of petitions for worker adjustment assistance; (2) petition findings; and (3) review of petitions by the Secretary of Labor. (Sec. 503) Prohibits a worker from receiving duplicative assistance. (Sec. 504) Authorizes appropriations. (Sec. 507) Amends the Internal Revenue Code to provide for a self-employment assistance program which makes certain qualified individuals eligible to receive an allowance in lieu of regular unemployment compensation under State law in order to assist such an individual in establishing a business and becoming self-employed. Subtitle B: Provisions Relating to Performance Under the Agreement - Expresses the sense of the Congress that a State, province, or other governmental entity of a NAFTA country that discriminatorily enforces sales or other taxes so as to afford protection to its domestic production or domestic service providers shall be considered in violation of the NAFTA. Requires the USTR to pursue all appropriate remedies when such discriminatory enforcement adversely affects U.S. producers of goods or U.S. service providers. (Sec. 512) Requires the President, by not later than July 1, 1997, to provide the Congress a comprehensive study on the operation and effects of NAFTA. (Sec. 513) Amends the Trade Act of 1974 to require the USTR, no later than 30 days after a specified report is submitted to specified congressional committees, to identify any act, policy, or practice of Canada which: (1) affects cultural industries; (2) is adopted or expanded after December 17, 1992; and (3) is actionable under the NAFTA. (Sec. 514) Requires the USTR to annually submit to specified congressional committees a report on how effective the NAFTA is on increasing U.S. exports of motor vehicles and motor vehicle parts to Mexico. (Sec. 515) Amends the Caribbean Basin Economic Recovery Act to authorize and direct the Commissioner of Customs to make grants to an institution (or consortium of such institutions) to assist it in establishing in Texas a Center for the Study of Western Hemispheric Trade in order to promote and study trade between the Western Hemisphere countries. Subtitle C: Funding - Part 1: Customs User Fees - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to increase for FY 1994 through 1997 the customs user fees for the arrival of each passenger aboard a commercial vessel or commercial aircraft from outside the U.S. customs territory. Maintains for FY 1998 and thereafter the current five dollar customs user fee for the arrival of each passenger aboard such vessel or aircraft from a place outside the United States. Part 2: Internal Revenue Code Amendments - Amends the Internal Revenue Code to authorize the Secretary to disclose to officers and employees of the Department of the Treasury (particularly the Customs Service) certain tax information. (Sec. 523) Directs the Secretary to prescribe regulations for the development of an electronic fund transfer system for the collection of depository taxes. Subtitle D: Implementation of NAFTA Supplemental Agreements - Part 1: Agreements Relating to Labor and Environment - Authorizes the United States to participate in: (1) the Commission for Labor Cooperation in accordance with the North American Agreement on Labor Cooperation; (2) the Commission for Environmental Cooperation in accordance with the North American Agreement on Environmental Cooperation; and (3) the Border Environment Cooperation Commission in accordance with the Border Environment Cooperation Agreement. Authorizes appropriations. Part 2: North American Development Bank and Related Provisions - Authorizes the President to accept membership for the United States in the North American Development Bank. (Sec. 541) Amends Federal banking law to exempt the Bank from the securities laws with respect to the issuance of certain securities by such Bank. (Sec. 543) Authorizes the President to enter into agreements with the Bank for implementation of a community adjustment and investment program pursuant to the Border Environment Cooperation Agreement. Requires the President to establish the Community Adjustment and Investment Program Advisory Committee to provide advice to the President with respect to the implementation of such program. Authorizes appropriations. Title VI: Customs Modernization - Subtitle A: Improvements in Customs Enforcement - Amends the Tariff Act of 1930 to revise customs procedures with respect to: (1) electronic transmission of forged, altered, or false data to the United States Customs Service with regard to the entry of imported merchandise; (2) penalties for failure to declare imported controlled substances; (3) examination and detention of imported merchandise; (4) certain recordkeeping requirements; (5) examination of books and witnesses; (6) review of protests by the Customs Service; (7) a repeal of a provision relating to the reliquidation on account of fraud; (8) penalties relating to manifests, false drawback or refund claims, and for fraud, gross negligence, and negligence; (9) unlawful unloading or transshipment; (10) public access to Customs Service interpretive rulings and decisions; and (11) seizure of imported merchandise. Subtitle B: National Customs Automation Program - Directs the Secretary to establish the National Customs Automation Program which shall be an automated and electronic system for the processing of commercial imports. (Sec. 631) Provides for electronic data transmission relating to: (1) remote location filing; (2) effective date of rates of duty on imported merchandise; (3) merchandise manifests; (4) imported merchandise invoices; (5) entry and release of imported merchandise; (6) admissibility in administrative and judicial proceedings of electronically transmitted information; (7) appraisement and liquidations of imported merchandise; (8) the payment of duties; (9) abandonment and damage to imported merchandise; (10) protests of Customs Service decisions; (11) refunds and errors; (12) bonds and other security; and (13) customhouse brokers. (Sec. 632) Requires a refund (drawback) of duties (less one per cent of such duties) on articles produced in the United States with imported merchandise that have been destroyed under Customs Service supervision, provided such articles have not been used prior to such destruction. (Sec. 644) Sets forth provisions with respect to customs officers' immunity in regard to the appraisement of or collection of duties on imported merchandise. Subtitle C: Miscellaneous Amendments to the Tariff Act of 1930 - Amends the Tariff Act of 1930 to authorize the Secretary to disregard the difference, but not less than $20 (currently ten dollars), between the total estimated duties deposited with respect to imported merchandise and the total amount actually due on such merchandise. Increases specified ceiling amounts of duty-free gifts and articles. (Sec. 652) Requires masters of vessels that have visited a hovering vessel or received merchandise while outside the U.S. territorial sea to report their arrival to the nearest customs facility. Provides for the electronic transmission of vessel documentation to the Customs Service. (Sec. 653) Requires specified kinds of vessels to report to the nearest Customs Service facility within 24 hours (or other period of time as provided) after arrival at a U.S. port. (Sec. 655) Exempts from entry and clearance requirements certain passenger vessels on excursion from the U.S. Virgin Islands to the British Virgin Islands and returning, U.S. documented vessels with recreational endorsement, or (as under current law) undocumented U.S. pleasure vessels not engaged in trade, except such vessels must comply upon arrival with specified customs reporting requirements and navigation laws and must not have visited any hovering vessel. (Sec. 656) Prohibits merchandise, passengers, or baggage from being unladen from any vessel required to make entry or vehicle required to report its arrival until such entry or report of arrival is made and a permit for unlading has been issued by the Customs Service. Authorizes the issuance of such permits through electronic data transmission. (Sec. 659) Reduces from one year to six months the length of time merchandise may remain in customs custody with fees unpaid before it may be treated as unclaimed. (Sec. 662) Authorizes the Secretary to prescribe regulations for the declaration and entry of merchandise whose value does not exceed a designated amount, but not more than $2,500 (currently not greater than $1,250), or when different commercial facilitation and risk considerations that may vary for different classes or kinds of merchandise or different classes of transactions may dictate. (Sec. 663) Reduces from one year to 90 days the minimum length of time after forfeiture the Secretary must wait before selling at public auction any seized imported merchandise with a counterfeit mark. (Sec. 664) Sets forth certain recordkeeping requirements for merchandise transported by pipeline. (Sec. 665) Authorizes the withdrawal from warehouse of turbine fuel without the payment of duties provided certain requirements are met. (Sec. 667) Authorizes the Customs Service to order the destruction or other appropriate disposition of vessels, vehicles, aircraft, merchandise, or baggage that has been seized under the customs laws if it determines that the expense of keeping such items is disproportionate to their value (currently applies only to items of less than $1,000 in value). (Sec. 668) Requires actions for fraud, gross negligence, and negligence, false drawback, or refund claims with respect to imported merchandise to be instituted within five years after the alleged violation or discovery of such fraud. (Sec. 669) Requires the Customs Service to be reimbursed for costs incurred in collecting fees on behalf of Government agencies. (Sec. 670) Authorizes the Secretary to settle, for no more than $50,000 in each case, claims for damage to, or loss of, privately owned property caused by an investigative or law enforcement officer of the Customs Service. (Sec. 671) Provides for the use of private collection agencies to recover money owed the United States under customs laws. Subtitle D: Miscellaneous Provisions and Consequential and Conforming Amendments to Other Laws - Amends the Harmonized Tariff Schedule of the United States to exempt from such Schedule articles which are returned within 45 days after being exported from the United States as undeliverable and which have not left the custody of the carrier or foreign customs service. (Sec. 681) Declares that certain railway locomotives and railway freight cars on which no duty is owed are not subject to the entry or release requirements for imported merchandise under the Tariff Act of 1930. States that instruments of international trade, such as containers, lift vans, rail cars and locomotives, truck cabs and trailers, etc., are exempt from formal entry procedures, but must be accounted for when imported to and exported from the United States through the manifesting procedures required for international carriers. (Sec. 683) Amends the Internal Revenue Code to authorize the payment from the Harbor Maintenance Trust Fund of administrative expenses incurred by the Army Corps of Engineers and the Department of Commerce, not to exceed $5 million for any fiscal year. (Sec. 684) Amends Federal law to grant the Court of International Trade exclusive jurisdiction of any civil action for review of decisions of the Customs Service that deny, suspend, or revoke accreditation of private customs laboratories. Bars the commencement of such actions unless brought within 60 days of such decisions. (Sec. 685) Authorizes the payment of certain claims against Customs Service employees out of the Department of the Treasury Forfeiture Fund. Authorizes (currently mandates) unobligated amounts in such Fund to be kept on deposit or invested in U.S. bonds. (Sec. 686) Requires U.S. and foreign vessels to obtain clearance from the Customs Service before proceeding from a U.S. port for: (1) a foreign port; (2) another U.S. port (for foreign vessels only), or (for U.S. vessels only) another U.S. port if the vessel has bonded or foreign merchandise for which entry has not been made; or (3) outside the U.S. territorial sea to visit a hovering vessel or to receive merchandise. (Sec. 687) Repeals specified provisions of Federal law. (Sec. 691) Requires the Commissioner of Customs to report to the Congress each fiscal year after FY 1994 on the collection of duties imposed under the antidumping and countervailing duty laws. Amends the Omnibus Budget Reconciliation Act of 1987 to authorize the Commissioner of Customs to obtain from the operators of centralized cargo examination stations information regarding fees paid to them for the provision of services at such stations. Amends the Customs and Trade Act of 1990 to require the Commissioner of Customs to: (1) devise a methodology for estimating the level of compliance with the U.S. customs laws; and (2) evaluate the extent to which such compliance was obtained during the 12-month period preceding the 60th day before each fiscal year 1994 through 1996.

Truth in Sentencing Act of 1993

United States · United States Congress · 4 November 1993

Truth in Sentencing Act of 1993 - Authorizes the Director of the Bureau of Justice Assistance to provide grants to States to build and operate space in correctional facilities in order to implement specified "truth in sentencing" requirements. Requires a State, to be eligible for funding under this Act, to have enacted and implemented such requirements, including provisions which: (1) restrict parole, good-time credit release, or other forms of early release to require that criminals convicted of crimes of violence serve at least 85 percent of the sentence imposed by a judge or jury; (2) require the sentencing authority to allow the defendant's victim or the victim's family the opportunity to be heard regarding the issue of sentencing; (3) require that a "life sentence" means life without possibility of parole; and (4) provide that the victim and the victim's family shall be notified whenever that defendant is to be released. Makes exceptions that: (1) allow the State to provide that the Governor may permit the release of a prisoner after a public hearing in which representatives of the public and the prisoner's victims have an opportunity to be heard regarding the proposed release; and (2) make a State eligible for funding under this Act when that State has enacted legislation that provides for the State to be in compliance with this Act within three years of the enactment of such State legislation. Sets forth provisions regarding: (1) the distribution of funds; and (2) limitations on funds. Authorizes appropriations. Directs that such appropriations be paid with funds saved as a result of reducing specified full-time equivalent positions in Federal agencies. Sets forth requirements regarding: (1) monitoring and notification of the President and the Congress as to whether such reductions are taking place (and, if they are not being met in a given agency, prohibits hiring for any position in such agency until the Office of Management and Budget notifies the President that the agency is in compliance); and (2) waivers.

