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Bill· HRH.R. 3690 (103rd)referred
United States · United States Congress · 22 November 1993
Permits development assistance to be provided to a governmental or nongovernmental organization only if the organization: (1) provides assurances that it will provide assistance only to individuals or organizations located in countries with governments that promote an open political process with free and fair elections, adhere to the rule of law, respect individual rights, and do not engage in human rights violations; (2) has an adequate system of financial auditing and accounting procedures applicable to such assistance; and (3) provides assurances that no more than ten percent of the assistance allocated for any program or activity will be used by a recipient for administrative costs. Authorizes the President to waive the requirements applicable to governments if he certifies to the Congress that a government is making substantial progress toward meeting the requirements. Bars development assistance to an organization for a five-year period if the inspector general of the agency primarily responsible for administering development assistance under the Foreign Assistance Act of 1961 determines that the organization has used funds in a manner inconsistent with the purpose for which the funds were provided.
Bill· HJRESH.J.Res. 298 (103rd)referred
United States · United States Congress · 19 November 1993
Constitutional Amendment - Establishes a four-year term of office for the House of Representatives to begin at noon on the third day of January of the year in which the term of office of the President begins. Limits a Representative to three terms and a Senator to two terms.
Bill· SS. 1677 (103rd)open
United States · United States Congress · 18 November 1993
Code of Conduct on Arms Transfers Act of 1993 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen in free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms by annually reporting to the Register the number and type of conventional weapons possessed by, and transferred to and from, the country during the preceding year. Authorizes an exemption from such prohibition for a fiscal year if: (1) the President requests an exemption from the Congress stating that it is in the national security interest to provide military assistance and arms transfers to a government; and (2) the Congress enacts a law approving such request. Requires the President to submit initial certifications and requests for exemptions in conjunction with the submission of the annual request for enactment of authorizations and appropriations for foreign assistance. Expresses the sense of the Congress that the House Foreign Affairs Committee and the Senate Foreign Relations Committee should hold hearings on controversial certifications and all requests for exemptions.
Bill· HRH.R. 3538 (103rd)open
United States · United States Congress · 18 November 1993
Code of Conduct on Arms Transfers Act of 1993 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen in free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms by annually reporting to the Register the number and type of conventional weapons possessed by, and transferred to and from, the country during the preceding year. Authorizes an exemption from such prohibition for a fiscal year if: (1) the President requests an exemption from the Congress stating that it is in the national security interest to provide military assistance and arms transfers to a government; and (2) the Congress enacts a law approving such request. Requires the President to submit initial certifications and requests for exemptions in conjunction with the submission of the annual request for enactment of authorizations and appropriations for foreign assistance. Expresses the sense of the Congress that the House Foreign Affairs Committee and the Senate Foreign Relations Committee should hold hearings on controversial certifications and all requests for exemptions.
Bill· SJRESS.J.Res. 148 (103rd)referred
United States · United States Congress · 27 October 1993
Constitutional Amendment - Prohibits the Federal Government from requiring States or local governments to take any action that requires them to engage in additional or expanded activities or services, unless they receive from the Federal Government compensation equal to the net additional costs. Waives provisions of this Act during a fiscal emergency of up to 180 days that is declared in a joint resolution adopted by a two-thirds vote of each House of Congress and signed by the President.
Bill· HJRESH.J.Res. 282 (103rd)referred
United States · United States Congress · 26 October 1993
Constitutional Amendment - Prohibits the Congress from enacting any laws effectively requiring any State or local government to expend non-Federal funds to comply with such laws unless they are reimbursed for doing so.
Bill· HRH.R. 3330 (103rd)referred
United States · United States Congress · 21 October 1993
Civil Rights Crimes Act of 1993 - Amends the Federal criminal code to prescribe penalties for: (1) intentionally engaging in conduct under color of law, and thereby depriving a person of a right, privilege, or immunity secured or protected by the Constitution or laws of the United States; or (2) intentionally injuring, oppressing, threatening, or intimidating another person because the other person exercised such a right, privilege, or immunity. Declares that, under the provisions amended by this Act, no state of mind need be proven.
Bill· HRH.R. 3331 (103rd)referred
United States · United States Congress · 21 October 1993
Civil Rights Protection Act of 1993 - Makes any unit of State or local government liable to the injured party and to the United States for conduct of the unit's employee that subjects, under color of law, any person to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States, regardless of whether the employee is personally liable and whether the employee had a reasonable belief in the lawfulness of the conduct. Exempts conduct which is entitled to absolute immunity. Authorizes: (1) with consent of the injured party, civil suit by the United States against the governmental unit to establish liability under this Act; (2) compensatory damages to the injured party; and (3) punitive damages to the injured party, the United States, or both. Establishes a time limit for initiation of actions under this Act.
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· HJRESH.J.Res. 277 (103rd)referred
United States · United States Congress · 14 October 1993
Constitutional Amendment - Prohibits a person from serving in the U.S. Government in the following positions, either individually or cumulatively, for more than 12 years: (1) President of the United States; (2) Vice-President of the United States; (3) member of the President's Cabinet; (4) Member of Congress; (5) a position within the District of Columbia or a contiguous area for which appointment by the President is required, by and with the advice and consent of the Senate; and (6) Justice of the Supreme Court.
Bill· HJRESH.J.Res. 273 (103rd)open
United States · United States Congress · 6 October 1993
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts. Authorizes waiver of these provisions in time of war.
Resolution· HRESH.Res. 257 (103rd)referred
United States · United States Congress · 27 September 1993
Sets forth the rule for the consideration of H.J. Res. 38 (congressional terms of office constitutional amendment).
Bill· HRH.R. 3131 (103rd)open
United States · United States Congress · 23 September 1993
TABLE OF CONTENTS: Title I: Public Safety and Policing Title II: Death Penalty Title III: Habeas Corpus Reform Title IV: Coerced Confessions Title V: Firearms Subtitle A: Brady Handgun Violence Prevention Act Subtitle B: Gun Crime Penalties Title VI: Youth Violence Subtitle A: General Subtitle B: Criminal Street Gangs Subtitle C: Certainty of Punishment for Young Offenders Subtitle D: Juvenile Drug Trafficking and Gang Prevention Grants Title VII: Terrorism Subtitle A: Maritime Navigation and Fixed Platforms Subtitle B: General Provisions Title VIII: Sexual Violence and Child Abuse Subtitle A: Sexual Abuse Subtitle B: Child Protection Subtitle C: Crimes Against Children Title IX: Crime Victims Title X: State and Local Law Enforcement Subtitle A: Safer Streets and Neighborhoods Subtitle B: DNA Identification Subtitle C: Department of Justice Community Substances Abuse Prevention Subtitle D: Drug Testing of Arrested Individuals Subtitle E: Racial and Ethnic Bias Study Grants Title XI: Provisions Relating to Police Officers Subtitle A: Law Enforcement Relating to Police Officers Subtitle B: Police Pattern or Practice Subtitle C: Police Corps and Law Enforcement Officers Subtitle D: Study Rights of Police Officers Title XII: Grant Program for State Prisons Title XIII: Federal Prisons Subtitle A: General Subtitle B: Drug Testing Subtitle C: Enhanced Penalties for Drugs in Federal Prisons Subtitle D: Drug Treatment in Federal Prisons Subtitle E: Studies Title XIV: Rural Crime Subtitle A: Fighting Drug Trafficking in Rural Areas Subtitle B: Drug Free Truck Stops and Safety Rest Areas Title XV: Drug Control Subtitle A: Drug Emergency Areas Subtitle B: Precursor Chemicals Subtitle C: General Provisions Title XVI: Drunk Driving Provisions Title XVII: Commissions Subtitle A: Commission on Crime and Violence Subtitle B: National Commission to Study the Causes of the Demand for Drugs in the United States Subtitle C: National Commission to Support Law Enforcement Title XVIII: Motor Vehicle Theft Prevention Title XIX: Protections for the Elderly Title XX: Consumer Protection Title XXI: Sentencing Provisions Title XXII: Computer Cime Title XXIII: International Parental Kidnapping Title XXIV: Safe Schools Title XXV: Financial Institutions Fraud Prosecutions Title XXVI: White Collar Crime Amendments Title XXVII: Gambling Title XXVIII: Bail Posting Reporting Title XXIX: General Increased Penalty Provisions Title XXX: Miscellaneous Title XXXI: Technical Corrections Violent Crime Control and Law Enforcement Act of 1993 - Title I: Public Safety and Policing - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Attorney General to make grants and provide technical assistance to units of State and local government, and to other public and private entities, to increase police presence (including the rehiring of law enforcement officers laid off as a result of State and local budget reductions, as well as the hiring of new, additional career law enforcement officers, for deployment in community-oriented policing), expand and improve cooperative efforts between law enforcement agencies (LEAs) and members of the community, and otherwise enhance public safety. Sets forth matching fund, application, and related requirements. Authorizes appropriations. Title II: Death Penalty - Amends the Federal criminal code to provide for imposition of the death penalty for various offenses, including: (1) murder by a Federal prisoner; (2) civil rights murders; (3) drive-by shootings and carjackings resulting in death; (4) foreign murder of U.S. nationals; (5) rape and child molestation murders; (6) gun murders during Federal crimes of violence and drug trafficking crimes; and (7) murder of Federal witnesses. (Sec. 201) Sets forth procedures for the imposition, implementation, and review of such sentence. Limits mitigating factors (such as impaired capacity, duress, minor participation, and victim's consent) and aggravating factors (such as previous conviction of a violent felony involving a firearm, previous conviction of other serious offenses, vulnerability of victim, and continuing criminal enterprise involving drug sales to minors, and previous conviction of sexual assault or child molestation). Requires a special hearing to determine whether a death sentence is justified. Directs the court to instruct the jury not to consider the race, color, religious beliefs, national origin, or sex of the defendant or of any victim. Prohibits the execution of a woman while she is pregnant and of a person who is mentally retarded. Title III: Habeas Corpus Reform - Amends the Federal judicial code to impose a 180-day limitations period for the filing of Federal habeas corpus petitions, applicable in both capital and non-capital cases in which the State has offered the petitioner counsel for State post-conviction review, which begins from the time the petitioner's conviction becomes final on State direct review. Tolls such period while the petitioner pursues State post-conviction remedies, unless the petitioner fails to initiate post-conviction review within 270 days in capital cases or 180 days in non-capital cases. Provides for a one-time 60-day extension of the period upon a showing of good cause. (Sec. 302) Provides an automatic stay of execution in capital cases through the consideration of the first Federal habeas corpus petition. Permits a stay of execution to be granted thereafter only if the petition on its face satisfies the requirements for successive petitions. (Sec. 303) Prohibits a Federal court from announcing or applying a new rule to grant relief to a habeas corpus petitioner, except where the new rule places a class of individual conduct beyond the power of the criminal lawmaking authority to proscribe or prohibits the imposition of a certain type of punishment for a class of persons because of their status or offense, or constitutes a watershed rule of criminal procedure implicating the fundamental fairness and accuracy of the criminal proceeding. Codifies case law providing for an independent Federal habeas corpus review of claims under Federal law, except for fourth amendment exclusionary rule claims. Specifies that the State bears the burden of proving harmless error in Federal habeas corpus review of State criminal convictions. (Sec. 304) Allows a prisoner to bring a second or