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Resolution· SRESS.Res. 162 (103rd)passed
United States · United States Congress · 5 November 1993
Expresses the sense of the Senate that the President and Secretary of State should: (1) raise the matter of Hugo Princz (a U.S. citizen who was liberated by U.S. armed forces at the close of World War II and whose application for reparations from the Federal Republic of Germany (FRG) as a "survivor" was rejected) with the FRG, including the Chancellor and Foreign Minister, and ensure that this matter will be expeditiously resolved and that fair reparations will be provided to Princz; and (2) state that the United States will not countenance the continued discriminatory treatment of Princz.
Bill· SS. 1626 (103rd)open
United States · United States Congress · 4 November 1993
Veterans' Home Loan Improvement Act of 1993 - Entitles veterans who have repaid in full a previous home loan guaranteed by the Department of Veterans Affairs to another home loan, whether or not the property securing the first loan has been sold or otherwise disposed of. (Current law requires such sale, even if the loan has been repaid in full.) Allows veterans to refinance an existing guaranteed loan in order to make energy efficiency improvements.
Bill· SS. 1621 (103rd)referred
United States · United States Congress · 4 November 1993
Amends the Veterans' Benefits Programs Improvement Act of 1991 to: (1) increase from $1 million to $1.25 million the amount authorized to be transferred to the Pershing Hall Revolving Fund for major projects construction; (2) authorize the Secretary of Veterans Affairs to sell or otherwise dispose of Pershing Hall in Paris, France, and to use up to $250,000 for administrative expenses with respect to such sale; and (3) close the Fund after such sale and payment of all Fund obligations.
Bill· SS. 1620 (103rd)open
United States · United States Congress · 4 November 1993
Extends eligibility for burial in a national cemetery to any member or former member of the armed forces (and his or her dependents) who has performed at least 20 years of service under honorable conditions and who is eligible for retired pay.
Bill· SS. 1625 (103rd)referred
United States · United States Congress · 4 November 1993
Anti-Economic Discrimination Act of 1993 - Prohibits the sale or lease of defense articles or services by the U.S. Government to any country or international organization that is known to have sent letters to U.S. firms requesting compliance with, or soliciting information regarding compliance with, the secondary or tertiary Arab boycott unless the President certifies to the appropriate congressional committees that the country or organization does not currently maintain such a policy or practice. Authorizes the President to waive such prohibition for one year if the waiver is: (1) in the national interest and will promote objectives to eliminate the Arab boycott; or (2) in the national security interest. Provides for extensions of waivers upon notification of the appropriate congressional committees.
Bill· HRH.R. 3456 (103rd)open
United States · United States Congress · 4 November 1993
Surviving Spouses' Benefits Act of 1993 - Provides for the surviving spouse of a veteran who has remarried where that marriage has subsequently been terminated by death or divorce: (1) a special death gratuity, subject to reduction due to the receipt of various other benefits; and (2) restoration of pension eligibility that was terminated due to remarriage. Limits the FY 1995 cost of living adjustments in the rates of veterans' disability compensation and dependency and indemnity compensation (DIC) to an increase equal to the percentage increase in benefits payable under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act as of December 1, 1994. Limits FY 1995 DIC increases to 50 percent of the new law increase for such fiscal year.
Bill· HRH.R. 3452 (103rd)referred
United States · United States Congress · 4 November 1993
Provides for the creditability of service in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard by employees of the legislative branch under the Federal Employees' Retirement System, subject to certain conditions.
Resolution· HRESH.Res. 294 (103rd)referred
United States · United States Congress · 4 November 1993
Condemns the attempted coup d'etat in Burundi and the murder of President Ndadaye and his cabinet ministers. Calls for the installation of the democratically elected government in Burundi. Commends: (1) the people of Burundi for their commitment to democracy; and (2) the Clinton administration and the international community for the prompt condemnation of the October 21, 1993, attempted coup. Urges: (1) the people of Burundi to help end the ethnic violence; (2) the military authorities to restore law and order and hand over power to the democratically elected civilian government; (3) the Organization of African Unity (OAU) to assist in restoring democracy and ending the ethnic stife in Burundi; and (4) the international community to assist the OAU in such efforts and to provide humanitarian assistance to the people of Burundi. Encourages the people of Burundi to continue their commitment to ethnic reconciliation and democracy.
Resolution· HRESH.Res. 293 (103rd)passed
United States · United States Congress · 4 November 1993
Sets forth the rule for the consideration of H. Con. Res. 170 (directing the President, pursuant to the War Powers Resolution, to remove U.S. armed forces from Somalia by January 31, 1994).
Bill· HRH.R. 3430 (103rd)referred
United States · United States Congress · 3 November 1993
Environmental Defense Act of 1993 - Directs the Secretary of Education to investigate the feasibility of the Federal Government establishing a National Environmental Science and Policy Academy. Requires a report, with recommendations, to the Congress.
Bill· SS. 1608 (103rd)open
United States · United States Congress · 2 November 1993
TABLE OF CONTENTS: Title I: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Title II: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Title III: Energy and Water Development Title IV: Foreign Operations, Export Financing, and Related Programs Title V: Department of Defense Title VI: Department of Transportation and Related Agencies Title VII: General Services Title VIII: Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Title I: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies - Rescinds funds made available to the Department of Agriculture for the Agricultural Research Service, the Cooperative State Research Service, the Agricultural Stabilization and Conservation Service, the Soil Conservation Service, the Farmers Home Administration, the Rural Electrification Administration, and the Food and Nutrition Service. Title II: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies - Rescinds funds made available to: (1) the State Justice Institute; (2) the Department of Commerce for the National Oceanic and Atmospheric Administration and the International Trade Administration; (3) the Small Business Administration; (4) the Department of State for the Administration of Foreign Affairs; and (5) the United States Information Agency. Title III: Energy and Water Development - Rescinds funds made available to: (1) the Department of the Army for the Civil Corps of Engineers; (2) the Bureau of Reclamation of the Department of the Interior; and (3) the Department of Energy. Title IV: Foreign Operations, Export Financing, and Related Programs - Rescinds certain funds appropriated to the President for the international development assistance and international security assistance. Title V: Department of Defense - Rescinds funds appropriated to the Department of Defense for military construction. Title VI: Department of Transportation and Related Agencies - Rescinds funds made available to the Department of Transportation for the Federal Aviation Administration, the Federal Highway Administration, and the Federal Transit Administration. Title VII: General Services Administration - Rescinds funds made available for the Federal Buildings Fund. Title VIII: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies - Rescinds funds made available for certain housing programs.
Bill· SS. 1612 (103rd)open
United States · United States Congress · 2 November 1993
Extends through November 5, 1996, the authority of the Women in Military Service for America Foundation to establish a memorial on Federal land in the District of Columbia and its environs.
Bill· HRH.R. 3422 (103rd)open
United States · United States Congress · 2 November 1993
Authorizes the Secretary of the Navy to transfer to the U.S. Navy Shipbuilding Museum in Quincy, Massachusetts, the obsolete heavy cruiser U.S.S. Salem, notwithstanding a required waiting period for such transfers.
Bill· SS. 1607 (103rd)open
United States · United States Congress · 1 November 1993
TABLE OF CONTENTS: Title I: Public Safety and Policing Title II: Death Penalty Title III: Habeas Corpus Reform Title IV: Gun Crime Penalties Title V: Obstruction of Justice Title VI: Youth Violence Subtitle A: Increased Penalties for Drug Trafficking and Criminal Street Gangs Subtitle B: Juvenile Drug Trafficking and Gang Prevention Grants Subtitle C: Bindover System for Certain Violent Juveniles Title VII: Terrorism Subtitle A: Maritime Navigation and Fixed Platforms Subtitle B: General Provisions Title VIII: Sexual Violence and Child Abuse Subtitle A: Sexual Abuse Subtitle B: Child Protection Subtitle C: Crimes Against Children Title IX: Crime Victims Subtitle A: Victims' Rights Subtitle B: Crime Victims' Fund Title X: State and Local Law Enforcement Subtitle A: DNA Identification Subtitle B: Department of Justice Community Substance Abuse Prevention Subtitle C: Racial and Ethnic Bias Study Grants Title XI: Provisions Relating to Police Officers Subtitle A: Law Enforcement Family Support Subtitle B: Police Pattern or Practice Subtitle C: Police Corps and Law Enforcement Officers Training and Education Title XII: Drug Court Programs Title XIII: Prisons Subtitle A: Federal Prisons Subtitle B: State Prisons Title XIV: Rural Crime Subtitle A: Fighting Drug Trafficking in Rural Areas Subtitle B: Drug Free Truck Stops and Safety Rest Areas Title XV: Drug Control Subtitle A: Increased Penalties Subtitle B: Precursor Chemicals Act Subtitle C: General Provisions Title XVI: Drunk Driving Provisions Title XVII: Commissions Subtitle A: Commission on Crime and Violence Subtitle B: National Commission to Study the Causes of the Demand for Drugs in the United States Subtitle C: National Commission to Support Law Enforcement Title XVIII: Bail Posting Reporting Title XIX: Motor Vehicle Theft Prevention Title XX: Protection for the Elderly Title XXI: Consumer Protection Title XXII: Financial Institution Fraud Prosecutions THIS Title XXIII: Savings and Loan Prosecution Task Force Title XXIV: Sentencing Provisions Title XXV: Sentencing and Magistrates Amendments Title XXVI: Computer Crime Title XXVII: International Parental Kidnapping Title XXVIII: Safe Schools Title XXIX: Miscellaneous Subtitle A: Increases in Penalties Subtitle B: Extension of Protection of Civil Rights Statutes Subtitle C: Audit and Report Subtitle D: Gambling Subtitle E: White Collar Crime Amendments Subtitle F: Safer Streets and Neighborhoods Subtitle G: Other Provisions Title XXX: Technical Corrections Violent Crime Control and Law Enforcement Act of 1993 - Title I: Public Safety and Policing - Public Safety Partnership and Community Policing Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Attorney General to make grants and provide technical assistance to units of State and local government, and to other public and private entities, to increase police presence (including the rehiring of law enforcement officers laid off as a result of State and local budget reductions, as well as the hiring of new, additional career law enforcement officers, for deployment in community-oriented policing), expand and improve cooperative efforts between law enforcement agencies (LEAs) and members of the community, and otherwise enhance public safety. Sets forth matching fund, application, and related requirements. Authorizes appropriations. Title II: Death Penalty - Federal Death Penalty Act of 1993 - Amends the Federal criminal code to provide for imposition of the death penalty for various offenses, including: (1) murder by a Federal prisoner; (2) civil rights murders; (3) drive-by shootings and carjackings resulting in death; (4) foreign murder of U.S. nationals; (5) rape and child molestation murders; (6) gun murders during Federal crimes of violence and drug trafficking crimes; and (7) murder in the course of alien smuggling. (Sec. 202) Sets forth procedures for the imposition, implementation, and review of such sentence. Limits mitigating factors (such as impaired capacity, duress, minor participation, and victim's consent) and aggravating factors (such as involvement of a firearm or previous conviction of a violent felony involving a firearm, previous conviction of other serious offenses, vulnerability of victim, and continuing criminal enterprise involving drug sales to minors). Requires a special hearing to determine whether a death sentence is justified. Directs the court to instruct the jury not to consider the race, color, religious beliefs, national origin, or sex of the defendant or of any victim. Prohibits the execution of a woman while she is pregnant and of a person who is mentally retarded. Title III: Habeas Corpus Reform - An Act to enforce the fourteenth amendment and to reform habeas corpus - Amends the Federal judicial code to impose a 180-day limitations period for the filing of Federal habeas corpus petitions, applicable in both capital and non-capital cases in which the State has offered the petitioner counsel for State post-conviction review, which begins from the time the petitioner's conviction becomes final on State direct review. Tolls such period while the petitioner pursues State post-conviction remedies, unless the petitioner fails to initiate post-conviction review within 270 days in capital cases or 180 days in non-capital cases. Provides for a one-time 60-day extension of the period upon a showing of good cause. (Sec. 303) Provides an automatic stay of execution in capital cases through the consideration of the first Federal habeas corpus petition. Permits a stay of execution to be granted thereafter only if the petition on its face satisfies the requirements for successive petitions. (Sec. 304) Prohibits a Federal court from announcing or applying a new rule to grant relief to a habeas corpus petitioner, except where the new rule places a class of individual conduct beyond the power of the criminal lawmaking authority to proscribe or prohibits the imposition of a certain type of punishment for a class of persons because of their status or offense, or constitutes a watershed rule of criminal procedure implicating the fundamental fairness and accuracy of the criminal proceeding. Codifies caselaw providing for an independent Federal habeas corpus review of claims under Federal law, except for fourth amendment exclusionary rule claims. Specifies that the State bears the burden of proving harmless error in Federal habeas corpus review of State criminal convictions. (Sec. 305) Sets forth provisions regarding: (1) limits on successive petitions (allows a prisoner to bring a second or subsequent petition only upon a showing of cause for not having brought the claim before and prejudice if the claim is not heard); and (2) new evidence (allows prisoners in capital cases to present claims of actual innocence based on newly discovered evidence that the petitioner did not previously know about). (Sec. 308) Sets standards and procedures for the provision of counsel for indigent defendants at all stages of State capital litigation. Requires each State in which a sentence