North American Free Trade Agreement Implementation Act

United States · United States Congress · 4 November 1993

TABLE OF CONTENTS: Title I: Approval of, and General Provisions Relating to, the North American Free Trade Agreement Title II: Customs Provisions Title III: Application of Agreement to Sectors and Services Subtitle A: Safeguards Subtitle B: Agriculture Subtitle C: Intellectual Property Subtitle D: Temporary Entry of Business Persons Subtitle E: Standards Subtitle F: Corporate Average Fuel Economy Subtitle G: Government Procurement Title IV: Dispute Settlement in Antidumping and Countervailing Cases Subtitle A: Organizational, Administrative, and Procedural Provisions Regarding the Implementation of the Agreement Subtitle B: Conforming Amendments and Provisions Title V: NAFTA Transitional Adjustment Assistance and Other Provisions Subtitle A: NAFTA Transitional Adjustment Assistance Program Subtitle B: Provisions Relating to Performance Under the Agreement Subtitle C: Funding Subtitle D: Implementation of NAFTA Supplemental Agreements Title VI: Customs Modernization Subtitle A: Improvements in Customs Enforcement Subtitle B: National Customs Automation Program Subtitle C: Miscellaneous Amendments to the Tariff Act of 1930 Subtitle D: Miscellaneous Provisions and Consequential and Conforming Amendments to Other Laws North American Free Trade Agreement Implementation Act - Title I: Approval of, and General Provisions Relating to, the North American Free Trade Agreement - Declares that the Congress, pursuant to the Omnibus Trade and Competitiveness Act of 1988 and the Trade Act of 1974, approves: (1) the North American Free Trade Agreement (NAFTA) entered into on December 17, 1992, with Canada and Mexico and submitted to it on November 4, 1993; and (2) the statement of administrative action proposed to implement the Agreement that was submitted to it on November 4, 1993. Sets forth conditions for entry into force of NAFTA. (Sec. 102) Declares that U.S. laws shall prevail over provisions of NAFTA that conflict. Requires the President to consult with the States in order to achieve conformity of State laws with NAFTA. Requires the United States Trade Representative (USTR) to establish within the Office of the USTR a Federal-State consultation process to address issues relating to NAFTA that directly affect the States. Prohibits any person other than the United States from having a cause of action with respect to NAFTA. (Sec. 105) Authorizes the President to establish within any U.S. agency a U.S. Section of the Secretariat to facilitate the operation of NAFTA. Authorizes appropriations. (Sec. 106) Requires the United States to encourage the selection of individuals with expertise in environmental issues for service on the Chapter 20 panel to hear any challenge to a U.S. or State environmental law. (Sec. 107) Sets forth provisions governing the termination or suspension of NAFTA. (Sec. 108) Declares that the congressional approval of NAFTA may not be construed as applying to any countries other than Canada and Mexico. Sets forth provisions outlining future free trade area negotiations with other foreign countries. Title II: Customs Provisions - Authorizes the President to proclaim such modifications or continuation of any duty, continuation of duty-free or excise treatment, or additional duties as are necessary to carry out specified provisions of NAFTA. (Sec. 201) Requires the President to terminate Mexico's designation as a beneficiary developing country under the Trade Act of 1974 upon entry into force of NAFTA. Prohibits the President from considering a request to accelerate the staging of duty reductions for an article for which the United States tariff phaseout period is more than ten years if such request for such article has been denied in the preceding three years. Authorizes the President to convert the base rate of certain textiles imported from Mexico to an ad valorem rate. (Sec. 202) Sets forth, for purposes of implementing tariff treatment and quantitative restrictions provided in NAFTA, rules of origin with respect to goods from NAFTA countries. (Sec. 203) Defines the term "good subject to NAFTA drawback." Amends the Tariff Act of 1930 to prohibit an article manufactured in a bonded warehouse from materials that are goods subject to NAFTA drawback (refund) from being withdrawn from such warehouse for exportation to a NAFTA country without assessment of a duty on the materials in their condition and quantity, and at their weight, at the time of importation into the United States. Sets forth similar provisions with respect to articles from bonded smelting and refining warehouses. Authorizes merchandise, under specified conditions, to be cleaned, sorted, repacked, or otherwise changed in condition in bonded warehouses and be withdrawn: (1) for export to a NAFTA country if such merchandise consists of goods subject to NAFTA drawback (refund) and certain duties are assessed; and (2) without the payment of duties for export to NAFTA and, in certain cases, non-NAFTA countries. Amends the Foreign Trade Zones Act to provide that, if Canada ceases to be a NAFTA country and the U.S.-Canada Free-Trade Agreement terminates, no article manufactured or otherwise changed in condition (except a change by cleaning, testing, or repacking) shall be exported to Canada without the payment of a duty unless a certain privilege has been requested and no manipulation (change of condition) has occurred. Prohibits merchandise consisting of goods subject to NAFTA drawback that is manufactured or otherwise changed in condition from being exported to a NAFTA country without an assessment of a duty on it. Prohibits the Secretary of the Treasury (Secretary) from, on the condition of export, refunding or reducing fees imposed under the Agricultural Adjustment Act with respect to "goods subject to NAFTA drawback" that are exported to Canada after December 31, 1995, or Mexico after December 31, 2000, for so long as they are NAFTA countries. Declares that none of the amendments made under this Act shall be considered to authorize the refund, waiver, or reduction of countervailing duties or antidumping duties imposed on an imported good. (Sec. 204) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to prohibit customs user fees with respect to goods qualifying under the rules of origin from being: (1) charged with respect to goods that qualify to be marked as Canadian goods; and (2) increased after December 31, 1993, and charged after June 29, 1999, with respect to goods that qualify to be marked as Mexican goods. (Sec. 205) Amends the Tariff Act of 1930 to require persons who sign a NAFTA Certificate of Origin for a good for which preferential treatment is claimed to keep and render for inspection all records relating to the origin of the good. Sets forth penalties for violation of such recordkeeping requirements. Sets forth provisions regarding incorrect and false Certificates of Origin. (Sec. 206) Authorizes the United States Customs Service to reliquidate an entry to refund excess duties paid on a good qualifying under the rules of origin under the NAFTA for which no claim for preferential tariff treatment was made or protest filed at the time of importation if the importer, within one year after the importation, files a claim that includes specified information. (Sec. 207) Revises country of origin marking requirements with respect to certain pipe and steel products and manhole rings or frames and covers from NAFTA countries to include continuous paint stenciling, or an equally permanent method of marking, as methods for satisfying such requirements. Sets forth provisions regarding: (1) adverse marking and origin determinations by the U.S. Customs Service; and (2) the judicial review of such determinations. (Sec. 209) Declares the Secretary of Commerce may authorize the U.S. Customs Service to exchange information with any government agency of a NAFTA country provided certain safeguards are met. (Sec. 210) Prohibits duties from being refunded (drawnback) on imported color cathode-ray television picture tubes, including video monitor cathode-ray tubes, when such items are nonoriginating goods and are: (1) exported to a NAFTA country; (2) used as a material in the production of other goods that are exported to a NAFTA country; or (3) substituted for by goods of the same kind and quality used as a material in the production of other goods that are exported to a NAFTA country. (Sec. 211) Requires the U.S. Customs Service to monitor television and picture tube imports for a five-year period. Directs the U.S. Customs Service to make the results of such monitoring, including verification of the rules of origin, available to the President and the USTR. Title III: Application of Agreement to Sectors and Services - Subtitle A: Safeguards - Part 1: Relief From Imports Benefitting From the Agreement - Authorizes an entity, trade association, firm, certified or recognized union, or group of workers that is representative of an industry to file with the International Trade Commission (ITC) a petition requesting the adjustment of U.S. obligations under NAFTA. Requires the ITC to investigate, and make a determination, whether as a result of the reduction or elimination of a duty under NAFTA, a Canadian or Mexican article is being imported in such increased quantities as to constitute a substantial case of serious injury, or except in the case of a Canadian article, a threat of serious injury to a domestic industry producing an article that is like, or directly competitive with, such article. (Sec. 303) Requires the ITC, if it makes an affirmative determination, to recommend to the President the amount of import relief that is necessary to remedy or prevent such injury. (Sec. 308) Amends the United States-Canada Free-Trade Agreement Implementation Act to require the Secretary to decide whether to recommend to the President the imposition of a temporary duty on Canadian fresh fruits and vegetables. (Sec. 309) Requires the Secretary of Agriculture to determine each period of five consecutive business days in which the daily price for frozen concentrated orange juice is less than the trigger price and the first period occurring thereafter of five consecutive business days in which the daily price for frozen concentrated orange juice is greater than the trigger price. Sets forth a formula for determining the rate of duty on certain quantities of imported Mexican articles of frozen concentrated orange juice. Part 2: Relief From Imports From All Countries - Requires the ITC, if it makes an affirmative determination for import relief under the Trade Act of 1974 (or a determination which the President may treat as an affirmative determination under the Tariff Act of 1930), to also find (and report to the President) whether: (1) imports from a NAFTA country, considered individually, account for a substantial share of total imports; and (2) imports from a NAFTA country, considered individually, or, in exceptional circumstances considered collectively, contribute importantly to the serious injury, or threat of serious injury, caused by imports. (Sec. 312) Requires the President, in determining whether to take import relief action under the Trade Act of 1974 with respect to imports from a NAFTA country, to determine whether: (1) imports from such country, considered individually, account for a substantial share of total imports; or (2) imports from such a country, considered individually, or in exceptional circumstances considered collectively, contribute importantly to the serious injury, or threat of serious injury, found by the ITC. Requires the President to take specified actions with respect to such imports. Part 3: General Provisions - Amends the Trade Act of 1974 to authorize an entity representing a domestic industry that produces a citrus product that is like or directly competitive with an imported citrus product to file a request with the USTR for monitoring of such imports. Requires the ITC, upon the filing of a petition alleging import injury and a request for provisional import relief, to make a determination whether increased imports of such citrus products are a substantial cause of serious injury, or threat of serious injury, to the domestic industry producing such product. Defines "citrus product" to mean any processed oranges or grapefruit, or any orange or grapefruit juice, including concentrate. (Sec. 316) Requires the ITC, with respect to expediting an investigation concerning provisional import relief, to monitor, until January 1, 2009, imports of fresh or chilled tomatoes and peppers (other than chili peppers) as if proper requests for such monitoring have been made. (Sec. 317) Requires the ITC to adopt certain rules and procedures with respect to the release of confidential business information under the Tariff Act of 1930 and apply them in import injury investigations under NAFTA. Subtitle B: Agriculture - Amends the Meat Import Act of 1979 to redefine the term "meat articles." Authorizes the President to exclude meat articles originating in a NAFTA country, Canada, or Mexico from quantitative import limitations. (Sec. 321) Requires the President to take such action as may be necessary to ensure that imports of agricultural goods do not disrupt the orderly marketing of commodities in the United States. Declares that nothing in NAFTA reduces or eliminates: (1) any penalty required under the Agricultural Adjustment Act of 1938; or (2) any requirement under Marketing Agreement No. 146, Regulating the Quality of Domestically Produced Peanuts, on peanuts in the domestic market, pursuant to the Agricultural Act of 1949. Amends the Agricultural Adjustment Act of 1938 to express the sense of the Congress that the United States should request consultations in the Working Group on Emergency Action if imports of peanuts exceed the in-quota quantity under a tariff rate quota set out in NAFTA concerning whether: (1) the increased imports of peanuts constitute a substantial cause of, or contribute importantly to, serious injury, or threat of serious injury, to the domestic peanut industry; and (2) recourse under NAFTA or the General Agreement on Tariffs and Trade (GATT). Requires the Secretary of Agriculture to designate an office within the United States Department of Agriculture to be responsible for maintaining and disseminating data accumulated for verifying citrus, fruit, vegetable, and cut flower trade between the United States and Mexico. Requires the Secretary of Agriculture to implement a program requiring that end-use certificates be included in the documentation covering the entry into, or withdrawal from a warehouse for consumption in, the U.S. customs territory of any wheat or barley from a foreign country that requires end-use certificates of U.S. wheat or U.S. barley. Authorizes the Secretary of Agriculture to suspend such requirements when making a determination that the program has resulted in: (1) the reduction of income to U.S. producers of agricultural products; or (2) the reduction of the competitiveness of such U.S. producers in the world export markets. Requires the Secretary of Agriculture to suspend such requirements if a foreign country that requires end-use certificates for U.S. wheat and U.S. barley eliminates the requirement. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to require the Secretary of Agriculture to grant fellowships to individuals from NAFTA countries to study agriculture in the United States, and individuals in the United States to study agriculture in other NAFTA countries. Authorizes appropriations. Authorizes the Secretary of Agriculture to make grants to public agencies or private organizations with tax-exempt status that have experience in providing emergency services to low-income migrant or seasonal farmworkers if it is determined that implementation of the NAFTA has caused such farmworkers to lose income. Authorizes appropriations. Requires the Secretary of Agriculture to prepare, and submit to specified congressional committees, a biennial report on the effects of the NAFTA on U.S. producers of agricultural commodities and on U.S. rural communities. Subtitle C: Intellectual Property - Amends Federal patent law to extend U.S. intellectual property protections to inventions that are made in other countries by persons who are domiciled in a NAFTA country and serving in any other country in connection with operations by or on behalf of the United States or a NAFTA country. (Sec. 332) Amends the Record Rental Amendment of 1984 to repeal a provision of such Act with respect to rental rights in sound recordings. (Sec. 333) Amends the Trademark Act of 1946 to provide that nothing in such Act shall prevent the registration before enactment of the NAFTA: (1) of a mark which, when used on or in connection with the goods of an applicant for a trademark, is primarily geographically deceptively misdescriptive of them, and which became distinctive of the applicant's goods in commerce; or (2) on the supplemental register of a mark, capable of distinguishing the applicant's goods or services and not registrable on the principal register under such Act, that is declared to be unregistrable, if such mark has been in lawful use in commerce by the owner, on or in connection with any goods or services. (Sec. 334) Amends Federal copyright law to grant copyright protection to motion pictures that are first fixed or published in a NAFTA country, including any work in such pictures, that enter the U.S. public domain and are first published on or after January 1, 1978, and before March 1, 1989, even though certain required notice has not been given. Subtitle D: Temporary Entry of Business Persons - Classifies as nonimmigrants, if otherwise eligible for a visa and admissible into the United States under the Immigration and Nationality Act, any alien trader or investor who is a citizen of Canada or Mexico, including any accompanying spouse and children of such alien. (Sec. 341) Amends the Immigration and Nationality Act to authorize the admittance of aliens who are citizens of Canada or Mexico, including any spouse and children of such alien, into the United States to engage in business activities as professionals. Requires the Attorney General to establish annual numerical limits on such admissions. Prohibits such aliens from being classified as nonimmigrants if there is a strike or lockout in the course of a labor dispute in the applicable occupational classification, unless such aliens establish that their entry will not adversely affect the settlement of such strike or lockout or the employment of any person involved in the strike or lockout. Subtitle E: Standards - Part 1: Standards and Measures - Amends the Trade Agreements Act of 1979 to provide that nothing under such Act shall be construed to: (1) prohibit a Federal or State agency from engaging in activity related to sanitary or phytosanitary measures to protect human, animal, or plant life or health; (2) limit the authority of such agencies to determine the level of protection of human, animal, or plant life or health the agency considers appropriate; (3) prohibit a Federal agency from engaging in activity related to standards-related measures, including any such measure relating to safety, the protection of human, animal, or plant life or health, the environment or consumers; or (4) limit the authority of a Federal agency to determine the level it considers appropriate of safety or the protection of human, animal, or plant life or health, the environment or consumers. Requires the standards information center of the Department of Commerce, among other things, to make available to the public documents and information regarding: (1) general application of sanitary or phytosanitary measures by Federal or State agencies; and (2) participation of Federal and State governments and nongovernmental bodies in international and regional standardizing bodies and conformity assessment systems, and in bilateral and multilateral arrangements regarding standards-related measures. Part 2: Agricultural Standards - Amends the Federal Seed Act to declare that provisions of such Act requiring certain seeds to be stained shall not apply to alfalfa or clover seed from Mexico. (Sec. 361) Amends Federal law to authorize the Secretary of Agriculture to permit the importation: (1) of cattle, sheep, or other ruminants, and swine, from Canada or Mexico; and (2) from the British Virgin Islands into the U.S. Virgin Islands, for slaughter only, of cattle that have been infested with or exposed to ticks on being freed from such ticks. Authorizes the Secretary of Agriculture to waive provisions requiring the inspection of imported animals for contagious diseases and infections with respect to shipments between the United States and Canada or Mexico. Amends the Tariff Act of 1930 to authorize the Secretary of Agriculture to permit the importation of cattle, sheep, other ruminants, or swine (including their embryos), or the fresh, chilled, or frozen meat of such animals, from a region that the Secretary of Agriculture has determined to be, and is likely to remain, free from rinderpest and foot-and-mouth disease. Amends the Honeybee Act to authorize the importation into the United States of honeybees from Canada or Mexico if the Secretary of Agriculture determines that the region from which such honeybee originated is, and is likely to remain, free of diseases or parasites harmful to honeybees, and undesirable species or subspecies of honeybees. Amends the Poultry Products Inspection Act to require all poultry, or parts or products of poultry, that are intended as human food and imported into the United States from Canada and Mexico to meet inspection, sanitary, and processing standards that are equivalent to those in the United States. Amends the Federal Meat Inspection Act to require the Secretary of Agriculture to submit to specified congressional committees a report that includes, among other things, a certification by the Secretary of Agriculture that foreign plants in Canada and Mexico that export carcasses or meat or meat products have complied with requirements that are equivalent to U.S. requirements with regard to inspection and building construction standards. Requires all domestic peanut butter and peanut paste to be processed from peanuts that meet the quality standards established for peanuts under Marketing Agreement No. 146. Requires the Secretary of Agriculture to make grants to a land grant college or university for the construction of a facility (to be known as the Southwest Regional Animal Health Biocontainment Facility) at such college or university to do research in animal health, disease-transmitting insects, and toxic chemicals that requires the use of biocontainment facilities and equipment. Authorizes appropriations. Requires the Secretary of Agriculture to prepare, and submit to specified congressional committees, annual reports on the impact of the NAFTA on the inspection of imported meat, poultry, other foods, animals, or plants. Subtitle F: Corporate Average Fuel Economy - Amends the Motor Vehicle Information and Cost Savings Act to provide that, for purposes of calculating the corporate average fuel economy of certain passenger automobiles, such automobiles shall be considered domestically manufactured in a model year if at least 75 percent of the manufacturer's cost is attributable to value added in the United States, Canada, or Mexico, unless the assembly of the automobile is completed in Canada or Mexico and such automobile is not imported into the United States prior to the expiration of 30 days following the end of that model year. Subtitle G: Government Procurement - Amends the Trade Agreements Act of 1979 to revise provisions regarding the waiver of discriminating purchasing requirements with respect to Government contracting to apply to countries that are parties to the NAFTA. Declares that the President's authority to waive such requirements does not authorize the waiver of any small business or minority preference. Title IV: Dispute Settlement in Antidumping and Countervailing Duty Cases - Subtitle A: Organizational, Administrative, and Procedural Provisions Regarding the Implementation of Chapter 19 of the Agreement - Sets forth organizational and administrative provisions regarding the selection of individuals to serve on binational panels and extraordinary challenge committees. (Sec. 402) Establishes within the interagency trade organization an interagency group, which shall be chaired by the USTR and consist of appropriate officers, to annually prepare, and submit to appropriate congressional committees, lists of individuals who are qualified to serve on such panels and committees. (Sec. 407) Authorizes an entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a U.S. industry to file with the USTR a petition requesting that the industry be appropriately identified whenever it has reason to believe that: (1) as a result of implementation of NAFTA, the industry is likely to face increased competition from subsidized imports from a NAFTA country, or such industry is likely to face increased competition from subsidized imports from any other country designated by the President as benefitting from a reduction of tariffs or other trade barriers under a trade agreement that enters into force with the United States after January 1, 1994; and (2) the industry is likely to experience a deterioration of its competitive position before more rules relating to the use of government subsidies have been developed with respect to the subject country. Requires the USTR upon receipt of a petition to decide whether to identify the industry on the basis of both the subsidization and deterioration of its competitive position. Requires the USTR, if there is an identification, to take appropriate action, including: (1) compiling and making available to the industry certain trade information; and (2) recommending to the President that the ITC commence an investigation under the Tariff Act of 1930. Subtitle B: Conforming Amendments and Provisions - Amends the Tariff Act of 1930 to apply provisions of such Act regarding time limits for commencing judicial review in antidumping duty and countervailing duty actions to cases involving merchandise from a free trade area (NAFTA) country. Title V: NAFTA Transitional Adjustment Assistance and Other Provisions - Subtitle A: NAFTA Transitional Adjustment Assistance Program - NAFTA Worker Security Act - Amends the Trade Act of 1974 to require a group of workers, including workers in any agricultural firm or subdivision of an agricultural firm, to be certified as eligible for adjustment assistance if the Secretary of Labor determines that a significant number of workers in such firm or subdivision have become totally or partially separated, or are threatened to become totally or partially separated, and either that: (1) the sales or production, or both, of such firm or subdivision have decreased, imports from Mexico or Canada of articles like or directly competitive with the firm's articles have increased, and such increase in imports contributed to such workers' separation or threat of separation and to the decline in the firm's sales or production; or (2) there has been a shift in production by such workers' firm or subdivision to Mexico or Canada of articles like or directly competitive with the firm's articles. (Sec. 502) Sets forth provisions regarding: (1) the filing of petitions for worker adjustment assistance; (2) petition findings; and (3) review of petitions by the Secretary of Labor. (Sec. 503) Prohibits a worker from receiving duplicative assistance. (Sec. 504) Authorizes appropriations. (Sec. 507) Amends the Internal Revenue Code to provide for a self-employment assistance program which makes certain qualified individuals eligible to receive an allowance in lieu of regular unemployment compensation under State law in order to assist such an individual in establishing a business and becoming self-employed. Subtitle B: Provisions Relating to Performance Under the Agreement - Expresses the sense of the Congress that a State, province, or other governmental entity of a NAFTA country that discriminatorily enforces sales or other taxes so as to afford protection to its domestic production or domestic service providers shall be considered in violation of the NAFTA. Requires the USTR to pursue all appropriate remedies when such discriminatory enforcement adversely affects U.S. producers of goods or U.S. service providers. (Sec. 512) Requires the President, by not later than July 1, 1997, to provide the Congress a comprehensive study on the operation and effects of NAFTA. (Sec. 513) Amends the Trade Act of 1974 to require the USTR, no later than 30 days after a specified report is submitted to specified congressional committees, to identify any act, policy, or practice of Canada which: (1) affects cultural industries; (2) is adopted or expanded after December 17, 1992; and (3) is actionable under the NAFTA. (Sec. 514) Requires the USTR to annually submit to specified congressional committees a report on how effective the NAFTA is on increasing U.S. exports of motor vehicles and motor vehicle parts to Mexico. (Sec. 515) Amends the Caribbean Basin Economic Recovery Act to authorize and direct the Commissioner of Customs to make grants to an institution (or consortium of such institutions) to assist it in establishing in Texas a Center for the Study of Western Hemispheric Trade in order to promote and study trade between the Western Hemisphere countries. Subtitle C: Funding - Part 1: Customs User Fees - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to increase for FY 1994 through 1997 the customs user fees for the arrival of each passenger aboard a commercial vessel or commercial aircraft from outside the U.S. customs territory. Maintains for FY 1998 and thereafter the current five dollar customs user fee for the arrival of each passenger aboard such vessel or aircraft from a place outside the United States. Part 2: Internal Revenue Code Amendments - Amends the Internal Revenue Code to authorize the Secretary to disclose to officers and employees of the Department of the Treasury (particularly the Customs Service) certain tax information. (Sec. 523) Directs the Secretary to prescribe regulations for the development of an electronic fund transfer system for the collection of depository taxes. Subtitle D: Implementation of NAFTA Supplemental Agreements - Part 1: Agreements Relating to Labor and Environment - Authorizes the United States to participate in: (1) the Commission for Labor Cooperation in accordance with the North American Agreement on Labor Cooperation; (2) the Commission for Environmental Cooperation in accordance with the North American Agreement on Environmental Cooperation; and (3) the Border Environment Cooperation Commission in accordance with the Border Environment Cooperation Agreement. Authorizes appropriations. Part 2: North American Development Bank and Related Provisions - Authorizes the President to accept membership for the United States in the North American Development Bank. (Sec. 541) Amends Federal banking law to exempt the Bank from the securities laws with respect to the issuance of certain securities by such Bank. (Sec. 543) Authorizes the President to enter into agreements with the Bank for implementation of a community adjustment and investment program pursuant to the Border Environment Cooperation Agreement. Requires the President to establish the Community Adjustment and Investment Program Advisory Committee to provide advice to the President with respect to the implementation of such program. Authorizes appropriations. Title VI: Customs Modernization - Subtitle A: Improvements in Customs Enforcement - Amends the Tariff Act of 1930 to revise customs procedures with respect to: (1) electronic transmission of forged, altered, or false data to the United States Customs Service with regard to the entry of imported merchandise; (2) penalties for failure to declare imported controlled substances; (3) examination and detention of imported merchandise; (4) certain recordkeeping requirements; (5) examination of books and witnesses; (6) review of protests by the Customs Service; (7) a repeal of a provision relating to the reliquidation on account of fraud; (8) penalties relating to manifests, false drawback or refund claims, and for fraud, gross negligence, and negligence; (9) unlawful unloading or transshipment; (10) public access to Customs Service interpretive rulings and decisions; and (11) seizure of imported merchandise. Subtitle B: National Customs Automation Program - Directs the Secretary to establish the National Customs Automation Program which shall be an automated and electronic system for the processing of commercial imports. (Sec. 631) Provides for electronic data transmission relating to: (1) remote location filing; (2) effective date of rates of duty on imported merchandise; (3) merchandise manifests; (4) imported merchandise invoices; (5) entry and release of imported merchandise; (6) admissibility in administrative and judicial proceedings of electronically transmitted information; (7) appraisement and liquidations of imported merchandise; (8) the payment of duties; (9) abandonment and damage to imported merchandise; (10) protests of Customs Service decisions; (11) refunds and errors; (12) bonds and other security; and (13) customhouse brokers. (Sec. 632) Requires a refund (drawback) of duties (less one per cent of such duties) on articles produced in the United States with imported merchandise that have been destroyed under Customs Service supervision, provided such articles have not been used prior to such destruction. (Sec. 644) Sets forth provisions with respect to customs officers' immunity in regard to the appraisement of or collection of duties on imported merchandise. Subtitle C: Miscellaneous Amendments to the Tariff Act of 1930 - Amends the Tariff Act of 1930 to authorize the Secretary to disregard the difference, but not less than $20 (currently ten dollars), between the total estimated duties deposited with respect to imported merchandise and the total amount actually due on such merchandise. Increases specified ceiling amounts of duty-free gifts and articles. (Sec. 652) Requires masters of vessels that have visited a hovering vessel or received merchandise while outside the U.S. territorial sea to report their arrival to the nearest customs facility. Provides for the electronic transmission of vessel documentation to the Customs Service. (Sec. 653) Requires specified kinds of vessels to report to the nearest Customs Service facility within 24 hours (or other period of time as provided) after arrival at a U.S. port. (Sec. 655) Exempts from entry and clearance requirements certain passenger vessels on excursion from the U.S. Virgin Islands to the British Virgin Islands and returning, U.S. documented vessels with recreational endorsement, or (as under current law) undocumented U.S. pleasure vessels not engaged in trade, except such vessels must comply upon arrival with specified customs reporting requirements and navigation laws and must not have visited any hovering vessel. (Sec. 656) Prohibits merchandise, passengers, or baggage from being unladen from any vessel required to make entry or vehicle required to report its arrival until such entry or report of arrival is made and a permit for unlading has been issued by the Customs Service. Authorizes the issuance of such permits through electronic data transmission. (Sec. 659) Reduces from one year to six months the length of time merchandise may remain in customs custody with fees unpaid before it may be treated as unclaimed. (Sec. 662) Authorizes the Secretary to prescribe regulations for the declaration and entry of merchandise whose value does not exceed a designated amount, but not more than $2,500 (currently not greater than $1,250), or when different commercial facilitation and risk considerations that may vary for different classes or kinds of merchandise or different classes of transactions may dictate. (Sec. 663) Reduces from one year to 90 days the minimum length of time after forfeiture the Secretary must wait before selling at public auction any seized imported merchandise with a counterfeit mark. (Sec. 664) Sets forth certain recordkeeping requirements for merchandise transported by pipeline. (Sec. 665) Authorizes the withdrawal from warehouse of turbine fuel without the payment of duties provided certain requirements are met. (Sec. 667) Authorizes the Customs Service to order the destruction or other appropriate disposition of vessels, vehicles, aircraft, merchandise, or baggage that has been seized under the customs laws if it determines that the expense of keeping such items is disproportionate to their value (currently applies only to items of less than $1,000 in value). (Sec. 668) Requires actions for fraud, gross negligence, and negligence, false drawback, or refund claims with respect to imported merchandise to be instituted within five years after the alleged violation or discovery of such fraud. (Sec. 669) Requires the Customs Service to be reimbursed for costs incurred in collecting fees on behalf of Government agencies. (Sec. 670) Authorizes the Secretary to settle, for no more than $50,000 in each case, claims for damage to, or loss of, privately owned property caused by an investigative or law enforcement officer of the Customs Service. (Sec. 671) Provides for the use of private collection agencies to recover money owed the United States under customs laws. Subtitle D: Miscellaneous Provisions and Consequential and Conforming Amendments to Other Laws - Amends the Harmonized Tariff Schedule of the United States to exempt from such Schedule articles which are returned within 45 days after being exported from the United States as undeliverable and which have not left the custody of the carrier or foreign customs service. (Sec. 681) Declares that certain railway locomotives and railway freight cars on which no duty is owed are not subject to the entry or release requirements for imported merchandise under the Tariff Act of 1930. States that instruments of international trade, such as containers, lift vans, rail cars and locomotives, truck cabs and trailers, etc., are exempt from formal entry procedures, but must be accounted for when imported to and exported from the United States through the manifesting procedures required for international carriers. (Sec. 683) Amends the Internal Revenue Code to authorize the payment from the Harbor Maintenance Trust Fund of administrative expenses incurred by the Army Corps of Engineers and the Department of Commerce, not to exceed $5 million for any fiscal year. (Sec. 684) Amends Federal law to grant the Court of International Trade exclusive jurisdiction of any civil action for review of decisions of the Customs Service that deny, suspend, or revoke accreditation of private customs laboratories. Bars the commencement of such actions unless brought within 60 days of such decisions. (Sec. 685) Authorizes the payment of certain claims against Customs Service employees out of the Department of the Treasury Forfeiture Fund. Authorizes (currently mandates) unobligated amounts in such Fund to be kept on deposit or invested in U.S. bonds. (Sec. 686) Requires U.S. and foreign vessels to obtain clearance from the Customs Service before proceeding from a U.S. port for: (1) a foreign port; (2) another U.S. port (for foreign vessels only), or (for U.S. vessels only) another U.S. port if the vessel has bonded or foreign merchandise for which entry has not been made; or (3) outside the U.S. territorial sea to visit a hovering vessel or to receive merchandise. (Sec. 687) Repeals specified provisions of Federal law. (Sec. 691) Requires the Commissioner of Customs to report to the Congress each fiscal year after FY 1994 on the collection of duties imposed under the antidumping and countervailing duty laws. Amends the Omnibus Budget Reconciliation Act of 1987 to authorize the Commissioner of Customs to obtain from the operators of centralized cargo examination stations information regarding fees paid to them for the provision of services at such stations. Amends the Customs and Trade Act of 1990 to require the Commissioner of Customs to: (1) devise a methodology for estimating the level of compliance with the U.S. customs laws; and (2) evaluate the extent to which such compliance was obtained during the 12-month period preceding the 60th day before each fiscal year 1994 through 1996.