subsequent petition only upon a showing of cause for not having brought the claim before and prejudice if the claim is not heard. (Sec. 306) Sets standards and procedures for the provision of counsel for indigent defendants. Requires each State in which a sentence of death may be imposed to establish a State counsel certification authority, comprised of members of the State's criminal defense bar, to recruit, train, monitor, and support attorneys involved at all stages of capital litigation. (Sec. 307) Amends the Omnibus Act to require the Director of the Bureau of Justice Assistance (BJA) to make grants to States to help fund the provision of defense counsel. Authorizes: (1) Federal grants of up to 75 percent of the additional costs imposed by the new counsel requirements during the first three years following enactment of this title and 50 percent thereafter; and (2) grants for the prosecution of Federal habeas corpus cases in an amount equal to that allocated to capital resource centers. Title IV: Coerced Confessions - Specifies that the admission into evidence of a coerced confession (i.e., one elicited in violation of the fifth or fourteenth amendments to the Constitution) shall not be considered harmless error. Title V: Firearms - Subtitle A: Brady Handgun Violence Prevention Act - Amends the Federal criminal code to provide for a five (business) day waiting period for the purchase of a handgun. Sets forth: (1) interim procedures (pending the establishment of a national instant criminal background check system) for checking with the chief law enforcement officer of the place of residence of the purchaser as to whether the purchaser has a criminal record or whether there is any other legal impediment to such individual's receiving a handgun; and (2) permanent procedures for conducting criminal background checks. Sets penalties for violations. (Sec. 502) Directs the Attorney General to establish a national instant criminal background check system that any licensee may contact for information on whether receipt of a firearm by a prospective purchaser would violate specified legal provisions. Provides for the correction of erroneous information in the system. (Sec. 503) Permits the use of formula grants under the Omnibus Act for improvements in State criminal records. Authorizes appropriations. Sets forth provisions with respect to the withholding of State and Department of Justice (DOJ) funds for failure to meet set deadlines. Subtitle B: Gun Crime Penalties - Directs the U.S. Sentencing Commission to amend its sentencing guidelines to enhance the penalty for: (1) use of a semiautomatic firearm during a crime of violence or a drug trafficking crime; (2) a second offense of using an explosive to commit a Federal felony; (3) use of a firearm in the commission of counterfeiting or forgery; and (4) firearms possession by violent felons and serious drug offenders. (Sec. 506) Prohibits and sets penalties for: (1) smuggling firearms in aid of drug trafficking; (2) theft of firearms and explosives; (3) the transfer of firearms to a nonresident of a State, except for lawful sporting purposes; (4) conspiracies to commit firearms and explosives crimes; and (5) the distribution of explosives to a person who is legally disqualified from having the explosives. (Sec. 508) Increases the penalty for: (1) knowingly making a false, material statement in connection with the acquisition of a firearm from a licensed dealer; and (2) interstate gun trafficking. Title VI: Youth Violence - Subtitle A: General - Amends the Controlled Substances Act (CSA) to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. (Sec. 602) Amends the Federal criminal code to prohibit a juvenile from being transferred to adult prosecution or a hearing from being held under section 5037 (disposition after a finding of juvenile delinquency) until any prior juvenile records have been received by the court or other specified conditions are met. (Sec. 603) Amends the Omnibus Act to authorize grants for bindover systems for the prosecution of 16- and 17-year-olds as adults for certain violent crimes (first- and second-degree murder, attempted murder, armed robbery with a firearm, aggravated battery or assault with a firearm, criminal sexual penetration when armed with a firearm, and drive-by shooting). Subtitle B: Criminal Street Gangs - Amends the Federal criminal code to provide for imprisonment of up to ten years for a gang member or person acting on behalf of a criminal street gang who commits a Federal drug or violent crime offense and who has had a prior drug or violent crime conviction, with the penalty to run consecutively to any other sentence imposed Subtitle C: Certainty of Punishment for Young Offenders - Amends the Omnibus Act to authorize the Director of the BJA to make grants to States for the purpose of developing alternative methods of punishment for young offenders to traditional forms of incarceration and probation. Authorizes appropriations. Subtitle D: Juvenile Drug Trafficking and Gang Prevention Grants - Amends the Omnibus Act to authorize the Director of the BJA to make grants for programs to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Authorizes appropriations. Title VII: Terrorism - Subtitle A: Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to prohibit and set penalties for the seizure of a ship or fixed platform by force, an act of violence against a person aboard, damage or destruction, or the injuring or killing of a person in connection with such activities. Provides the death penalty where death results. Subtitle B: General Provisions - Provides the death penalty where death results from the use of a weapon of mass destruction. (Sec. 705) Extends: (1) special maritime and territorial jurisdiction to offenses committed by or against a U.S. national during a voyage on a foreign vessel scheduled to depart from or arrive in the United States; and (2) the statute of limitations to ten years for certain terrorist offenses. (Sec. 706) Provides: (1) the death penalty for the commission of torture outside the United States and for the killing of a U.S. national outside the country; (2) the Federal Bureau of Investigation (FBI) with access to telephone subscriber information if the Director or Deputy Assistant Director certifies that such information is relevant to a foreign counterintelligence investigation and that it pertains to an agent of a foreign power; and (3) criminal penalties for willful violations of airport or airline security regulations. (Sec. 709) Prohibits: (1) acts of terrorism at U.S. international airports (and provides the death penalty where death results); and (2) counterfeiting U.S. currency abroad. Enhances penalties for any felony that involves or is intended to promote international terrorism. (Sec. 713) Amends the Immigration and Nationality Act to authorize the Attorney General to grant a nonimmigrant visa to an alien who possesses critical information about a criminal organization and whose presence in the United States is essential to an investigation or prosecution of such organization; and (2) the Federal criminal code to set penalties for those who provide material support to terrorists. Title VIII: Sexual Violence and Child Abuse - Subtitle A: Sexual Abuse - Amends the Federal criminal code to include within the definition of "sexual act" the intentional touching, not through the clothing, of the genitalia of another person who has not attained age 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. Subtitle B: Child Protection - Provides for the establishment of a national background check system whereby child care organizations can determine whether prospective employees have histories of child abuse or other serious crimes. Requires State to have at least 80 percent currency of crime cases in their systems within three years. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to begin a study of child abusers' criminal records. (Sec. 806) Amends the Omnibus Act to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this subtitle. Subtitle C: Crimes Against Children Registration - Directs the Attorney General to establish guidelines for State programs requiring any person convicted of a criminal offense against a victim who is a minor to register a current address with a designated State LEA for ten yeas after release from prison, or being placed on parole or supervised release. Subjects to criminal penalties a person required to register under a State program who knowingly fails to register and keep such registration current. (Sec. 808) Specifies that the allocation of BJA grant funds (under the Omnibus Act) received by a State not complying with provisions of this Act three years after its enactment shall be reduced by ten percent, with the unallocated funds to be reallocated to the States in compliance with this Act. Title IX: Crime Victims - Amends the Victims of Crime Act of 1984 to: (1) specify the amounts available for grants under certain sections of the Act; and (2) provide that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal, or federally financed State or local, program would otherwise pay, such victim compensation program shall not pay such compensation and the other program shall make its payments without regard to the existence of the crime victim compensation program. (Sec. 903) Amends Rule 32 of the Federal Rules of Criminal Procedure to give victims of violent crimes and sexual abuse the right to address the court concerning the sentence to be imposed on convicted offenders. Permits such right to be exercised by a parent or guardian if the victim is under 18, or by one or more family members if the victim is deceased or incapacitated. (Sec. 904) Directs the Attorney General and the Secretary of Health and Human Services to report to specified congressional committees on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of the syndrome has been admitted as evidence of guilt or as a defense in criminal trials. Title X: State and Local Law Enforcement - Subtitle A: Safer Streets and Neighborhoods - Continues the current Federal-State funding formula for grants under title I of the Omnibus Act. (Sec. 1002) Amends such Act to authorize the Director of the BJA to make grants to, or enter into contracts with, non-Federal public or private agencies, institutions, or organizations to carry out specified purposes of the Act (current law does not specify "non-Federal"), effective October 1, 1994. Subtitle B: DNA Identification - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Authorizes appropriations. (Sec. 1004) Requires the Director of the FBI to appoint an advisory board on DNA quality assurance methods and issue standards for quality assurance. Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, and of analyses of DNA samples recovered from crime scenes and from unidentified human remains. (Sec. 1006) Sets forth proficiency testing and privacy protection requirements, and penalties for violations. (Sec. 1007) Authorizes appropriations. Subtitle C: Department of Justice Community Substances Abuse Prevention - Amends the Omnibus Act to authorize the Attorney General to make grants to eligible coalitions to develop and implement substance abuse prevention programs, with the efforts of such coalitions involving substantial community participation. Grants priority to communities providing evidence of significant abuse. Authorizes appropriations. Subtitle D: Drug Testing of Arrested Individuals - Amends the Omnibus Act to authorize the Director of the BJA to make grants to States for the purpose of developing, implementing, or continuing a drug testing project when individuals are arrested and during the pretrial period. Authorizes appropriations. Subtitle E: Racial and Ethnic Bias Study Grants - Authorizes the Attorney General to make grants to States that have established, by State law or the court of last resort, plans for analyzing the role of race in their criminal justice systems. Requires State plans to include recommendations designed to correct any findings of racial and ethnic bias. Authorizes appropriations. Title XI: Provisions Relating to Police Officers - Subtitle A: Law Enforcement Family Support - Amends the Omnibus Act to: (1) require the Director of the BJA to establish guidelines and oversee the implementation of family-friendly policies in law enforcement divisions of DOJ, identify model programs that provide support to law enforcement families, and provide technical assistance for stress reduction and family support efforts by State and local LEAs; and (2) authorize the Director to make grants to States and local LEAs and organizations representing State or local law enforcement personnel to provide family support services to law enforcement personnel. Authorizes appropriations. Subtitle B: Police Pattern or Practice - Prohibits any governmental authority, or any agent or person acting on behalf of such authority, from engaging in a pattern or practice of conduct by law enforcement officers that deprives persons of their constitutional or Federal rights. Authorizes the Attorney General to bring a civil action against such officers to eliminate such practices. (Sec. 1104) Directs the Attorney General to acquire data about the use of excessive force by law enforcement officers. Subtitle C: Police Corps and Law Enforcement Officers Scholarship Programs - Chapter 1: Community Police Corps Initiatives - Authorizes the Attorney General to make grants for up to ten Community Police Corps Programs in which participants can receive scholarships of not more than $5,000 annually times the number of years in the educational institution's regular program in exchange for a commensurate period of work with a State or local police force upon graduation. Authorizes appropriations. Permits up to ten percent of grant funds to be awarded to law enforcement officers currently employed by the jurisdiction, and