of death may be imposed to establish a State counsel certification authority, comprised of members of the State's criminal defense bar, to create a roster of qualified lawyers eligible for court appointment and monitor the performance of attorneys so certified. (Sec. 309) Amends the Omnibus Act to require the Director of the Bureau of Justice Assistance (BJA) to make grants to States to help fund the provision of defense counsel. Authorizes: (1) Federal grants of up to 75 percent of the additional costs imposed by the new counsel requirements during the first three years following enactment of this title and 50 percent thereafter; and (2) grants for the prosecution of Federal habeas corpus cases in an amount equal to that allocated to capital resource centers. (Sec. 310) Abrogates State sovereign immunity from suit in Federal court for a violation of specified provisions regarding the establishment of a State certification authority and attorney compensation. Title IV: Gun Crime Penalties - Directs the U.S. Sentencing Commission to amend its sentencing guidelines to enhance the penalty for: (1) use of a semiautomatic firearm during a crime of violence or a drug trafficking crime; (2) a second offense of using an explosive to commit a Federal felony; (3) use of a firearm in the commission of counterfeiting or forgery; and (4) firearms possession by violent felons and serious drug offenders. (Sec. 403) Prohibits and sets penalties for: (1) smuggling firearms in aid of drug trafficking; (2) theft of firearms and explosives; (3) the transfer of firearms to a nonresident of a State, except for lawful sporting purposes; (4) conspiracies to commit firearms and explosives crimes; and (5) the distribution of explosives to a person who is legally disqualified from having the explosives. (Sec. 405) Mandates the revocation of: (1) supervised release and the institution of a prison term for a defendant who possesses a controlled substance or firearm in violation of a condition of such release, or who refuses to cooperate with drug testing; and (2) probation for possession of a controlled substance or firearms in violation of a condition of probation, or who refuses to cooperate with drug testing. (Sec. 407) Increases the penalty for: (1) knowingly making a false, material statement in connection with the acquisition of a firearm from a licensed dealer; and (2) interstate gun trafficking. Title V: Obstruction of Justice - Increases the penalties for threats and intimidation of jurors and court officers, obstruction of justice, and attempted retaliatory killings of witnesses, victims, and informants. (Sec. 501) Provides the death penalty for: (1) the murder of jurors and court officers; (2) retaliatory killings of witnesses, victims, and informants; (3) the murder of State officials working with Federal law enforcement officials in connection with Federal criminal investigations; and (4) the murder of Federal witnesses. (Sec. 503) Creates an exception to current law requiring that persons charged with capital offenses be furnished with a list (with addresses) of veniremen and witnesses, if the court finds by a preponderance of the evidence that providing such list may jeopardize the life or safety of any person. Title VI: Youth Violence - Subtitle A: Increased Penalties for Drug Trafficking and Criminal Street Gangs - Amends: (1) the Controlled Substances Act (CSA) to increase penalties for employing children to distribute drugs or avoid apprehension for a drug offense; and (2) the Federal criminal code to provide for imprisonment of up to ten years for a gang member or person acting on behalf of a criminal street gang who commits a Federal drug or violent crime offense and who has had a prior drug or crime of violence conviction, with the penalty to run consecutively to any other sentence imposed. Subtitle B: Juvenile Drug Trafficking and Gang Prevention Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants for: (1) programs to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles; (2) public or non-profit private organizations or individuals to identify promising new juvenile drug reduction and enforcement programs; and (3) public or non-profit private organizations or individuals to support promising new programs that specifically address the unique crime, drug, and alcohol related challenges faced by juveniles living at or near international ports of entry and in other international border communities. Authorizes appropriations. Subtitle C: Bindover System for Certain Violent Juveniles - Amends the Omnibus Act to authorize grants for bindover systems for the prosecution of 16- and 17-year-olds as adults for certain violent crimes (first- and second-degree murder, attempted murder, armed robbery with a firearm, aggravated battery or assault with a firearm, criminal sexual penetration when armed with a firearm, and drive-by shooting). Title VII: Terrorism - Subtitle A: Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to prohibit and set penalties for the seizure of a ship or fixed platform by force, an act of violence against a person aboard, damage or destruction, or the injuring or killing of a person in connection with such activities. Provides the death penalty where death results. Subtitle B: General Provisions - Provides the death penalty where death results from the use of a weapon of mass destruction. (Sec. 714) Extends: (1) the application of State, territory, or district law for offenses committed in territorial waters not otherwise committed within a State's territory or district; (2) special maritime and territorial jurisdiction to offenses committed by or against a U.S. national during a voyage on a foreign vessel scheduled to depart from or arrive in the United States; and (3) the statute of limitations to ten years for certain terrorist offenses. (Sec. 716) Provides: (1) the death penalty for the commission of torture outside the United States and for the killing of a U.S. national outside the country; (2) the Federal Bureau of Investigation (FBI) with access to telephone subscriber information if the Director or Deputy Assistant Director certifies that such information is relevant to a foreign counterintelligence investigation and that it pertains to an agent of a foreign power; and (3) criminal penalties for willful violations of airport or airline security regulations. (Sec. 719) Prohibits: (1) acts of terrorism at U.S. international airports (and provides the death penalty where death results), subject to certain limitations; and (2) counterfeiting U.S. currency abroad (and sets penalties). Enhances penalties for any felony that involves or is intended to promote international terrorism. Sets penalties for those who provide material support to terrorists. (Sec. 722) Creates an Economic Terrorism Task Force. (Sec. 725) Amends the Immigration and Nationality Act to authorize the Attorney General to grant a nonimmigrant visa to an alien who possesses critical information about a criminal organization and whose presence in the United States is essential to an investigation or prosecution of such organization. Title VIII: Sexual Violence and Child Abuse - Subtitle A: Sexual Abuse - Amends the Federal criminal code to include within the definition of "sexual act" the intentional touching, not through the clothing, of the genitalia of another person who has not attained age 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. Subtitle B: Child Protection - National Child Protection Act of 1993 - Provides for the establishment of a national background check system whereby child care organizations can determine whether prospective employees have histories of child abuse or other serious crimes. Requires States to have at least 80 percent currency of crime cases in their systems within three years. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to begin a study of child abusers' criminal records. (Sec. 816) Amends the Omnibus Act to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this subtitle. Subtitle C: Crimes Against Children - Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring any person convicted of a criminal offense against a victim who is a minor to register a current address with a designated State LEA for ten years after release from prison or being placed on parole or supervised release. Subjects to criminal penalties a person required to register under a State program who knowingly fails to register and keep such registration current. (Sec. 823) Specifies that the allocation of BJA grant funds (under the Omnibus Act) received by a State not complying with provisions of this Act three years after its enactment shall be reduced by ten percent, with the unallocated funds to be reallocated to the States in compliance with this Act. Title IX: Crime Victims - Subtitle A: Victims' Rights - Amends Rule 32 of the Federal Rules of Criminal Procedure to give victims of violent crimes and sexual abuse the right to address the court concerning the sentence to be imposed on convicted offenders. Permits such right to be exercised by a parent or guardian if the victim is under 18, or by one or more family members if the victim is deceased or incapacitated. (Sec. 902) Requires courts to order criminal defendants who are convicted to pay restitution to victims. Specifies that a restitution order shall constitute a lien against real or personal property. Subtitle B: Crime Victims' Fund - Amends the Victims of Crime Act of 1984 to provide that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal, or a federally financed State or local, program would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program. (Sec. 913) Allows: (1) up to five percent of a victim compensation or assistance program grant to be used for administrative costs; and (2) the Director of the Office for Victims of Crime to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year. (Sec. 917) Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds. Title X: State and Local Law Enforcement - Subtitle A: DNA Identification - DNA Identification Act of 1993 - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for specified identification purposes. Sets forth provisions regarding: (1) restrictions on the use of funds; and (2) reporting and recordkeeping (including access to records) requirements. Authorizes appropriations. (Sec. 1003) Requires the Director of: (1) the FBI to appoint a distinct advisory board on DNA quality assurance methods from among nominations proposed by the National Academy of Sciences and professional societies of crime laboratory officials and issue standards for quality assurance; and (2) the National Institute of Justice (NIJ) to make specified certifications to the House and Senate Judiciary Committees regarding the establishment of a proficiency testing program for DNA analyses. (Sec. 1004) Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, and of analyses of DNA samples recovered from crime scenes and from unidentified human remains. (Sec. 1005) Sets forth proficiency testing and privacy protection requirements, and penalties for violations. (Sec. 1006) Authorizes appropriations. Subtitle B: Department of Justice Community Substance Abuse Prevention - Department of Justice Community Substance Abuse Prevention Act of 1993 - Amends the Omnibus Act to authorize the Attorney General to make grants to eligible coalitions to develop and implement substance abuse prevention programs, with the efforts of such coalitions involving substantial community participation. Grants priority to communities providing evidence of significant abuse. Authorizes appropriations. Subtitle C: Racial and Ethnic Bias Study Grants - Authorizes the Attorney General to make grants to States that have established, by State law or the court of last resort, plans for analyzing the role of race in their criminal justice systems. Requires State plans to include recommendations designed to correct any findings of racial and ethnic bias. Authorizes appropriations. Title XI: Provisions Relating to Police Officers - Subtitle A: Law Enforcement Family Support - Amends the Omnibus Act to: (1) require the Director of the BJA to establish guidelines and oversee the implementation of family-friendly policies in law enforcement divisions of the Department of Justice (DOJ), identify model programs that provide support to law enforcement families, and provide technical assistance for stress reduction and family support efforts by State and local LEAs; and (2) authorize the Director to make grants to States and local LEAs and organizations representing State or local law enforcement personnel to provide family support services to law enforcement personnel. Authorizes appropriations. Subtitle B: Police Pattern or Practice - Prohibits any governmental authority, or any agent or person acting on behalf of such authority, from engaging in a pattern or practice of conduct by law enforcement officers that deprives persons of their constitutional or Federal rights. Authorizes the Attorney General to bring a civil action against such officers to eliminate such practices. (Sec. 1112) Directs the Attorney General to acquire data about the use of excessive force by law enforcement officers. Subtitle C: Police Corps and Law Enforcement Officers Training and Education - Chapter 1: Police Corps - Police Corps Act - Establishes in DOJ an Office of the Police Corps and Law Enforcement Education, headed by a Director. Authorizes the Director to award college and graduate school scholarships (of up to $30,000 per student) in exchange for four years work with a State or local police force upon graduation. Requires participants who do not follow through on their commitment to pay back all the scholarship money plus ten percent interest. (Sec. 1127) Sets forth provisions regarding: (1) selection and training of participants; (2) swearing in, discipline, and layoffs; (3) State plan requirements; and (4) assistance to States and localities employing police corps officers. Authorizes appropriations. Chapter 2: Law Enforcement Scholarship Program - Law Enforcement Scholarships and Recruitment Act - Requires the Director to provide scholarships for in-service law enforcement personnel who seek further education, allotting 80 percent of funds based on the relative number of law enforcement officers per State and 20 percent based on the relative shortage of officers. Provides grants for summer jobs or part-time jobs during the year for high school students interested in law enforcement careers. Authorizes appropriations. Title XII: Drug Court Programs - Amends the Omnibus Act to authorize the BJA to make grants to States: (1) for drug testing upon arrest, during the pretrial period, or during participation in any pre- or post-conviction diversion program; (2) to develop alternative methods of punishment for young nonviolent offenders to traditional forms of incarceration and probation; and (3) for residential substance abuse treatment programs in State prisons. Authorizes appropriations. Title XIII: Prisons - Subtitle A: Federal Prisons - Amends the Federal criminal code to: (1) prohibit the Bureau of Prisons from showing favoritism to prisoners of high social or economic status in designating their place of imprisonment; and (2) require that any submission of legislation by the judicial or executive branch that might affect prison populations be accompanied by an impact statement (and requires the Attorney General to prepare and transmit to the Congress annual prison impact assessments). (Sec. 1303) Federal Prisoner Drug Testing Act of 1993 - Requires the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of Federal offenders on post-conviction release. (Sec. 1304) Drug Treatment in Federal Prisons Act of 1993 - Establishes a schedule for the Bureau of Prisons to place all eligible prisoners into residential substance abuse treatment programs for between nine and 12 months, in