To eliminate certain expenditures provided by the Omnibus Budget Reconciliation Act of 1993.

United States · United States Congress · 3 November 1993

Amends the Internal Revenue Code (as amended by the Revenue Reconciliation Act of 1993 of the Omnibus Budget Reconciliation Act of 1993) to repeal: (1) the increase in the earned income tax credit; and (2) the increase in the presidential election campaign fund checkoff. Amends the Omnibus Budget Reconciliation Act of 1993 to repeal the moratorium on the collection of disallowances under the child welfare services provisions of the Social Security Act. Amends the Food Stamp Act (as amended by the Omnibus Budget Reconciliation Act of 1993) to repeal and reverse certain provisions which would increase the costs of the food stamp program.

Unfunded Federal Mandates Relief Act of 1993

United States · United States Congress · 3 November 1993

TABLE OF CONTENTS: Title I: Review of Intergovernmental Regulations Title II: Compensation of State and Local Governments for Additional Direct Costs Unfunded Federal Mandates Relief Act of 1993 - Title I: Review of Intergovernmental Regulations - Requires the President, after submitting the annual Federal budget, to submit to the Congress a report specifying and evaluating the costs to State and local governments of complying with intergovernmental regulations during the most recently completed fiscal year, the fiscal year in progress, and the next two fiscal years. Specifies the contents of such report. Authorizes the President to delegate the responsibility of preparing such report to the Director of the Office of Management and Budget or the head of any other Federal agency. Directs the responsible official to prescribe standards to be used by agencies in estimating the compliance costs and benefits of intergovernmental regulations. Directs each agency to furnish such official with required information pertaining to agency regulations. Title II: Compensation of State and Local Governments for Additional Direct Costs - Prohibits any Federal agency or U.S. court from requiring such governments, in any fiscal year, to comply with any intergovernmental regulation unless sufficient funds have been provided to reimburse them for additional compliance costs estimated for the fiscal year. Requires the Director of the Congressional Budget Office to transmit annually to the President and the Congress a report specifying an estimate of the total amount of additional direct costs that will be incurred in upcoming fiscal years by such governments in complying with each intergovernmental regulation promulgated pursuant to a significant law. Directs the chairmen of the congressional committees having jurisdiction over any significant law under which an intergovernmental regulation is promulgated to propose, to a bill providing funds for each fiscal year in which such regulation will be in effect, an amendment to appropriate funds to reimburse such governments for the additional direct costs they will incur in complying with such regulation. Sets forth procedures for reimbursements of such additional direct costs by Federal agencies to States, and by States to local governments.

To amend title XIX of the Social Security Act to permit a State to provide coverage of room and board furnished by a relative under home- and community-based waivers under the medicaid program if such coverage may be provided on a budget-neutral basis.

United States · United States Congress · 3 November 1993

Amends title XIX (Medicaid) of the Social Security Act to give States the option of covering room and board furnished by a relative under home- and community-based waivers under the Medicaid program only if such coverage does not result in greater expenditures under the State's Medicaid plan.

16 Mr. Gilmore asked the Minister for Transport, Energy and Communications if he has received any report from Telecom Éireann on the impact of the new calls price structure on the volume of calls, especially domestic calls; the budget and resources that have been allocated to the Telephone Users' Advisory Council established by him on 1 September 1993; the terms of reference of the council; if, in view of the controversy surrounding the recent change in pricing, he will consider the re-establishment of the statutory users' council provided for in the Postal and Telecommunications Services Act, 1993; and if he will make a statement on the matter.

Ireland · Dáil Éireann · 2 November 1993

16 Mr. Gilmore asked the Minister for Transport, Energy and Communications if he has received any report from Telecom Éireann on the impact of the new calls price structure on the volume of calls, especially domestic calls; the budget and resources that have been allocated to the Telephone Users' Advisory Council established by him on 1 September 1993; the terms of reference of the council; if, in view of the controversy surrounding the recent change in pricing, he will consider the re-establishment of the statutory users' council provided for in the Postal and Telecommunications Services Act, 1993; and if he will make a statement on the matter.

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.

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.

Federal Mandate Reduction, Reform, and Budget Act of 1993

United States · United States Congress · 1 November 1993

Federal Mandate Reduction, Reform, and Budget Act of 1993 - Amends the Congressional Budget Act of 1974 to set forth reporting requirements for the Office of Management and Budget and the Congressional Budget Office (CBO) with respect to reducing the direct costs to States and local governments of complying with Federal mandates. Requires concurrent resolutions on the budget to provide for such reductions until such costs do not exceed three percent of the estimated gross national product for the same fiscal year as the costs will be incurred. Requires CBO to prepare an analysis of mandated costs for States and local governments for each public bill or resolution reported in the Congress (except those from Appropriations Committees). Requires a similar analysis in the President's annual budget submissions. Requires initial regulatory flexibility analyses for proposed rules that establish or implement new Federal mandates to contain a description of the nature and amount of monetary costs to be incurred by State and local governments. Requires Federal agencies to prepare a cost estimate and cost benefit analysis of such mandates that would cost State and local governments at least $10 million for a fiscal year.

Tax Simplification and Technical Corrections Act of 1993

United States · United States Congress · 1 November 1993

TABLE OF CONTENTS: Title I: Provisions Relating to Individuals Subtitle A: Provisions Relating to Rollover of Gain on Sale of Principal Residence Subtitle B: Other Provisions Title II: Pension Simplification Subtitle A: Simplified Distribution Rules Subtitle B: Increased Access to Pension Plans Subtitle C: Nondiscrimination Provisions Subtitle D: Miscellaneous Simplification Title III: Treatment of Large Partnerships Subtitle A: General Provisions Subtitle B: Provisions Related to TEFRA Partnership Proceedings Title IV: Foreign Provisions Subtitle A: Simplification of Treatment of Passive Foreign Corporations Subtitle B: Treatment of Controlled Foreign Corporations Subtitle C: Other Provisions Title V: Other Income Tax Provisions Subtitle A: Provisions Relating to Subchapter S Corporations Subtitle B: Accounting Provision Subtitle C: Provisions Relating to Regulated Investment Companies Subtitle D: Tax-Exempt Bond Provisions Subtitle E: Insurance Provisions Subtitle F: Other Provisions Title VI: Estate And Gift Tax Provisions Title VII: Excise Tax Simplification Subtitle A: Provisions Related to Distilled Spirits, Wines, and Beer Subtitle B: Other Excise Tax Provisions Title VIII: Administrative Provisions Subtitle A: General Provisions Subtitle B: Tax Court Procedures Subtitle C: Authority for Certain Cooperative Agreements Subtitle D: Administrative Practice and Procedural Simplification Title IX: Financing Provisions Title X: Technical Corrections Subtitle A: Revenue Provisions Subtitle B: Income Security and Human Resource Amendments Subtitle C: Tariff and Customs Tax Simplification and Technical Corrections Act of 1993 - Title I: Provisions Relating to Individuals - Subtitle A: Provisions Relating to Rollover of Gain on Sale of Principal Residence - Allows gain to be rolled over from one residence to another in the order the residences are purchased and used, regardless of reasons for the sale of the old residence. (Sec. 102) Sets forth a two-year residence rule for taxpayers who sell a residence pursuant to a divorce or marital separation for purposes of determining the rollover of gain on the sale of a principal residence. Subtitle B: Other Provisions - Provides an exception to the passive loss rules if the loss does not exceed $200. (Sec. 112) Permits the payment of taxes by credit cards to the extent provided by regulations. (Sec. 113) Modifies the election to claim a child's unearned income on the parent's return. (Sec. 114) Establishes a foreign tax credit limitation for individuals whose gross income is from sources outside the United States, consists entirely of qualified passive income, and the amount of creditable foreign taxes does not exceed $200. (Sec. 115) Excludes certain personal transactions from foreign currency rules. (Sec. 116) Requires the Secretary of the Treasury to report to specified congressional committees on expanded access to simplified individual income tax returns and other actions taken to simplify them. (Sec. 117) Provides that the amount allowed as a deduction to rural mail carriers for the business expense of a vehicle shall be equal to qualified reimbursements. Amends the Technical and Miscellaneous Revenue Act of 1988 to repeal the rule on the business use of automobiles by rural mail carriers. (Sec. 118) Limits the exclusion of combat pay from withholding to the amount excludable from gross income. Title II: Pension Simplification - Subtitle A: Simplified Distribution Rules - Repeals: (1) the $5,000 limitation on the exclusion of employees' death benefits; and (2) the five-year forward income averaging for lump-sum distributions. (Sec. 203) Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments. (Sec. 204) Requires qualified plans to allow participants to elect to have distributions transferred directly to another qualified plan. Subtitle B: Increased Access to Pension Plans - Modifies certain simplified employee pensions with respect to allowable participants and participation requirements. (Sec. 212) Allows local governments and tax-exempt organizations to participate in cash or deferred arrangements. (Sec. 213) Authorizes the Secretary, as a condition of sponsorship, to prescribe rules defining the duties and responsibilities of certain master and prototype retirement plans. Subtitle C: Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profitsharing, stock bonus plan, etc. purposes. Makes such an employee one who is a five-percent owner or who has compensation from the employer in excess of $50,000. Provides a special rule where no employees are treated as highly compensated. (Sec. 222) Provides alternative methods of satisfying the special nondiscrimination requirements applicable to elective deferrals and employer matching contributions. (Sec. 223) Modifies the two-part nondiscrimination test for elective contributions under cash or deferred arrangements by permitting the use of the average deferral percentage for nonhighly compensated employees for the preceding year to be used in determining the permitted average deferral percentage for highly compensated employees for the current year. Subtitle D: Miscellaneous Simplification - Revises the definition of a leased employee to mean one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. (Sec. 232) Provides that the cost-of-living adjustment with respect to any calendar year is based on the increase in the applicable index as of the close of the calendar quarter ending September of the preceding calendar year. Requires the rounding of such amounts. (Sec. 233) Establishes a contribution limit for owner-employees of retirement plans. (Sec. 234) Eliminates the special vesting rule for multiemployer plans. (Sec. 236) Permits certain employers to elect an alternative full funding limitation with respect to any defined benefit plan based solely on the accrued liability under such plan. Requires the Secretary to adjust the 150-percent current liability full funding limit for other plans if there is a revenue shortfall. (Sec. 237) Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants after attainment of age 59 1/2. (Sec. 238) Modifies the treatment of governmental plans with respect to limits on contributions and benefits. (Sec. 239) Makes the social security retirement age the uniform retirement age for purposes of discrimination testing. (Sec. 240) Makes uniform the penalty provisions applicable to certain pension reporting requirements. (Sec. 242) Treats certain nonunion air pilots as a separate class of employees for nondiscrimination testing purposes. (Sec. 243) Provides special rules for distributions of deferred compensation plans of State and local governments and tax-exempt organizations. (Sec. 244) Provides that, for purposes of the excise tax, an employer reversion does not include certain amounts paid to the Federal Government by reason of certain government contracting regulations. (Sec. 245) Requires continuation of health coverage for employees, including retired employees, of failed financial institutions. Title III: Treatment of Large Partnerships - Subtitle A: General Provisions - Establishes special rules for large partnerships (250 or more partners) with respect to: (1) determining the income tax of a partner; and (2) computing the taxable income of a large partnership. Provides that a large partnership does not include one where: (1) substantially all of the activities involve the performance of personal services by individuals owning interests in such partnerships; or (2) 25 percent or more of partnership assets consist of oil or gas properties. (Sec. 302) Establishes simplified audit procedures for large partnerships. Requires a partner's return to be consistent with the partnership return. Allows partnerships to take adjustments into account through an imputed underpayment procedure or a flow-through-to-partners procedure. Authorizes and directs the Secretary to make adjustments at the partnership level in any partnership item to the extent necessary to have such item treated in the manner required, after notifying the partnership of such adjustment through certified or registered mail. Specifies certain restrictions on such adjustments. Provides for judicial review of such adjustment with the Tax Court, the appropriate district court, or the Claims Court. Prohibits any adjustments from being made three years after the later of the date on which the return was filed, or the last day for filing such return, except in specified cases. Allows a partnership to file a request for an administrative adjustment of partnership items during such time periods and provides for judicial review where such request is not allowed in full. (Sec. 303) Requires large partnerships to furnish information returns to partners by the first March 15 following the close of the partnership's tax year. (Sec. 304) Authorizes the Secretary to require large partnerships, or any other partnership with 250 or more partners, to file their returns on magnetic media. Subtitle B: Provisions Related to TEFRA Partnership Proceedings - Revises and sets forth new provisions relating to TEFRA (Tax Equity and Fiscal Responsibility Act of 1982) partnership proceedings. (Sec. 311) Provides for a declaratory judgment procedure in the Tax Court for treatment of non-partnership items with respect to an oversheltered return. Describes an oversheltered return as one which above no taxable income and a net loss from partnership items. (Sec. 312) Provides for the partnership return to be determinative of the audit procedure to be followed. (Sec. 313) Suspends the period of limitation for making assessments for a partner who is named in a bankruptcy petition. Provides a special rule for a tax matters partner in bankruptcy. (Sec. 314) Permits a small partnership to have a C corporation as a partner. (Sec. 315) Excludes a partial settlement agreement from the one-year limitation on assessment. (Sec. 316) Provides that if a TEFRA statute extension agreement is entered into, that agreement also extends the statute of limitations for filing refund claims until six months after the expiration of the limitations period for assessments. (Sec. 317) Provides a prepayment forum and a refund forum for raising the innocent spouse defense in TEFRA cases. (Sec. 318) Provides that partnership level proceedings include a determination of the applicability of penalties at the partnership level. Allows partners to raise any partner-level defenses in a refund forum. (Sec. 319) Specifies that an action to enjoin premature assessments of deficiencies attributable to partnership items may be brought in the Tax Court. Permits a party to appear before a court for the sole purpose of assessing that the period of limitations for assessing any tax attributable to partnership items has expired for that person. (Sec. 320) Provides for the treatment of premature petitions filed by notice partners or five-percent groups. (Sec. 321) Provides that the amount of the bond to stay assessment and collection should be based on the Tax Court's estimate of the aggregate liability of the parties to the action (and not all of the partners in the partners in the partnership). (Sec. 322) Suspends interest where there is a delay in computational adjustment resulting from TEFRA settlements. (Sec. 323) Grants a partner seven years (in lieu of three years) to request an administrative adjustment with respect to bad debts or worthless securities. Title IV: Foreign Provisions - Subtitle A: Simplification of Treatment of Passive Foreign Corporations - Repeals foreign personal holding company rules and foreign investment company rules. Exempts foreign corporations from the accumulated earnings tax and personal holding company rules. Provides for the treatment of personal service contracts under controlled foreign corporation rules. (Sec. 402) Replaces repealed provisions with revised rules for passive foreign corporations. Provides for taxing U.S. income on stock in passive foreign corporations through three alternative methods: (1) mark-to-market: (2) current inclusion; and (3) interest charge on excess distributions. Subjects less-than-25-percent shareholders of passive foreign corporations that are not U.S.-controlled, and who do not elect current inclusion, to the mark-to-market method or the interest-charge method for taxing income. Provides that if a passive foreign corporation is U.S.-controlled then every U.S. person owning stock in such corporation is subject to income inclusions under a modified version of controlled foreign corporation rules. Declares with regard to the mark-to-market method that: (1) if the fair market value of stock exceeds its adjusted basis, then the U.S. person shall include in gross income an amount equal to the amount of the excess; and (2) if the adjusted basis of stock exceeds the fair market value then the person shall be allowed a deduction equal to the lesser of the amount of such excess, or the unreversed inclusions. Describes a passive foreign corporation as any foreign corporation if: (1) 60 percent or more of its gross income is passive income; (2) the average percentage of assets which produce passive income or which are held for the production of passive income is at least 50 percent; or (3) such corporation is registered under the Investment Company Act of 1940, either as a management company or as a unit investment trust. Provides for the treatment of mark-to-market gain for purposes of the excise tax on undistributed income of regulated investment companies. Subtitle B: Treatment of Controlled Foreign Corporations - Provides that if a controlled foreign corporation sells or exchanges stocks in other foreign corporations, then gain recognized on such sale or exchange shall be included in the gross income of such corporation as a dividend to the same extent that it would have been included if such corporation were a U.S. person. (Sec. 412) Revises provisions concerning: (1) determining pro rata share of gain from certain sales or exchanges of stock in certain foreign corporations; (2) basis adjustments in stock held by lower-tier foreign corporations; (3) determination of previously taxed income in redemptions through use of related corporations; and (4) treatment of branch profits tax exemptions or reductions. (Sec. 413) Extends the application of the indirect foreign tax credit to certain controlled corporations below the third tier. Subtitle C: Other Provisions - Establishes new rules for the translation of certain accrued foreign taxes. Modifies present rules for translating all other foreign taxes. (Sec. 422) Permits the use of the simplified limitation on the foreign tax credit in determining the alternative minimum tax foreign tax credit. (Sec. 423) Modifies the excise tax on outbound transfers to avoid income tax. Title V: Other Income Tax Provisions - Subtitle A: Provisions Relating to Subchapter S Corporations - Allows the Secretary to validate an invalid S corporation election by a small business corporation where the failure to properly elect S status was inadvertent or untimely. (Sec. 502) Requires that adjustments for distributions by an S corporation during a taxable year be taken into account before applying the loss for a year in determining the amount in the accumulated adjustment account. (Sec. 503) Allows a small business trust to be an S corporation shareholder. (Sec. 504) Repeals the rule that treats an S corporation in its capacity as a shareholder of another corporation as an individual. Repeals the rule that an S corporation may not be a member of an affiliated group of corporations. Eliminates the need to keep records of certain generally small amounts of earnings arising before 1983. Provides for the treatment of inherited stock. Subtitle B: Accounting Provision - Revises the look-back method for long-term contracts and provides that for purposes of such method, only one rate of interest is to apply for each accrual period. Subtitle C: Provisions Relating to Regulated Investment Companies - Repeals the requirement that less than 30 percent of the gross income of a regulated investment company be derived from the sale or disposition of any of the following which were held for less than three months: (1) stock or securities; (2) options, futures, or forward contracts (other than those on foreign currencies); or (3) certain foreign currencies. (Sec. 522) Requires a broker to include on an information return with respect to gross proceeds from any disposition of stock in an open-end regulated investment company: (1) the basis of the stock disposed of; and (2) the portion of gross proceeds attributable to stock held for more than one year and the portion not so attributable (using a first-in, first-out basis). Defines an open-end regulated investment company as one which offers for sale or has outstanding any redeemable security of which it is the issuer. Sets forth special rules for determining the basis of stock in such companies. Modifies the load basis deferral rule for certain acquisitions. (Sec. 523) Permits a common trust fund to transfer substantially all of its assets to a regulated investment company without gain or loss being recognized by the fund or its participants under specified circumstances. Subtitle D: Tax-Exempt Bond Provisions - Repeals the $100,000 limitation on unspent proceeds under the one-year exception from arbitrage rebate requirements. (Sec. 532) Exempts earnings on bond proceeds invested in bona fide debt service funds from the arbitrage rebate requirements and the penalty requirement of the 24-month exception if the spending requirements of that exception are otherwise satisfied. (Sec. 533) Repeals the debt service-based limitation on investment in certain nonpurpose investments. Subtitle E: Insurance Provisions - Provides for the treatment of life insurance variable contracts on retired lives and sets forth special rules for modified guaranteed contracts. Subtitle F: Other Provisions - Provides that the taxable year of a partnership closes with respect to a partner whose entire interest in the partnership terminates, whether by death, liquidation, or otherwise. (Sec. 552) Modifies the credit for producing fuel from a nonconventional source. Title VI: Estate and Gift Tax Provisions - Allows the right of recovery with respect to qualified terminable interest property (for which a marital deduction is allowed) to be waived in a will only by specific reference. (Sec. 602) Provides that a transfer from a revocable trust within three years of death does not result in the inclusion of the transfer in the gross estate. (Sec. 603) Revises the qualified terminable interest rules with respect to a trust and the marital deduction. (Sec. 604) Provides that a trust created before the enactment of the Revenue Reconciliation Act of 1990 is treated as satisfying the withholding requirement if its trust instrument require that all trustees be U.S. citizens or domestic corporations. (Sec. 605) Directs the Secretary to prescribe procedures which provide that executors will have the opportunity to submit subsequent information on a recapture agreement in the filing of an estate tax return. Title VII: Excise Tax Simplification - Subtitle A: Provisions Related to Distilled Spirits, Wines, and Beer - Makes refunds available for imported bottled distilled spirits returned to distilled spirits plants. (Sec. 702) Permits records of exportation to be maintained by the exporter for purposes of canceling or crediting bonds furnished when distilled spirits are removed from bonded premises. (Sec. 703) Permits distilled spirits plants to maintain records of their activities at locations other than the premises where the operations covered by the records are performed. (Sec. 704) Allows beer to be transferred without payment of tax from a brewery to a distilled spirits plant to be used in the production of distilled spirits regardless of whether the brewery is contiguous to the distilled spirits plant. (Sec. 705) Repeals the requirement that wholesale liquor dealers post a sign outside their place of business indicating that they are wholesale liquor dealers. (Sec. 706) Repeals the requirement that wine returned to bonded premises be unmerchantable in order for tax to be refunded to the proprietor of the bonded wine cellar to which the wine is delivered. (Sec. 707) Allows the use of ameliorating material in certain wines made exclusively from a fruit or berry. (Sec. 708) Allows domestically-produced beer to be withdrawn from the place of production without payment of tax for the official or family use of representatives of foreign governments or public international organizations. (Sec. 709) Allows beer to be removed from a brewery without payment of tax for purposes of destruction. (Sec. 711) Provides for imported beer to be withdrawn from customs custody for transfer to a brewery without payment of tax. Subtitle B: Other Excise Tax Provisions - Authorizes the exemption from registration requirements of certain tax-free sales. Title VIII: Administrative Provisions - Subtitle A: General Provisions - Allows reproductions of returns in digital image format by the Internal Revenue Service. Requires the Comptroller General of the United States to conduct a study of available digital image technology and report to a specified congressional committees. (Sec. 802) Repeals: (1) the authority to disclose whether a prospective juror has been audited; and (2) special audit provisions regarding the tax treatment of subchapter S corporations. (Sec. 804) Provides an explanation of the statute of limitations with respect to the return of a taxpayer. (Sec. 805) Allows corporations to disregard any letter or notice of assessment or proposed assessment of tax if the deficiency or proposed deficiency is less than $100,000. Subtitle B: Tax Court Procedures - Provides that an order to refund an overpayment is appealable in the same manner as a decision of the Tax Court. Declares that the Tax Court shall not have jurisdiction over the validity or merits of the credits or offsets that reduce or eliminate the refund to which the taxpayer was otherwise entitled. (Sec. 812) Provides that a taxpayer who seeks an award of administrative costs must apply for such costs within 90 days of the date on which the taxpayer was determined to be a prevailing party. Provides that a taxpayer who appeals a denial of administrative costs must petition the Tax Court within 90 days after the date that the IRS mails the denial notice. (Sec. 813) Provides that a taxpayer must file a motion (rather than a petition) to seek a redetermination of interest in the Tax Court. (Sec. 814) Provides that the net worth limitations applicable to individuals also apply to estates and trusts. Provides that individuals who file a joint tax return shall be treated as one individual for purposes of computing the net worth limitations. Subtitle C: Authority for Certain Cooperative Agreements - Authorizes the Secretary to enter into cooperative agreements with State tax authorities for purposes of enhancing joint tax administration. Subtitle D: Administrative Practice and Procedural Simplification - Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. Provides for administrative review of denials of requests for, or termination of, installment agreements. (Sec. 832) Removes limitations on filing a joint return after filing separate returns. (Sec. 833) Authorizes the Secretary to offer compromises in civil or criminal cases. (Sec. 834) Establishes preliminary notice requirements for failure to pay tax. (Sec. 835) Exempts unpaid, volunteer board members of tax-exempt organizations from collection penalties if they do not have actual knowledge of the failure on which penalties are imposed. (Sec. 836) Revises provisions on the required content of tax due, deficiency, and other notices. (Sec. 837) Requires notice to a taxpayer of payments that the Secretary cannot associate with any outstanding tax liability of such taxpayer. (Sec. 838) Directs the Secretary to: (1) provide improved procedures for taxpayers to notify the Secretary of changes in names and addresses; and (2) include in the IRS publication entitled "Your Rights As a Taxpayer" a section on the rights and responsibilities of divorced individuals. Title IX: Financing Provisions - Treats as unrelated business taxable income: (1) certain dividends paid by foreign corporations to tax-exempt entities; and (2) certain income derived from controlled foreign corporations that would be included in the income of such tax-exempt entities. (Sec. 902) Applies the special rule for the rental use of a dwelling for less than 15 days per year to certain rental use where the community holding the event cannot provide sufficient commercial accommodations. (Sec. 904) Repeals the exemption from the withholding tax for bingo and keno for winnings of more than $10,000. Title X: Technical Corrections - Subtitle A: Revenue Provisions - Makes technical corrections to amendments related to: (1) the Revenue Reconciliation Act of 1990 (Title XI of the Omnibus Budget Reconciliation Act of 1990); and (2) the Revenue Reconciliation Act of 1993 (Title XIV of the Omnibus Budget Reconciliation Act of 1993). Subtitle B: Income Security and Human Resource Amendments - Makes technical corrections to the Social Security Act and the Omnibus Budget Reconciliation Act of 1990 relating to the Old-Age, Survivors and Disability Insurance program (OASDI). (Sec. 1012) Eliminates certain dollar rounding requirements with respect to OASDI benefits, the earnings test exemption, and adjustments to the health insurance tax contribution base. (Sec. 1016) Makes technical corrections to the Social Security Act, the Omnibus Budget Reconciliation Act of 1990, the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), and the Omnibus Budget Reconciliation Act of 1989 to make technical corrections related to income security and human resources provisions. Subtitle C: Tariff and Customs - Makes technical amendments to the Harmonized Tariff Schedule of the United States, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Omnibus Trade and Competitiveness Act of 1988, the Customs and Trade Act of 1990, the Caribbean Basin Economic Recovery Act, the Andean Preference Act, and the Tariff Act of 1930.