who are assigned to community-oriented policing or who exercise supervisory or training roles in relation to such officers, for college or post-graduate work. Chapter 2: Law Enforcement Scholarship Program - Requires the Director of the BJA to provide scholarships for in-service law enforcement personnel who seek further education, allotting 80 percent of funds based on the relative number of law enforcement officers per State and 20 percent based on the relative shortage of officers. Provides grants for summer jobs or part-time jobs during the year for high school students interested in law enforcement careers. Authorizes appropriations. Subtitle D: Study Rights of Police Officers - Directs the Attorney General to conduct a study of the procedures followed in internal, noncriminal investigations of State and local law enforcement officers to determine if such investigations are conducted fairly and effectively. Title XII: Grant Programs for State Prisons - Amends the Omnibus Act to authorize the Director of the BJA to make grants to States for residential substance abuse treatment programs in State correctional facilities, as well as those in which inmates are incarcerated for a time sufficient to permit substance abuse treatment. Authorizes appropriations. Title XIII: Federal Prisons - Subtitle A: General - Amends the Federal criminal code to: (1) prohibit the Bureau of Prisons from considering the social or economic status of a prisoner in designating such prisoner's place of imprisonment; and (2) require that any submission of legislation by the judicial or executive branch that might affect prison populations be accompanied by an impact statement (and requires the Attorney General to prepare and transmit to the Congress annual prison impact assessments). (Sec. 1303) Requires notice to State and local law enforcement authorities concerning the release or relocation to their areas of Federal offenders under post-release supervision at least five days prior to such release or relocation, with respect to prisoners convicted of drug trafficking and violent crimes. (Sec. 1304) Deems references to supervised release, in the case of prisoners convicted of offenses committed prior to November 1, 1987, to be references to probation or parole. Subtitle B: Drug Testing - Requires the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of Federal offenders on post-conviction release. Subtitle C: Enhanced Penalties for Drugs in Federal Prisons - Provides for enhanced penalties for drug trafficking and illegal drug use in Federal prisons. Subtitle D: Drug Treatment in Federal Prisons - Establishes a schedule for the Bureau of Prisons to place all eligible prisoners into residential substance abuse treatment programs for between nine and 12 months, in facilities separate from the general prison population. Specifies that prisoners who successfully complete such programs could be released up to a year early. Authorizes appropriations. Subtitle E: Studies - Requires the National Institute of Justice to study: (1) the feasibility of establishing an information clearinghouse to facilitate the interstate transfer of prisoners to facilities near their families; (2) the recidivism rates of persons who were under the influence of alcohol at the time they committed their crimes, comparing recividism rates of those who participated in a residential treatment program while in custody with those who did not; and (3) the use of alcohol, alone or in combination with other drugs, as a factor in criminal activity. Title XIV: Rural Crime - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. (Sec. 1402) Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. (Sec. 1403) Authorizes the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. (Sec. 1404) Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Drug Free Truck Stops and Safety Rest Areas - Amends the CSA to enhance penalties for drug distribution at or near truck stops and safety rest areas. Title XV: Drug Control - Subtitle A: Drug Emergency Areas - Amends the National Narcotics Leadership Act of 1988 to authorize the President to declare a State, or part thereof, a drug emergency area, to take all necessary actions to save lives and protect property, public health, and safety, and to make grants aggregating $25 million for any single major drug-related emergency. Requires grant money to be divided equally between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Permits the President to direct any Federal agency to utilize its resources to assist State anti-drug efforts. Authorizes appropriations. Subtitle B: Precursor Chemicals - Amends the CSA to impose registration requirements for precursor chemicals. (Sec. 1504) Requires manufacturers to submit annual reports concerning listed chemicals manufactured during the year. (Sec. 1505) Amends the Controlled Substances Import and Export Act to: (1) subject brokers and traders to the same recordkeeping and reporting requirements for international transactions, and the same criminal penalties, as exporters; and (2) authorize the Attorney General to require that the 15-day advance notice requirement with respect to the importation and exportation of listed chemicals apply to all exports of specific listed chemicals to specified countries, regardless of the status of certain customers in such countries as regular customers, if necessary to support effective diversion control programs or as required by treaty; and (3) establish criminal penalties for attempting to evade reporting requirements and for smuggling listed drugs. (Sec. 1509) Grants the Attorney General the same inspection authority for listed chemicals as presently exists with respect to controlled substances. (Sec. 1511) Makes it a felony to violate the Solid Waste Disposal Act in the handling of chemicals used to illegally manufacture a controlled substance. Requires that violators be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the costs of restoring property damaged by exposure to such chemical. Subtitle C: General Provisions - Prohibits and sets penalties for: (1) drug dealing in or near public housing authority facilities; (2) a physical trainer or adviser who tries to persuade an individual to use anabolic steroids; and (3) advertising which aims to illegally solicit or sell drugs. (Sec. 1518) Enhances penalties for drug dealing in "drug-free zones." (Sec. 1519) Includes among the long-term goals of the National Drug Control Strategy making drug treatment available to all who need it. Title XVI: Drunk Driving Provisions - Amends the Federal criminal code to provide supplementary prison terms and fine authorizations in cases where drunk driving endangers or injures a person under age 18. (Sec. 1602) Expresses the sense of the Congress that in determining child custody and visitation rights the courts should consider the history of drunk driving of anyone involved in the determination. Title XVII: Commissions - Subtitle A: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to develop a comprehensive crime control plan for the 1990's. Subtitle B: National Commission to Study the Causes of the Demand for Drugs in the United States - Establishes a National Commission to Study the Causes of the Demand for Drugs in the United States. Subtitle C: National Commission to Support Law Enforcement - Establishes a National Commission to Support Law Enforcement. Title XVIII: Motor Vehicle Theft Prevention - Directs the Attorney General to develop a national voluntary motor vehicle theft prevention program which would involve placing identifiable decals on the vehicles of consenting owners, whereby such vehicles could then be stopped by law enforcement officers upon a reasonable suspicion that the vehicles were not being operated by or with the consent of their owners. (Sec. 1802) Prohibits and sets penalties for tampering with the decals, with exceptions. Title XIX: Protections for the Elderly - Directs the Attorney General to make grants in support of programs to protect and locate missing patients with Alzheimer's disease and related dementias. Authorizes appropriations. (Sec. 1902) Directs the Sentencing Commission to ensure that the sentences for those convicted of crimes of violence against elderly victims be sufficiently stringent to deter such crimes, protect the public from additional crimes of such a defendant, and provide enhanced penalties under specified criteria. Title XX: Consumer Protection - Amends the Federal criminal code to set penalties for insurance industry crimes, including embezzling from insurance companies, making false entries in insurance company books with intent to deceive, and corruptly influencing or obstructing proceedings before State insurance regulatory agencies or insurance examiners. Prohibits persons convicted of criminal felonies involving dishonesty or breach of trust from engaging in the insurance business without the written consent of an insurance regulatory official authorized to regulate the insurer. (Sec. 2002) Consumer Protection Against Credit Card Fraud Act of 1993 - Prohibits the sale of credit cards without credit card company authorization, fraudulent receipt of payments via credit card for goods never received or inferior to those promised, and laundering to credit card receipts. (Sec. 2003) Extends the mail fraud statute to include mail sent by private interstate carriers. Title XXI: Sentencing Provisions - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission. (Sec. 2103) Sets forth provisions regarding mandatory revocation of probation and of supervised release after imprisonment for possession of a controlled substance or firearm, or for refusal to comply with drug testing. (Sec. 2105) Permits concurrent sentencing of a defendant to imprisonment and probation for petty offenses. Title XXII: Computer Crime - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of any individual. Makes it a misdemeanor to recklessly transmit a destructive computer program or code. Creates a civil cause of action for persons suffering damage or loss by virtue of a violation of this title. Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Title XXIII: International Parental Kidnapping - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. (Sec. 2302) Authorizes appropriations to carry out under the State Justice Institute Act of 1984 national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Title XXIV: Safe Schools - Amends the Omnibus Act to: (1) authorize the Director of the BJA to make grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence; and (2) require the Director to develop a written safe schools model in English and in Spanish and make such model available to any such agency that requests it. Authorizes appropriations. Title XXV: Financial Institutions Fraud Prosecutions - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to disqualify certain persons with criminal records from participating in the affairs of insured depository institutions and credit unions. Title XXVI: White Collar Crime Amendments - Establishes penalties for knowingly receiving the proceeds of: (1) extortion; (2) a kidnapping; and (3) a postal robbery. (Sec. 2603) Extends the prohibition against obstructing civil investigative demands to include obstruction in racketeering and false claims investigations. Title XXVII: Gambling - Sets forth provisions regarding the scope of the prohibition on gambling on ships in international waters. Grants a State gaming enforcement office located within a State Attorney General's office access to FBI criminal history record information for licensing purposes. Title XXVIII: Bail Posting Reporting - Illegal Drug Profits Act of 1991 (sic) - Requires State and Federal criminal court clerks to report to the Internal Revenue Service and prosecutors the name and taxpayer identification number of anyone accused of a drug, money laundering, or racketeering crime who posts cash bail exceeding $10,000. Title XXIX: General Increased Penalty Provision - Increases penalties for assault: (1) of Federal officers, foreign officials, and official guests and internationally protected persons; (2) within a maritime and territorial jurisdiction; and (3) of the President, presidential staff, congressional leaders, cabinet officials, and Supreme Court justices. (Sec. 2902) Increases the maximum penalties for voluntary and involuntary manslaughter. (Sec. 2903) Increases penalties for: (1) conspiracy to commit murder for hire; (2) trafficking in counterfeit goods and services; and (3) Travel Act violations. (Sec. 2906) Broadens the scope and increases the penalties for conspiracies to deprive persons of their civil rights. Title XXX: Miscellaneous - Extends the protection of the criminal civil rights statute to any person in a State. (Currently, the statute only covers a State "inhabitants.") (Sec. 3003) Directs the Attorney General to: (1) require State and local LEAs to annually audit and detail the uses and expenses to which forfeiture funds were dedicated and the amount used for each use or expense; and (2) report to the Congress on the administrative and contracting expense paid from the DOJ Assets Forfeiture Fund. (Sec. 3005) Creates an optional venue in the District of Columbia for espionage and related offenses regarding the gathering, transmitting, losing, or delivering of defense information. (Sec. 3007) Prohibits: (1) the disclosure of information obtained through wiretapping or electronic surveillance with the intent to obstruct a criminal investigation; (2) the theft of major art works from museums; (3) misuse of the words "Drug Enforcement Administration" or the initials "DEA"; and (4) attempted robbery, kidnapping, smuggling, and property damage offenses. (Sec. 3010) Permits trials by a magistrate judge in petty offense cases involving juveniles. Title XXXI: Technical Corrections - Makes technical corrections to various criminal law provisions.