facilities separate from the general prison population. Specifies that prisoners who successfully complete such programs could be released up to a year early. Authorizes appropriations. (Sec. 1305) Directs the court, in imposing sentence, to consider the expected costs to the Government of any imprisonment, supervised release, or probation. Authorizes the Sentencing Commission, in promulgating guidelines, to include as a component of a fine the expected costs to the Government of any imprisonment, supervised release, or probation sentence that is ordered. Subtitle B: State Prisons - Authorizes the Attorney General to make grants to States and to multi-State compact associations for the development and operation of boot camp prisons (for prisoners not convicted of violent felonies, providing a highly regimented schedule of strict discipline, physical training, and work, as well as remedial education and treatment for substance abuse) and regional prisons (for violent offenders with serious substance abuse problems). Specifies that grants may support the activation of boot camp and regional prison facilities already constructed by State or local governments, and shall support aftercare services (to reduce the likelihood of repeat criminality following release). Authorizes appropriations. (Sec. 1323) Requires the Director of NIJ to study: (1) the feasibility of establishing an information clearinghouse to facilitate the interstate transfer of prisoners to facilities near their families; (2) the recidivism rates of persons who were under the influence of alcohol at the time they committed their crimes, comparing recidivism rates of those who participated in a residential treatment program while in custody with those who did not; and (3) the use of alcohol, alone or in combination with other drugs, as a factor in criminal activity. (Sec. 1324) Requires the Bureau of Prisons to notify State and local law enforcement authorities concerning the release or relocation to their areas of Federal offenders under post-release supervision, with respect to prisoners convicted of drug trafficking and violent crimes. Title XIV: Rural Crime - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. (Sec. 1402) Directs the Attorney General, subject to the availability of appropriations, to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. (Sec. 1403) Authorizes the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. (Sec. 1404) Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Drug Free Truck Stops and Safety Rest Areas - Amends the CSA to enhance penalties for drug distribution at or near truck stops and safety rest areas. Title XV: Drug Control - Subtitle A: Increased Penalties - Amends: (1) the Federal criminal code to enhance penalties for drug trafficking and illegal drug use in prisons; (2) the Tariff Act of 1930 to make the penalty for failure to declare a controlled substance 1,000 percent of the value of the article (as under current law) or $500, whichever is greater; and (3) the CSA to enhance penalties for drug dealing in or near public housing authority facilities, and to set penalties for any physical trainer or adviser who endeavors to persuade or induce an individual to possess or use anabolic steroids in violation of such Act. (Sec. 1505) Directs the Sentencing Commission to amend the sentencing guidelines to increase penalties for drug-dealing in "drug-free" zones. Subtitle B: Precursor Chemicals Act - Chemical Control Amendments Act of 1993 - Amends the CSA to impose registration requirements for precursor chemicals. (Sec. 1514) Requires manufacturers to submit annual reports concerning listed chemicals manufactured during the year. (Sec. 1515) Amends the Controlled Substances Import and Export Act to: (1) subject brokers and traders to the same recordkeeping and reporting requirements for international transactions, and the same criminal penalties, as exporters; and (2) authorize the Attorney General to require that the 15-day advance notice requirement with respect to the importation and exportation of listed chemicals apply to all exports of specific listed chemicals to specified countries, regardless of the status of certain customers in such countries as regular customers, if necessary to support effective diversion control programs or as required by treaty; and (3) establish criminal penalties for attempting to evade reporting requirements and for smuggling listed drugs. (Sec. 1519) Grants the Attorney General the same inspection authority for listed chemicals as presently exists with respect to controlled substances. (Sec. 1521) Makes it a felony to violate the Solid Waste Disposal Act in the handling of chemicals used to illegally manufacture a controlled substance. Requires that violators be assessed costs of the initial cleanup an disposal of the listed chemical and contaminated property and the costs of restoring property damaged by exposure to such chemical. Subtitle C: General Provisions - Prohibits advertising which aims to illegally solicit or sell drugs. (Sec. 1535) Includes among the long-term goals of the National Drug Control Strategy making drug treatment available to all who need it. (Sec. 1536) Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to issue regulations requiring employees to report to law enforcement authorities the discovery of illegal drugs or amounts of cash over $10,000 in airport security screenings. Title XVI: Drunk Driving Provisions - Drunk Driving Child Protection Act of 1993 - Amends the Federal criminal code to provide supplementary prison terms and fine authorizations in cases where drunk driving endangers or injures a person under 18 years of age. (Sec. 1603) Expresses the sense of the Congress that in determining child custody and visitation rights the courts should consider the history of drunk driving of anyone involved in the determination. Title XVII: Commissions - Subtitle A: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to develop a comprehensive crime control plan for the 1990's. Subtitle B: National Commission to Study the Causes of the Demand for Drugs in the United States - National Commission to Study the Causes of the Demand for Drugs in the United States - Establishes a National Commission to Study the Causes of the Demand for Drugs in the United States. Subtitle C: National Commission to Support Law Enforcement - National Commission to Support Law Enforcement Act - Establishes a National Commission to Support Law Enforcement. Title XVIII: Bail Posting Reporting - Illegal Drug Profits Act of 1993 - Requires State and Federal criminal court clerks to report to the Internal Revenue Service (IRS) and prosecutors the name and taxpayer identification number of anyone accused of a drug, money laundering, or racketeering crime who posts cash bail exceeding $10,000. Title XIX: Motor Vehicle Theft Prevention - Motor Vehicle Theft Prevention Act - Directs the Attorney General to develop a national voluntary motor vehicle theft prevention program which would involve placing identifiable decals on the vehicles of consenting owners, whereby such vehicles could then be stopped by law enforcement officers upon a reasonable suspicion that the vehicles were not being operated by or with the consent of their owners. (Sec. 1903) Prohibits and sets penalties for tampering with the decals, with exceptions. Title XX: Protections for the Elderly - Directs the Attorney General, subject to the availability of appropriations, to make grants in support of programs to protect and locate missing patients with Alzheimer's disease and related dementias. Authorizes appropriations. (Sec. 2002) Directs the Sentencing Commission to ensure that the sentences for those convicted of crimes of violence against elderly victims be sufficiently stringent to deter such crimes, protect the public from additional crimes of such a defendant, and provide enhanced penalties under specified criteria. Title XXI: Consumer Protection - Amends the Federal criminal code to set penalties for insurance industry crimes, including embezzling from insurance companies, making false entries in insurance company books with intent to deceive, and corruptly influencing or obstructing proceedings before State insurance regulatory agencies or insurance examiners. Prohibits persons convicted of criminal felonies involving dishonesty or breach of trust from engaging in the insurance business without the written consent of an insurance regulatory official authorized to regulate the insurer. (Sec. 2102) Consumer Protection Against Credit Card Fraud Act of 1993 - Prohibits the sale of credit cards without credit card company authorization, fraudulent receipt of payments via credit card for goods never received or inferior to those promised, and laundering to credit card receipts. (Sec. 2103) Extends the mail fraud statute to include mail sent by private interstate carriers. Title XXII: Financial Institution Fraud Prosecutions - Financial Institutions Fraud Prosecution Act of 1991 (sic) - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to disqualify certain persons with criminal records from participating in the affairs of insured depository institutions and credit unions. (Sec. 2204) Amends the Crime Control Act of 1990 to encourage the Attorney General to report to the Congress on the collapse of private insurance deposit corporations. Title XXIII: Savings and Loan Prosecution Task Force - Directs the Attorney General to establish within DOJ a savings and loan criminal fraud task force to prosecute those criminal cases involving savings and loan institutions. Title XXIV: Sentencing Provisions - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission. (Sec. 2403) Directs the court to revoke a term of supervised release and require the defendant to serve in prison all or part of the term of release authorized by statute for the offense that resulted in such term, without credit for time previously served on post-release supervision, if the court finds that the defendant violated a condition of supervised release, subject to specified limitations. Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to such expiration, a warrant or summons ha been issued on the basis of an allegation of such a violation. (Sec. 2404) Provides for the application of the sentencing guidelines (and any pertinent policy statement issued by the U.S. Sentencing Commission) for certain nonviolent drug offenses in which a mandatory minimum term of imprisonment would otherwise be required. Directs the Sentencing Commission to: (1) review the consideration of defendants' criminal histories under the guidelines; and (2) monitor the operation of this Act. Title XXV: Sentencing and Magistrates Amendments - Permits concurrent sentencing of a defendant to imprisonment and probation for petty offenses. (Sec. 2502) Authorizes the trial of petty offenses by magistrate judges. Title XXVI: Computer Crime - Computer Abuse Amendments Act of 1993 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes it a misdemeanor to recklessly transmit a destructive computer program or code. Creates a civil cause of action for persons suffering damage or loss by virtue of a violation of this Act. Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Title XXVII: International Parental Kidnapping - International Parental Kidnapping Crime Act of 1993 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. (Sec. 2703) Authorizes appropriations to carry out under the State Justice Institute Act of 1984 national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Title XXVIII: Safe Schools - Safe Schools Act of 1993 - Amends the Omnibus Act to: (1) authorize the Director of the BJA to make grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence; and (2) require the Director to develop a written safe schools model in English and in Spanish and make such model available to any such agency that requests it. Authorizes appropriations. Title XXIX: Miscellaneous - Subtitle A: Increases in Penalties - Increases penalties for assault: (1) of Federal officers, foreign officials, and official guests and internationally protected persons; (2) within a maritime and territorial jurisdiction; and (3) of the President, presidential staff, congressional leaders, cabinet officials, and Supreme Court justices. (Sec. 2902) Increases the maximum penalties for voluntary and involuntary manslaughter. (Sec. 2903) Broadens the scope and increases the penalties for conspiracies to deprive persons of their civil rights. (Sec. 2904) Increases penalties for: (1) trafficking in counterfeit goods and services; (2) conspiracy to commit murder for hire; and (3) Travel Act violations. Subtitle B: Extension of Protection of Civil Rights Statutes - Extends the protections of the criminal civil rights statute to any person in a State. (Currently, the statute only covers State "inhabitants.") Subtitle C: Audit and Report - Directs the Attorney General to: (1) require State and local LEAs to annually audit and detail the uses and expenses to which forfeiture funds were dedicated and the amount used for each use or expense; and (2) report to the Congress on the administrative and contracting expenses paid from the DOJ Assets Forfeiture Fund. Subtitle D: Gambling - Grants a State gaming enforcement office located within a State Attorney General's office access to FBI criminal history record information for licensing purposes. Subtitle E: White Collar Crime Amendments - Establishes penalties for knowingly receiving the proceeds of: (1) extortion; (2) a kidnapping; and (3) a postal robbery. (Sec. 2943) Extends the prohibition against obstructing civil investigative demands to include obstruction in racketeering and false claims investigations. Subtitle F: Safer Streets and Neighborhoods - Safer Streets and Neighborhoods Act of 1993 - Amends the Omnibus Act to authorize the Director of the BJA to make grants to, or enter into contracts with, non-Federal public or private agencies, institutions, or organizations to carry out specified purposes of such Act (current law does not specify "non-Federal"), effective October 1, 1993. Subtitle G: Other Provisions - Authorizes the venue for espionage and related offenses to be in the District of Columbia or in any other district authorized by law. (Sec. 2963) Amends the Anti-Drug Abuse Act to make amendments with respect to certain IRS undercover operations effective from the date of this Act's enactment through December 31, 1994. (Sec. 2964) Directs the Attorney General and the Secretary of Health and Human Services to report to the Congress on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of the syndrome has been held to be admissible as evidence of guilt or as a defense in a criminal trial. (Sec. 2966) Amends the Federal criminal code to set penalties for: (1) the theft of major art works from museums; (2) misuse of the words "Drug Enforcement Administration" or the initials "DEA"; and (3) attempted robbery, kidnapping, smuggling, and property damage offenses. (Sec. 2971) Extends the statute of limitations of arson. Title XXX: Technical Corrections - Makes technical corrections to various criminal law provisions.
Bill· SS. 1605 (103rd)referred
United States · United States Congress · 1 November 1993
Merchant Marine Memorial Enhancement Act of 1993 - Authorizes conveyance without consideration of two vessels in the National Defense Reserve Fleet to any nonprofit organization that operates a Liberty Ship or Victory Ship as a memorial to merchant mariners. Requires the organization to sell the vessel for scrap, use the proceeds to refurbish a Liberty Ship or Victory Ship to enable the ship to participate in activities concerning the 50th anniversary of the Normandy invasion, and return any unused proceeds to the United States for deposit in the Vessel Operations Revolving Fund.
Bill· HRH.R. 3419 (103rd)referred
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.