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.

To amend the Social Security Act to exclude the Unemployment Trust Fund from the budget of the United States Government.

United States · United States Congress · 28 October 1993

Amends the Social Security Act, the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), and the Congressional Budget Act of 1974 to provide for excluding the Unemployment Trust Fund from Federal budget calculations.

proposition de résolution sur le projet de budget général des Communautés européennes pour 1994 (n° E-124)

France · Senate · 27 October 1993

proposition de résolution sur l'avant-projet de budget général des Communautés européennes pour l'exercice 1994 - volume 2 - section I : Parlement

France · Senate · 27 October 1993

Deficit Reduction Assurance Act of 1993

United States · United States Congress · 27 October 1993

Deficit Reduction Assurance Act of 1993 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require the budget submitted for FY 1995, 1996, 1997, and 1998 to reduce discretionary spending limits by the amount of any reductions made in existing programs, projects, and activities during the previous fiscal year.

FAIR Act

United States · United States Congress · 27 October 1993

TABLE OF CONTENTS: Title I: Legislative Reform Title II: Federal Intergovernmental Relations Fiscal Accountability and Intergovernmental Reform Act (FAIR Act) - Title I: Legislative Reform - Provides that, with certain exceptions, whenever a committee of either House reports a bill or resolution of a public character (excluding resolutions of ratification of a treaty) to its House mandating unfunded requirements upon State or local governments or the private sector, the report accompanying that bill or resolution shall analyze the effect of the new requirements on: (1) State and local government expenditures necessary to comply with Federal mandates; (2) private businesses; and (3) economic growth and competitiveness. Requires the Congressional Budget Office to prepare such economic analyses. Title II: Federal Intergovernmental Relations - Provides that, whenever an agency publishes a general notice of proposed rulemaking or promulgates a final rule, the agency shall prepare and make available for public comment an Intergovernmental and Economic Impact Assessment. Specifies the contents of such an assessment.

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.

Violent Crime Control and Law Enforcement Act of 1994

United States · United States Congress · 26 October 1993

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to units of State and local government and public and private entities to increase police presence, expand and improve cooperative efforts between law enforcement agencies (LEAs) and members of the community to address crime and disorder problems, and otherwise enhance public safety. Authorizes the use of such grants for programs, projects, and other activities to: (1) rehire law enforcement officers who have been laid off as a result of State and local budget reductions for deployment in community-oriented policing; (2) hire and train new, additional career law enforcement officers for deployment in community-oriented policing across the nation; (3) increase the number of law enforcement officers interacting with community members on proactive crime control and prevention by redeploying officers to such activities; (4) provide specialized training to law enforcement officers to enhance skills needed to work in partnership with the community; (5) develop new technologies to assist State and local LEAs in reorienting the emphasis of their activities from reacting to crime to preventing crime; (6) establish innovative programs to reduce the amount of time that law enforcement officers must be away from the community while awaiting court appearances; and (7) develop and establish new administrative and managerial systems to facilitate the adoption of community-oriented policing as an organization-wide philosophy. Authorizes the Attorney General to: (1) give preference to grants for hiring and rehiring additional career law enforcement officers that involve a non-Federal contribution exceeding the 25 percent minimum under this Act; (2) provide certain technical assistance to units of State and local government and to public and private entities; and (3) utilize any office or service of the Department of Justice in carrying out this Act. Sets forth provisions regarding: (1) application requirements; (2) the review of applications by a designated State office; (3) grant renewal; (4) limitations on the use of funds; (5) performance evaluation; (6) revocation or suspension of funding; and (7) access by the Attorney General and the Comptroller General to documents of grant recipients for auditing purposes. Authorizes appropriations.

Family, Investment, Retirement, Savings, and Tax Fairness Act of 1993

United States · United States Congress · 21 October 1993

TABLE OF CONTENTS: Title I: Family Tax Credit Title II: Reducing the Cost of Capital by Reducing Capital Gains Tax Rates and Indexing the Basis of Certain Assets Title III: Neutral Cost Recovery Title IV: Increasing National Savings Through Individual Retirement Plus Accounts, Indexing for Inflation the Income Thresholds for Taxing Social Security Benefits, Etc. Title V: Cap on Federal Spending and Establishment of Commission to Reduce Federal Spending Title VI: Elimination of Social Security Earnings Test Family, Investment, Retirement, Savings, and Tax Fairness Act of 1993 - Title I: Family Tax Credit - Amends the Internal Revenue Code to allow individuals a tax credit of $500 multiplied by the number of qualifying children who have not attained age 18. Places limitations on such credit and adjusts it for inflation. Title II: Reducing the Cost of Capital by Reducing Capital Gains Tax Rates and Indexing the Basis of Certain Assets - Reduces the individual and corporate capital gains rate from 34 percent to 15 percent. Reduces such tax to 7.5 percent for low- and middle-income taxpayers. Provides for the phaseout of personal exemptions and the overall limitation on itemized deductions to take into account adjusted gross income which has been reduced by net capital gain. (Sec. 204) Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. (Sec. 205) Provides for indexing the limitation on capital losses of noncorporate taxpayers. Title III: Neutral Cost Recovery - Allows the depreciation deduction to be computed based on a neutral recovery basis for property placed in service after December 31, 1993. (Sec. 302) Establishes special depreciation rules applicable under the adjusted current earnings provisions of the minimum tax for 1994. Title IV: Increasing National Savings Through Individual Retirement Plus Accounts, Indexing for Inflation the Income Thresholds for Taxing Social Security Benefits, etc. - Allows individuals to establish individual retirement plus accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such account nondeductible. Provides for qualified distributions from such accounts, other than for general retirement purposes, including special purpose distributions made for the purchase of a first home and for medical or educational purposes. Prohibits special purpose distributions from being made during the first five years of the account. (Sec. 402) Provides an inflation adjustment after 1996 for income thresholds in determining the taxation of social security benefits. Excludes income from individual retirement plans when determining modified adjusted gross income. (Sec. 403) Provides an inflation adjustment after 1996 for the maximum amount allowable as a deduction for retirement savings. Title V: Cap on Federal Spending and Establishment of Commission to Reduce Federal Spending - Establishes the Commission on Reduction of Federal Spending to: (1) recommend specific reductions in Federal activities to assure that spending does not grow at a rate in excess of two percent per year through FY 1998; and (2) report a bill to the Congress with changes necessary to achieve such reductions. (Sec. 504) Establishes an advisory council to assist the Commission. (Sec. 509) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to set forth sequestration procedures when the increase in annual Federal spending exceeds the amount resulting from an annual rate of inflation of two percent. Title VI: Elimination of Social Security Earnings Test - Amends title II (Old Act, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.

28 Mr. Yates asked the Minister for Enterprise and Employment if his attention has been drawn to a number of closures in the clothing and footwear sectors both at retail and manufacturing level; and the steps, if any, that have been taken by him to implement the alleviating measures that were promised at the time of the budget.

Ireland · Dáil Éireann · 19 October 1993

28 Mr. Yates asked the Minister for Enterprise and Employment if his attention has been drawn to a number of closures in the clothing and footwear sectors both at retail and manufacturing level; and the steps, if any, that have been taken by him to implement the alleviating measures that were promised at the time of the budget.