Resolution· HCONRESH.Con.Res. 152 (103rd)referred
United States · United States Congress · 23 September 1993
Expresses the sense of the Congress that: (1) the United States should support the process of nonviolent democratic reform in Vietnam; (2) the Secretary of State should declare U.S. support for the democratization of Vietnam and reaffirm that progress on the POW/MIA issue is critical to normalizing economic and diplomatic relations; (3) the administration should take the lead in mobilizing the United Nations and other groups to work toward promoting human rights, the rule of law, and free and democratic elections in Vietnam; and (4) the United States should increase its support for Voice of America programming in Vietnam.
Bill· HJRESH.J.Res. 263 (103rd)referred
United States · United States Congress · 21 September 1993
Constitutional Amendment - Provides for a runoff election if no candidates for President and Vice President receive more than 50 percent of the popular vote nationally.
Bill· SS. 1467 (103rd)open
United States · United States Congress · 16 September 1993
TABLE OF CONTENTS: Title I: Reform of Foreign Assistance Policies and Programs Title II: Bilateral Economic and Development Assistance Title III: Security Assistance Title IV: Multilateral Assistance Part A: International Development Association Part B: Asian Development Fund Part C: Global Environment Facility Part D: European Bank for Reconstruction and Development Part E: Other Provisions Title V: Regional Provisions Part A: Provisions Relating to Sub-Saharan Africa Part B: Provisions Relating to East Asia and the Pacific Part C: Provisions Relating to Europe and the Former Soviet Union Part D: Provisions Relating to the Middle East Part E: Provisions Relating to Latin America Title VI: Bosnia and Hercegovina Self-Defense Act of 1993 Title VII: South African Democratic Transition Support Act of 1993 Title VIII: General Provisions Title IX: Effective Date Foreign Assistance Act of 1993 - Title I: Reform of Foreign Assistance Policies and Programs - Amends the Foreign Assistance Act of 1961 to revise provisions concerning U.S. policy on foreign assistance. (Sec. 102) Requires the President to submit to the Congress a plan for comprehensive reform of U.S. foreign assistance programs and of the agency primarily responsible for administering development assistance. Sets forth immediate reform actions to be taken by the President, including: (1) establishing criteria for the closure or termination of agency field offices or programs; and (2) reducing by 20 percent, by the end of FY 1994, the number of countries in which such agency has either a field presence or programs. Expresses the sense of the Congress that private and voluntary organizations participating in development assistance programs should obtain a greater share of their resources from private contributions. (Sec. 103) Directs the President to establish a program performance evaluation capacity in the agency primarily responsible for administering development assistance and report annually to the Congress on: (1) the progress of the agency in achieving sustainable development objectives; and (2) the impact on economic development of U.S. economic assistance on a country-by-country basis. (Sec. 104) Revises congressional purposes of development assistance. Sets forth as the four basic objectives of development assistance programs and U.S. economic cooperation policy: (1) the promotion of sustainable economic growth and development; (2) the building of democratic participation in development; (3) the prevention and resolution of specified transnational issues; and (4) the response to emergency humanitarian needs. Revises authorized uses of development assistance. (Sec. 105) Revises policies and objectives of military assistance programs. (Sec. 109) Prohibits the use of funds authorized for foreign assistance for FY 1994 for: (1) financial incentives to induce businesses to relocate outside the United States if it will reduce the number of individuals employed in the United States; (2) establishing any export processing zone or designated area in which the tax, tariff, labor, environment, and safety laws of a country do not apply to activities in such area, unless the President certifies that such assistance is not likely to cause a loss of jobs within the United States; (3) support for any project designed to increase exports of agricultural, import-sensitive textile, or apparel commodities from a developing country if such exports are in direct competition with U.S. exports or are expected to cause substantial injury to U.S. exporters (exempts activities designed to increase food security); or (4) assistance for a project that contributes to the violation of workers' rights. (Sec. 111) Prohibits foreign assistance funding to a country on a grant basis except pursuant to an agreement which authorizes the administrator of the agency responsible for administering development assistance to deobligate such funds without the country's approval. (Sec. 112) Requires the annual deobligation of specified unexpended foreign assistance funds that have been obligated for more than four years. (Sec. 113) Directs the Secretary of State to report to specified congressional officials on U.S. military and economic assistance, focusing on the balance and appropriate uses of each. (Sec. 114) Requires the Administrator of the Agency for International Development (AID) to report to specified congressional officials on the potential of programs to provide conflict resolution assistance. Title II: Bilateral Economic and Development Assistance - Authorizes appropriations for FY 1994 for: (1) specified development assistance; (2) international disaster assistance; (3) American schools, libraries, and hospitals abroad; (4) assistance for Eastern Europe and the Baltic States; (5) assistance for the independent states of the former Soviet Union; (6) the International Fund for Ireland; (7) the Multilateral Assistance Initiative for the Philippines; (8) the Inter-American Foundation; (9) the African Development Foundation; and (10) the Peace Corps. (Sec. 202) Authorizes the President to reduce the debt owed by an eligible country as a result of housing guarantees, credits or guarantees made under the Arms Export Control Act, or loans or guarantees made under the Export-Import Bank Act of 1945. Defines an "eligible country" as a country with a heavy debt burden that is eligible to borrow from the International Development Association (IDA) but not from the International Bank for Reconstruction and Development (World Bank) and that meets other specified conditions. Authorizes appropriations. (Sec. 203) Provides for the establishment of a Microenterprise Development Fund within the agency primarily responsible for administering development assistance. (Sec. 206) Authorizes appropriations for FY 1994 for worldwide housing guarantees and raises the ceiling on the amount of loans available under such program. (Sec. 207) Supports development education programs to involve U.S. citizens in programs about developing countries or in the development process. (Sec. 208) Authorizes the President, subject to certain conditions, to provide assistance through nongovernmental organizations to the people of a country that would otherwise be restricted from receiving foreign assistance. (Sec. 210) Authorizes appropriations for FY 1994 for AID operating expenses. Title III: Security Assistance - Authorizes appropriations for FY 1994 for: (1) foreign military financing (grants) for Israel, Egypt, and other recipients; (2) foreign military financing (loans) for Turkey, Greece, and Portugal; (3) economic support fund (ESF) assistance for Israel, Egypt, Cyprus, cooperative projects, and other recipients; (4) international military education and training; (5) anti-terrorism assistance; (6) peacekeeping operations; and (7) nonproliferation and disarmament activities in the independent states of the former Soviet Union. (Sec. 303) Establishes limits on additions to stockpiles in South Korea, Israel, and Thailand. (Sec. 306) Amends the Arms Export Control Act to revise provisions concerning presidential certifications and congressional procedures for certain arms transfers. (Sec. 310) Prohibits sales, the extension of credits or guarantees, and the approval of licenses with respect to the sale of defense articles or services to a foreign country unless the U.S. supplier certifies that it will not make any third-party incentive payments for purposes of satisfying an offset agreement with such country. Defines an "offset agreement" as an agreement under which the supplier agrees to purchase goods from the country in consideration for the country's purchase of defense articles or services. Imposes sanctions on foreign parties to coproduction agreements that violate restrictions concerning unauthorized third party transfers or unauthorized dispositions of defense articles or services or technical data if the President notifies the Congress or the Congress so determines by bill or joint resolution. Prohibits military assistance involving coproduction or licensed production outside the United States of any defense article of U.S. origin unless the President furnishes full information on the proposed transaction to the appropriate congressional committees. (Sec. 311) Prohibits the sale or lease of defense articles or services to any country or international organization which is known to have sent letters to U.S. firms requesting, or soliciting information about, compliance with the secondary or tertiary Arab boycott. Provides for presidential waivers, subject to certain conditions. (Sec. 312) Expresses the sense of the Congress that U.S. foreign policy is best served when ESF assistance is provided either in the form of U.S. goods and services or in the form of direct support for projects in the recipient country. Requires at least 15 percent of annual ESF assistance to be provided in the form of commodity import programs. Title IV: Multilateral Assistance - Part A: International Development Association - Amends the International Development Association Act to authorize appropriations for the U.S. contribution to the tenth replenishment of the IDA. (Sec. 402) Amends the International Financial Institutions Act to require the Secretary of the Treasury to encourage the U.S. executive directors of the IDA and World Bank to advocate, and to report to specified congressional committees on, policies regarding improvements in the standard of living, economic empowerment of women, environmental protection, debt relief, and support for the rule of law. Part B: Asian Development Fund - Amends the Asian Development Bank Act to authorize appropriations for the U.S. contribution to specified replenishments of the Asian Development Fund. Part C: Global Environmental Facility - Amends the Bretton Woods Agreement Act to authorize appropriations for the U.S. contribution to the Global Environment Facility subject to certain conditions. Part D: European Bank for Reconstruction and Development - Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 to direct the Secretary of the Treasury to instruct the U.S. executive director of the European Bank for Reconstruction and Development to oppose Bank lending to countries which have: (1) failed to take adequate steps to prevent drug trafficking; (2) expropriated property owned by a U.S. citizen; (3) taken steps to nullify contracts with U.S. citizens; or (4) imposed discriminatory taxes or restrictive operational conditions. Part E: Other Provisions - Authorizes appropriations for FY 1994 for contributions to international organizations and programs. Removes the South West Africa People's Organization from the list of organizations and countries for which funding is prohibited. Adds Myanmar, Iraq, North Korea, and Syria to such list, but makes the withholding of funds inapplicable to contributions to programs of the International Atomic Energy Agency (IAEA) or