Bill· SS. 1598 (103rd)referred
United States · United States Congress · 28 October 1993
TABLE OF CONTENTS: Title I: Reorganization and Reform of the Defense Acquisition System Subtitle A: Streamlining and Improvement of Acquisition Management Subtitle B: Transfer of Functions Title II: Acquisition Management Policies Title III: Contract Formation and Administration Subtitle A: Performance Based Contracting Subtitle B: Efficient Contracting Process Subtitle C: Procurement Protests Subtitle D: Other Matters Title IV: Conforming Amendments Title V: Effective Dates Department of Defense Acquisition Management Reform Act of 1993 - Title I: Reorganization and Reform of the Defense Acquisition System - Subtitle A: Streamlining and Improvement of Acquisition Management - Revises the duties of the Under Secretary of Defense for Acquisition to include planning, programming, overseeing, prescribing policies for, and assisting in the preparation and integration of budgets for research, development, and acquisition policies of the Department of Defense (DOD). (Sec. 101) Establishes in DOD a Defense Research, Development, and Acquisition Agency (Agency). Requires the Agency Director to conduct all research, development, and acquisition (RDA) activities of DOD. Specifies current Under Secretary activities to be performed by the Agency. Requires the Director to select and evaluate acquisition program executive officers and managers. Requires the Agency's Chief of Engineering and Analysis to ensure that each DOD acquisition functional analytical capacity is the most advanced of its type. Requires the Secretaries of the Army, Navy, and Air Force to be responsible for the procurement of property and services within their departments and authorizes each to conduct such procurements only to the extent that the Secretary of Defense determines necessary to sustain their individual operations. (Sec. 102) Directs the Secretary to provide a simplified acquisition program cycle that is results oriented and follows specified phases, with phase funding provided. Requires the DOD acquisition program approval process to include one major decision point which shall occur before a program proceeds into product integration and development. (Sec. 103) Directs the Chairman of the Joint Chiefs of Staff to make recommendations to the Under Secretary regarding the desirability of joint development with foreign countries of proposed defense programs. Subtitle B: Transfer of Functions - Transfers to the: (1) Secretary all RDA functions of the Secretaries of the military departments; and (2) Agency specified defense procurement agencies, commands, and offices. Title II: Acquisition Management Policies - Provides as a DOD acquisition policy goal that, on and after January 1, 2000: (1) DOD should achieve, on average, 90 percent of the cost and schedule goals established for the RDA programs; and (2) the average time for converting an emerging technology into initial operational capability should not exceed eight years. Outlines procedures for the implementation of such goals. Urges the Secretary to expedite the implementation of specified Federal provisions relating to the defense acquisition workforce and requires the Secretary to review and enhance the incentives available for encouraging workforce excellence. Specifies the grades to be carried by acquisition program executive officers and managers. Authorizes the Secretary to base the pay rate of an acquisition employee on the employee's contribution to policy goals. Limits, with an exception for critical positions, the reassignment authority for program and deputy program managers. Title III: Contract Formation and Administration - Subtitle A: Performance Based Contracting - Requires the acquisition program executive officer to use an incentive type contract unless it would inhibit the achievement of acquisition performance goals. (Sec. 303) Authorizes the Secretary to establish a contractor certification system for property and services procured by DOD on a repetitive basis, providing for the termination of such certification due to poor quality of contractor performance. Requires the maintenance of a contractor performance data base. Subtitle B: Efficient Contracting Process - Provides simplified contracting and acquisition procedures for contracts not exceeding $100,000, allowing small business contracts to utilize such procedures if there are at least two small businesses competing. Requires certain notification of such procurement contracts not exceeding such amount. (Sec. 313) Allows the Secretary to develop and acquire noncommercial or nondevelopmental items only if no such items are available to meet requirements. Authorizes the Secretary to use flexible acquisition procedures to acquire commercial and nondevelopmental items. Makes cost accounting standards of the Office of Federal Procurement Policy Act inapplicable to the acquisition of commercial and nondevelopmental items. Requires the Secretary to use innovative procedures, techniques, and strategies in DOD acquisition programs. (Sec. 316) Expresses the sense of the Congress that the Defense Logistics Agency should be commended for its use of process-oriented contract administration services. Subtitle C: Procurement Protests - Provides for the debriefing by a defense agency employee of an unsuccessful offeror on a defense contract awarded by the agency on the basis of competitive proposals, as long as a written request for such debriefing is received within seven days after the contract award. Authorizes the Comptroller General, with respect to a contract solicitation or proposed award, to: (1) recommend that a Federal agency recompete a contract immediately; or (2) declare an appropriate party eligible for damages and costs for protest filing and bid and proposal preparation. Subtitle D: Other Matters - Directs the Administrator for Federal Procurement Policy to submit to the Congress proposed legislation concerning the unification of procurement laws applicable to DOD, the Coast Guard, and the National Aeronautics and Space Administration with those applicable to the other Federal agencies and departments. Title IV: Conforming Amendments - Repeals specified Federal provisions concerning the general authorities and responsibilities of the defense acquisition workforce. Makes conforming amendments with respect to the transfer of certain RDA functions made earlier under this Act. Title V: Effective Dates - Sets forth effective dates.
Bill· HRH.R. 3400 (103rd)open
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.
Bill· HRH.R. 3412 (103rd)referred
United States · United States Congress · 28 October 1993
Commercial Export Administration Act of 1993 - Specifies the export policy of the United States, especially that exports of commercial goods and technology are unrestricted, except in critical national security or foreign policy circumstances defined by this Act. (Sec. 3) Directs the Secretary of Commerce (Secretary) to: (1) establish a U.S. Commercial Export Control Index identifying all commercial goods or technology on which controls are imposed under this Act; (2) specify license requirements for such items; and (3) designate countries and endusers to which exports and reexports of commercial goods and technology are controlled. Requires annual review of the Index. Requires the Secretary to: (1) develop methodologies and procedures for indexing products where performance capabilities are measurable; and (2) publish the full text of each International List of COCOM (Coordinating Committee for Multilateral Export Controls). Provides for disclosure of information obtained under this Act, as well as confidential exemption from disclosure requirements. Gives the U.S. International Trade Commission (ITC) the sole responsibility for making foreign availability assessments and determinations (the availability within controlled countries or to controlled countries or controlled endusers without restriction from sources outside the United States of commercial goods and technology that would reasonably be considered to substitute for those produced in the United States or other countries that participate with the United States in export control regimes, so as to render U.S.- or regime-imposed export and reexport controls ineffective in achieving their intended purpose). Requires publication of such assessments and determinations in the Federal Register. Requires the Secretary actively to pursue negotiations to eliminate foreign availability with the governments of countries which are the sources of any commercial goods or technology on which the United States maintains export controls, notwithstanding foreign availability, on account of a presidential determination that the absence of controls would prove detrimental to U.S. national security. Requires the Secretary, if by six months after such a presidential determination the foreign availability of the good or technology has not been eliminated, to remove export or reexport controls from the good or technology, and publish notice in the Federal Register. Prohibits the Secretary, after agreement is reached with a country to eliminate foreign availability of commercial goods or technology, from requiring a validated license for their export to that country. (Sec. 4) Authorizes the President to prohibit or curtail the export and reexport of any commercial goods or technology subject to U.S. jurisdiction if they would directly, substantially, and materially: (1) contribute to the military capability of countries or endusers posing a strategic threat to the United States; or (2) enable a country or enduser to acquire the capability to develop, produce, stockpile, use, or deliver weapons of mass destruction. Requires the Secretary to establish, as part of the U.S. Commercial Export Control Index, a security control list of such items, countries, and endusers. Directs the Secretary to require authority or permission (licensing), with a presumption of license denial, to export or reexport goods or technology on the security control list to controlled countries and endusers. Requires case-by-case license review of exports and reexports of controlled items to non-controlled endusers in controlled countries. Cites circumstances in which the Secretary may also require licensing of exports and reexports of controlled items to endusers in non-regime countries (a country not a member of an export control regime and not a cooperating country). Directs the Secretary to pursue negotiations with other members of export control regimes to accomplish specified objectives in order to create and strengthen effective multilateral export controls. Provides for certification of multilateral regimes. Exempts from licensing any exports or reexports of goods and technology among regime members or cooperating countries which remain in compliance with agreed controls. (Sec. 5) Authorizes the President, in specified circumstances, to prohibit or curtail the export or reexport of any commercial good or technology subject to U.S. jurisdiction to any country or enduser. Sets any such emergency control to expire 180 days after imposition, unless: (1) terminated earlier by the President; or (2) extended, adopted as a national security control, or included in a total embargo imposed by the President under specified Federal law on all exports and imports to a country. Exempts from automatic expiration any controls imposed in order to fulfill U.S. obligations pursuant to a treaty or multilateral agreement. Requires consultation with affected U.S. industries and appropriate other countries before controls may be imposed. Requires the Secretary to establish an emergency control list as part of the Control Index. Sets forth procedures and limitations on emergency controls, providing for 180 day extensions, subject to congressional approval. (Sec. 6) Makes the Secretary responsible for all export control functions, unless otherwise reserved to the President or a department or agency outside the Department of Commerce. Permits the Secretary to delegate any export control function to the Director of the Commercial Export Control Administration created by this Act, or to any other Department of Commerce officer. Transfers to the Secretary certain licensing and regulatory authorities and responsibilities from the Department of the Treasury, the Nuclear Regulatory Commission, and the Secretary of Energy. Grants the Secretary of the Energy exclusive jurisdiction of all activities constituting direct or indirect engagement in the production of special nuclear material outside the United States. Establishes a Commercial Export Control Policy Committee to: (1) provide the Secretary of Commerce (Secretary) with policy guidance and advice on commercial export control; (2) review policy recommendations; and (3) resolve policy disputes among departments and agencies. Establishes in the Department of Commerce the Commercial Export Control Administration, responsible for implementation of export controls imposed under this Act. Directs the Secretary, upon industry request, to appoint an industry advisory committee for any goods or technology subject to export controls which are difficult to evaluate because of questions concerning technical matters, worldwide availability and actual utilization of goods and technology, or licensing procedures. Sets forth enforcement authority which may be exercised under this Act. (Sec. 7) Makes the Secretary responsible for all export licensing functions under this Act. Specifies types of licenses the Secretary may require. Sets forth procedures for processing export license applications. Requires the Secretary to establish procedures for administrative appeal of a license denial. (Sec. 8) Sets forth criminal and civil penalties and administrative sanctions for violation of this Act. Provides for related administrative procedures and judicial review of final orders. (Sec. 11) Authorizes appropriations.
Bill· HRH.R. 3399 (103rd)referred
United States · United States Congress · 28 October 1993
Disaster Response and Recovery Act of 1993 - Amends The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Disaster Act) and other specified Federal law to establish a new framework for governing the Federal Government's and State and local governments' preparedness for, response to, and recovery from, major disasters, emergencies, and terrorist attacks and coordination among such entities (including private relief agencies) in responding to such events through a reorganization of operations of the Federal Emergency Management Agency (FEMA). (Sec.) Defines "catastrophic disaster." (Sec. 4) Transfers to the FEMA Director certain authority granted to the President under the Disaster Act, such as the authority to make grants to States for disaster preparedness, hazard mitigation, and assistance for individuals and families adversely affected by a major disaster. Imposes new duties on FEMA under the Disaster Act, such as: (1) developing plans for providing Federal assistance, when requested, to affected States and establishing chains of command, Federal agency duties, and the relationship between them and those of the State and local governments and private relief agencies involved; (2) establishing respective systems for utilizing volunteers and managing donated goods in disasters and emergencies as well as disaster suport teams for use in areas where a major disaster or emergency is likely to be declared or has been declared; (3) issuing performance standards for ensuring State preparedness for major disasters and emergencies; (4) reviewing such State preparedness annually as well as the role of fire services in responding to such events; (5) inventorying resources available regionally to the Federal Government for post-disaster and -emergency use; and (6) ensuring that such regional inventories are made available to the Governor of each State in the region. Authorizes appropriations. (Sec. 4) Requires the Secretary of Defense to direct the Chief of the National Guard Bureau to review the role of the National Guard in responding to major disasters and emergencies and develop an interstate compact for the mutual use of National Guard assets across State borders during major disasters and emergencies. (Sec. 8) Repeals the limitation on the use of sliding scales. (Sec. 14) Requires that the Director of FEMA have appropriate experience in order to be appointed. Redesignates FEMA Regional Director positions as career reserved positions. Requires various specified positions to be subject to presidential appointment without Senate confirmation. (Sec. 15) Revises the Federal Civil Defense Act of 1950 to abolish the Federal Civil Defense Adminstration and vest in FEMA the Federal Government's responsibility for the civil defense of the United States (which includes Federal disaster preparedness, response, and recovery activities with respect to major and catastrophic disasters and emergencies). Grants FEMA the authority to delegate civil defense responsibilities to the the appropriate Federal departments and agencies, and review and coordinate the civil defense activities of such entities with each other and with the activities of the States and neighboring countries.
Bill· HRH.R. 3405 (103rd)referred
United States · United States Congress · 28 October 1993
Consultation Act of 1993 - Establishes the Standing Consultative Group within the Congress to facilitate improved interaction between the executive branch and the Congress with respect to the use of U.S. military force abroad.
Bill· SS. 1590 (103rd)referred
United States · United States Congress · 27 October 1993
Veterans Bill of Rights Act - Directs the Secretary of Veterans Affairs to take all necessary action to ensure that all rights and benefits provided under Federal law to qualified veterans are: (1) made available to veterans to the same extent in every State or geographic location; and (2) not denied on the basis of race, ethnicity, sex, religion, age, or geographic location.
Bill· SS. 1593 (103rd)referred
United States · United States Congress · 27 October 1993
Authorizes the Secretary of the Navy to transfer to the U.S. Navy Shipbuilding Museum in Quincy, Massachusetts, the obsolete heavy cruiser U.S.S. Salem, notwithstanding a required waiting period for such transfers.