Crime Prevention and Criminal Justice Reform Act

United States · United States Congress · 19 October 1993

TABLE OF CONTENTS: Title I: Strategies to Assist State and Local Governments in Providing an Immediate Response to Crime Subtitle A: Grants to Combat Violent Crimes Subtitle B: Community Policing; Cop on the Beat Subtitle C: Law Enforcement Family Support Subtitle D: Police Misconduct Subtitle E: Police Corps and Law Enforcement Officers Training and Education Title II: Crime Victims Subtitle A: Crime Victims Subtitle B: Confidentiality for Abused Persons Subtitle C: Full Faith and Credit Title III: Crime Prevention Subtitle A: Safe Schools Subtitle B: Midnight Sports Subtitle C: Rape Prevention Title IV: Strategies to Combat Recidivism Subtitle A: Family Unity Demonstration Project Subtitle B: Drug Rehabilitation for Federal Prisoners Subtitle C: Drug Rehabilitation for State Prisoners Subtitle D: Alternatives to Incarceration Subtitle E: Voting Rights for Former Offenders Subtitle F: Sex Offender Treatment Programs Subtitle G: Education and Training for Judges and Court Personnel in State Courts Subtitle H: Education and Training for Judges and Court Personnel in Federal Courts Title V: Commission on Crime, Drugs, and Violence Title VI: Confidence in Criminal Justice System Subtitle A: Racial Justice Act Subtitle B: Racial Bias Subtitle C: Minimum Sentencing Subtitle D: Crack-Cocaine Equitable Sentencing Subtitle E: Sentencing Uniformity Subtitle F: Coerced Confessions and Harmless Error Title VII: Fiscal Impact of Criminal Justice Sentencing Title VIII: Habeas Corpus Reform Title IX: Gun Control Subtitle A: Firearms Subtitle B: Semiautomatic Assault Weapons Subtitle C: Gun Violence Liability Subtitle D: Ammunition Subtitle E: Multiple Handgun Transfers Subtitle F: Licensing Subtitle G: Saturday Night Specials Title X: Asset Forfeiture Title XI: Miscellaneous Provisions Subtitle A: Amendments to Omnibus Crime Control and Safe Streets Act Subtitle B: Juvenile Justice and Delinquency Prevention Crime Prevention and Criminal Justice Reform Act - Title I: Strategies to Assist State and Local Governments in Providing an Immediate Response to Crime - Subtitle A: Grants to Combat Violent Crimes - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Director of the Bureau of Justice Assistance (BJA) to make grants (under the drug control and system improvement grant program) to States, local governments, nonprofit nongovernmental victim services programs, and Indian tribes to develop effective law enforcement and prosecution strategies to combat violent crimes (placing particular emphasis on combating violent crimes against women and people of color) and to reduce the rate of violent crimes against women. Specifies that such grants shall provide additional personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes and for purposes of: (1) training law enforcement officers and prosecutors to identify and respond more effectively to violent crimes, including crimes of sexual assault and domestic violence; (2) developing, training, or expanding units of law enforcement officers and prosecutors that specifically target violent crimes; (3) developing and implementing police and prosecution policies, protocols, or orders specifically devoted to the identification of and response to violent crimes against women; (4) developing, installing, or expanding data collection systems linking police, prosecutors, and courts or identifying and tracking arrests, protection orders, prosecutions, and convictions for crimes of sexual assault and domestic violence; and (5) developing, enlarging, or strengthening victim services programs to increase reporting and reduce attrition rates for cases involving violent crimes against women. Sets forth application and related requirements. Authorizes appropriations. Subtitle B: Community Policing; Cop on the Beat - Amends the Omnibus Act to authorize the Director to make grants to units of local government and to community groups to establish or expand cooperative efforts between police and a community for purposes of increasing the police presence in the community, including: (1) developing innovative neighborhood-oriented policing programs; (2) providing new technologies to reduce the amount of time officers spend processing cases instead of patrolling the community; (3) providing training in cultural differences for law enforcement officials; (4) developing community-based crime prevention programs; and (5) developing crime prevention programs in communities which have experienced a recent increase in gang-related violence. Requires the Director to develop a written model that informs community members regarding: (1) how to identify the existence of a drug or gang house; (2) available civil remedies, such as public nuisance violations and civil suits in small claims court; and (3) available mediation techniques between community members and individuals who have established a drug or gang house in such community. Sets forth provisions regarding: (1) application requirements; (2) the allocation and limitations on use of grant funds; (3) awarding grants; and (4) reporting requirements. Authorizes appropriations. Subtitle C: Law Enforcement Family Support - Amends the Omnibus Act to require the Director to: (1) establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions in the Department of Justice (DOJ); (2) study the effects of stress on law enforcement personnel and family well-being and disseminate the findings to Federal, State, and local law enforcement agencies (LEAs), related organizations, and other interested parties; (3) identify and evaluate model programs that provide support services to law enforcement personnel and families; (4) provide technical assistance and training programs to develop stress reduction and family support to LEAs; (5) collect and disseminate information regarding family support, stress reduction, and psychological services; and (6) determine issues to be researched by BJA and by grant recipients. Authorizes the Director to make grants to States and local LEAs to provide family support services to law enforcement personnel. Sets forth provisions regarding: (1) activities of grant recipients that are required (counseling for law enforcement family members, child care on a 24-hour basis, marital and adolescent support groups, stress reduction programs, and stress education for law enforcement recruits and families) or optional (such as post-shooting debriefing for officers and their spouses, hypertension clinics, counseling for law enforcement personnel exposed to the human immunodeficiency virus (HIV), and counseling for families of personnel killed in the line of duty); (2) further application requirements and limitations; (3) discretionary research grants; and (4) reporting requirements. Authorizes appropriations. Subtitle D: Police Misconduct - Prohibits any governmental authority from engaging in a pattern or practice of conduct by law enforcement officers that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. Authorizes civil actions by the Attorney General and by an injured person. Permits the court, in private actions, to allow the prevailing plaintiff reasonable attorney's fees and costs. Makes a governmental body liable for such fees and costs to the same extent as a private individual. (Sec. 132) Directs the Attorney General to: (1) acquire data about the use of excessive force by law enforcement officers; and (2) publish an annual summary. Limits the use of such data. (Sec. 133) Amends the Federal criminal code to: (1) set penalties for police brutality; and (2) provide for liability by any State, county, municipality, or other unit of State or local government in a civil action to the party injured for the conduct of a law enforcement officer of such unit for subjecting any individual, under color of law, to the deprivation of any rights, privileges, or immunities secured by the Constitution or laws of the United States (regardless of whether such officer had a reasonable good faith belief in the lawfulness of the conduct). Subtitle E: Police Corps and Law Enforcement Officers Training and Education - Establishes in DOJ an Office of the Police Corps and Law Enforcement Education, to be headed by a Director. (Sec. 143) Requires a State that desires to participate in the Police Corps Program (under Chapter 1 of this subtitle) or the Law Enforcement Scholarship Program (under chapter 2) to designate a lead agency that will be responsible for: (1) submitting to the Director a State plan for the Program; and (2) administering the Program in the State. Chapter 1: Police Corps Program - Authorizes the Director to award scholarships of up to $7,500 or the cost of the educational expenses related to attending an institution of higher education (subject to limitation) to participants who agree to work in a State or local police force for four years after successful completion of a baccalaureate program and training. Permits the use of scholarships for graduate and professional study and for reimbursement of the participant's prior educational expenses under specified circumstances. Requires repayment of all of the scholarship or payment received plus interest for failure to comply with program requirements (but the Director may substitute community service for the required repayment if the recipient is unable to comply because of a physical or emotional disability or for good cause). Entitles a dependent child of a law enforcement officer killed in the course of performing police duties to scholarship assistance if specified conditions are met. (Sec. 153) Sets forth program provisions regarding: (1) participant selection criteria and qualifications; (2) recruitment of minorities; (3) enrollment of applicants; (4) leaves of absence; and (5) admission of applicants. (Sec. 154) Requires: (1) the Director to establish programs of training for participants, to be carried out at up to three training centers, and to pay participants a stipend during training; and (2) participants to attend two eight-week training sessions at a training center as basic law enforcement training and to be evaluated for mental, physical, and emotional fitness. (Sec. 155) Sets forth provisions regarding: (1) the swearing in of participants; (2) participants' rights and responsibilities; (3) discipline; (4) layoffs; and (5) State plan requirements. (Sec. 156) Authorizes appropriations. Chapter 2: Law Enforcement Scholarship Program - Provides for 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. Chapter 3: Reports - Requires: (1) the Director to submit to the Attorney General, the President, the Speaker of the House of Representatives, and the President of the Senate annual reports concerning the Police Corps and Law Enforcement Scholarship Programs; and (2) the Attorney General to submit to the Congress a plan to expand assistance to Federal law enforcement officers. Title II: Crime Victims - Subtitle A: Crime Victims - Amends the Victims of Crime Act of 1984 to: (1) specify funds and percentages of funds available for various purposes from the Crime Victims Fund; and (2) provide that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program or a federally financed State or local program would otherwise pay, such victim compensation program shall not pay such compensation and the other program shall make its payments without regard to the existence of the crime victim compensation program. (Sec. 203) 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. Subtitle B: Confidentiality for Abused Persons - Directs the Postmaster General to promulgate regulations to secure the confidentiality of abused persons' addresses. Subtitle C: Full Faith and Credit - Provides that any protection order issued by a State court consistent with specified requirements (with respect to jurisdiction, due process rights, and ex parte orders) shall be accorded full faith and credit by the court of another State and enforced as if it were the order of such other State. Makes an exception for an order issued by a State court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner if: (1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or (2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order. Title III: Crime Prevention - Subtitle A: Safe Schools - Amends the Omnibus Act to: (1) authorize the Director of 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 local educational agency. Sets forth provisions regarding: (1) the use of funds to fund anticrime and safety measures and develop education and training programs for the prevention of crime, violence, illegal drugs, and alcohol, for counseling programs for victims of crime within schools, for crime prevention equipment, and for the prevention and reduction of youth participation in organized crime and drug- and gang-related activities in schools; (2) application requirements; (3) limitations on grants and grant renewal; (4) the selection of recipients; and (5) reporting requirements. Authorizes appropriations. Subtitle B: Midnight Sports - Directs the Attorney General to make grants to eligible entities to assist in carrying out midnight sports league programs and to advisory entities to provide technical assistance in establishing and operating such programs. Authorizes appropriations. Subtitle C: Rape Prevention - Authorizes the Director of BJA to make grants for specified purposes, including to: (1) provide educational seminars designed to change attitudes regarding rape and develop awareness of what acts may meet the legal definition of rape; (2) provide programs for elementary and secondary school age children that teach nonviolent conflict resolution, self defense, or other relevant skills; (3) develop treatment programs for convicted sex offenders and make such programs available in the local community and in Federal and State prisons; and (4) develop other projects to increase awareness of sexual assault prevention among racial, ethnic, cultural, and language minorities. (Sec. 322) Sets forth application and reporting requirements. (Sec. 324) Prohibits a State from receiving funds under this Act unless the State or other grantee incurs the full cost of forensic medical exams for victims of sexual assault. (Sec. 326) Authorizes appropriations. Title IV: Strategies to Combat Recidivism - Subtitle A: Family Unity Demonstration Project - Chapter 1: General Provisions - Authorizes appropriations for family unity demonstration projects. Chapter 2: Grants to States - Authorizes the Director of the National Institute of Corrections to make grants to States to carry out family unity demonstration projects that enable eligible prisoners to live in community correctional facilities with their children. Sets forth provisions regarding: (1) preferences for grants; (2) the number of grants; (3) eligibility to receive grants; and (4) reporting requirements. Chapter 3: Family Unity Demonstration Project for Federal Prisoners - Directs the Attorney General to carry out a family unity demonstration project that enables eligible prisoners to live in community correctional facilities with their children. Subtitle B: Drug Rehabilitation for Federal Prisoners - Drug Treatment in Federal Prisons Act of 1993 - Requires the Bureau of Prisons to provide residential substance abuse treatment (where possible, by community-based drug and alcohol treatment programs) for: (1) not less than 50 percent of eligible prisoners by the end of FY 1993; (2) not less than 75 percent of eligible prisoners by the end of FY 1994; and (3) all eligible prisoners by the end of FY 1995. Specifies that prisoners who successfully complete such treatment could be released up to a year early. Sets forth requirements regarding: (1) drug testing; (2) aftercare services; and (3) reporting requirements. Authorizes appropriations. Subtitle C: Drug Rehabilitation for State Prisoners - Substance Abuse Treatment in State Prisons Act of 1993 - Amends the Omnibus Act to authorize the Director of BJA to make grants to States for the purpose of developing and implementing residential substance abuse treatment programs within State correctional facilities. Sets forth provisions regarding: (1) State application requirements (including drug testing, eligibility for preference for programs with an aftercare component, and designation of a State office to administer grant funds); (2) review of State applications; (3) allocation and distribution of funds; and (4) an evaluation requirement. Authorizes appropriations. Subtitle D: Alternatives to Incarceration - Chapter 1: Grants - Authorizes the Director of BJA to make grants to States, units of local government, court systems, district attorneys, and private nonprofit organizations to establish or expand sentencing options in addition to existing incarceration and probation programs for offenders who would otherwise be sentenced to incarceration. (Sec. 452) Permits the use of grant funds to develop sentencing option projects that include: (1) day fines; (2) house arrest; (3) electronic monitoring; (4) intensive probation supervision; (5) defense-based sentencing; (6) day reporting centers; (7) victim-offender reconciliation; (8) shock incarceration; and (9) substance abuse treatment in lieu of incarceration. (Sec. 453) Sets forth provisions regarding: (1) grant applications; (2) grant renewal and the Federal share; and (3) priorities in awarding grants. Authorizes appropriations. Chapter 2: Substance Abuse Treatment Alternatives to Incarceration - Authorizes the Director of BJA to make grants to public and nonprofit private entities to provide substance abuse treatment to individuals who are not incarcerated but who are under criminal justice supervision because of their status as pretrial or post-trial releasees, probationers, parolees, supervised releasees, or releasees with a deferred prosecution. Sets forth provisions regarding: (1) priorities in awarding grants; (2) required substance abuse treatment services (including addiction education, individual, group, and family counseling, HIV education, counseling, and testing (when requested), services that facilitate access to health and social services, and planning for and counseling to assist reentry into society); and (3) application requirements. Authorizes appropriations. Subtitle E: Voting Rights for Former Offenders - Specifies that the right of a U.S. citizen to vote in any election for Federal office shall not be denied or abridged because he has committed a criminal offense unless such citizen is imprisoned in a correctional institution or facility at the time of such election. Sets fines for violators. Subtitle F: Sex Offender Treatment Programs - Requires the National Institute of Justice to establish criteria and develop training programs to assist: (1) prison, youth residential, and mental health institutional staff; and (2) probation and parole officers and other personnel who work with released sex offenders in the areas of relapse prevention, supervision, and case management. Authorizes appropriations. (Sec. 472) Directs the Attorney General to compile information regarding sex offender treatment programs and ensure that information regarding specialized community treatment programs in the community into which a convicted sex offender is released is made available to each person serving a sentence of imprisonment for sex offenses. Subtitle G: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to award grants for the purpose of developing, testing, presenting, and disseminating model programs to be used by States in training judges and court personnel in the laws of the States on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. (Sec. 483) Directs the Institute to ensure that such model programs are developed with the participation of law enforcement officials, recognized experts on gender bias in the courts, and specified others. (Sec. 484) Authorizes appropriations. Subtitle H: Education and Training for Judges and Court Personnel in Federal Courts - Directs the: (1) circuit judicial councils to conduct studies of the instances of gender bias in their respective circuits; (2) Judicial Conference of the United States to designate an entity within the judicial branch to act as a clearinghouse to disseminate reports and materials issued by the gender bias task forces and to respond to requests for such reports and materials (and requires such task forces to provide such entity with their reports and related materials); and (3) Federal Judicial Center to include in its educational programs information on issues related to gender bias in the courts. (Sec. 492) Authorizes appropriations for the: (1) salaries and expenses account of the courts of appeals, district courts, and other judicial services; (2) Federal Judicial Center; and (3) Administrative Office of the United States Courts. Requires the Judicial Conference to allocate funds to Federal circuit courts that undertake studies in their own circuits or implement reforms, including education and training, recommended as a result of such studies in their own or other circuits. Title V: Commission on Crime, Drugs, and Violence - Establishes a National Commission on Crime, Drugs, and Violence in America to examine the: (1) impact of criminal justice policy on the African-American, Hispanic, Asian, and Native American communities and criticism that the criminal justice system functions in a racially disparate manner; and (2) root causes of violent crime (and make recommendation for the creation of a national public education strategy on violence) and of the demand for drugs in the United States (and undertake an evaluation of the efficacy of current Federal drug policy). Title VI: Confidence in Criminal Justice System - Subtitle A: Racial Justice Act - Racial Justice Act of 1993 - Amends the Federal judicial code to prohibit: (1) the imposition or execution of sentences of death under color of State or Federal law in a racially discriminatory pattern; and (2) any person from being put to death in the execution of a sentence imposed pursuant to any law if that person's death sentence furthers a racially discriminatory pattern. Sets forth provisions regarding: (1) establishment of such pattern (ordinary methods of statistical proof shall suffice and it shall not be necessary to show discriminatory motive, intent, or purpose by any individual or institution); and (2) establishing and rebutting a prima facie showing of such pattern. Requires any State or Federal entity that provides by law for death to be imposed as a punishment for any crime to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Provides for appointment of counsel and the furnishing of investigative, expert, or other services necessary for the adequate development of a discriminatory pattern claim to persons financially unable to retain counsel and obtain such services. Specifies that no determination of the merits of a factual issue made by a State court pertinent to any such claim shall be presumed to be correct unless specified conditions are met. Subtitle B: Racial Bias - Specifies that any existing race bias claim, whether or not previously raised or determined (unless determined on the merits in a Federal habeas corpus proceeding) may be raised in a Federal habeas corpus proceeding within one year after the enactment date of this Act and shall be determined on the merits (applying the law in effect at the time of the determination). Subtitle C: Minimum Sentencing - Amends the Federal criminal code to grant a court authority to impose a sentence below a statutory minimum. Subtitle D: Crack-Cocaine Equitable Sentencing - Crack-Cocaine Equitable Sentencing Act of 1993 - Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act to eliminate specified mandatory minimum penalties relating to the trafficking in, and possession and importation of, crack cocaine. (Sec. 635) Directs the United States Sentencing Commission to promulgate such amendments to its sentencing guidelines as necessary to conform such guidelines to the amendments made by this subtitle. Subtitle E: Sentencing Uniformity - Sentencing Uniformity Act of 1993 - Revises the Federal criminal code, the CSA, and various other Federal laws to grant courts greater flexibility in sentencing. Subtitle F: Coerced Confessions and Harmless Error - Specifies that: (1) if, on direct or collateral review of a Federal or State criminal judgment, including in a Federal habeas corpus proceeding, any U.S. court determines that a Federal or State criminal conviction or sentence was obtained in violation of the Constitution, the court shall award relief unless, in the case of a violation that can be harmless, the Federal Government or the State concerned proves beyond a reasonable doubt that the error did not contribute to the conviction or sentence; and (2) the admission into evidence of a coerced confession shall not be considered harmless error. Title VII: Fiscal Impact of Criminal Justice Sentencing - Directs the Congressional Budget Office (CBO) to prepare a criminal justice impact assessment for any bill, joint resolution, amendment, motion, or conference report (bill) that could increase or decrease the number of persons incarcerated in State or Federal penal institutions. (Sec. 702) Specifies that it shall not be in order in either the House of Representatives or the Senate to consider any bill that would increase or decrease the number of persons incarcerated in State or Federal penal institutions unless such bill is accompanied by a criminal justice impact statement prepared by CBO. (Sec. 703) Directs CBO to prepare and transmit to the Congress an annual summary report reflecting the cumulative fiscal effect of all relevant changes in the law that will increase or decrease the number of persons incarcerated in State or Federal penal institutions taking effect during the preceding calendar year. Title VIII: Habeas Corpus Reform - Habeas Corpus Reform Act of 1993 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. (Sec. 802) Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances. (Sec. 803) Specifies requirements for stays of execution in capital cases. (Sec. 804) Prohibits the court from applying a new rule representing a clear break from precedent announced by the U.S. Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule: (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. (Sec. 805) Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless: (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements; (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred; and (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority. Specifies that such mechanism shall include requirements that: (1) the State provide legal services to indigents charged with offenses for which capital punishment is sought, who have been sentenced to death and who seek appellate, collateral, or unitary review in State court, and who have been sentenced to death and seek certiorari review of State court judgments in the U.S. Supreme Court; (2) the State establish a counsel authority, which shall be a statewide defender organization, a resource center, or a counsel authority appointed by the highest State court having jurisdiction over criminal matters; and (3) such authority publish a roster of attorneys qualified to be appointed in capital cases, monitor attorney performance, and appoint a defense team to represent a client at the relevant stage of proceedings within 30 days after receiving notice of the need for the appointment from the relevant State court. (Sec. 806) Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that: (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law. (Sec. 807) Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application. (Sec. 808) Requires the district court, in adjudicating habeas corpus cases, to: (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground (rather than deferring to a previous State court judgment regarding a Federal legal standard or its application); (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death; and (3) decline to consider a habeas corpus claim under specified circumstances. Title IX: Gun Control - Subtitle A: Firearms - Amends the Federal criminal code to provide for a seven (business) day waiting period for the purchase of a handgun. Sets forth: (1) interim procedures (pending the establishment of a national instant criminal background check system) for checking with the chief law enforcement officer of the place of residence of the purchaser as to whether the purchaser has a criminal record or whether there is any other legal impediment to such individual's receiving a handgun; and (2) permanent procedures for conducting criminal background checks. Sets penalties for violations. (Sec. 902) Directs the Attorney General to establish a national instant criminal background check system that any licensee may contact for information on whether receipt of a firearm by a prospective purchaser would violate specified legal provisions. Provides for the correction of erroneous information in the system. (Sec. 903) Permits the use of formula grants under the Omnibus Act for improvements in State criminal records. Authorizes appropriations. Sets forth provisions with respect to the withholding of State and DOJ funds for failure to meet set deadlines. Subtitle B: Semiautomatic Assault Weapons - Semiautomatic Assault Weapon Violence Prevention Act of 1993 - Amends the Federal criminal code to: (1) list weapons classified as semiautomatic assault weapons; and (2) make it unlawful to transfer or possess a semiautomatic assault weapon. Makes this Act inapplicable to the transfer or possession of a weapon: (1) by a Federal or State agency; (2) that was lawfully possessed before this Act's enactment or, in the case of a semiautomatic firearm designated as a semiautomatic assault weapon under this Act, before the designation is made; or (3) by a licensed manufacturer or importer for purposes of authorized testing or experimentation. Directs the Secretary of the Treasury to designate a rifle, pistol, or shotgun that is a semiautomatic firearm and meets specified criteria as a semiautomatic assault weapon. Requires the serial numbers of such weapons to clearly show if they were manufactured or imported after this Act's effective date. (Sec. 913) Prohibits the transfer or possession of a large capacity ammunition feeding device (i.e., a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition and any combination of parts from which such a device can be assembled, but not an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition). Sets penalties for violators. Requires such devices to be identified by a serial number. Subtitle C: Gun Violence Liability - Gun Violence Economic Equity Act of 1993 - Authorizes any person suffering bodily injury or death as a result of the discharge of a handgun or an assault weapon to bring an action in U.S. district court against any manufacturer, importer, or dealer of a handgun or assault weapon. Makes such defendants strictly liable for all direct and consequential damages that arise from such bodily injury or death, except where the injury is: (1) suffered while committing a felony; (2) self-inflicted; or (3) a result of a discharge by a law enforcement officer or a member of the armed forces in the line of duty. Subtitle D: Ammunition - Requires each licensed importer and manufacturer of ammunition to: (1) maintain such records of importation, production, shipment, sale, or other disposition of ammunition at his place of business for such period and in such form as the Secretary may prescribe, including the amount, caliber, and type of ammunition; and (2) annually prepare a summary report of such dispositions during the preceding year. Directs the Secretary to request the National Academy of Sciences to: (1) prepare a study of the criminal use and regulation of ammunition; and (2) report to the Congress recommendations on the potential for preventing crime by regulating or restricting the availability of ammunition. (Sec. 932) Amends the Internal Revenue Code (IRC) to: (1) increase the tax on nine millimeter, .25 caliber, and .32 caliber ammunition, except with respect to sales to or for the use of the United States or any State or political subdivision thereof; and (2) establish in the Treasury a Trauma Center Trust Fund, for purposes of making grants for the operating expenses of trauma centers that have incurred substantial uncompensated costs in providing trauma care in geographic areas with significant incidences of violence due to crime. Subtitle E: Multiple Handgun Transfers - Multiple Handgun Transfer Prohibition Act of 1993 - Amends the Federal criminal code to prohibit: (1) a licensed importer, manufacturer, or dealer from transferring two or more handguns to an individual not so licensed during any 30-day period or from transferring a handgun to any such individual who received a handgun during the previous 30-day period; and (2) any individual who is not so licensed from receiving two or more handguns during any 30-day period. Makes such prohibitions inapplicable with respect to any individual who has presented to the transferor a written statement, issued by the chief law enforcement officer of the individual's place of residence during the ten days preceding, that the individual requires access to a handgun because of a threat to his or her life or household. Sets forth: (1) reporting and recordkeeping requirements; and (2) penalties for knowing violations of this Act. Subtitle F: Licensing - Amends the Federal criminal code to prohibit: (1) a common or contract carrier knowingly to deliver in interstate or foreign commerce a firearm to a licensed importer, manufacturer, dealer, or collector without identifying the person to whom the firearm is delivered and making and maintaining a record of the identity of the person; and (2) the sale or other disposition of a firearm or ammunition to another person having reasonable cause to believe that the person is acquiring such firearm or ammunition with the intent that it will be used by any person to commit a crime of violence. (Sec. 953) Increases application fees for dealers in firearms. (Sec. 954) Repeals a provision requiring the Secretary to approve or deny an application for a license as a firearms or ammunition importer, manufacturer, or dealer (dealer) within 45 days and authorizing the applicant to file an action to compel the Secretary to act. (Sec. 955) Makes compliance with State and local law a condition for licensure as a dealer. (Sec. 956) Sets forth provisions regarding: (1) inspections of firearms licensees; (2) reports of theft or loss of firearms; and (3) responses to requests for information concerning disposition of firearms. (Sec. 959) Amends the IRC to require individuals required to register as dealers of firearms to include their photograph and fingerprints with the initial application. Subtitle G: Saturday Night Specials - Prohibits the possession or transfer of a non-sporting handgun (i.e., a firearm which is designed to be fired by the use of a single hand, is not a sporting handgun, and any combination of parts from which such a firearm can be assembled). Sets penalties for violators. Title X: Asset Forfeiture - Asset Forfeiture Reform Act of 1993 - Amends: (1) the Tariff Act of 1930 to require that proceedings for the forfeiture of property, other than of merchandise upon which the duties have not been paid or which has been otherwise brought into the United States unlawfully, be conducted only upon conviction of the owner of such property for the crime upon which the forfeiture is based; and (2) the Federal criminal code to require a conviction before a gambling ship may be forfeited to the United States. (Sec. 1003) Amends the Tariff Act to: (1) require that notice be sent within 60 days after a seizure to any possessor, owner, or other interested party, including any lienholder; (2) shift the burden of proof in forfeiture proceedings from the defendant to the Government and to require a showing of clear and convincing evidence that the property was subject to forfeiture for the Government to prevail; (3) repeal the requirement that persons making claims regarding seized property give a bond to the United States; and (4) afford a right to trial by jury in forfeiture cases. (Sec. 1005) Amends the CSA and the Federal criminal code to: (1) require a preliminary hearing prior to a seizure of property subject to civil forfeiture, with exceptions; and (2) prohibit the civil or criminal forfeiture of property which has been paid or pledged as bona fide attorney's fees. (Sec. 1014) Amends: (1) the Tariff Act, the Federal criminal code, and the CSA with respect to the retention of forfeiture proceeds by State and local law enforcement agencies, for disposition according to State law; and (2) the Federal judicial code to make forfeiture proceeds available to the Attorney General for community-based crime control programs for drug education, prevention, and treatment, with amounts for such programs to be distributed (in accordance with criteria determined by the State) with priority given to the communities in which the assets involved are seized. (Sec. 1016) Sets forth provisions regarding: (1) the payment of informants; (2) changes in adoptive seizure regulations; (3) reporting requirements; (4) maintenance of seized property; (5) limits on administrative and contracting expenses; (6) nominal consideration sales of low value real property to certain tax-exempt organizations; and (7) limits on the customs and tax exemption under tort claim procedures. Title XI: Miscellaneous Provisions - Subtitle A: Amendments to Omnibus Crime Control and Safe Streets Act - Increases the discretionary grant authorization under the drug control and system improvement grant program under the Omnibus Act. Subtitle B: Juvenile Justice and Delinquency Prevention - Increases the authorization of appropriations under the Juvenile Justice and Delinquency Prevention Act of 1974. Directs the Attorney General to: (1) evaluate the effectiveness and improve the coordination of the operation of all Federal programs relating to juvenile justice and juvenile delinquency prevention in order to maximize the effectiveness of such programs, reduce duplication of effort, and develop a unified strategy for addressing juvenile delinquency; and (2) submit to the Speaker of the House of Representatives and the President pro tempore of the Senate an annual report describing the results and containing a five-year plan for the continued operation of such programs.