the United Nations Children's Fund in such countries. Earmarks funds for the United Nations Population Fund subject to prohibitions on funding for programs in China and other restrictions regarding commingling of funds and approval of projects. (Sec. 442) Prohibits funding for technical assistance to specified international financial institutions. (Sec. 443) Amends the International Financial Institutions Act to require the U.S. executive directors of specified international financial institutions to promote policies to encourage developing countries to reduce excessive military expenditures and enhance resources for primary health care and basic education. (Sec. 444) Expresses the sense of the Congress that the President should consider withholding U.S. payments to multilateral development organizations or international financial institutions that do not take steps to establish independent audit and review agencies. Title V: Regional Provisions - Part A: Provisions Relating to Sub-Saharan Africa - Amends the African Development Foundation Act to authorize the African Development Foundation to employ persons who are not U.S. citizens. (Sec. 503) Prohibits, unless certain conditions are met: (1) military and economic assistance for Sudan; (2) foreign military financing for Kenya; and (3) economic and military assistance for Zaire. (Sec. 505) Authorizes the President to provide reconstruction assistance to Somalia. (Sec. 508) Allocates assistance for establishing conflict resolution capabilities within specified African organizations and for facilitating reductions in the size of armed forces of Subsaharan African countries. Part B: Provisions Relating to East Asia and the Pacific - Sets forth the Multilateral Assistance Initiative for the Philippines. (Sec. 512) Authorizes the President to use funds for the independent states of the former Soviet Union to provide assistance to Mongolia. (Sec. 513) Includes the Lao People's Democratic Republic in the list of Communist countries to which foreign assistance is prohibited. (Sec. 514) Requires the President, before certain arms sales or licenses are approved under the Arms Export Control Act with respect to Indonesia, to determine whether there have been improvements in the human rights situation in East Timor. (Sec. 515) Sets forth the sense of the Congress with respect to human rights in India. (Sec. 516) Expresses the sense of the Congress that the President should show clear support for Taiwan. Part C: Provisions Relating to Europe and the Former Soviet Union - Makes East European countries eligible to receive excess defense articles. (Sec. 525) Earmarks funds for winter-related and other humanitarian assistance for the people of Bosnia-Hercegovina. (Sec. 526) Expresses the sense of the Senate that the United States should allocate more resources for Ukraine. Part D: Provisions Relating to the Middle East - Prohibits assistance to Syria until the President reports to the appropriate congressional committees that Syria has taken specified steps with regard to emigration and human rights, terrorism, weapons proliferation, withdrawal of troops from Lebanon, and antinarcotics efforts. Withholds all assistance for Jordan if Jordan has not substantially complied with United Nations Security Council resolutions concerning Iraq. Part E: Provisions Relating to Latin America - Extends the administration of justice assistance program. Makes such assistance available for Panama. (Sec. 543) Prohibits foreign assistance to Peru until the President certifies to the Congress that Peru has paid compensation to the survivors of a specified member of the Air Force who was killed by the Peruvian armed forces. Title VI: Bosnia and Hercegovina Self-Defense Act of 1993 - Bosnia and Hercegovina Self-Defense Act of 1993 - Declares that the President should terminate the arms embargo of Bosnia and Hercegovina upon receipt of a request from such government for assistance in exercising its right of self-defense under the United Nations Charter. (Sec. 604) Authorizes the President, if such request is made, to direct the drawdown of defense articles and services and military education and training to provide assistance. Bars members of the armed forces who provide such assistance abroad from performing combatant duties. Authorizes appropriations. Title VII: South African Democratic Transition Support Act of 1993 - South African Democratic Transition Support Act of 1993 - Repeals specified provisions of the Comprehensive Anti-Apartheid Act of 1986 (to be completely repealed when the President certifies to the Congress that an interim government that was elected on a nonracial basis through free and fair elections has taken office in South Africa). Urges all State or local governments and all private entities in the United States to rescind any restrictions on economic interaction with South Africa. (Sec. 705) Authorizes the President to provide assistance to support the transition to nonracial democracy in South Africa, subject to certain limitations. (Sec. 706) Sets forth U.S. policy on investment, trade, and exchanges with South Africa, listing steps to be taken by specified Federal agencies and international financial institutions. Title VIII: General Provisions - Terminates foreign assistance to any recipient who uses assistance for unauthorized purposes. (Sec. 802) Prohibits foreign assistance for: (1) lobbying activities; (2) private and voluntary organizations that fail to provide documentation for auditing purposes; (3) assessments, arrearages, or dues to the United Nations of any foreign member country; (4) any country whose elected head of government is deposed by a military coup; and (5) any country that provides lethal military equipment to a terrorist government (subject to presidential waivers). (Sec. 812) Expresses the sense of the Congress that the President should instruct the U.S. Permanent Representative to the United Nations to enhance the enforcement of nonproliferation treaties through the adoption of a Security Council resolution that would state that any non-nuclear weapon state that is found to have terminated or violated an IAEA safeguards agreement would be subject to international economic sanctions. Prohibits foreign assistance or funding under the Arms Export Control Act to non-nuclear weapon states that have terminated or violated such agreements. (Sec. 813) Directs the Secretary of State to notify specified congressional committees in advance of any proposed deployment of U.S. military personnel to undertake civic action or humanitarian assistance programs in a foreign country. (Sec. 814) Withholds assistance to a foreign country in an amount equivalent to total unpaid parking fines and penalties owed by the country to the District of Columbia. (Sec. 815) Requires the Secretary of State to report to the Congress on efforts to promote the elimination of discrimination against people with disabilities and on discriminatory practices against such people around the world. Title IX: Effective Date - Requires this Act to take effect on October 1, 1993.
Bill· HRH.R. 3063 (103rd)open
United States · United States Congress · 14 September 1993
TABLE OF CONTENTS: Title I: International Development Association Title II: Asian Development Bank Title III: Global Environment Facility Title IV: Regional Multilateral Development Banks Title V: Special Debt Relief Title VI: Measures of Military Spending International Development and Debt Relief Act of 1993 - Title I: International Development Association - Amends the International Development Association Act to authorize appropriations for the tenth replenishment of the International Development Association (IDA). Amends the International Financial Institutions Act to require the Secretary of the Treasury to encourage the U.S. executive directors of the IDA and the International Bank for Reconstruction and Development (World Bank) to advocate, and to report to specified congressional committees on, policies regarding improvements in the borrowing country's standard of living, involvement of local populations in projects, economic empowerment of women, redirection of military expenditures, environmental protection, debt relief, and support for the rule of law. Requires the Secretary to instruct the U.S. executive director of the IDA to encourage the IDA to emphasize the importance of facilitating the demobilization of military forces. Title II: Asian Development Bank - Amends the Asian Development Bank Act to authorize appropriations for specified replenishments of the Asian Development Fund. Title III: Global Environment Facility - Amends the Bretton Woods Agreements Act to authorize appropriations for the U.S. contribution to the Global Environment Facility, subject to a specified certification by the Secretary. Title IV: Regional Multilateral Development Banks - Requires the Secretary to instruct the U.S. executive directors of each regional multilateral development bank and the European Bank for Reconstruction and Development to advocate, and to report to specified congressional committees on, policies regarding improvements in the borrowing country's standard of living, involvement of local populations in projects, economic empowerment of women, the redirection of military expenditures, and environmental impact assessments. Title V: Special Debt Relief - Authorizes the President to reduce debt owed by an eligible country as a result of Export-Import Bank loans or guarantees in order to implement the Paris Club minutes (multilateral debt reduction agreements). Defines an "eligible country" as a country that has burdensome external debt and is eligible to borrow from the IDA, but not from the World Bank. Excludes countries that have unacceptable human rights records or excessive military expenditures. Authorizes appropriations. Title VI: Measures of Military Spending - Provides for joint development and reporting on measures to reduce military spending by developing nations by the International Monetary Fund and the World Bank (currently, the Fund is solely responsible for developing such measures).
Bill· HJRESH.J.Res. 258 (103rd)referred
United States · United States Congress · 9 September 1993
Constitutional Amendment - Prohibits retroactive increases in the rate of an income or excise tax, except under a presidential declaration of a national emergency.
Bill· HJRESH.J.Res. 256 (103rd)referred
United States · United States Congress · 8 September 1993
Constitutional Amendment - Declares that no person, under any law enacted by the Congress or any rule issued by a Federal entity, shall be liable for conduct occurring, or with respect to income accruing, before the date of enactment of the law or issuance of the rule.
Bill· SJRESS.J.Res. 127 (103rd)referred
United States · United States Congress · 6 August 1993
Constitutional Amendment - Prohibits the imposition of retroactive taxes.
Bill· HJRESH.J.Res. 251 (103rd)open
United States · United States Congress · 6 August 1993
Constitutional Amendment - Directs the President, beginning with FY 1997 or the first fiscal year after ratification, whichever is later, to submit a budget of revenues and outlays to Congress. Requires the Congress to adopt a budget that reduces the deficit existing the year prior to ratification by not less than ten percent per year in order to balance the budget within ten fiscal years. Requires a balanced budget by the 11th year after ratification. Requires, beginning with the 11th year, that revenues exceed outlays in order to provide for the reduction of the outstanding gross Federal debt. Requires the reduction to amortize the debt over the next 20 years in order to repay the entire debt by the end of the 30th year after ratification. Allows the waiver of aforementioned requirements when a declaration of war is in effect. Grants the President line-item veto authority in appropriation bills. Directs the Congress to review revenues on a quarterly basis and make adjustments to comply with this Act.