Bill· HRH.R. 3381 (103rd)referred
United States · United States Congress · 27 October 1993
Declares that for a ten-year period specified electric power allocations provided by each Federal Power Marketing Administration shall be reserved for sale to preference entities that agree to use such power to promote economic development at a military installation that is either closed or selected for closure.
Law· HRH.R. 3378 (103rd)enacted
United States · United States Congress · 27 October 1993
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. Establishes as an affirmative defense that the defendant: (1) acted within the provisions of a valid court order granting custody or visitation rights obtained pursuant to the Uniform Child Custody Jurisdiction Act; (2) was fleeing domestic violence; and (3) had physical custody of the child pursuant to a court order, failed to return the child as a result of circumstances beyond his or her control, notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired, and returned the child as soon as possible. Expresses the sense of the Congress that procedures under the Hague Convention on the Civil Aspects of International Parental Child Abduction should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent. Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction.
Bill· HRH.R. 3383 (103rd)referred
United States · United States Congress · 27 October 1993
Directs the Secretary of Defense to establish a placement program to assist in providing employment with State and local law enforcement agencies for members of the armed forces involuntarily separated during the four years following enactment of this Act and having a military specialty, training, or experience related to law enforcement. Directs the Secretary to enter into agreements under which a State or local law enforcement agency agrees to train and employ an eligible participant for a minimum three-year period and the Secretary pays the State or local government the full amount of the officer's salary. Provides: (1) a priority for high crime areas; (2) for model placement agreements with the cities of Atlanta, Chicago, Los Angeles, and New York under the program; (3) a limit on the number of participants per State; (4) for the dissemination of information concerning the program as part of preseparation counseling; and (5) for special eligibility for persons already separated.
Bill· HRH.R. 3391 (103rd)referred
United States · United States Congress · 27 October 1993
Provides eligibility for burial in national cemeteries for a veteran's unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce.
Bill· HJRESH.J.Res. 284 (103rd)referred
United States · United States Congress · 27 October 1993
War Powers Amendments of 1993 - Amends the War Powers Resolution to permit the introduction of the armed forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated only: (1) pursuant to a declaration of war by the Congress; (2) in accordance with a specific statutory authorization; (3) to contend with an armed attack on the United States or the armed forces; or (4) under certain circumstances to protect U.S. nationals while evacuating them from a situation that threatens their lives or liberty. Prohibits the obligation or expenditure of funds for any such introduction of the armed forces except as described under this Act. Requires the President to consult with the Congress before the armed forces are introduced into hostilities and before they are introduced into the territory, airspace, or waters of a foreign country: (1) while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or (2) in which there are already armed forces equipped for combat if such introduction would substantially enlarge the number of armed forces equipped for combat or increase the military capabilities of such forces. Declares that the President must ask Members of Congress for their advice and opinions before the decision is made to introduce the armed forces in order to satisfy the consultation requirement. Directs the President, within 48 hours after the armed forces are introduced into hostilities or situations where imminent involvement in hostilities is clearly indicated, to report to the Speaker of the House and the president pro tempore of the Senate on: (1) the circumstances necessitating the introduction; (2) the constitutional and legislative authority under which the introduction took place; and (3) the estimated scope and duration of the hostilities or the involvement of the armed forces. Provides for continuing reports at least every six months. Prohibits funding for continued involvement of the armed forces 60 days after their introduction unless the Congress has provided specific statutory authorization and other conditions have been met. Sets forth expedited congressional procedures for the consideration of a privileged resolution authorizing the introduction of the armed forces into hostilities. Authorizes Members of Congress to bring actions for declaratory judgment and injunctive relief for failures by the President to comply with this resolution. Provides for removal of the armed forces from hostilities by court order if the court finds that this resolution has been violated.
Law· SS. 1587 (103rd)enacted
United States · United States Congress · 26 October 1993
TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Research and Development Subtitle D: Procurement Protests Subtitle E: Definitions and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Audit and Access to Records Subtitle D: Cost Accounting Standards Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality Subtitle F: Claims and Disputes Title III: Service Specific and Major Systems Statutes Subtitle A: Major Systems Statutes Subtitle B: Testing Statutes Subtitle C: Service Specific Laws Subtitle D: Department of Defense Commercial and Industrial Activities Subtitle E: Fuel- and Energy-Related Laws Subtitle F: Fiscal Statutes Subtitle G: Miscellaneous Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws Subtitle A: Simplified Acquisition Threshold Subtitle B: Socioeconomic and Small Business Laws Subtitle C: Miscellaneous Acquisition Laws Title V: Intellectual Property Subtitle A: Technology Transfer Subtitle B: Government Use of Private Patents, Copyrights, and Trade Secrets Title VI: Standards of Conduct Subtitle A: Ethics Provisions Subtitle B: Additional Amendments Title VII: Defense Trade and Cooperation Title VIII: Commercial Items Title IX: Effective Date Federal Acquisition Streamlining Act of 1993 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part 1: Armed Services Acquisitions - Amends the Competition in Contracting Act of 1984 (CICA) and other Federal procurement law with respect to subject agency (National Aeronautics and Space Administration, Coast Guard, Department of Defense (DOD), and respective military departments) procurement to revise: (1) competition requirements, with changes prohibiting purchase or contract class considerations by subject agencies in determining whether the exclusion of a particular source of covered items from competition in procurements to establish alternative sources of supply will result in reduced costs and increased competition or be in the interest of national defense; and (2) solicitation requirements, with changes requiring the head of a subject agency to include cost or price as a factor to be considered in evaluating competitive proposals and disclose certain information to offerors on the importance of other evaluation factors in relation to cost and price. (Sec. 1003) Revises certain qualifying circumstances for award of contracts between $100,000 and $1 million under noncompetitive procedures. Substitutes for approval of contracts between $1 million and $10 million, "head of the contracting activity" for "head of the procuring activity." (Sec. 1005) Repeals: (1) expiring authority for the Secretary of Defense (Secretary) to enter into master agreements and issue task orders and adds new authority for the head of a subject agency to enter into task and delivery order contracts; and (2) requirements for prior determination with respect to cost or incentive type contract use and for annual reports by DOD advocates for competition. (Sec. 1012) Relocates provisions concerning evaluation of purchase options and consolidates others for encouragement of competition and cost savings. (Sec. 1013) Requires: (1) notice to all offerors not awarded a contract within three days of the contract award; (2) debriefings providing certain basic information on the award to unsuccessful offerors, if requested within seven days after a competitive award; and (3) the head of the contracting activity, upon the request of an offeror, to establish, in protests to the Comptroller General (CG), a protest file affording the offeror reasonable access. (Sec. 1016) Authorizes the head of a subject agency to take certain actions, such as issuing a new solicitation or terminating the contract, if, in connection with a protest, a solicitation, proposed award, or award does not comply with the law. Part II: Civilian Agency Acquisitions - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make changes similar to those above with respect to civilian agencies. Part III: Acquisitions Generally - Repeals congressional reporting requirements on executive agency contract competition. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends provisions commonly referred to as the Truth in Negotiations Act (TINA) to revise cost or pricing data requirements to: (1) repeal the sunset date for the requirement that offerors submit cost or pricing data for prime contracts above the $500,000 threshold (thus making it permanent); and (2) make changes in exceptions to data submission requirements. (Sec. 1203) Requires a written determination to be made by the head of the subject agency before requiring the submission of cost or pricing data in cases where the acquisition is below the TINA threshold or one of the TINA exceptions applies. (Sec. 1204) Creates a new exception to the submission requirement for commercial item cost or pricing data that applies where competion is not practicable and the contracting officer obtains adequate data for evaluating the reasonableness of the contract price. (Sec. 1206) Provides for: (1) regulations concerning the types of information that must be submitted for the contracting officer to consider in determining price reasonableness when cost or pricing data are not required because the acquisition is not expected to exceed the $500,000 threshold; and (2) consistent time references with respect to when an agreement on the price of a prime contract is effective for purposes related to contract price reductions because of defective data. (Sec. 1208) Defines "subcontract" to include transfers of commercial items within a company to tie in with the new definition of commercial item under OFPPA added by title VIII of this Act. Part II: Civilian Agency Aquisitions - Amends FPASA to replace requirements governing submission of cost or pricing data and commercial pricing for supplies with requirements nearly identical to those under TINA (and the changes made above by this subtitle to TINA) governing submission of such data. Subtitle C: Research and Development - Revises research and development (R&D) authority of DOD and the military departments, repealing specified R&D milestone requirements with respect to certain defense research activities. (Sec. 1302) Consolidates the R&D authority of DOD and the military Subtitle D: Procurement Protests - Part I: Protests to the Comptroller General - Modifies CICA's procurement protest system, with various changes: (1) adding a new definition of "protest"; (2) establishing new time frames for certain actions by the CG and others with respect to protests; (3) allowing the CG, in protests, to recommend agency payment of interested party consultant and expert witness fees, in addition to attorneys' fees currently required; (4) requiring subject agencies to pay recommended amounts, limited (except with respect to small businesses) to appropriate rates under the Equal Access to Justice Act, or else report to the CG the reasons for failing to make such payment;(5) directing the CG to report to the Congress on agency implementation of CG recommendations; and (6) authorizing the CG to prescribe procedures for time frame calculations and electronic filings and dissemination under the system. Part II: Protests in the Federal Courts - Amends CICA and the Federal judicial code (FJC) to give the U.S. Court of Federal Claims Court) jurisdiction over protests. Part III: Protests in Procurements of Automatic Data Processing - Amends FPASA to: (1) authorize the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority after a contract is awarded whenthe award is connected with a violation of law; (2) require GSA's board of contract appeals (bard) to review, upon an interested party's request, any decision by a contracting officer alleged to have violated the law or the conditions of a delegated authority; and (3) change the time frames for final board decisions on protests and hearings for suspending procurement authority. (Sec. 1434) Authorizes dismissal of protests brought in bad faith and board ordered payment of additional specified administrative fees, as limited above under part I, to prevailing parties. (Sec. 1436) Requires public disclosuure of any settlement agreement providing for dismissal of a protest and involving an expenditure of appropriated funds. Requires agencies to make settlement payments from the judgment fund. (Sec. 1437) Makes changes conforming to those above under part II with regard to Federal court jurisdiction over protests. (Sec. 1438) Requires the board to adopt and issue appropriate rules and procedures for time frame calculations, electronic filings and disseminations, and sanctions for frivolous or bad faith protests or willful abuses of the board's process. (Sec. 1439) Adds to FPASA the new definition of "protest" added above under part I, as well as a definition of "prevailing party." (Sec. 1440) Requires the GSA Administrator to collect and compile data on procurement of automatic data processing equipment. Subtitle E: Definitions and Other Matters - Part I: Armed Services Acquisitions - Revises subject agency procurement law: (1) definitions, adding new terms such as "commercial item," "nondevelopmental item," and "simplified acquisition threshold" with cross references to the Office of Federal Procurement Policy Act (OFPPA); and (2) provisions on decisions, while retaining requirements on the form and retention of findings. (Sec. 1502) Consolidates provisions on delegation of procurement functions by the head of a subject agency. (Sec. 1504) Makes technical changes with respect to the limitation on undefinitized contractual actions by subject agencies. (Sec. 1505) Repeals DOD provisions on: (1) production special tooling and production special test equipment; and (2) independent price determination in certain contract solicitations. (Sec. 1506) Gives the Secretary of Defense authority to prescribe regulations on contract bids for a military department. Part II: Civilian Agency Acquisitions - Adds the new terms specified under part I above to FPASA's definitions with cross references to OFPPA. (Sec. 1552) Makes changes parallel to those above concerning procurement function delegation and decisions for civilian agencies. (Sec. 1554) Limits the use of undefinitized contractual actions by civilian agencies. (Sec. 1555) Repeals provisions on Internal Revenue Service procurement of expert and attorney services. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Reorganizes contract financing provisions for subject agencies, consolidating and eliminating those with regard to certain navy contracts which are redundant and obsolete, adding specific policy for contract financing, and revising conditions for progress payments. (Sec. 2002) Repeals DOD vouchering requirements. Part II: Civilian Agency Acquisitions - Makes similar organizational changes with respect to contract financing for executive agencies, adding provisions mirroring those for the military departments which concern action in case of fraud. Subtitle B: Cost Principles - Part I: Armed Services Acquisitions - Amends provisions on allowable contractor costs to: (1) revise congressional reporting requirements with regard to CG's evaluation of DOD's efforts under such provisions to guard against unallowable costs under defense contracts; and (2) raise the threshold for coverage under such provisions to $500,000. (Sec. 2102) Eliminates profit controls on defense contracts during periods of national emergencies. Part II: Civilian Agency Acquisitions - Amends FPASA to replace provisions for executive agencies on allowable contractor costs with provisions nearly identical to those for DOD amended in part I above (and the changes made by such amendments). Part III - Acquisitions Generally - Repeals OFPPA provisions on Government contractor travel expenses. Subtitle C: Audit and Access to Records - Part I: Armed Services Acquisitions - Consolidates and revises authority for subject agency examination of contractor records. Part II: Civilian Agency Acquisitions - Relocates and revises provisions under FPASA for executive agency examination of contractor records, replacing them with provisions nearly identical to those in part I above for subject agencies. Subtitle D: Cost Accounting Standards - Repeals an obsolete deadline under OFPPA for procedures governing actions of the Cost Accounting Standards Board, while retaining provisions authorizing their issuance. Subtitle E: Price, Delivery, and Product Quality - Part I: Armed Services Acquisitions - Repeals special qualification requirements for contractors on aircraft and ship spare parts contracts. (Sec. 2402) Specifies certain guidelines and procedures for inclusion in DOD regulations on contractor guarantees with regard to weapon systems. (Sec. 2403) Repeals army and air force procurement provisions regarding the delivery of subsistence supplies. Part II: Acquisitions Generally - Reorganizes the Anti-Assignment Act, making technical changes and expanding authority to prohibit setoffs against assignees. (Sec. 2452) Amends Federal law to repeal requirements for contract deposit with the General Accounting Office. Subtitle F: Claims and Disputes - Part I: Armed Services Acquisitions - Repeals DOD contract claim certification requirements already slated for repeal under the National Defense Authorization Act for Fiscal Year 1993. (Sec. 2501) Restricts future payment under law of subject agency contract claims. Part II: Acquisitions Generally - Amends FJC to revise provisions regarding Federal court jurisdiction over contract disputes. (Sec. 2552) Amends the Contract Disputes Act of 1978 to: (1) require contractor and Government claims to be submitted for resolution within six years after the event giving rise to the claim; (2) raise thresholds for contracting officer certifications, decisions, and notifications; (3) raise the maximum amount for the small claims procedure; (4) reduce the period for filing claim actions in Claims Court; and (5) provide that claims include certain requests, including those for equitable adjustments to contract terms. Title III: Service Specific and Major System Statutes- Subtitle A: Major Systems Statutes - Modifies requirements with regard to major defense acquisition programs for: (1) independent cost and manpower estimates; and (2) program baseline descriptions and deviation reporting. (Sec. 3003) Repeals the mandate for: (1) Defense Enterprise Programs; and (2) competitive prototyping and alternative sources in major programs. Subtitle B: Testing Statutes - Repeals testing requirements for wheeled or tracked vehicles. (Sec. 3012) Substitutes vulnerability testing requirements for survivability and lethality testing. Authorizes less-than-full-up testing for high-value systems. (Sec. 3013) Authorizes the Secretary to provide for alternative operational testing and evaluation of major programs under certain conditions. (Sec. 3014) Creates a new exception to low-rate initial production requirements for strategic defense missiles. Subtitle C: Service Specific Laws - Consolidates and revises provisions on: (1) DOD and military department mobilization of industry in time of war, procurement for experimental purposes, and acceptance of gratuitous services of reserve officers; (2) availability of DOD and military department materials, information, and services for R&D and testing purposes; (3) the civil reserve air fleet, adding provisions regarding the use of military installations by fleet contractors; and (4) naval vessel fitness and salvage operations. (Sec. 3024) Repeals: (1) duplicative general army and air force (A&A) procurement authority, and authority for production equipment procurement as well; (2) obsolete delegation authority with regard to army rations procurement, and authority for A&A to purchase certain subsistence supplies, obtain assistance from mapping agencies, and reclaim unserviceable ammunition; and (3) various authority and requirements with respect to navy vessels, obsolete navy provisions on guided missiles, and authority for the Secretary of the Navy to provide contractors with relief from losses caused by enemy action and to sell degassing equipment. (Sec. 3034) Authorizes the international exchange of scientific personnel. Subtitle D: Department of Defense Commercial and Industrial Activities - Consolidates and revises authority for having supplies needed by DOD or the military departments made in U.S.-owned factories and arsenals. (Sec. 3052) Repeals requirements on DOD for accounting procedures for contracted advisory and assistance services. Codifies requirements for a separate consulting service category in the national budget. Subtitle E: Fuel- and Energy-Related Laws - Consolidates and revises provisions on contracts for storage, handling, and distribution of liquid fuels, including natural gas under the coverage of such provisions, among other changes. (Sec. 3062) Modifies provisions on DOD acquisition of petroleum, including natural gas under the coverage of such provisions, broadening the Secretary's exchange authority, and adding sales authority. Subtitle F: Fiscal Statutes - Gives DOD the authority to designate disbursing officers within DOD. Subtitle G: Miscellaneous - Amends obligation of funds provisions on production, warehousing, and distribution of supplies, removing certain restrictions. (Sec. 3082) Repeals provisions on aviation encouragement, product evaluation, and milk procurement. (Sec. 3085) Codifies limitations on subject agency vessel, aircraft, and vehicle leases, with modifications. Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws - Subtitle A: Simplified Acquisition Threshold - Part I: Establishment of Threshold - Amends OFPPA to establish a new simplified acquisition threshold (SAT) of $100,000, replacing the current small purchase threshold, for use also under the Small Business Act (SBA). Part II: Simplification of Procedures - Requires simplified procedures under the Federal Acquisition Regulation (FAR) for acquisitions under SAT. (Sec. 4013) Amends OFPPA and SBA to: (1) provide for continuation of existing notice thresholds for procurements over $25,000 (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders in excess of SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000. Part III: Inapplicability of Laws to Acquisitions Not in Excess of Simplified Acquisition Threshold - Amends OFPPA loc suplyto authorize FAR to waive the applicability of future-enacted procurement laws on a class basis for contracts below SAT, unless the provision expressly prohibits such waiver. (Sec. 4031) Exempts: (1) subject agency contracts below SAT from contingent fees certifications, prohibitions on limiting subcontractor direct sales and doing business with certain subcontractors, and requirements for audits, supplier and supply source identification, and use of U.S. vessels for supply transportation; (2) civilian agency contracts below SAT from similar requirements; (3) prime contracts below SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and (4) contracts below SAT from provisions commonly referred to as the Miller Act (MA), the Contract Work Hours and Safety Standards Act, the Drug-Free Workplace Act of 1988, and requirements under the Merchant Marine Act, 1936 to ship on American-Flag commercial vessels. Requires FAR to provide alternatives to payment bonds as payment protections for suppliers of labor and materials on certain contracts under MA. Part IV: Conforming Amendments - Makes certain conforming amendments with respect to armed services and civilian agency acquisitions. Part V: Revision of Regulations - Requires the Federal Acquisition Regulatory Council to review FAR to identify and amend, as appropriate, regulations applicable to acquisitions below SAT. (Sec. 4081) Requires agency heads to take similar action with respect to applicable supplemental regulations, policies, and procedures. Subtitle B: Socioeconomic and Small Business Laws - Exempts contracts for constructing, altering, furnishing, or equipping naval vessels from the Davis-Bacon Act (DBA) or the Service Contract Act of 1965, unless the President determines that it is in the interest of national defense to subject them. (Sec. 4102) Repeals: (1) obsolete reporting requirements under the Trade Agreements Act of 1979 pertaining to procurement of products produced in labor surplus areas; and (2) the Walsh-Healey Act (WHA), other than for certain definitional purposes. Repeals redundant requirements under FPASA regarding DBA and WHA applicability. Prohibits any Federal agency from purchasing any prisoner-made goods whose transportation in interstate commerce or importation is prohibited under Federal criminal laws. Exempts prison goods contracts below SAT from such prohibition. (Sec. 4103) Amends SBA to allow Federal agencies to contract directly with a socially and economically disadvantaged small business, rather than indirectly through the Small Business Administration, unless the business objects. Subtitle C: Miscellaneous Armed Services Acquisition Laws - Repeals several obsolete laws relating to procurement of naval aircraft and components. (Sec. 4152) Prohibits the use of appropriated funds to assist DOD contractors in preparing any material, report, list, or analysis on the economic effect of certain acquisition programs in particular States or congressional districts. (Sec. 4153) States that it is the policy of Congress that no legislation should be enacted that requires subject and civilian agency procurements to be made from a specified non-Federal source, unless the law identifies the non-Federal source involved and states that the procurement is required in contravention of such policy. Title V: Intellectual Property - Subtitle A: Technology Transfer - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to address: (1) copyright protection for computer programs prepared by Federal employees, including those employees working under a cooperative R&D agreement; (2) use of copyrighted works of the Federal Government; and (3) distribution of royalties received by Federal agencies. (Sec. 5004) Amends Federal copyright law to conform to the changes made above with respect to the treatment of copyrighted works. Subtitle B: Government Use of Private Patents, Copyrights and Trade Secrets - Requires the issuance of regulations regarding the circumstances under which a contracting officer may withhold authorization or consent for a contractor to violate private patents in the performance of a contract. Prohibits any injunction from being issued for a violation of a patent right that occurs in the performance of a Federal contract. (Sec. 5012) Repeals navy provisions regarding the purchase of patents, patent applications, and licenses. Authorizes funds appropriated for military departments for purchasing supplies to be used to acquire: (1) technical data and computer software; and (2) releases for unauthorized use of such items. Title VI: Standards of Conduct - Subtitle A: Ethics Provisions - Revises OFPPA procurement integrity recusal, certification, training, and revolving door ban provisions, and adds rules of construction, harmonizes gratuities provisions with Government-wide ethics provisions, and makes changes in definitions under OFPPA's procurement integrity provisions. (Sec. 6002) Amends Federal criminal code financial interest provisions to cover persons who aid or abet violations. (Sec. 6003) Repeals several superseded and obsolete procurement ethics laws, including conflict of interest provisions in the Department of Energy Organization Act. Subtitle B: Additional Amendments - Amends OFPPA to prohibit the use of consultants to conduct evaluations or analyses of any aspect of an acquisition proposal if qualified Federal employees are available for the job. (Sec. 6051) Requires the FAR Council to review Federal regulations on use of advisory and assistance services and provide Federal agencies with appropriate guidance for determining whether expertise is available before contracting for such services to conduct acquisitions. (Sec. 6052) Repeals obsolete requirements for studies and a report on the extent of competition in the award of subcontracts by Federal prime contractors. (Sec. 6053) Doubles the waiting period required before significant changes proposed for acquisition regulations take effect, unless there are compelling circumstances for an earlier effective date. Title VII: Defense Trade and Cooperation - Repeals obsolete and redundant Buy American Act (BAA) provisions, and provisions under the Trade Agreements Act of 1970 relating to studies of BAA waivers. (Sec. 7002) Amends DOD provisions concerning defense memoranda of understanding and related agreements to replace references to such terms with International Cooperative Agreements and to expand the authorized scope of such agreements to cover logistics support. Repeals navy provisions for suspension of construction in case of treaty. (Sec. 7003) Provides for limited waiver of restrictions on accrued reimbursable liabilities and credits for contingency operations. Authorizes the Secretary to furnish or receive communications support and related supplies on a reciprocal basis for a period not to exceed 90 days: (1) in order to meet emerging operational requirements; or (2) incident to a joint military exercise with the allied country. Title VIII: Commercial Items - Amends OFPPA to add new definitions of "commercial item," "nondevelopmental item," "component," and "commercial component." (Sec. 8002) Creates a preference for executive agency acquisition of commercial and other nondevelopmental items. Repeals DOD provisions creating a preference for the acquisition of nondevelopmental items. (Sec. 8003) Requires FAR to include: (1) uniform contract clauses for commercial item and component contracts; (2) requirements pertaining to market acceptance and the use of warranties, firm, fixed price contracts for commercial items, and past performance of items and sources as a factor in awarding contracts; and (3) provisions to permit reliance on existing quality assurance systems for commercial items. Repeals DOD provisions for acquisition of commercial and nondevelopmental items. (Sec. 8004) Authorizes waiver on a class basis in FAR of the applicability of future enacted procurement laws to contracts and subcontracts for the acquisition of commercial items. (Sec. 8005) Provides for exemptions from requirements similar to those above under part III of subtitle A of title IV of this Act with respect to subject and civilian agency contracts for commercial items, and from requirements under the Federal Aviation Act of 1958, Federal Water Pollution Control Act, Clean Air Act, and OFPPA's procurement integrity certification provisions. (Sec. 8006) Amends OFPPA to authorize greater flexibility in setting deadlines for the submission of offers in contracts for the purchase of commercial items. (Sec. 8007) Establishes in the Office of Federal Procurement Policy the Advocate for Acquisition of Commercial and Nondevelopmental Items (replacing the current Advocate for the Acquisition of Commercial Products) for monitoring agency compliance with preference requirements and other duties regarding the acquisition of commercial and other nondevelopmental items. Gives agency competition advocates the added responsibility of promoting the acquisition of commercial and other nondevelopmental items. (Sec. 8009) Requires a CG review of Federal market research use for a report to the Congress. Title IX: Effective Date - Provides that the amendments made by this Act are effective upon enactment, except as otherwise provided.