To prohibit the United States representative to the United Nations from voting to approve, expand, or extend any United Nations peacekeeping, peacemaking, or peace-enforcing operation unless the President notifies the Congress before that vote.

United States · United States Congress · 19 October 1993

Prohibits the U.S. representative to the United Nations (UN) from voting to approve, expand, or extend any UN peacekeeping, peacemaking, or peace-enforcing operation unless, at least 15 days before such vote, the President notifies the appropriate congressional committees of: (1) the total estimated cost of the operation; (2) the source of funding for the U.S. contribution to the operation and whether the funding will require a budget request or an amendment to an existing one, a reprogramming of existing funds, or a request for supplemental appropriations; (3) the anticipated duration, scope, and termination date of the operation; (4) the operation's goals; and (5) the U.S. interests that will be served by such operation.

Federal Spending and Deficit Reduction Act of 1993

United States · United States Congress · 15 October 1993

TABLE OF CONTENTS: Title I: Department of Defense Title II: Department of State Title III: Committee on Agriculture, Nutrition, and Forestry Subtitle A: Commodity Programs Subtitle B: Replacement of Federal Crop Insurance with Emergency Crop Loss Assistance Subtitle C: Other Agricultural Programs Title IV: Committee on Energy and Natural Resources Title V: Committee on Environment and Public Works Title VI: Committee on Commerce, Science, and Transportation Title VII: Civil Service Programs Title VIII: Committee on Finance Title IX: Reinventing Government Federal Spending and Deficit Reduction Act of 1993 - Title I: Department of Defense - Limits to $18 billion the total amount appropriated for FY 1994 through 1998 for programs managed by the Ballistic Missile Defense Organization. Limits the obligation of such funds to research only. (Sec. 102) Limits: (1) as of December 31, 2000, the number of nuclear warheads to be maintained by the United States (with a waiver exercised by the President under certain conditions); and (2) the total amount that may be expended by the Department of Energy for nuclear weapons research, development, and testing activities during FY 1994 through 1998. (Sec. 104) Directs the Secretary of Defense to require the secretaries of the military departments to retire at least 60,000 members of the armed forces before October, 1, 1994, under the military early retirement program. (Sec. 105) Directs the Secretary to carry out a study to determine the most cost effective alternatives for meeting| requirements for military family housing. (Sec. 106) Provides end strength and grade distribution limitations for civilian personnel of the Department of Defense (DOD). (Sec. 107) Directs the Secretary to consolidate and reduce the recruiting activities of the armed forces, with a waiver in the case of war or national emergency. (Sec. 108) Prohibits DOD funds from being used to operate any commissary store on or after October 1, 1996, unless determined necessary for the continued operation of such store due to its remote location or high costs of operation. Requires revenues received from store operations to be used to pay operating costs. Requires the Secretary to ensure that actions to increase a store's effectiveness of operations do not result in reduced benefits for store patrons and do not adversely affect stores that are in remote or high cost locations. Provides a phased reduction during FY 1994 through 1996 in the authorization of appropriations for commissary store operations. (Sec. 109) Authorizes military personnel to be used to perform a base operations function or to carry out a military construction project under certain conditions, with an exception if the cost of such performance is found to exceed its benefits. (Sec. 110) Directs the President to enter into negotiations with each member of the North Atlantic Treaty Organization (NATO) and every nation with which the United States has a bilateral or multilateral defense agreement to conclude an agreement that requires each such nation to pay a significant portion of the costs of stationing U.S. military and civilian personnel and equipment in such nation. Excludes the pay and allowances of such personnel from such costs. Title II: Department of State - Requires the Secretary of State to: (1) determine which foreign affairs programs, agencies, and activities, whether within or without the jurisdiction of the Department of State, are redundant, duplicative, outmoded, or obsolete; (2) undertake actions necessary to streamline, consolidate, or eliminate those programs, agencies, or activities under the Department's jurisdiction such that funding equals a level constant in real terms (inflation-adjusted) with the funding level in 1984; and (3) report to the Congress on those programs, agencies, and activities outside the Department's jurisdiction which are redundant, outmoded, or obsolete. Title III: Committee on Agriculture, Nutrition, and Forestry - Subtitle A: Commodity Programs - Amends the Agricultural Act of 1949 to reduce deficiency payments for wheat, feed grains, cotton, and rice. (Sec. 302) Reduces the base acreage eligible for deficiency payments. (Sec. 303) Increases dairy producer program contributions. (Sec. 304) Amends the Agricultural Adjustment Act to revise milk marketing order provisions, including elimination of minimum regional price adjustments and parity price determinations. (Sec. 305) Repeals the National Wool Act of 1954 (eliminates the wool and mohair price support program). (Sec. 306) Amends the Agricultural Act of 1949 to eliminate the honey price support program. Subtitle B: Replacement of Federal Crop Insurance with Emergency Crop Loss Assistance - Amends the Agricultural Act of 1949 to replace the Federal crop insurance program with an emergency crop loss assistance program for: (1) annual crops (program and nonprogram target crops, peanuts, sugar, and tobacco, soybeans and nonprogram crops, forage crops, and crop quality reduction payments); (2) orchards; and (3) forest crops. Authorizes appropriations. Subtitle C: Other Agricultural Programs - Repeals title I (sales) and title II (grants) of the Agricultural Trade Development and Assistance Act of 1954. (Sec. 332) Amends the Rural Electrification Act of 1936 to eliminate the interest rate subsidy for Rural Electrification Administration direct loans. (Sec. 333) Directs the Secretary of Agriculture to consolidate specified Department of Agriculture field offices. Title IV: Committee on Energy and Natural Resources - Amends the National Forest Management Act of 1976 to prohibit the Secretary of Agriculture from selling any timber on National Forest System lands for which sales revenues are less than the legal minimum bid. (Sec. 402) Amends the Tennessee Valley Authority Act of 1933 to preclude the use of Federal funds to: (1) support or implement a recreational activity or program; or (2) establish or maintain the National Fertilizer and Environmental Research Center. Prohibits the Board of Directors (the Board) of the Tennessee Valley Authority (TVA) from using Federal funds for stewardship activities unrelated to the power system. Authorizes the Board to develop and implement a user fee mechanism for: (1) users of TVA stewardship activities that are unrelated to the power system to cover the costs of such nonpower-related activities; and (2) users of power from the system to cover the costs of all stewardship activities. (Sec. 403) Amends specified Federal law relating to power regulation and development to mandate that all moneys received from Federal power sales be deposited in the Treasury through uniform annual payments that consist of equal amounts of principal and interest and that reflect a commencement of payments for each project with the first year in which project electric power and energy is delivered to the Secretary of Energy. (Sec. 404) Amends the Federal Land Policy and Management Act of 1976 to direct the Secretaries of Agriculture and the Interior to establish, according to prescribed guidelines, an annual domestic livestock grazing fee equal to fair market value in certain National Forest System and public domain lands within their respective jurisdictions. Directs the Secretary of the Interior, acting through the Director of the National Park Service, to establish a fee structure for entrance and user fees at public lands that are part of the National Park System. Title V: Committee on Environment and Public Works - Prohibits: (1) the Secretary of Transportation from carrying out, or entering into any agreement to carry out, a highway demonstration project described in the Intermodal Surface Transportation Efficiency Act of 1991 in FY 1994 through 1998, except in the case of an agreement entered into before March 31, 1994; and (2) the expenditure of funds in such fiscal years for such a project. Rescinds: (1) any amounts set aside or otherwise made available for such projects that are not expended as a result of this title; and (2) the underlying appropriations for such amounts. Title VI: Committee on Commerce, Science, and Transportation - (Sec. 601) Amends the Communications Act of 1934 (the Act) to subject revenues from the use of the electromagnetic spectrum pursuant to any initial license of construction permit issued after the enactment of this Act to a royalty of four percent. Subjects any licensee who knowingly or willfully submits inaccurate information or who fails to submit information required under this title to forfeiture of the license. (Sec. 602) Requires the Secretary of Transportation to develop and implement a system to require the payment of a user fee for the inland waterway transportation system to generate revenues sufficient to fully recover operation, maintenance, and construction costs. Title VII: Civil Service Programs - Amends Federal civil service law to require each Federal agency to prefund the Government share of its annuitants' Federal health insurance coverage. (Sec. 702) Repeals provisions excluding senior executives from the limitation on the accumulation of annual leave. (Sec. 703) Eliminates administratively uncontrollable overtime pay, except for law enforcement officers. Title VIII: Committee on Finance - Amends title XVIII (Medicare) of the Social Security Act to: (1) authorize the Secretary of Health and Human Services to impose a one dollar fee for processing paper part B (Supplementary Medical Insurance) claims; and (2) reduce reimbursements for items and services not billed electronically by the amount of any such fee imposed. (Sec. 802) Directs the Secretary of the Treasury to establish a program for the issuance and sale of import licenses at public auction to administer quantitative restrictions with respect to textiles and textile products and sugar. Title IX: Reinventing Government - Provides that, in any fiscal year, any agency with budget authority appropriated in operation accounts which will be unobligated on the last day of such fiscal year, and will expire at the end of such day, may place up to 50 percent of such budget authority into an agency innovation fund to be established for specified activities for each executive agency of the Federal Government. Requires any funds transferred to one of these funds to remain available for obligation for a qualified purpose for an additional two years beyond the date the funds would otherwise have expired.

Military Fairway Fairness Act of 1993

United States · United States Congress · 15 October 1993

Military Fairway Fairness Act of 1993 - Requires Department of Defense golf courses to be open to use by the general public. Excludes from such provision golf courses at a facility or installation: (1) outside the United States; or (2) inside the United States at a location designated by the Secretary of Defense as a remote and isolated location. Allows no more than ten percent of the increased revenues generated by such open use to accrue to the operator of the golf course. Requires all other such revenue to be deposited into the General Fund of the Treasury and used only for Federal budget deficit reduction. Requires an annual report from the Secretary. Requires the Secretary, with respect to active and retired military personnel, to: (1) subsidize any fees imposed for golf course use; and (2) give priority access for such use.

Environmental Research, Development, and Demonstration Authorization Act of 1993

United States · United States Congress · 14 October 1993

Environmental Research, Development, and Demonstration Authorization Act of 1993 - Authorizes appropriations for FY 1994 through 1996 for environmental research, development, and demonstration activities and program management support of the Office of Research and Development of the Environmental Protection Agency (EPA). Prohibits the EPA Administrator from closing any field station, regional office, laboratory, or other research center, permitting any reduction-in-force, or finalizing any closing or reduction unless specified congressional committees are provided with pertinent information prior to the notice of closing or reduction. Directs the Administrator to establish separately identified ecological, health, and risk reduction research programs for purposes of assessing and mitigating serious environmental risks. Requires the Administrator to carry out an Experimental Program to Stimulate Competitive Research to: (1) enhance the competitiveness within the peer-review system of investigators from academic institutions in eligible States; and (2) increase the probability of long-term growth of competitive funding to such investigators. Provides for assistance to eligible States under certain conditions and earmarks funding for such assistance. Directs the Administrator to establish a National Human Exposure Assessment Survey to monitor and assess the extent and characteristics of human exposure to harmful chemical substances. Authorizes the Administrator to: (1) conduct research on the nature and impacts of international environmental problems and ways to respond to such problems; and (2) provide assistance to foreign countries and international bodies to improve the quality of the environment. Directs the Administrator to conduct specified pesticide monitoring and research. National Arid Climate Ground Water Research Center Act - Requires the Administrator to establish the National Arid Climate Ground Water Research Center in the State of Nevada. Authorizes appropriations. Requires the Administrator to establish an Environmental Monitoring and Assessment Program and a Modernization Program to acquire and maintain buildings, supplies, and equipment needed to conduct high quality research. Directs the Science Advisory Board to report annually to the Congress and the Administrator on the views of the Board concerning proposed research programs described in the President's annual budget. Requires the Administrator to: (1) carry out a program of environmental technology transfer and exchange of scientific and technical information; (2) establish a separately identified research program to assess risks to public health and ecosystems from environmental contamination; (3) establish a lead research program; and (4) carry out a research program to reduce the scientific uncertainties with respect to the assessment of certain environmental risks. Authorizes appropriations for the lead research program. Directs the Administrator to report to the Congress on opportunities for the technology transfer of defense-related research for environmental applications. Requires the Administrator to conduct research on disinfection and disinfection byproducts as part of the negotiated rulemaking procedures for national primary drinking water regulations for Phase VIA contaminants. Authorizes appropriations. Expresses the sense of the Congress that any recipient of a grant under this Act should, when they are available and cost-effective, purchase equipment and products manufactured in the United States.

College Financial Aid Protection Act of 1993

United States · United States Congress · 14 October 1993

College Financial Aid Protection Act of 1993 - Exempts from the antitrust laws agreements, or attempts to agree, by two or more institutions of higher education, on: (1) financial assistance that may be provided to any individual by any of such institutions or by the family of such individual, in connection with enrolling in and attending any of such institutions; (2) a formula for determining such assistance; (3) any matter relating to requiring individuals who receive such assistance to engage in activities to obtain income to be expended to attend any of such institutions; (4) student fees; or (5) communication among such institutions regarding financial assistance provided, or to be provided, to such individual, or a plan, projection, or budget assumption regarding future student fees.

Military Fairway Fairness Act of 1993

United States · United States Congress · 14 October 1993

Military Fairway Fairness Act of 1993 - Requires Department of Defense golf courses to be open to use by the general public. Excludes from such provision golf courses at a facility or installation: (1) outside the United States; or (2) inside the United States at a location designated by the Secretary of Defense as a remote and isolated location. Allows no more than ten percent of the increased revenues generated by such open use to accrue to the operator of the golf course. Requires all other such revenue to be deposited into the General Fund of the Treasury and used only for Federal budget deficit reduction. Requires an annual report from the Secretary. Requires the Secretary, with respect to active and retired military personnel, to: (1) subsidize any fees imposed for golf course use; and (2) give priority access for such use.

To provide for automatic downward adjustments in the discretionary spending limits for fiscal year 1994 set forth in the Congessional Budget Act of 1974 equal to the amount of rescissions contained in this Act.

United States · United States Congress · 13 October 1993

Reduces discretionary spending limits for FY 1994 by the amount of rescissions under this Act.

33 Ms McManus asked the Minister for Finance if it is planned to abolish the 1 per cent income levy in the next budget; and if he will make a statement on the matter.

Ireland · Dáil Éireann · 12 October 1993

33 Ms McManus asked the Minister for Finance if it is planned to abolish the 1 per cent income levy in the next budget; and if he will make a statement on the matter.

33 Ms McManus asked the Minister for Finance if it is planned to abolish the 1 per cent income levy in the next budget; and if he will make a statement on the matter.

Ireland · Dáil Éireann · 12 October 1993

33 Ms McManus asked the Minister for Finance if it is planned to abolish the 1 per cent income levy in the next budget; and if he will make a statement on the matter.