Bill· HJRESH.J.Res. 254 (103rd)referred
United States · United States Congress · 6 August 1993
Constitutional Amendment - Provides that State and local governments shall not be obligated by new Federal laws or regulations to perform any new or expanded program or service unless the expenses of doing so are paid by the Federal Government.
Bill· HJRESH.J.Res. 255 (103rd)referred
United States · United States Congress · 6 August 1993
Constitutional Amendment - Prohibits Congress from retroactively increasing the rate of a tax or imposing a new tax, except under a presidential declaration of a national emergency.
Bill· HJRESH.J.Res. 249 (103rd)referred
United States · United States Congress · 5 August 1993
Constitutional Amendment - Prohibits Congress from retroactively increasing the rate of a tax or imposing a new tax.
Law· SS. 1357 (103rd)enacted
United States · United States Congress · 4 August 1993
Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act - Reaffirms and extends Federal recognition and associated benefits to the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians (Tribes) of Michigan. Provides for the Tribes to be governed by current interim documents and officials until the Secretary of the Interior conducts elections to adopt a constitution and elect new tribal officials. Provides for the transfer of specified land for the benefit of the Bands.
Bill· SJRESS.J.Res. 120 (103rd)open
United States · United States Congress · 4 August 1993
Constitutional Amendment - Prohibits the imposition of retroactive taxes.
Bill· HRH.R. 2872 (103rd)open
United States · United States Congress · 4 August 1993
TABLE OF CONTENTS: Title I: Protection of Neighborhoods, Families, and Children Subtitle A: Safe Schools Subtitle B: Secure Neighborhoods Subtitle C: Crimes Against Children Subtitle D: Punishment of Serious Juvenile Offenders Title II: Equal Protection for Victims Subtitle A: Victims' Rights Subtitle B: Admissibility of Evidence Subtitle C: Protecting the Integrity of the Judicial Process Title III: Protection of Women Subtitle A: Spouse Abuse and Stalking Subtitle B: Victims of Sexual Violence Subtitle C: Punishment of Sex Offenders Title IV: Prevention of Terrorism Subtitle A: Enhanced Controls on Entry into the United States Subtitle B: Deportation of Alien Terrorists Subtitle C: Penalties for Engaging in Terrorism Title V: Criminal Aliens and Alien Smuggling Subtitle A: Deportation of Criminal Aliens Subtitle B: Prevention and Punishment of Alien Smuggling Title VI: Taking Criminals Off the Street Subtitle A: Expanding Prison Capacity Subtitle B: Miscellaneous Title VII: Punishment and Deterrence Subtitle A: Capital Offenses Subtitle B: Violent Felonies and Drug Offenses Subtitle C: Enhanced Penalties for Criminal Use of Firearms and Explosives Subtitle D: Miscellaneous Title VIII: Elimination of Delays in Carrying Out Sentences Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases Title IX: Public Corruption Title X: Funding Crime Control Act of 1993 - Title I: Protection of Neighborhoods, Families, and Children - Subtitle A: Safe Schools - Amends the Controlled Substances Act (CSA) to increase penalties for drug trafficking in or near schools. (Sec. 102) Authorizes: (1) a school district to elect to qualify as a Federal safe school district by decision of a local educational agency or by referendum of the voters in a school district served by such an agency; and (2) the Attorney General to make grants to local educational agencies or local law enforcement agencies of Federal safe school districts to pay for enhanced school security measures. (Sec. 103) Increases penalties for violation of the Gun-Free School Zones Act. Subtitle B: Secure Neighborhoods - 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 to local governments and to community groups for increasing the police presence in communities. Requires the Director to develop a written model that informs community members regarding how to identify the existence of a drug or gang house and what civil remedies and mediation techniques are available. Authorizes appropriations. (Sec. 114) Amends the Federal criminal code to prohibit: (1) committing specified "predicate gang crimes" (including murder, assault, kidnapping, arson, and retaliating against a witness, victim, or informant) with intent to promote or further the activities of a criminal street gang or for the purpose of gaining entrance to, or maintaining or increasing position in, a gang; (2) participating in, or inducing any individual to participate in, a gang; (3) employing or inducing any individual to commit a predicate gang crime with such intent; or (4) using any communication facility in causing or facilitating the commission of such a crime with such intent. Sets penalties for violations. Authorizes the Attorney General and the Secretary of the Treasury to investigate such offenses. Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase the base offense level for any felony committed for the purpose of gaining entrance into, or maintaining or increasing position in, a gang. (Sec. 115) Amends: (1) the Federal criminal code to set penalties for drive-by shootings; (2) the Omnibus Act to include among drug control and system improvement grant funding objectives law enforcement and prevention programs relating to gangs or to youth who are involved or at risk of being involved in gangs; and (3) the CSA to increase penalties for drug trafficking in or near public housing. Subtitle C: Crimes Against Children - Provides for imposition of the death penalty for murder during the sexual exploitation of children. (Sec. 132) Increases penalties for sex offenses against victims below age 16. (Sec. 133) Sets penalties for international trafficking in child pornography. (Sec. 134) Directs the Attorney General to establish guidelines for State legislation prohibiting the production, distribution, receipt, or possession of materials depicting a person under age 18 engaging in sexually explicit conduct and providing for a maximum imprisonment of at least one year and for the forfeiture of assets used in, or gained from, such offenses. Requires each State to enact and maintain legislation complying with such guidelines in order to receive assistance under provisions of the Victims of Crime Act and the Child Abuse Prevention and Treatment Act. (Sec. 135) Provides for national registration of convicted child abusers. Requires the Attorney General to establish guidelines for State registration programs. Authorizes a State to permit qualified entities to obtain from an authorized State agency a nationwide background check on a provider. (Sec. 136) Increases penalties for: (1) assaults against children; (2) using minors in drug trafficking; (3) drug distribution to minors; and (4) using a minor in the commission of a Federal offense. (Sec. 137) Amends the CSA to set penalties for physical trainers or advisers who attempt to persuade or induce a person to possess or use anabolic steroids. (Sec. 139) Provides for interstate enforcement of child support orders. (Sec. 140) Makes certain crimes involving the use of persons below age 18 predicates to an offense under the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 143) Makes it a Federal offense to remove a child from, or to retain a child outside, the United States to obstruct the lawful exercise of parental rights. Authorizes appropriations to carry out State court programs regarding international parental child abduction. Subtitle D: Punishment of Serious Juvenile Offenders - Makes serious juvenile drug offenses Armed Career Criminal Act predicates. (Sec. 152) Provides for adult prosecution of serious juvenile offenders. (Sec. 153) Requires that juveniles found guilty of certain offenses be fingerprinted and photographed, with such fingerprints and photographs sent to the Federal Bureau of Investigation (FBI), Identification Division. Directs the court to transmit to such division information concerning the adjudication. Title II: Equal Protection for Victims - Subtitle A: Victims' Rights - Enacts Rules of Professional Conduct for Lawyers in Federal Practice, including provisions regarding: (1) a prohibition on attorneys engaging in actions deemed abusive to clients or others; (2) a duty of enquiry (to elicit from the client a truthful account of the material facts concerning the matters in issue); (3) a duty to expedite litigation; and (4) a duty to disclose information necessary to prevent the commission of a crime. (Sec. 202) Revises Federal Rule of Criminal Procedure: (1) 24(b) to entitle each side to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) 32 to provide for a victim's right of allocution in sentencing for a crime of violence or sexual abuse. (Sec. 204) Provides for the enforcement of restitution orders through the suspension of Federal benefits. (Sec. 205) Sets penalties for retaliatory killings of witnesses, victims, and informants. Subtitle B: Admissibility of Evidence - Amends the Federal Rules of Evidence (FRE) to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. (Sec. 212) Revises FRE 412 (sex offense cases; relevance of victim's past behavior) to: (1) expand the scope of the rape shield law and to require that an order admitting evidence of a victim's past sexual behavior explain the reasoning leading to a finding of relevance and the basis of a finding that the probative value of the evidence outweighs the danger of unfair prejudice; and (2) make inadmissible evidence to show invitation or provocation by a victim in sexual abuse cases. (Sec. 214) Specifies that evidence obtained as a result of a search or seizure shall not be excluded on the ground that the search or seizure was in violation of the fourth amendment to the Constitution if carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Subtitle C: Protecting the Integrity of the Judicial Process - Provides that in a criminal trial in any Federal or State court: (1) on motion of the defense attorney or prosecutor, the risk of racial prejudice or bias shall be examined on voir dire if there is a substantial likelihood that such prejudice will affect the jury; (2) on motion of the defense attorney or prosecutor, a change of venue shall be granted if an impartial jury cannot be obtained in the original venue because of such prejudice; and (3) neither the prosecutor nor the defense attorney shall make any appeal to such prejudice in statements before the jury. (Sec. 222) Amends the Federal criminal code to provide that a list of veniremen and witnesses need not be furnished in capital cases if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person. (Sec. 223) Increases penalties for attempting to influence or injure court officers or jurors. (Sec. 224) Provides for the imposition of the death penalty for the murder of a Federal witness. Title III: Protection of Women - Subtitle A: Spouse Abuse and Stalking - Amends the Federal criminal code to: (1) set penalties for interstate travel to commit spouse abuse or to violate a protective order; and (2) provide for full faith and credit of protective orders among the States. Subtitle B: Victims of Sexual Violence - Establishes a civil remedy for victims of sexual violence. (Sec. 312) Authorizes the restitution of victims of sex offenses. (Sec. 313) Provides for pretrial detention in sex offense cases. Subtitle C: Punishment of Sex Offenders - Provides for imposition of the death penalty for persons engaging in sexual abuse resulting in death. (Sec. 322) Increases penalties for recidivist sex offenses. (Sec. 323) Directs the Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses. (Sec. 324) Provides for testing for human immunodeficiency virus for persons charged in sex offense cases and the disclosure of the test results to the victim. Directs the Sentencing Commission to amend existing guidelines for sentences for sex offenses where the offender knew or had reason to know that he was infected with such virus, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Title IV: Prevention of Terrorism - Subtitle A: Enhanced Controls on Entry into the United States - Amends the Immigration and Nationality Act (INA) to require exclusion from admission to the United States of anyone who is a member of an organization that engages in terrorist activity or who actively supports or advocates terrorist activity. (Sec. 402) Provides for the exclusion of an alien for presenting fraudulent documents, or for failing to present documents used to board a common carrier, to an immigration officer upon arrival at a port of entry into the United States. Specifies that any alien who is excludable under such provisions may not apply for or be granted asylum, with exceptions. (Sec. 404) Limits court jurisdiction with respect to habeas corpus review, other judicial review and action, and collateral enforcement proceedings. Subtitle B: Deportation of Alien Terrorists - Establishes procedures to apply whenever the Attorney General certifies under seal to a special court (established pursuant to this subtitle) that: (1) the Attorney General or Deputy Attorney General has approved of the deportation proceeding; (2) an alien terrorist is physically present in the United States; and (3) removal of such terrorist by deportation proceedings would pose a risk to national security because such proceedings would disclose classified information. Directs the Chief Justice of the United States to publicly designate up to seven judges to hear and decide such cases. Sets forth procedures for a special removal hearing, including provisions for appointment of counsel and appeals. Subtitle C: Penalties for Engaging in Terrorism - Amends the Federal criminal code to: (1) prohibit providing material support to terrorists; and (2) extend the statute of limitations for certain terrorism offenses. (Sec. 422) Directs the Sentencing Commission to provide for an increase in the base offense level for any felony involving or intended to promote