Bill· SS. 1581 (103rd)referred
United States · United States Congress · 25 October 1993
TABLE OF CONTENTS: Title I: Increase in the Number of Trained Law Enforcement Personnel Subtitle A: Rapid Deployment Strike Force Subtitle B: Federal-State Anti-Drug and Anti-Violence Task Forces Subtitle C: Police Corps Program Subtitle D: Law Enforcement Scholarship and Employment Program Subtitle E: Job Training and Placement for Separated Members of the Armed Forces Title II: Studies Subtitle A: Commission on Crime and Violence Subtitle B: Use of Antiloitering Laws to Fight Crime Title III: Violent and Habitual Offenders Subtitle A: Serious Habitual Offender Comprehensive Action Program Subtitle B: Federal Law Enforcement Assistance Grants Title IV: Prisons Subtitle A: Prison for Violent Drug Offenders Subtitle B: Task Force on Prison Construction Standardization and Techniques Title V: Violent Crime and Drug Emergency Areas Violent Crime Reduction Act of 1993 - Title I: Increase in the Number of Trained Law Enforcement Personnel - Subtitle A: Rapid Deployment Strike Force - Directs the Attorney General to establish in the Federal Bureau of Investigation (FBI) a Rapid Deployment Force (RDF), which shall be made available to assist units of local government in combatting crime. Requires the RDF to be headed by a Deputy Assistant Director of the FBI and comprised of approximately 2,500 Federal law enforcement officers with training and experience in the investigation of violent and drug-related crime, criminal gangs, and juvenile delinquency and in community action to prevent crime. (Sec. 102) Authorizes the Deputy Assistant Director, upon application of the Governor of a State and the chief executive officer of the affected local government and upon finding that criminal activity in a particular jurisdiction is being exacerbated by the interstate flow of drugs, guns, and criminals, to deploy on a temporary basis an RDF unit to assist State and local law enforcement agencies in the investigation of criminal activity. Sets forth provisions regarding application requirements, conditions of deployment, and deputization of RDF members. (Sec. 104) Authorizes appropriations. Subtitle B: Federal-State Anti-Drug and Anti-Violence Task Forces - Authorizes appropriations for the support and expansion of Federal-State anti-drug and anti-violence task forces participated in by the FBI, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, and Firearms, and U.S. Attorneys Offices with State and local law enforcement agencies and prosecutors for the purposes of: (1) enhancing interagency coordination of activities in the provision of intelligence information; (2) facilitating multijurisdictional investigations; and (3) aiding in the investigation, arrest, and prosecution of drug traffickers and violent criminals. Subtitle C: Police Corps Program - Requires a State that desires to participate in the Police Corps program (established pursuant to this Act) to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. (Sec. 124) Establishes within the Department of Justice (DOJ) an Office of the Police Corps to be headed by a Director. (Sec. 125) Authorizes the Director to award scholarships to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training. Sets forth provisions regarding: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. (Sec. 127) Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such centers and to meet certain performance standards in order to remain in the program. Requires the Director to pay participants a weekly stipend during training. (Sec. 129) Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. (Sec. 129A) Sets forth provisions regarding: (1) assistance to States and localities employing Police Corps officers; (2) the swearing in of participants and members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force; and (3) layoffs. (Sec. 129C) Authorizes appropriations. Subtitle D: Law Enforcement Scholarship and Employment Program - Sets forth requirements regarding designation of a lead agency and submission of a State plan which are analogous to those under the Police Corps program. (Sec. 135) Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the costs of: (1) awarding scholarships to in-service law enforcement personnel for further education; and (2) providing full-time employment in the summer or part-time employment for a period not to exceed one year. (Sec. 138) Sets forth State and individual application requirements. Grants priority in awarding scholarships to persons who are members of underrepresented groups, are pursuing an undergraduate degree, and are not receiving financial assistance under the Higher Education Act of 1965. (Sec. 139A) Requires each scholarship recipient to work in a law enforcement position in the State for a period of one month for each credit hour for which funds are received under the scholarship (with a six-month minimum and two-year maximum). (Sec. 139C) Authorizes appropriations. Subtitle E: Job Training and Placement for Separated Members of the Armed Forces - Amends the Job Training Partnership Act (JTPA) to require the Secretary of Veterans Affairs to enter into an interagency agreement with the Directors of the FBI and the National Institute of Justice (NIJ) under which the FBI and NIJ will develop and operate, on a reimbursable basis, a training program to assist eligible separated members of the armed forces in obtaining the training necessary to become law enforcement personnel. Sets forth provisions regarding the selection and number of participants, the content of the training program, and job placement assistance. Authorizes appropriations. (Sec. 142) Amends the JTPA to require the Secretary to offer to enter into a cooperative agreement with the National Center for Housing Management under which the Center will develop and operate a training program to assist eligible separated members of the armed forces in obtaining the training necessary to become managers and employees in public housing agencies and organizations that manage housing projects for such agencies. Sets forth provisions regarding the selection and number of participants, the content of the training program, the use of experts, evaluations, and job placement assistance. Authorizes appropriations. Title II: Studies - Subtitle A: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to: (1) review all segments of the criminal justice system and the effectiveness of traditional criminal justice approaches in preventing and controlling crime and violence; (2) examine the impact that changes to Federal and State law during the past 25 years have had in controlling crime and violence; (3) convene hearings in various parts of the country to receive testimony from a cross-section of criminal justice professionals, victims of crime, and others; (4) bring to public attention successful models and programs in crime prevention, control, and antiviolence; and (5) develop a comprehensive and effective crime control and antiviolence strategy and recommend how to implement such a strategy in a coordinated fashion by Federal, State, and local authorities. Subtitle B: Use of Antiloitering Laws to Fight Crime - Directs the Attorney General to: (1) study ways in which antiloitering laws can be used, without violating the constitutional rights of citizens, to eradicate open-air drug markets and other blatant criminal activity; (2) prepare a model antiloitering statute and guidelines for enforcing it to prevent, deter, and punish illegal drug and other criminal activity; and (3) make the results of the study and the model statute and guidelines available to Federal, State, and local law enforcement authorities. Title III: Violent and Habitual Offenders - Subtitle A: Serious Habitual Offender Comprehensive Action Program - Directs the Attorney General, using specified funds appropriated under the Juvenile Justice and Delinquency Prevention Act of 1974, to continue the funding of new demonstration projects in the Serious Habitual Offenders Comprehensive Action Program during FY 1995 through 1997. Subtitle B: Federal Law Enforcement Assistance Grants - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) require States to impose a mandatory sentence of 20 years' imprisonment without possibility of probation, parole, or any other form of early release for a firearm offense committed by a career criminal (i.e., a person with three or more convictions under Federal or State law for crimes of violence) in order to avoid a 50 percent reduction of drug control and system improvement grant funds (to be reallocated equally among States in compliance); and (2) permit the use of such grants for programs designed to keep victims informed concerning the status of cases against offenders and to provide victims advance notification of the release of alleged offenders prior to conviction and of convicted offenders at the conclusion of their terms of imprisonment or on probation, parole, or any other form of release. Title IV: Prisons - Subtitle A: Prison for Violent Drug Offenders - Directs the Attorney General to construct and operate ten regional prisons in which eligible prisoners shall participate in a drug treatment program under conditions established by the Director of National Drug Control Policy. Requires the Director to choose former military facilities as locations for such prisons. Sets forth provisions regarding: (1) goals in prisoner selection; (2) postrelease treatment; (3) payment of costs; and (4) prisoner eligibility (including return of prisoners not in compliance with the conditions for participation in a drug treatment program). Authorizes appropriations. Subtitle B: Task Force on Prison Construction Standardization and Techniques - Requires the Director of the Bureau of Prisons to establish a task force composed of experts in prison design and construction to: (1) establish and recommend standardized construction plans and techniques for prison construction and to evaluate and recommend new construction technologies, techniques, and materials to reduce prison construction costs and make such construction more efficient; (2) disseminate such information to State and local officials involved in prison construction; and (3) work to promote the implementation of, evaluate and advise on the results and effectiveness of, and certify the effectiveness of, cost-saving efforts at the Federal, State, and local levels. Title V: Violent Crime and Drug Emergency Areas - Authorizes the President to declare a State or part of a State to be a violent crime or drug emergency area and to provide emergency Federal assistance to protect property, public health, and safety. Specifies that requests for declaration of an emergency must be made in writing by the chief executive officer of a State or local government and that the President must act on the request within 30 days. Authorizes the President to direct any Federal agency to utilize its resources in support of State and local assistance efforts and to provide technical and advisory assistance to meet any such emergency. Limits assistance under this title.
Resolution· HCONRESH.Con.Res. 170 (103rd)open
United States · United States Congress · 22 October 1993
Declares that the Congress finds that U.S. armed forces in Somalia are engaged in hostilities without a declaration of war or specific statutory authorization. Directs the President, pursuant to the War Powers Resolution, to remove the armed forces from Somalia by January 31, 1994.
Bill· SS. 1578 (103rd)referred
United States · United States Congress · 21 October 1993
Intelligence Authorization Process Adjustment Act - Amends the National Security Act of 1947 to require the Director of Central Intelligence, the Secretary of Defense, or the Attorney General, as appropriate, to notify the appropriate congressional committees of the intent to use for intelligence activities funds appropriated for an intelligence activity: (1) in excess of the amount specifically authorized by the Congress for such activity; or (2) in the absence of an amount specifically authorized for such activity.
Bill· HRH.R. 3336 (103rd)open
United States · United States Congress · 21 October 1993
Amends the Federal criminal code to require the court, in the case of a conviction for a Federal violent felony, to sentence the defendant to life imprisonment if the defendant has previously been convicted of two other violent felonies. Specifies that this provision shall not be construed to prevent the imposition of the death penalty. Requires the Secretary of Defense and the Attorney General to study all military installations selected before the enactment of this Act to be closed pursuant to a base closure law to: (1) evaluate the suitability of any of these military installations, or portions thereof, for conversion into Federal prison facilities; and (2) identify three of them that are most suitable for such conversion. Directs the Secretary to transfer, without reimbursment, jurisdiction over the three installations to the Attorney General for conversion into Federal prison facilities designed to incarcerate persons convicted of a Federal violent felony. Authorizes the Attorney General to accept transfers, upon a space available basis, from overcrowded State prisons of persons previously convicted of a Federal violent felony or who are serving a sentence of more than 20 years.
Law· HRH.R. 3341 (103rd)enacted
United States · United States Congress · 21 October 1993
Increases from $200 to $400 the monthly special pension payable to persons named to the Medal of Honor Roll.
Bill· HRH.R. 3340 (103rd)open
United States · United States Congress · 21 October 1993
TABLE OF CONTENTS: Title I: Compensation and DIC Rate Increases Title II: Benefits for Unremarried Surviving Spouses Title III: Cost Savings Provision Veterans' Benefits Amendments of 1993 - Title I: Compensation and DIC Rate Increases - Increases, as of December 1, 1993, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult veterans, dependency and indemnity compensation (DIC) for surviving spouses and children, and supplemental DIC for disabled adult children. Title II: Benefits for Unremarried Surviving Souses - Provides, as of December 1, 1994 a special monthly death gratuity pension eligibility and national cemetery burial eligibility for a veteran's unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce. Title III: Cost Savings Provision - States that the FY 1995 cost of living adjustments to the rates of compensation payable under title I of this Act will be limited to the percentage increase in the benefits provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act as of December 1, 1994.
Bill· HRH.R. 3334 (103rd)referred
United States · United States Congress · 21 October 1993
Prohibits funds appropriated or otherwise available to the Department of Defense from being obligated or expended for activities of any element of the armed forces that is placed under the operational control of a foreign national acting on behalf of the United Nations (UN), unless the President certifies to the Congress that such operational control is necessary to protect vital U.S. national security interests. Requires a follow-up report from the President to the Congress within ten days after such a certification. Provides an exception to such prohibition in the case of: (1) fewer than 100 members of the armed forces in any one country; (2) activities of the armed forces in Somalia as part of the (UN) operation designed as the UN Peacekeeping Operation in Somalia II; or (3) activities of the armed forces I Macedonia as part of the UN force designated as the UN Protection Force.
Bill· HRH.R. 3338 (103rd)referred
United States · United States Congress · 21 October 1993
Repeals the requirement that the Under Secretary for Health in the Department of Veterans Affairs be a doctor of medicine with demonstrated ability in the medical profession.