Affordable Health Care Now Act of 1993

United States · United States Congress · 7 October 1993

TABLE OF CONTENTS: Title I: Improved Access to Affordable Health Care Subtitle A: Increased Availability and Continuity of Health Coverage for Employees and Their Families Subtitle B: Reform of Health Insurance Marketplace for Small Business Subtitle C: Preemption Subtitle D: Health Deduction Fairness Subtitle E: Improved Access to Community Health Services Subtitle F: Improved Access to Rural Health Services Subtitle G: State Flexibility in the Medicaid Program: The Medical Health Allowance Program Subtitle H: Medicaid Program Flexibility Title II: Health Care Cost Containment and Quality Enhancement Subtitle A: Medical Malpractice Liability Reform Subtitle B: Administrative Cost Savings Subtitle C: Deduction for Cost of Catastrophic Health Plan; Medical Savings Accounts Subtitle D: Anti-Fraud Subtitle E: Medicare Payment Changes; Part B Premium Tax for High-Income Individuals Subtitle F: Removing Anti-Trust Impediments Subtitle G: Encouraging Enforcement Activities of Medical Self-Regulatory Entities Subtitle H: Prefunding Government Health Benefits for Certain Annuitants Subtitle I: Miscellaneous Provisions Title III: Long-Term Care Subtitle A: Tax Treatment of Long-Term Care Insurance Subtitle B: Protection of Assets Under Medicaid Through Use of Qualified Long-Term Care Insurance Subtitle C: Studies Subtitle D: Volunteer Service Credit Demonstration Projects Affordable Health Care Now Act of 1993 - Title I: Improved Access to Affordable Health Care - Subtitle A: Increased Availability and Continuity of Health Coverage for Employees and Their Families - Part 1: Required Coverage Options for Eligible Employees, Spouses, and Dependents - Requires each employer to make available to each eligible employee a group health plan under which: (1) coverage of each eligible individual with respect to such employee may be elected on an annual basis; (2) coverage is provided for at least the required coverage specified; and (3) employees may elect to have premiums collected through payroll deduction. Does not require employer contributions to the cost of coverage under such a plan. Provides for the exclusion of: (1) employers who have been employers for less than two years or who have no more than two eligible employees or no more than two eligible employees not covered under any group health plan; and (2) family members under specified circumstances. Specifies that a group health plan shall not be treated as failing to meet the requirements of this Act solely because a period of service by an eligible employee of not more than 60 days is required for coverage. Specifies that the required coverage is standard coverage, except that in the case of a small employer that has not contributed during the previous plan year to the cost of coverage for any eligible employee under any group health plan, the required coverage for the plan year is coverage under a MedAccess standard, MedAccess catastrophic, and MedAccess medisave plan. Provides for a five-year transition for existing group health plans. (Sec. 1002) Sets forth provisions regarding: (1) compliance with applicable requirements through multiple employer health arrangements; and (2) coverage options under a State medical health allowance program. Part 2: Preexisting Conditions and Continuity of Coverage; Renewability - Prohibits a group health plan from imposing (and an insurer from requiring an employer from imposing through a waiting period for coverage under a plan or similar requirement) a limitation or exclusion of benefits relating to treatment of a preexisting condition if: (1) the condition relates to a condition that was not diagnosed or treated within three months before the date of coverage under the plan; or (2) the limitation or exclusion extends over more than six month after the date of coverage, applies to an individual who, as of the date of birth, was covered under the plan, or relates to pregnancy. Specifies that, in the case of an individual who is eligible for coverage under a plan but for a waiting period imposed by the employer, the individual shall be treated as having been covered under the plan as of the earliest date of the beginning of the waiting period. (Sec. 1012) Requires each group health plan to waive any period applicable to a preexisting condition for similar benefits with respect to an individual to the extent that the individual, prior to enrollment in such plan, was covered for the condition under any other health plan. (Sec. 1013) Prohibits: (1) a multiemployer plan and an exempted multiple employer health plan from canceling or denying renewal of coverage under such a plan for an employer other than for nonpayment of contributions, fraud or other misrepresentation, noncompliance with plan provisions, or misuse of a provider network provision, or because the plan is ceasing to provide any coverage in a geographic area; (2) an insurer from canceling a health insurance plan or denying renewal of coverage other than as prescribed above; and (3) an insurer who terminates the offering of health insurance plans in an area from offering such a plan to any employer in the area until five years after the date of the termination. Part 3: Enforcement; Effective Dates; Definitions - Makes provisions of the Employee Retirement Income Security Act of 1974 applicable with respect to enforcement of this Act (by the Department of Labor). Amends the Internal Revenue Code (Code) to impose a tax ($100 per day for each individual involved, subject to specified limitations) on the failure of an insurer to comply with the requirements under part 2 unless the Secretary of Health and Human Services (Secretary) determines that the State has in effect a regulatory enforcement mechanism that provides adequate sanctions. Subtitle B: Reform of Health Insurance Marketplace for Small Business - Requires each insurer that makes available a health insurance plan to a small employer in a State to make available to each small employer in the State a MedAccess standard, MedAccess catastrophic, and MedAccess medisave plan, with exceptions for health maintenance organizations (HMOs) and if a State provides for guaranteed availability (rather than guaranteed issue). Requires each insurer that offers a MedAccess plan to a small employer in a State to accept: (1) every small employer in the State that applies for coverage; and (2) every eligible individual who applies for enrollment on a timely basis. Sets forth provision regarding: (1) special rules for HMOs; (2) timely enrollment requirements; and (3) enrollment of spouses and dependents. Makes such requirements inapplicable in a State that has provided (in accordance with specified standards) a mechanism under which each insurer offering a health insurance plan to a small employer in the State must participate in a program for assigning high-risk small employer groups (or individuals within such a group) among some or all such insurers, if the insurers comply. (Sec. 1102) Defines "MedAccess plan" as a health insurance plan that: (1) is designed to provide standard coverage with substantial cost-sharing, only catastrophic coverage, or medisave coverage; (2) includes only essential and medically necessary services; (3) meets applicable requirements relating to guaranteed issue; and (4) meets specifies consumer protection standards. Defines "MedAccess standard plan," "MedAccess catastrophic plan," and "MedAccess medisave plan" to mean a MedAccess plan that provides for at least standard coverage, for only catastrophic coverage, or medisave coverage, respectively. Requests the National Association of Insurance Commissioners (NAIC) to submit to the Secretary a set of rules which NAIC determines is sufficient for determining, in the case of any health insurance plan and for purposes of this subtitle, the actuarial value of the coverage offered by the plan. Directs the Secretary to certify such set of rules for use under this subtitle if they meet such requirements or establish such a set of rules. Specifies that a health insurance plan is considered to provide: (1) standard coverage if the benefits are determined, in accordance with certified rules of actuarial equivalence, to have a value that is within five percentage points of an established target actuarial value for standard coverage; (2) catastrophic coverage if benefits are available under the plan for a year only to the extent that expenses for covered services in a year exceed a deductible amount that is consistent with a specified requirement for a catastrophic health plan under the Code, and are determined, in accordance with certified actuarial equivalence rules, to have a value that is within five percentage points of an established target actuarial value for catastrophic coverage; and (3) medisave coverage if such plan consists of a catastrophic health plan within the meaning of the Code and a medical savings account. Requests NAIC to submit to the Secretary target actuarial values for standard and catastrophic coverage. Permits NAIC to submit periodic revisions of, and permits the Secretary to revise, the set of rules of actuarial equivalence and target actuarial values where necessary to take into account changes in the relevant types of health benefits provisions, in deductible levels for catastrophic coverage, or in relevant demographic conditions. (Sec. 1103) Directs the Secretary to request NAIC to develop model regulations that specify standards with respect to requirements: (1) that insurers make available MedAccess plans; (2) of guaranteed availability of MedAccess plans to small employers; (3) relating to limits on premiums and certain consumer protections; and (4) relating to limitation of annual premium increases. Requires the Secretary to review such standards and, if NAIC fails to specify standards meeting such requirements, to promulgate standards. Sets forth provisions regarding: (1) the application of MedAccess standards and consumer protection standards by the States; and (2) the Federal role. (Sec. 1104) Sets forth provisions: (1) regarding limits on premiums and annual premium increases; and (2) requiring an insurer, at the time of offering a health insurance plan to a small employer, to fully disclose rating practices for health insurance plans, including rating practices for different populations and benefit designs. (Sec. 1106) Directs the Secretary to: (1) request NAIC to develop models for reinsurance or allocation of risk mechanisms for health insurance plans made available to small employers for whom an insurer is at risk of incurring high costs under the plan; and (2) review such models or specify models. Sets forth provisions regarding implementation of reinsurance or allocation of risk mechanisms by the States and the Federal role. Amends the Code to provide for the imposition of a tax on any health insurance plan which covers any employee in a Federal reinsurance State. (Sec. 1108) Directs the Secretary to establish an Office of Private Health Care Coverage. Requires the Office Director to submit to the Congress annual reports evaluating health care coverage reform. (Sec. 1109) Authorizes the Director to conduct: (1) research on the impact of this subtitle on the availability of affordable health coverage for employees and dependents in the small employers group health care coverage market and other specified topics; and (2) demonstration projects relating to such topics. Requires the Director to develop: (1) methods for measuring the relative health risks of eligible individuals in terms of the expected costs of providing benefits under health insurance plans and, in particular, MedAccess plans; and (2) a model for equitably distributing health risks among insurers in the small employer health care coverage market. Authorizes appropriations. Subtitle C: Preemption - Part 1: Scope of State Regulation - Prohibits: (1) State benefit mandates for group health plans; and (2) State or local law prohibitions against two or more employers obtaining coverage under an insured multiple employer health plan. (Sec. 1203) Preempts State restrictions concerning: (1) reimbursement rates or selective contracting; (2) differential financial incentives; and (3) utilization review methods. Directs the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Part 2: Multiple Employer Health Benefits Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to allow a limited exemption under preemption rules for multiple employer plans providing health benefits subject to certain Federal standards. (Sec. 1212) Relieves exempted multiple employer plans providing medical care benefits of certain restrictions on preemption of State law. Treats such plans as employee welfare benefit plans. Allows commencement of new arrangements only if such exemption is in effect or an application is pending and the Secretary of Labor determines that provisional protection is appropriate. Sets forth exemption procedures, eligibility requirements, and additional requirements applicable to exempted arrangements. Requires certain disclosures to participating employers, maintenance of reserves, and corrective actions. Provides for expiration, suspension, and revocation of exemptions, and for review of actions by the Secretary. (Sec. 1213) Revises provisions relating to scope of preemption rules, and to treatment of single employer arrangements and of certain collectively bargained arrangements. (Sec. 1215) Establishes special rules for employee leasing healthcare arrangements. Treats such arrangements as multiple employer welfare arrangements except when they are multiple employer health plans. (Sec. 1216) Sets forth enforcement provisions relating to multiple employer welfare arrangements and employee leasing health care arrangements. (Sec. 1217) Sets forth filing requirements for multiple employer welfare arrangements. (Sec. 1218) Provides for cooperation between Federal and State authorities in enforcing ERISA requirements for multiple employer welfare arrangements with the limited exemption. Part 3: Encouragement of Multiple Employer Arrangements Providing Basic Health Benefits - Amends the Internal Revenue Code to eliminate the commonality of interest or geographic location requirement for tax exempt trust status for multiple employer health plans and insured multiple employer health plans if they meet certain requirements under ERISA and this Act. Part 4: Simplifying Filing of Reports for Employers Covered under Insured Multiple Employer Health Plans - Amends ERISA to direct the Secretary of Labor to prescribe an alternative method providing for a single annual report with respect to all employers who are covered under the same insured multiple employer health plan. Part 5: Compliance with Coverage Option Requirements - Provides for compliance with applicable coverage requirements through multiemployer plans and other multiple employer health arrangements. Subtitle D: Health Deduction Fairness - Amends the Internal Revenue Code to provide: (1) for a permanent extension and increase in the health insurance tax deduction for self-employed individuals; and (2) that the deduction for certain health insurance costs be determined without regard to an adjusted gross income threshold. Disallows the deduction to individuals eligible for employer-subsidized coverage. Allows the deduction whether or not the individual itemizes other deductions. Subtitle E: Improved Access to Community Health Services - Part 1: Increased Authorization for Community and Migrant Health Centers - Directs the Secretary to provide for grants to migrant and community health centers to promote primary health care services for underserved individuals. Allows grants to be used to promote the provision of off-site services, to improve birth outcomes in areas with high infant mortality and morbidity, to establish primary care clinics in areas in need, and for recruitment and training costs of necessary providers and operating costs for unreimbursed services. Authorizes appropriations. Directs the Secretary to conduct a study of the impact of such grants on access to health care, birth outcomes, and the use of emergency room services. Part 2: Grants for Projects for Coordinating Delivery of Services - Amends the Public Health Service Act to authorize the Secretary to make grants to public and nonprofit private entities: (1) to carry out demonstration projects to increase access to outpatient primary health services in specified geographic areas (i.e., areas that are rational areas for the delivery of health services, have a population of not more than 500,000 individuals, and have been designated by the Secretary as areas with a shortage of personal health services or that have a significant number of individuals with low incomes or insufficient health care insurance through coordinating the delivery of such services under Federal, State, local, and private programs; and (2) for developing plans to carry out such projects. Authorizes appropriations. Subtitle F: Improved Access to Rural Health Services - Part 1: Establishment of Rural Emergency Access Care Hospitals Under Medicare - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) establishment of rural emergency access care hospitals under Medicare; and (2) coverage of and payment for rural emergency access care hospital services under Medicare part B (Supplementary Medical Insurance). Part 2: Rural Medical Emergencies Air Transport - Amends the Public Health Service Act to direct the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments. Sets forth provisions regarding: (1) application and State plan requirements; (2) considerations in awarding grants; (3) State administration and use of grants; (4) the number of grants; and (5) reporting requirements. Authorizes appropriations. Part 3: Emergency Medical Services Amendments - Amends the Public Health Service Act to direct the Secretary to: (1) establish an Office of Emergency Medical Services, headed by a Director; (2) engage in specified emergency medical services activities, including disseminating information obtained in carrying out specified activities to public and private entities, providing technical assistance to State and local agencies, coordinating Department of Health and Human Services (DHHS) activities with those of other Federal agencies; and (3) ensure that such activities are carried out consistent with certain requirements regarding maintaining an adequate number of health professionals with expertise in the provision of services, developing, periodically reviewing, and revising as appropriate guidelines for the provision of such services, appropriately using available technologies, and serving the unique needs of underserved inner-city and rural areas. (Sec. 1522) Authorizes the Secretary to make grants to States for the purpose of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services, subject to specified matching fund, budgetary, and other requirements. (Sec. 1523) Provides for demonstration projects to establish telecommunications between rural medical facilities and medical facilities with expertise or equipment. Directs the Secretary to ensure that the telecommunications technologies demonstrated include interactive video telecommunications, static video imaging transmitted through the telephone system, and facsimiles transmitted through such system. (Sec. 1524) Authorizes appropriations for: (1) emergency medical services (including for State offices of Emergency Medical Services and for telecommunications demonstrations); and (2) trauma care and certain other activities. Subtitle G: State Flexibility in the Medicaid Program: The Medical Health Allowance Program - Amends SSA title XIX (Medicaid) to provide for the establishment of State health allowance programs under which the State makes payments to a group health plan which provides coverage to an eligible individual as an allowance towards the costs of providing the individual with benefits under the plan. Subtitle H: Medicaid Program Flexibility - Amends SSA title XIX Medicaid) to modify: (1) Federal requirements to allow States more flexibility in contracting for coordinated care services under Medicaid; and (2) provisions regarding the extension of certain waivers. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Part 1: General Provisions - Makes this subtitle applicable with respect to any medical malpractice liability claim and to any medical malpractice liability action brought in State or Federal court, except a claim or action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies. Sets forth provisions regarding: (1) preemption of State law; (2) effect on sovereign immunity and choice of law or venue; (3) jurisdiction; and (4) effective dates. Part 2: Medical Malpractice and Product Liability Reform - Prohibits a medical malpractice liability action from being brought in any State court during a calendar year unless the relevant claim has been initially resolved (i.e., a decision has been reached on whether the defendant is liable to the plaintiff for damages and on the amount of damages) under a certified alternative dispute resolution (ADR) system or an alternative Federal system. Prohibits a medical malpractice liability action from being brought in Federal court based on diversity of citizenship during a calendar year unless the relevant claim has been initially resolved under such a system in the State whose law applies. Directs the Attorney General to establish an ADR process for tort claims consisting of medical malpractice liability claims brought against the United States under chapter 171 of the Federal judicial code (U.S. Court of Federal Claims). Prohibits a medical malpractice liability action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. Sets forth procedures for filing actions. (Sec. 2012) Limits to $250,000 the amount of noneconomic damages that may be awarded to a claimant and family members in a medical malpractice liability action. Sets limits on punitive damages and on periodic payments for future losses. (Sec. 2013) Set forth provisions regarding: (1) limits on attorney fees and other costs; (2) joint and several liability (generally, liability may be found only for those damages directly attributable to the person's proportionate share of fault or responsibility for the injury); (3) a statute of limitations of seven years; and (4) a uniform standard for determining negligence (the defendant's conduct at the time of providing the health care services was not reasonable). (Sec. 2017) Specifies that in the case of a medical malpractice liability claim relating to services provided during labor or the delivery of a baby, if the health care professional did not previously treat the injured individual for the pregnancy, the trier of fact may not find that the defendant committed malpractice nor assess damages unless the malpractice is proven by clear and convincing evidence. Part 3: Requirements for State Alternative Dispute Resolution Systems - Lists requirements for State ADR systems, including that such a system: (1) applies to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) requires that a written opinion resolving the dispute be issued within six months after each party against whom the claim is filed has received notice of the claim; (3) is approved by the State or local governments; (4) provides for the transmittal to the State agency responsible for monitoring or disciplining health care professionals and providers of any findings of malpractice; and (5) provides for the regular transmittal of information on disputes resolved under the system to the Administrator for Health Care Policy and Research in a manner that protects the identity of the parties involved. (Sec. 2032) Directs the Secretary, by October 1 of each year, to certify State ADR systems that meet such requirements. Directs the Secretary to establish an alternative Federal ADR system for the resolution of medical malpractice liability claims in States that do not have in effect a certified ADR system. (Sec. 2033) Directs the Secretary, within five years, to submit to the Congress a report describing and evaluating State ADR systems and the alternative Federal system, including: (1) information on the effect of the ADR systems on health care costs, access to health care, and quality of care provided within the State; and (2) to the extent that such report does not provide information on no-fault systems operated by States as ADR systems, an analysis of the feasibility and desirability of establishing a system for resolving medical malpractice liability claims on a no-fault basis. Part 4: Other Provisions Relating to Medical Malpractice Liability - Authorizes a State agency responsible for disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies to permit their participation in the licensing of such practitioner and to review any health care malpractice action, claims, or allegation, or other information concerning the practice patterns of any such practitioner. Sets forth agreement requirements. (Sec. 2042) Directs the Secretary to study incentives adopted by State and local governments, insurers, medical societies, and other entities to encourage physicians to volunteer to provide health care services in medically underserved areas. (Sec. 2043) Directs each State to require: (1) each health care professional and health care provider to participate in a risk management program to prevent, and provide early warning of, practices which may result in injuries to patients or endanger patient safety; and (2) each provider of health care professional and provider liability insurance in the State to establish risk management programs or sanction programs of risk management for health care professionals and providers provided by other entities, and require each such professional or provider, as a condition of maintaining insurance, to participate in one such program at least once in each three-year period. (Sec. 2044) Directs the Secretary to make grants: (1) for basic research in the prevention of, and compensation for, injuries resulting from health care professional or provider malpractice and for research of the outcomes of health care procedures; (2) to the States to assist in improving their ability to license and discipline health care professionals; and (3) to States and local governments, private nonprofit organizations, and health professional schools for educating the general public about the appropriate use of health care, realistic expectations of medical intervention, and the resources and role of health care professional licensing and disciplinary boards in investigating claims of incompetence or health care malpractice, and for developing programs of faculty training and curricula for educating health care professionals in quality assurance, risk management, and medical injury prevention. Authorizes appropriations. Subtitle B: Administrative Cost Savings - Part 1: Standardization of Claims Processing - Directs the Secretary to adopt standards relating to: (1) data elements for use in paper and electronic claims processing under health benefit plans and in utilization review and management of care; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. (Sec. 2102) Authorizes the Secretary, two years after standards are adopted for classes of services upon determining that a significant number of claims for benefits for such services under health benefit plans are not being submitted in accordance with such standards, to require that all providers of such services submit claims to health benefit plans in accordance with such standards. (Sec. 2103) Directs the Secretary to: (1) provide for the ongoing receipt and review of comments and suggestions for changes in the standards adopted and promulgated; (2) establish a schedule for the periodic review of such standards; and (3) revise such standards. Part 2: Electronic Medical Data Standards - Directs the Secretary to promulgate standards for hospitals concerning electronic medical data, including standards for transmission of such data and confidentiality of patient-specific information. Authorizes the Secretary to periodically revise such standards. (Sec. 2112) Sets forth requirements with respect to: (1) the sharing of hospital information under Medicare; (2) waiver of such requirements; and (3) application of such requirements to hospitals of the Department of Veterans Affairs. (Sec. 2113) Authorizes the head of a Federal agency to require a provider to present and transmit a required data element electronically in accordance with applicable presentation or transmission standard. (Sec. 2114) Sets forth limitations on data requirements where standards with respect to data elements are in effect. (Sec. 2115) Directs the Secretary to establish an advisory commission on the standards established under this part and operational concerns about the implementation of such standards. Authorizes appropriations. Part 3: Development and Distribution of Comparative Value Information - Directs the Secretary to determine whether each State is developing and implementing a health care value information program that meets specified criteria and a specified schedule. Authorizes the Secretary to: (1) make grants to enable each State to plan development and initiate implementation of its health care value information program; and (2) recover the amount of such a grant by offset against any other amount payable to the State under the Social Security Act under specified circumstances. Authorizes appropriations. (Sec. 2122) Directs the Secretary to take actions necessary to implement a comparable program in a State that fails to develop or implement a health care value information program in accordance with such criteria and schedule. Authorizes the Secretary to charge fees for the information materials provided pursuant to such a program. (Sec. 2123) Directs the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to develop health care value information relating to each program that such head administers and covering the same types of data that a State program meeting such criteria would provide. (Sec. 2124) Directs the Secretary to: (1) develop model systems to facilitate the gathering of data on health care cost, quality, and outcome and the analysis of such data in a manner that will permit the valid comparison of such data among providers and among health plans; (2) support experimentation with different approaches to achieve such objectives in the most cost effective manner; and (3) evaluate the various methods to determine their relative success. Authorizes the Secretary to establish standards for the collective and reporting of data on health care cost, quality, and outcomes. Authorizes appropriations. Part 4: Additional Standards and Requirements; Research and Demonstrations - Directs the Secretary to: (1) adopt standards relating to the design and use of magnetized Medicare identification cards to assist health care providers in determining whether individuals are eligible for benefits for provided services under the Medicare program and in billing the Medicare program for covered services; (2) take steps to encourage and assist States in the design and use of magnetized Medicaid identification cards under their Medicaid plans; and (3) establish a Medicare and Medicaid information system to provide information on group health and other health benefit plans that are primary payors to the Medicare and Medicaid programs. Authorizes appropriations. (Sec. 2132) Specifies that, effective January 1, 1994, no effect shall be given to any provision of State law that requires medical or health insurance records (including billing information) to be maintained in written, rather than electronic, form. (Sec. 2133) Requires, effective January 1, 1995, each health benefit plan: (1) to use a beneficiary's social security number as the personal identifier for claims processing and related purposes (authorizes the Secretary to impose a civil money penalty on any plan that fails to do so); and (2) to use the unique identifier under title XVIII of the Social Security Act (Medicare) for a provider that furnishes health care items or services to a beneficiary under the plan as the identifier of that provider for claims processing and related purposes. (Sec. 2134) Directs the Secretary to: (1) determine, where benefits are payable under two or more health benefit plans, whether problems relating to the rules for determining the liability of plans or the availability of information among plans causes significant administrative costs; and (2) promulgate standards, if the implementation of standards would significantly reduce such administrative costs. Authorizes the Secretary to impose a civil money penalty on plans that fail to comply with such standards. (Sec. 2135) Directs the Secretary to provide grants to qualified entities for research on the application of comprehensive information systems in continuously monitoring and improving patient care. Authorizes the Secretary to make grants to: (1) two to five community organizations or coalitions of health care providers, health benefit plans, and purchasers to establish and document the efficacy of communication links between the information systems of health benefit plans and of health care providers; (2) two to five public or private nonprofit entities for the development of regional or community-based clinical information systems; and (3) public or private nonprofit entities to develop and test the definition of a comprehensive set of data elements and the specification and manner of presentation of the individual data elements of the set, for electronic medical data generated by physicians and other entities (other than hospitals) that provide health care services. Authorizes appropriations. Subtitle C: Deduction for Cost of Catastrophic Health Plan; Medical Savings Account - Amends the Internal Revenue Code to include under the medical expense deduction the portion of such expense attributable to coverage under a catastrophic health plan. (Sec. 2202) Allows individuals a tax deduction for percentage of contributions made to a medical care savings account established for the benefit of an eligible individual. Allows such deduction whether or not an individual itemizes deductions. Disallows distributions from such accounts as medical expense deductions. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to medical care savings accounts. Subtitle D: Anti-Fraud - Part 1: Criminal Prosecution of Health Care Fraud - Amends the Federal criminal code to: (1) set penalties for health care providers who knowingly engage in any scheme or artifice to defraud any person in connection with the provision of health care; and (2) make activity which, if engaged in by the U.S. Postal Service, would be a violation of mail fraud provisions punishable to the same extent with respect to private or commercial interstate carriers. (Sec. 2303) Authorizes appropriations to hire, equip, and train no fewer than: (1) 225 special agents of the Federal Bureau of Investigation and support staff to investigate health care fraud cases; (2) 50 assistant United States Attorneys and support staff to prosecute such cases; and (3) 25 investigators in the Office of Inspector General, DHHS, to be devoted exclusively to health care fraud cases. (Sec. 2304) Amends the Federal criminal code to authorize the Attorney General to make payments of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution of health care fraud, subject to specified requirements and exceptions. Part 2: Coordination of Health Care Anti-Fraud and Abuse Activities - Directs the Secretary to establish in the Office of the Inspector General of DHHS a program (all-payer fraud and abuse control program) to: (1) coordinate Federal, State, and local law enforcement programs to control fraud and abuse with respect to the delivery of, and payment for, health care in the United States; (2) conduct investigations, audits, evaluations, and inspections relating to such delivery and payment; and (3) facilitate the enforcement of provisions of the Social Security Act and other statutes applicable to health care fraud and abuse. Directs the Secretary to establish standards to carry out such program, including standards relating to the furnishing of information by health insurers, providers, and other to enable the Secretary to carry out the program and procedures to assure that such information is provided and utilized in a manner that protects the confidentiality of the information and the privacy of individuals receiving health care services. Sets forth provisions regarding: (1) qualified immunity for providing information; (2) ensuring access to documentation; and (3) failure to comply as grounds for exclusion from the Medicare and Medicaid programs. (Sec. 2312) Authorizes additional appropriations to enable the Secretary to conduct investigations of allegations of health care fraud and to carry out the all-payor fraud and abuse control program. (Sec. 2313) Establishes in the Treasury an Anti-Fraud and Abuse Trust Fund to be used to assist the Inspector General of DHHS in carrying out the all-payor fraud and abuse control program in the fiscal year involved. Sets forth provisions regarding: (1) the deposit into the Fund of Federal health anti-fraud and abuse penalties; and (2) the use of such penalties to repay beneficiaries for cost-sharing. (Sec. 2314) Amends SSA title XI to provide for the application of Federal health anti-fraud and abuse sanctions to all fraud and abuse against private health benefit plans. Subtitle E: Medicare Payment Changes; Part B Premium Tax for High-Income Individuals: Part 1 - Medicare Payment Changes - Amends SSA title XVIII to: (1) eliminate the membership limitation for Medicare health maintenance organizations; and (2) revise the Medicare select policy program and provide for a civil money penalty for misrepresentations made in connection with a Medicare select policy. (Sec. 2402) Amends the Omnibus Budget Reconciliation Act of 1990 to: (1) make permanent the Medicare select policy program; and (2) allow access to Medicare select policies in all States. (Sec. 2403) Directs the Secretary of Health and Human Services to take such steps as may be necessary to consolidate the administration of Medicare parts A and B. Part 2: Part B Premium Tax for High-Income Individuals - (Sec. 2411) Amends the Internal Revenue Code to impose a tax on the Medicare part B premiums of high income individuals. Subtitle F: Removing Anti-Trust Impediments - Directs the Attorney General to promulgate guidelines under which a health care joint venture may submit an application requesting that the Attorney General provide the entities participating in the venture with an exemption under which: (1) monetary recovery on an antitrust claim brought against the entity shall be limited to actual damages if specified conditions are met; and (2) the conduct of the entity in making or performing a contract to carry out the venture shall not be deemed illegal per se. Requires the Attorney General to approve or disapprove the application within a specified time frame and to provide a statement explaining the reasons for any disapproval. Directs the Attorney General to approve the application if an entity participating in the venture submits to the Attorney General an application that contains the identities of the parties to the venture; the nature, objectives, and planned activities of the venture; and specified assurances and information. Sets forth provisions regarding: (1) revocation and renewal of exemptions and withdrawal of an application; (2) requirements relating to notice and publication of exemptions; and (3) issuance of health care certificates of public advantage to each eligible health care joint venture that complies with specified requirements. Establishes the Interagency Advisory Committee on Competition, Antitrust Policy, and Health Care to: (1) discuss and evaluate competition and antitrust policy and their implications regarding the performance of health care markets; (2) analyze the effectiveness of health care joint ventures receiving exemptions in reducing costs and expanding access; and (3) make recommendations to the Congress. Subtitle G: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Part 1: Application of the Clayton Act to Medical Self-Regulatory Entities - Provides that no damages, cost of suit, or attorney fee may be recovered under section 4, 4A, or 4C of the Clayton Act, or under any similar State law, except by a State or the United States, from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities that are: (1) designed to promote the quality of health care provided to patients; and (2) not conducted for purposes of financial gain. Directs the court to award the cost of such a suit, including a reasonable attorney fee, to a substantially prevailing defendant. Part 2: Consultation by Federal Agencies - Requires any Federal agency engaged in the establishment of medical profession standards to consult with appropriate medical societies or associations, specialty boards, or recognized accrediting agencies, if available, in carrying out medical professional standard setting and guidelines or standards relating to the practice of medicine. Subtitle H: Prefunding Government Health Benefit for Certain Annuitants - Requires that certain agencies prefund Government health benefits contributions for their annuitants. Subtitle I: Miscellaneous Provisions - Amends Civil Service and Federal Employees' Retirement Systems law to increase the minimum age required to be eligible for an immediate retirement annuity. Provides for the conformance of other Federal retirement systems with the minimum age increase made above. Title III: Long-Term Care - Subtitle A: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to provide for the treatment of qualified long-term care insurance as accident and health insurance for purposes of insurance company taxation. (Sec. 3002) Excludes from gross income benefits provided under a long-term care insurance contract. Includes in gross income employer-provided coverage for long-term care services. (Sec. 3003) Includes amounts paid for qualified long-term care services as medical expenses for individual itemized deductions. Includes any parent or grandparent as a dependent for purposes of such expenses. (Sec. 3004) Provides for the nonrecognition of gain or loss on the exchange of any life insurance contract or an endowment or annuity contract for a long-term care insurance contract. (Sec. 3005) Excludes from gross income certain amounts withdrawn from individual retirement accounts and certain employer cash or deferred arrangement to pay long-term care premiums. (Sec. 3006) Allows insurance companies to issue accelerated death benefit riders on life insurance contracts. Subtitle B: Protection of Assets Under Medicaid Through Use of Qualified Long-Term Care Insurance - Amends SSA title XIX to require State Medicaid plans to disregard some or all of the individual's assets attributable to coverage under a qualified long-term care insurance contract in determining the individual's eligibility for long-term care services. Subtitle C: Studies - Requires the Comptroller General to study the feasibility of: (1) encouraging health care providers to donate their services to homebound patients; and (2) providing heads of households who care for elderly family members in their home with an income tax credit. (Sec. 3203) Requires the Secretary of Health and Human Services to study and report to the Congress on the feasibility of encouraging or requiring the use of a single designate public or nonprofit agency to coordinate, through case management, the provision of long-term care benefits under current Federal, State, and local programs in a geographic area. Subtitle D: Volunteer Service Credit Demonstration Projects - (Sec. 3301) Amends the Older Americans Act of 1965 to require the Commissioner of the Administration on Aging to establish and operate a volunteer service credit demonstration project in each State.