international terrorism, unless such involvement or intent is itself an element of the crime. (Sec. 424) Increases penalties under the International Emergency Economic Powers Act for violation of orders with respect to the declaration of a national emergency and the Federal criminal code for passport and visa-related violations. (Sec. 425) Sets penalties for: (1) specified acts of violence at international airports; (2) violence against maritime navigation; (3) violence against maritime fixed platforms; and (4) the use of weapons of mass destruction. (Sec. 429) Directs the President to establish a National Task Force on Counterterrorism. (Sec. 430) Provides for imposition of the death penalty for causing death through the use of a bomb or other destructive device. Title V: Criminal Aliens and Alien Smuggling - Subtitle A: Deportation of Criminal Aliens - Amends the INA to permit an alien sentenced to imprisonment to be deported prior to the termination of such imprisonment if the Immigration and Naturalization Service (INS) petitions the appropriate court or other authority to release the alien into INS custody for execution of a deportation order. Prohibits the deportation until all direct appeals of the conviction have been exhausted. (Sec. 502) Authorizes the registration of aliens on criminal probation or criminal parole within the United States. (Sec. 503) Expands the definition of "aggravated felony" to include illicit trafficking in explosive materials and a crime of violence for which the term of imprisonment imposed is at least five years. (Sec. 504) Amends the INA to authorize the Attorney General to issue a final order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence, or who had permanent resident status on a conditional basis, and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable. (Sec. 505) Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien convicted of an aggravated felony, if such order has been requested prior to sentencing by the U.S. Attorney. (Sec. 506) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 507) Enhances penalties for failing to depart or reentering after a final order of deportation. Limits collateral attacks on deportation orders. (Sec. 509) Authorizes appropriations for a criminal alien information system. Subtitle B: Prevention and Punishment of Alien Smuggling - Authorizes appropriations for Border Patrol agents and investigators. (Sec. 513) Includes alien smuggling as a predicate to an offense under RICO. (Sec. 514) Increases penalties for: (1) employers who knowingly employ smuggled aliens; and (2) bringing in and harboring certain aliens. (Sec. 516) Expands forfeiture for smuggling or harboring illegal aliens. Title VI: Taking Criminals Off the Street - Subtitle A: Expanding Prison Capacity - Amends the Internal Revenue Code to include within the definition of "exempt facility bond" certain bonds issued to provide for correctional facilities. (Sec. 602) Directs the Attorney General to: (1) establish a Regional Prison Task Force; and (2) create a plan for the establishment of a nationwide regional prison system. Sets forth provisions regarding State and prisoner eligibility requirements. Establishes in the Treasury a Regional Prison Fund. Authorizes appropriations. (Sec. 603) Amends the Davis-Bacon Act to make provisions concerning the rate of wages for laborers and mechanics inapplicable to prison construction. Subtitle B: Miscellaneous - Amends the Federal judicial code to deny the district court, in any action challenging the constitutionality of conditions of confinement in any correctional institution housing persons accused or convicted of a crime or juveniles adjudicated delinquent, jurisdiction to: (1) impose a ceiling on the population of any correctional institution or to require any adjustment of the release dates of inmates; or (2) prohibit the use of tents or prefabricated structures for housing inmates. Prohibits any consent decree in any such action from providing relief greater than the minimum required to bring the conditions of confinement into substantial compliance with the Constitution. Provides for modification of orders or decrees. Title VII: Punishment and Deterrence - Subtitle A: Capital Offenses - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the attorney for the Government, whenever the Government intends to seek the death penalty for an offense punishable by death, to file with the court and serve on the defendant a notice of such intent and the aggravating factors the Government will seek to prove as the basis for such penalty. Requires the judge who presided at the trial or before whom the guilty plea was entered, or another judge if that judge is unavailable, to conduct a separate sentencing hearing when the attorney for the Government has filed such notice and the defendant is found guilty of an offense punishable by death. Permits information to be presented as to any matter relating to any mitigating factor and any aggravating factor for which notice has been provided, except that information may be excluded if its probative value is outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury (but permits the Government to present information concerning the effect of the offense on the victim and the victim's family). Specifies mitigating and aggravating factors. Sets forth special aggravating factors for: (1) treason, espionage, homicide, and the attempted murder of the President; and (2) drug offenses punishable by death (including previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in considering whether to recommend a sentence of death. Sets forth procedures for the imposition, appeal, and implementation of a sentence of death. Prohibits: (1) a death sentence from being carried out upon a pregnant woman or a person who lacks the mental capacity to understand the death penalty and why it was imposed; and (2) requiring any employee of, or any person providing services under contract to, any State department of corrections, the Federal Bureau of Prisons, and the U.S. Marshals Service to be in attendance or to participate in any execution if such participation is contrary to such employee's moral or religious convictions. Sets forth provisions regarding: (1) appointment of counsel; (2) collateral attacks on judgments imposing a death sentence; and (3) stays of execution. Limits the circumstances under which a person subject to the criminal jurisdiction of an Indian tribal government may be executed under this Act. Declares that the death penalty and all other penalties shall be administered by the United States and by every State without regard to the race or color of the defendant or victim, and that neither the United States nor any State shall prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. Specifies that, in a prosecution for an offense against the United States for which a death sentence is authorized, the fact that the killing was motivated by racial prejudice or bias shall be deemed an aggravating factor. Amends specified civil rights provisions to cover conspiracy against the rights, and deprivation of rights under color of law, of any person in (currently, inhabitant of) a State, territory, or district. Provides for the imposition of the death penalty for specified Federal crimes, including: (1) murders committed by prisoners in Federal correctional institutions; (2) murders of Federal, State, and local law enforcement officers; (3) civil rights murders; (4) gun murders; (5) murders by escaped prisoners; (6) torture under specified circumstances where death results; and (7) carjackings which result in death. Subtitle B: Violent Felonies and Drug Offenses - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release for a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. (Sec. 712) Requires the court to sentence a defendant convicted of a Federal violent felony to life imprisonment or, if death results, subject such defendant to the death penalty, if the defendant had previously been convicted of two other violent felonies. (Sec. 713) Amends the Armed Career Criminal Act to include within the definition of "serious drug offense" an offense under State law which, if it had been prosecuted as a CSA violation at the time of the offense and because of the type and quantity of the controlled substance involved, would have been punishable by a maximum term of imprisonment of ten years or more. (Sec. 714) Provides an enhanced penalty for the use of a semiautomatic firearm during a crime of violence or drug trafficking crime. (Sec. 715) Sets mandatory penalties for firearms possession by persons previously convicted of a violent felony or a serious drug offense, and a mandatory minimum sentence for unlawful possession of a firearm by a convicted felon, fugitive from justice, or transferor or receiver of a stolen firearm. (Sec. 717) Increases: (1) the general penalty for violation of Federal firearms laws; and (2) enhanced penalties for possession of a firearm in connection with a crime of violence or a drug trafficking crime. (Sec. 719) Sets penalties for smuggling firearms in aid of drug trafficking or violent crime. (Sec. 723) Establishes: (1) a temporary prohibition against possession of a firearm by, or transfer of a firearm to, persons convicted of a drug crime; and (2) enhanced penalties for possession of a firearm during a drug crime. Subtitle C: Enhanced Penalties for Criminal Use of Firearms and Explosives - Chapter 1: Instant Check System for Handgun Purchases - Requires each State to establish and maintain an instant criminal check system for handgun purchases. Sets forth: (1) prohibitions on uses of such information; and (2) identification procedure requirements for licensed importers, manufacturers, and dealers once a State system becomes operational and specified notice requirements are met. Sets penalties for noncompliance. (Sec. 734) Requires each State to establish a system accessible by telephone that any licensee, law enforcement officer, or court may contact for criminal history information. (Sec. 735) Provides for the correction of erroneous system information as well as a private course of action after all administrative remedies are exhausted and records are not corrected. (Sec. 736) Directs the Attorney General to expedite: (1) the incorporation of the remaining State criminal history records into the Federal criminal records systems maintained by the FBI; and (2) the development of hardware and software systems to link State criminal history check systems into the National Crime Information Center. (Sec. 737) Sets forth provisions regarding: (1) access to State criminal records; and (2) funding for improvements in State records systems. Chapter 2: Other Firearms Provisions - Increases penalties for: (1) interstate gun trafficking; (2) making knowingly false, material statements in connection with the purchase of a firearm from a licensed dealer; and (3) a second offense of using an explosive to commit a felony. (Sec. 742) Prohibits: (1) transactions involving stolen firearms which have moved in interstate or foreign commerce; (2) the receipt of firearms by non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes; (3) the possession of explosives by felons and others; and (4) the possession of explosives during the commission of a felony. (Sec. 745) Provides for mandatory revocation of supervised release for possession of a firearm in violation of a condition of release. (Sec. 756) Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Subtitle D: Miscellaneous - Increases penalties for Travel Act crimes involving racketeering and conspiracy to commit contract killings. (Sec. 762) Makes it a criminal offense to fail to obey an order to land an aircraft issued by an authorized Federal law enforcement officer under specified circumstances. (Sec. 764) Provides enhanced penalties for drug trafficking in prisons. (Sec. 765) Directs the Federal Communications Commission: (1) in its review of applications for renewal of television broadcast licenses, to consider the extent to which the licensee has participated in efforts to educate the public as to the dangers of drug abuse and appropriate methods for obtaining treatment; and (2) not to find that a renewal of such a licensee is consistent with the public interest unless the applicant demonstrates that the station has broadcast public service announcements concerning drug abuse and treatment. Title VIII: Elimination of Delays in Carrying Out Sentences - Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 802) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. (Sec. 804) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. (Sec. 805) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners. Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of BJA to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Title IX: Public Corruption - Amends the Federal criminal code to prescribe criminal penalties to be imposed upon: (1) anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State of the honest services of a State official or of a fair and impartially conducted election process; and (2) any State or Federal official who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against another official. Authorizes such adversely affected official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. (Sec. 902) Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. (Sec. 903) Sets forth prohibitions regarding narcotics-related public corruption. Title X: Funding - Requires each head of a Federal agency making a grant to, or entering into a contract with, an institution of higher education for research and development to reduce the overhead payment rate under the grant or contract to 90 percent of the current level and return the amount saved to the general fund of the Treasury. (Sec. 1002) Reduces the overhead expenses identified and reduced by the President in Executive Order 12837 by an additional five percent.