Bill· HRH.R. 3320 (103rd)open
United States · United States Congress · 20 October 1993
TABLE OF CONTENTS: Title I: Admission of Immigrants Title II: Admission of Refugees Title III: Asylum Reform Title IV: Criminal Aliens Title V: Financial Responsibility Title VI: Employer Sanctions Title VII: Border Security Title VIII: Alien Smuggling Title IX: Local Cooperation Title X: Citizenship Immigration Stabilization Act of 1993 - Title I: Admission of Immigrants - Amends the Immigration and Nationality Act (Act) with respect to: (1) immigration levels; (2) visa allotment; and (3) petition approval. Title II: Admission of Refugees - Limits nonemergency refugee admissions in any fiscal year to 50,000. Title III: Asylum Reform - Amends provisions with respect to: (1) alien inspection and exclusion by immigration officers; (2) asylum; and (3) judicial review. Title IV: Criminal Aliens - Expands the definition of "aggravated felony." (Sec. 402) Provides for the expedited deportation of certain nonpermanent resident aliens convicted of an aggravated felony. (Sec. 403) Authorizes judicial deportation for an alien convicted of a felony. (Sec. 404) Increases penalties for reentry or failure to depart. (Sec. 406) Authorizes the deportation of an alien prisoner prior to sentence completion under specified circumstances. (Sec. 407) Amends Federal criminal law to require the issuance of a judicial order of deportation in the case of an alien being sentenced for an aggravated felony. (Sec. 408) Authorizes Federal incarceration and deportation of certain State-convicted aliens. (Sec. 409) Amends Federal criminal law to increase penalties for specified visa and passport related crimes. (Sec. 410) Requires State or local law enforcement agencies to notify the district Immigration and Naturalization Service Office upon the felony arrest of an alien. Title V: Financial Responsibility - Authorizes the admission of an alien otherwise excludable as a public charge (as defined by this Act) if such alien has a sponsor guarantee of financial responsibility. (Sec. 503) Limits benefits, including unemployment benefits, for illegal aliens Title VI: Employer Sanctions - Revises employer sanction provisions, including: (1) work eligibility documents; and (2) social security telephone verification. Title VII: Border Security - Increases Border Patrol personnel levels. Establishes: (1) a border crossing fee; and (2) a Border Control Trust Fund. (Sec. 704) Amends the Act to establish increased penalties or a required pilot program for international carriers that bring in more than specified numbers of undocumented aliens. Title VIII: Alien Smuggling - Directs the Secretary of State to enter into cooperative foreign arrangements to prevent the unlawful entry of aliens into the United States. (Sec. 802) Directs the Secretary of Defense to instruct the Coast Guard with respect to preventing the illegal entry of aliens into the United States by sea. (Sec. 803) Amends Federal criminal law to bring specified alien related activities under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 804) Increases alien smuggling penalties. (Sec. 805) Expands forfeiture provisions for smuggling or harboring aliens. (Sec. 806) Amends Federal criminal law to authorize wiretaps for alien smuggling investigations. Title IX: Local Cooperation - Prohibits specified Federal program assistance to States or local entities that do not use the SAVE system to verify an alien applicant's immigration status. Title X: Citizenship - Makes it unlawful (and establishes penalties) for a noncitizen to vote in a Federal or State election.
Bill· HRH.R. 3319 (103rd)referred
United States · United States Congress · 20 October 1993
Prohibits funds appropriated or otherwise available to the Department of Defense from being obligated or expended for activities of any element of the armed forces that is under the operational control of a foreign national acting on behalf of the United Nations, unless the President certifies to the Congress that such operational control is necessary to protect vital U.S. national security interests. Requires a follow-up report from the President to the Congress within ten days after such a certification. Provides an exception to such prohibition in the case of elements involving fewer than 100 members of the armed forces in any one country.
Law· HRH.R. 3313 (103rd)enacted
United States · United States Congress · 19 October 1993
TABLE OF CONTENTS: Title I: Women Veterans Health Improvements Title II: Care for Veterans Exposed to Toxic Substances Title III: Readjustment Services Title IV: Services for Mentally Ill Veterans Veterans Health Improvements Act of 1993 - Title I: Women Veterans Health Improvements - Women Veterans Health Improvements Act of 1993 - Directs the Secretary of Veterans Affairs to ensure that each Department of Veterans Affairs health care facility is able to provide in a timely and appropriate manner all authorized health care services to women veterans. Requires the provision of direct Department care (rather than by contract or other agreement) for women veterans in an area in which the number of such veterans makes it cost effective to do so. Extends the requirement for, and adds to the information required in, an annual report concerning women veterans health care and research. Prohibits mammograms from being performed at a Department facility unless it is accredited by a private nonprofit organization designated by the Secretary. Directs the Secretary to prescribe mammogram quality assurance and control standards and to perform periodic inspections of Department mammogram equipment and facilities. Requires application of such standards to non-Department facilities or providers under contract with the Department. Requires the Secretary, in conducting or supporting clinical research, to ensure that women and minority veterans are included as subjects in such research. Extends through 1998 the authority for the provision of sexual trauma counseling to women veterans. Requires with respect to such counseling: (1) the availability of a toll-free telephone number; (2) appropriate training to Department personnel who provide counseling assistance; and (3) a report to the Congress on the operation of the telephone assistance service. Amends the Veterans Health Care Act of 1992 to require each coordinator of women's services to serve on a full-time basis. Requires such coordinators to be fully able to carry out their responsibilities and to provide women veterans with equal access to Department facilities. Directs the Secretary to: (1) conduct a survey to identify deficiencies relating to women patient privacy in Department medical centers; (2) correct any such deficiencies; and (3) report to the Congress. Title II: Care for Veterans Exposed to Toxic Substances - Extends eligibility for hospital, nursing home, or outpatient medical care through the Department of Veterans Affairs to: (1) a veteran who may have been exposed to a herbicide agent while serving on active duty in Vietnam during the Vietnam era if the National Academy of Sciences has, in a report issued under the Agent Orange Act of 1991, made specified determinations regarding an association between exposure to a herbicide agent and occurrence of the veteran's disease; and (2) a radiation-exposed veteran if the Secretary of Veterans Affairs, based on advice of the Advisory Committee on Environmental Hazards, determines that there is credible evidence of a positive association between exposure to ionizing radiation and the veteran's disease. Terminates eligibility for herbicide-exposed veterans under this Act after September 30, 1996. Title III: Readjustment Services - Authorizes the Secretary to furnish counseling in a vet center to assist any veteran who served in combat during World War II or the Korean conflict in overcoming the effects of such combat experience. Requires a report. Establishes in the Department the Advisory Committee on Veterans Readjustment Counseling to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires reports. Directs the Secretary to report to specified congressional committees a plan for the expansion of the Vietnam Veteran Resource Centers program. Title IV: Services for Mentally Ill Veterans - Authorizes the Secretary to establish at any Veterans Health Administration facility a nonprofit corporation to: (1) arrange for therapeutic work for patients of such facility or other Department facilities; and (2) provide a funding mechanism to achieve such purposes. Outlines provisions concerning: (1) the establishment of a board of directors for each such corporation; (2) the deposit of excess corporation funds; (3) annual reports by the corporation and the Secretary; (4) a prohibition against the establishment of such corporations after FY 1999; and (5) required recognition of such corporation within four years as a tax-exempt organization under Internal Revenue Service rules. Extends through FY 1998 (currently 1994) the Department compensated work therapy and therapeutic transitional housing demonstration program. Removes the 50-residence limit under the housing program, increasing such amount for each of FY 1994 through 1998. Directs the Secretary to establish a Special Committee on Care of Severely Chronically Mentally Ill Veterans to carry out a continual assessment of the Department's ability to meet the treatment and rehabilitation needs of severely, chronically mentally ill veterans and to provide appropriate advice and recommendations after such assessment. Requires annual reports.
Bill· HRH.R. 3300 (103rd)open
United States · United States Congress · 19 October 1993
Natural Resource Management on Military Lands Act of 1993 - Amends the Act of September 15, 1960 (Sikes Act) to direct (current law authorizes) the Secretary of Defense to carry out a program of wildlife, fish, and game conservation on each U.S. military installation. Requires an integrated natural resources management plan to be included in each program. Requires the plan to address the needs for fish and wildlife management, land management, forest management, and wildlife-oriented recreation. Requires an opportunity for public comment on each plan prepared. Requires certain reviews and reports by the Secretary with respect to such plans. Directs the Secretary of the Interior to: (1) monitor the implementation of each integrated natural resource management plan of the Department of Defense; (2) conduct investigations of alleged plan violations; (3) report violations; and (4) enter into agreements specifying appropriate measures to remedy any violation or failure to implement the plan. Requires the Secretary to report annually to the Congress on plan violations. Requires the Secretary of each military department to ensure that sufficient numbers of trained natural resources management and law enforcement personnel are available and assigned to perform tasks necessary to ensure plan compliance. Extends through FY 1998 the authorization of appropriations for natural resources conservation programs on military installations, as well as equivalent programs on other public lands.
Bill· HRH.R. 3315 (103rd)open
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.
Bill· HRH.R. 3308 (103rd)referred
United States · United States Congress · 19 October 1993
Authorizes the provision of loans guaranteed by the Department of Veterans Affairs to veterans for the purpose of purchasing residential property in a cooperative housing project if such cooperative is approved by the Secretary of Veterans Affairs.
Bill· HRH.R. 3303 (103rd)open
United States · United States Congress · 19 October 1993
American Shipyard Worker Protection Act - Prohibits the Secretary of the Navy from contracting with a shipyard outside the United States for long-term scheduled maintenance work on a naval vessel unless the Secretary of Defense certifies to the appropriate congressional committees in advance that there is a compelling economic reason for doing so.
Bill· SS. 1562 (103rd)referred
United States · United States Congress · 18 October 1993
Uniformed Services University of the Health Sciences Termination and Deficit Reduction Act of 1993 - Terminates the Uniformed Services University of the Health Sciences.
Bill· SS. 1549 (103rd)open
United States · United States Congress · 15 October 1993
Authorizes the Secretary of the Interior to: (1) utilize the resources of the Presidio unit of the Golden Gate National Recreation Area, California, to provide for and support programs and activities that foster research, education and demonstration projects concerning the environment, international affairs, cultural understanding, health, and science; (2) negotiate and enter into leases, as appropriate, with any private or government entity for the use of any property within the Presidio in accordance with the Area's General Management Plan or the Act establishing the Area; (3) negotiate and enter into leases or other appropriate agreements with any Federal agency to house the agency's employees who are engaged in activities or programs at the Presidio; and (4) enter into interagency permitting agreements or other appropriate agreements with the Secretary of Defense and the Administrator of the Federal Emergency Management Agency and leases with the Red Cross to house their activities and employees at the Presidio. Requires the Secretary to establish competitive bidding procedures to be used for the issuance of such leases. Authorizes the Secretary to enter into cooperative agreements and permits for purposes of such Area.
Bill· SS. 1550 (103rd)referred
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.
Bill· SS. 1551 (103rd)referred
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.
Bill· HRH.R. 3293 (103rd)open
United States · United States Congress · 15 October 1993
Prohibits the imposition of additional charges or fees for attendance at the U.S. Military, Naval, Air Force, Coast Guard, or Merchant Marine Academies, unless such charge or fee is specifically authorized by law.
Bill· HRH.R. 3295 (103rd)referred
United States · United States Congress · 15 October 1993
Disaster Response and Recovery Act of 1993 - Amends The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Disaster Act) and other specified Federal law to establish a new framework for governing the Federal Government's and State and local governments' preparedness for, response to, and recovery from, major disasters, emergencies, and terrorist attacks and coordination among such entities (including private relief agencies) in responding to such events through a reorganization of operations of the Federal Emergency Management Agency (FEMA). (Sec. 3) Defines "catastrophic disaster." (Sec. 4) Transfers to the FEMA Director certain authority granted to the President under the Disaster Act, such as the authority to make grants to States for disaster preparedness, hazard mitigation, and assistance for individuals and families adversely affected by a major disaster. Imposes new duties on FEMA under the Disaster Act, such as: (1) developing plans for providing Federal assistance, when requested, to affected States and establishing chains of command, Federal agency duties, and the relationship between them and those of the State and local governments and private relief agencies involved; (2) establishing respective systems for utilizing volunteers and managing donated goods in disasters and emergencies as well as disaster support teams for use in areas where a major disaster or emergency is likely to be declared or has been declared; (3) issuing performance standards for ensuring State preparedness for major disasters and emergencies; (4) reviewing such State preparedness annually as well as the role of fire services in responding to such events; (5) inventorying resources available regionally to the Federal Government for post-disaster and -emergency use; and (6) ensuring that such regional inventories are made available to the Governor of each State in the region. Authorizes appropriations. (Sec. 4) Requires the Secretary of Defense to direct the Chief of the National Guard Bureau to review the role of the National Guard in responding to major disasters and emergencies and develop an interstate compact for the mutual use of National Guard assets across State borders during major disasters and emergencies. (Sec. 8) Repeals the limitation on the use of sliding scales. (Sec. 13) Authorizes FEMA to make disaster loans and allow Federal agencies to take any necessary actions to prepare to provide Federal assistance to State and local governments and disaster victims when events are determined to indicate that an emergency or major disaster is likely to be declared. (Sec. 15) Requires that the Director of FEMA have appropriate experience in order to be appointed. Redesignates FEMA Regional Director positions as career reserved positions. Requires various specified positions to be subject to presidential appointment without State confirmation. (Sec. 16) Revises the Federal Civil Defense Act of 1950 to abolish the Federal Civil Defense Adminstration and vest in FEMA the Federal Government's responsibility for the civil defense of the United States (which includes Federal disaster preparedness, response, and recovery activities with respect to major and catastrophic disasters and emergencies). Grants FEMA the authority to delegate civil defense responsibilities to the appropriate Federal departments and agencies, and review and coordinate the civil defense activities of such entities with each other and with the activities of the States and neighboring countries.