A bill to repeal the retroactive application of the income, estate, and gift tax rates made by the Budget Reconciliation Act and reduce administrative expenses for agencies by $3,000,000,000 for each of the fiscal years 1994, 1995, and 1996.

United States · United States Congress · 7 October 1993

Amends the Internal Revenue Code to repeal the retroactive application of income, estate, and gift tax rate increases. Requires a reduction in administrative expenses of Federal departments and agencies for FY 1994 through 1996.

To repeal the retroactive application of the income, estate, and gift tax rates made by the budget reconciliation act and reduce administrative expenses for agencies by $3,000,000,000 for each of the fiscal years 1994, 1995, and 1996.

United States · United States Congress · 7 October 1993

Amends the Internal Revenue Code to repeal the retroactive application of income, estate, and gift tax rate increases. Requires a reduction in administrative expenses of Federal departments and agencies for FY 1994 through 1996.

Proposing an amendment to the Constitution relating to Federal budget procedures.

United States · United States Congress · 6 October 1993

Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts. Authorizes waiver of these provisions in time of war.

A bill entitled the "Guaranteed Deficit Reduction Act of 1993".

United States · United States Congress · 4 October 1993

Amends the Congressional Budget Act of 1974 to provide for downward adjustment in Appropriations Committees' allocations and suballocations when bills are passed that reduce appropriations and require rescissions. Requires the Congressional Budget Office to provide scorecards for such measures.

Ausschöpfung der im Bundeshaushalt 1993 veranschlagten Mittel für Einarbeitungszuschüsse nach § 49 Arbeitsförderungsgesetz (G-SIG: 12055216)

Germany · German Bundestag · 1 October 1993

Deficit Reduction Lock Box Act of 1993

United States · United States Congress · 30 September 1993

Deficit Reduction Lock Box Act of 1993 - Establishes the Deficit Reduction Trust Fund consisting of amounts contained in deficit reduction lock box provisions of appropriation Acts. Reduces discretionary spending limits by amounts transferred to the Fund. Amends the Congressional Budget Act of 1974 to require that amounts resulting from reduced spending under general appropriation bills be placed in the Fund.

To assure that tax increases contained in the Omnibus Budget Reconciliation Act of 1993 are used solely for deficit reduction.

United States · United States Congress · 29 September 1993

Provides for the termination of tax changes made in the Omnibus Budget Reconciliation Act of 1993 if the Secretary of the Treasury determines that the Federal budget deficit shrank nominally less than receipts attributable to such Act or the budget deficit increased.

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

United States · United States Congress · 28 September 1993

Amends the Congressional Budget Act of 1974 to provide for downward adjustments in Appropriations Committees' allocations and suballocations when bills are passed that reduce appropriations and require rescissions. Requires the Congressional Budget Office to provide scorecards for such measures.

Health Care Information Modernization and Security Act of 1993

United States · United States Congress · 27 September 1993

Health Care Information Modernization and Security Act of 1993 - Amends the Social Security Act to establish the Health Care Data Panel to: (1) develop and submit to the Office of Management and Budget for implementation proposed regulations for an integrated electronic health care data interchange system; (2) select and establish data and transaction standards, conventions, and requirements for the data interchange system; and (3) provide for appointment of a National Health Informatics Commission to advise the Panel on its activities. Authorizes appropriations.

Health Care Information Modernization and Security Act of 1993

United States · United States Congress · 24 September 1993

Health Care Information Modernization and Security Act of 1993 - Amends the Social Security Act to establish the Health Care Data Panel to: (1) develop and submit to the Office of Management and Budget for implementation proposed regulations for an integrated electronic health care data interchange system; (2) select and establish data and transaction standards, conventions, and requirements for the data interchange system; and (3) provide for appointment of a National Health Informatics Commission to advise the Panel on its activities. Authorizes appropriations.

Art der aus dem Bundeshaushalt 1994 zu finanzierenden wehrmedizinischen Forschungsvorhaben; Umfang und Art der Tierversuche (G-SIG: 12045045)

Germany · German Bundestag · 24 September 1993

Höhe des deutschen Zuschusses zur Finanzierung des Golfkriegs; Kostenabrechnung durch die USA; Rückführung nicht verbrauchter Mittel in den Bundeshaushalt (G-SIG: 12045067)

Germany · German Bundestag · 24 September 1993

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.

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: Coerced Confessions Title V: Firearms Subtitle A: Brady Handgun Violence Prevention Act Subtitle B: Gun Crime Penalties Title VI: Youth Violence Subtitle A: General Subtitle B: Criminal Street Gangs Subtitle C: Certainty of Punishment for Young Offenders Subtitle D: Juvenile Drug Trafficking and Gang Prevention Grants 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 Title X: State and Local Law Enforcement Subtitle A: Safer Streets and Neighborhoods Subtitle B: DNA Identification Subtitle C: Department of Justice Community Substances Abuse Prevention Subtitle D: Drug Testing of Arrested Individuals Subtitle E: Racial and Ethnic Bias Study Grants Title XI: Provisions Relating to Police Officers Subtitle A: Law Enforcement Relating to Police Officers Subtitle B: Police Pattern or Practice Subtitle C: Police Corps and Law Enforcement Officers Subtitle D: Study Rights of Police Officers Title XII: Grant Program for State Prisons Title XIII: Federal Prisons Subtitle A: General Subtitle B: Drug Testing Subtitle C: Enhanced Penalties for Drugs in Federal Prisons Subtitle D: Drug Treatment in Federal Prisons Subtitle E: Studies 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: Drug Emergency Areas Subtitle B: Precursor Chemicals 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: Motor Vehicle Theft Prevention Title XIX: Protections for the Elderly Title XX: Consumer Protection Title XXI: Sentencing Provisions Title XXII: Computer Cime Title XXIII: International Parental Kidnapping Title XXIV: Safe Schools Title XXV: Financial Institutions Fraud Prosecutions Title XXVI: White Collar Crime Amendments Title XXVII: Gambling Title XXVIII: Bail Posting Reporting Title XXIX: General Increased Penalty Provisions Title XXX: Miscellaneous Title XXXI: Technical Corrections Violent Crime Control and Law Enforcement Act of 1993 - Title I: Public Safety and Policing - 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 - 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 of Federal witnesses. (Sec. 201) 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 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, and previous conviction of sexual assault or child molestation). 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 - 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. 302) 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. 303) 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. 304) 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. (Sec. 306) Sets standards and procedures for the provision of counsel for indigent defendants. 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 recruit, train, monitor, and support attorneys involved at all stages of capital litigation. (Sec. 307) 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: Coerced Confessions - Specifies that the admission into evidence of a coerced confession (i.e., one elicited in violation of the fifth or fourteenth amendments to the Constitution) shall not be considered harmless error. Title V: Firearms - Subtitle A: Brady Handgun Violence Prevention Act - Amends the Federal criminal code to provide for a five (business) day waiting period for the purchase of a handgun. Sets forth: (1) interim procedures (pending the establishment of a national instant criminal background check system) for checking with the chief law enforcement officer of the place of residence of the purchaser as to whether the purchaser has a criminal record or whether there is any other legal impediment to such individual's receiving a handgun; and (2) permanent procedures for conducting criminal background checks. Sets penalties for violations. (Sec. 502) Directs the Attorney General to establish a national instant criminal background check system that any licensee may contact for information on whether receipt of a firearm by a prospective purchaser would violate specified legal provisions. Provides for the correction of erroneous information in the system. (Sec. 503) Permits the use of formula grants under the Omnibus Act for improvements in State criminal records. Authorizes appropriations. Sets forth provisions with respect to the withholding of State and Department of Justice (DOJ) funds for failure to meet set deadlines. Subtitle B: 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. 506) 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. 508) 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 VI: Youth Violence - Subtitle A: General - Amends the Controlled Substances Act (CSA) to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. (Sec. 602) Amends the Federal criminal code to prohibit a juvenile from being transferred to adult prosecution or a hearing from being held under section 5037 (disposition after a finding of juvenile delinquency) until any prior juvenile records have been received by the court or other specified conditions are met. (Sec. 603) 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). Subtitle B: Criminal Street Gangs - Amends 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 violent crime conviction, with the penalty to run consecutively to any other sentence imposed Subtitle C: Certainty of Punishment for Young Offenders - Amends the Omnibus Act to authorize the Director of the BJA to make grants to States for the purpose of developing alternative methods of punishment for young offenders to traditional forms of incarceration and probation. Authorizes appropriations. Subtitle D: Juvenile Drug Trafficking and Gang Prevention Grants - Amends the Omnibus Act to authorize the Director of the BJA to make grants for programs to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Authorizes appropriations. 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. 705) Extends: (1) 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 (2) the statute of limitations to ten years for certain terrorist offenses. (Sec. 706) 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. 709) 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. Enhances penalties for any felony that involves or is intended to promote international terrorism. (Sec. 713) 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; and (2) the Federal criminal code to set penalties for those who provide material support to terrorists. 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 - 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. 806) 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 Registration - 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 yeas 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. 808) 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 - Amends the Victims of Crime Act of 1984 to: (1) specify the amounts available for grants under certain sections of the Act; and (2) provide that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal, or federally financed State or local, program would otherwise pay, such victim compensation program shall not pay such compensation and the other program shall make its payments without regard to the existence of the crime victim compensation program. (Sec. 903) 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. 904) Directs the Attorney General and the Secretary of Health and Human Services to report to specified congressional committees on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of the syndrome has been admitted as evidence of guilt or as a defense in criminal trials. Title X: State and Local Law Enforcement - Subtitle A: Safer Streets and Neighborhoods - Continues the current Federal-State funding formula for grants under title I of the Omnibus Act. (Sec. 1002) Amends such 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 the Act (current law does not specify "non-Federal"), effective October 1, 1994. Subtitle B: DNA Identification - 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. 1004) Requires the Director of the FBI to appoint an advisory board on DNA quality assurance methods and issue standards for quality assurance. 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. 1006) Sets forth proficiency testing and privacy protection requirements, and penalties for violations. (Sec. 1007) Authorizes appropriations. Subtitle C: Department of Justice Community Substances Abuse Prevention - 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 D: Drug Testing of Arrested Individuals - Amends the Omnibus Act to authorize the Director of the BJA to make grants to States for the purpose of developing, implementing, or continuing a drug testing project when individuals are arrested and during the pretrial period. Authorizes appropriations. Subtitle E: 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 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. 1104) 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 Scholarship Programs - Chapter 1: Community Police Corps Initiatives - Authorizes the Attorney General to make grants for up to ten Community Police Corps Programs in which participants can receive scholarships of not more than $5,000 annually times the number of years in the educational institution's regular program in exchange for a commensurate period of work with a State or local police force upon graduation. Authorizes appropriations. Permits up to ten percent of grant funds to be awarded to law enforcement officers currently employed by the jurisdiction, and who are assigned to community-oriented policing or who exercise supervisory or training roles in relation to such officers, for college or post-graduate work. Chapter 2: Law Enforcement Scholarship Program - Requires the Director of the BJA 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: Grant Programs for State Prisons - Amends the Omnibus Act to authorize the Director of the BJA to make grants to States for residential substance abuse treatment programs in State correctional facilities, as well as those in which inmates are incarcerated for a time sufficient to permit substance abuse treatment. Authorizes appropriations. Title XIII: Federal Prisons - Subtitle A: General - Amends the Federal criminal code to: (1) prohibit the Bureau of Prisons from considering the social or economic status of a prisoner in designating such prisoner's 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) Requires notice to State and local law enforcement authorities concerning the release or relocation to their areas of Federal offenders under post-release supervision at least five days prior to such release or relocation, with respect to prisoners convicted of drug trafficking and violent crimes. (Sec. 1304) Deems references to supervised release, in the case of prisoners convicted of offenses committed prior to November 1, 1987, to be references to probation or parole. Subtitle B: Drug Testing - 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. Subtitle C: Enhanced Penalties for Drugs in Federal Prisons - Provides for enhanced penalties for drug trafficking and illegal drug use in Federal prisons. Subtitle D: Drug Treatment in Federal Prisons - 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 E: Studies - Requires 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 recividism 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. 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 - Amends the CSA to enhance penalties for drug distribution at or near truck stops and safety rest areas. Title XV: Drug Control - Subtitle A: Drug Emergency Areas - Amends the National Narcotics Leadership Act of 1988 to authorize the President to declare a State, or part thereof, a drug emergency area, to take all necessary actions to save lives and protect property, public health, and safety, and to make grants aggregating $25 million for any single major drug-related emergency. Requires grant money to be divided equally between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Permits the President to direct any Federal agency to utilize its resources to assist State anti-drug efforts. Authorizes appropriations. Subtitle B: Precursor Chemicals - Amends the CSA to impose registration requirements for precursor chemicals. (Sec. 1504) Requires manufacturers to submit annual reports concerning listed chemicals manufactured during the year. (Sec. 1505) 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. 1509) Grants the Attorney General the same inspection authority for listed chemicals as presently exists with respect to controlled substances. (Sec. 1511) 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 and 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 and sets penalties for: (1) drug dealing in or near public housing authority facilities; (2) a physical trainer or adviser who tries to persuade an individual to use anabolic steroids; and (3) advertising which aims to illegally solicit or sell drugs. (Sec. 1518) Enhances penalties for drug dealing in "drug-free zones." (Sec. 1519) Includes among the long-term goals of the National Drug Control Strategy making drug treatment available to all who need it. Title XVI: Drunk Driving Provisions - Amends the Federal criminal code to provide supplementary prison terms and fine authorizations in cases where drunk driving endangers or injures a person under age 18. (Sec. 1602) 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 - 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 - Establishes a National Commission to Support Law Enforcement. Title XVIII: Motor Vehicle Theft Prevention - 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. 1802) Prohibits and sets penalties for tampering with the decals, with exceptions. Title XIX: 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. 1902) 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 XX: 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. 2002) 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. 2003) Extends the mail fraud statute to include mail sent by private interstate carriers. Title XXI: 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. 2103) Sets forth provisions regarding mandatory revocation of probation and of supervised release after imprisonment for possession of a controlled substance or firearm, or for refusal to comply with drug testing. (Sec. 2105) Permits concurrent sentencing of a defendant to imprisonment and probation for petty offenses. Title XXII: Computer Crime - 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 any individual. 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 title. 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 XXIII: International Parental Kidnapping - 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. 2302) 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 XXIV: Safe Schools - 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 XXV: Financial Institutions Fraud Prosecutions - 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. Title XXVI: White Collar Crime Amendments - Establishes penalties for knowingly receiving the proceeds of: (1) extortion; (2) a kidnapping; and (3) a postal robbery. (Sec. 2603) Extends the prohibition against obstructing civil investigative demands to include obstruction in racketeering and false claims investigations. Title XXVII: Gambling - Sets forth provisions regarding the scope of the prohibition on gambling on ships in international waters. Grants a State gaming enforcement office located within a State Attorney General's office access to FBI criminal history record information for licensing purposes. Title XXVIII: Bail Posting Reporting - Illegal Drug Profits Act of 1991 (sic) - Requires State and Federal criminal court clerks to report to the Internal Revenue Service 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 XXIX: General Increased Penalty Provision - 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) Increases penalties for: (1) conspiracy to commit murder for hire; (2) trafficking in counterfeit goods and services; and (3) Travel Act violations. (Sec. 2906) Broadens the scope and increases the penalties for conspiracies to deprive persons of their civil rights. Title XXX: Miscellaneous - Extends the protection of the criminal civil rights statute to any person in a State. (Currently, the statute only covers a State "inhabitants.") (Sec. 3003) 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 expense paid from the DOJ Assets Forfeiture Fund. (Sec. 3005) Creates an optional venue in the District of Columbia for espionage and related offenses regarding the gathering, transmitting, losing, or delivering of defense information. (Sec. 3007) Prohibits: (1) the disclosure of information obtained through wiretapping or electronic surveillance with the intent to obstruct a criminal investigation; (2) the theft of major art works from museums; (3) misuse of the words "Drug Enforcement Administration" or the initials "DEA"; and (4) attempted robbery, kidnapping, smuggling, and property damage offenses. (Sec. 3010) Permits trials by a magistrate judge in petty offense cases involving juveniles. Title XXXI: Technical Corrections - Makes technical corrections to various criminal law provisions.

projet de loi de finances pour 1994

France · Senate · 22 September 1993