Bill· HRH.R. 2862 (103rd)referred
United States · United States Congress · 4 August 1993
Prohibits the intentional creation of legislative districts based on race, color, or language minority status of voters within such districts. Provides a private right of action for a violation of such prohibition.
Bill· HJRESH.J.Res. 248 (103rd)referred
United States · United States Congress · 3 August 1993
Constitutional Amendment - Prohibits Congress from passing a law with retroactive taxes or fees.
Bill· HJRESH.J.Res. 245 (103rd)open
United States · United States Congress · 30 July 1993
Constitutional Amendment - Requires a three-fifths majority of the whole number of each House of the Congress before a bill increasing any revenue may pass. Provides that total revenue of the United States Government for each fiscal year shall not exceed 20 percent of the gross domestic product and that any revenue in excess of this limit shall be used to reduce the public debt. Authorizes a specific amount of additional revenue above such limit for the current or next fiscal year when a bill for this sole purpose is passed by a three-fifths majority of the whole number of each House of the Congress and becomes law. Authorizes the Congress, upon the President's request, to waive the provisions of this joint resolution by a roll call vote for any fiscal year in which a declaration of war is in effect. Requires any law that has the effect of increasing any revenue, if adopted when a waiver is in effect, to expire within two years after the law is adopted.
Bill· HRH.R. 2768 (103rd)open
United States · United States Congress · 28 July 1993
Ratifies the transfer of specified land in El Paso County, Texas, by the Ysleta Del Sur Pueblo on July 12, 1991. Deems such transfer to have been made in accordance with the Constitution and all Federal laws that are specifically applicable to transfers of land from, by, or on behalf of any Indian, Indian nation, or tribe or band of Indians as if the Congress had given its consent prior to the transfer.
Bill· HRH.R. 2674 (103rd)referred
United States · United States Congress · 20 July 1993
Requires each State to include on the 1994 general election ballot an advisory referendum that poses the question of whether the Congress should propose an amendment to the Constitution to limit Representatives to six consecutive two-year terms and Senators to two consecutive six-year terms. Requires the Secretary of State (or the equivalent official) of each State to report the results of the referendum to the Federal Election Commission and the Commission to compile the results and submit them to the Congress.
Bill· HJRESH.J.Res. 224 (103rd)referred
United States · United States Congress · 1 July 1993
Constitutional Amendment - Prohibits imposition of the death penalty.
Bill· HJRESH.J.Res. 223 (103rd)referred
United States · United States Congress · 30 June 1993
Constitutional Amendment - Empowers: (1) the Congress to set limits on expenditures by, in support of, or in opposition to, all candidates in primary, general, or other elections for Federal office; and (2) the States to set such limits on candidates for State and local offices.
Bill· HJRESH.J.Res. 221 (103rd)referred
United States · United States Congress · 30 June 1993
Constitutional Amendment - Limits a Representative to six and one-half terms and a Senator to two and one-half terms. Allows a person holding office on the adoption of this amendment to complete his or her term.
Bill· HRH.R. 2376 (103rd)open
United States · United States Congress · 10 June 1993
Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act - Reaffirms and extends Federal recognition and associated benefits to the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians (Tribes) of Michigan. Provides for the Tribes to be governed by current interim documents and officials until the Secretary of the Interior conducts elections to adopt a constitution and elect new tribal officials. Provides for the transfer of specified land for the benefit of the Bands.
Bill· HRH.R. 2366 (103rd)open
United States · United States Congress · 10 June 1993
Jena Band of Choctaw Indians of Louisiana Confirmation Act - Confirms and extends Federal recognition and associated services and benefits to the Jena Band of Choctaw of Louisiana. Directs that the Tribe be governed by an Interim Council until the Secretary of the Interior, upon the written request of the Council, conducts an election to adopt a constitution for the Tribe, and for the election of tribal officials. Directs the Secretary of the Interior to negotiate an economic development plan with the Tribe.
Bill· HRH.R. 2354 (103rd)referred
United States · United States Congress · 9 June 1993
Prison Litigation Relief Act of 1993 - Amends the Federal judicial code to require a district court, in any action challenging the constitutionality of conditions of confinement in any correctional instituion, that finds that a condition of confinement violates the Constitution, to narrowly tailor any relief to fit the nature and extent of the violation and to make an order no more intrusive than necessary to remedy the violation. Denies the court jurisdiction to: (1) impose a ceiling on the population of any institution or to require any adjustment of the release dates of inmates; or (2) prohibit the use of tents or prefabricated structures for housing inmates. Specifies that: (1) no consent decree in any such action shall provide relief greater than the minimum required to bring conditions of confinement into substantial compliance with the Constitution; and (2) in entering a consent decree, the court shall make a written finding to that effect (permits the court to recommend changes if it appears that the relief provided is greater than the minimum required). Permits the court, upon motion of a defendant at any time, to conduct a hearing on whether such an order or decree should be modified in light of: (1) changed factual circumstances; (2) a change or clarification of the governing law; (3) a succession in office of an official responsible for having consented to a decree; (4) the Government's financial constraints or any other matter affecting public safety or the public interest; or (5) specified grounds under the Federal Rules of Civil Procedure. Directs the court: (1) to conduct such a hearing if the motion was filed more than one year after the date of the order or decree or the date on which the last previous modification hearing was conducted, whichever is later; and (2) if the court denies a motion to modify such an order or consent decree, to make a written finding that the relief provided is no greater than the minimum required.
Bill· HJRESH.J.Res. 211 (103rd)referred
United States · United States Congress · 9 June 1993
Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit individual prayer in public schools or to prohibit public school officials from including voluntary prayer in official school ceremonies and meetings. Prohibits the United States or any State from prescribing the content of any such prayer.
Law· HRH.R. 2330 (103rd)enacted
United States · United States Congress · 8 June 1993
TABLE OF CONTENTS: Title I: Intelligence Activities Title II: Central Intelligence Agency Retirement and Disability System Title III: General Provisions Intelligence Authorization Act for Fiscal Year 1994 - Title I: Intelligence Activities - Authorizes appropriations for FY 1994 for intelligence and intelligence-related activities in specified departments and agencies of the U.S. Government, including the Central Intelligence Agency, the Department of Defense, and the Drug Enforcement Administration. Declares that the authorized amounts and personnel ceilings for such intelligence activities are those specified in the classified schedule of authorizations. Authorizes the Director of Central Intelligence to employ civilian personnel in excess of the ceiling for such personnel when necessary to the performance of important intelligence functions. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1994. Title III: General Provisions - Permits appropriations authorized by this Act for benefits for Federal employees to be increased as may be necessary for increases in compensation or benefits authorized by law. Prohibits the authorization of appropriations by this Act from constituting authority for the conduct of any intelligence activity not otherwise authorized by the Constitution or laws of the United States.
Bill· HJRESH.J.Res. 210 (103rd)referred
United States · United States Congress · 8 June 1993
Constitutional Amendment - Grants the people of the United States the power to propose and enact laws, except with respect to carrying out the constitutional powers granted to the Congress. Prohibits the people of the United States from proposing amendments to the Constitution. Sets forth provisions relating to: (1) the signed petition containing the text of the proposed law; (2) presidential certification of the validity of the signatures on such petition; and (3) placing the petition on the ballot at the next general election held for choosing Members of the House of Representatives. Requires the proposed law to be enacted upon receiving a majority of the number of electoral votes. Establishes guidelines for determining the number of electoral votes for each State (including the District of Columbia). Provides that such enacted law shall be the same as any other Federal law, except that any law to repeal or amend such enacted law within two years after its effective date must receive an affirmative roll call vote of two-thirds of the Members of each House. Prohibits the people from enacting a law that the Constitution forbids the Congress to enact.
Bill· SS. 1078 (103rd)open
United States · United States Congress · 7 June 1993
Jena Band of Choctaw Indians of Louisiana Confirmation Act - Confirms and extends Federal recognition and associated services and benefits to the Jena Band of Choctaw of Louisiana. Directs that the Tribe be governed by an Interim Council until the Secretary of the Interior, upon the written request of the Council, conducts an election to adopt a constitution for the Tribe, and for the election of tribal officials. Directs the Secretary of the Interior to negotiate an economic development plan with the Tribe.
Bill· HRH.R. 2321 (103rd)open
United States · United States Congress · 27 May 1993
TABLE OF CONTENTS: Title I: Death Penalty Title II: Habeas Corpus Subtitle A: General Habeas Corpus Reform Subtitle B: Death Penalty Litigation Procedures Title III: Exclusionary Rule Title IV: Firearms Subtitle A: Firearms and Related Amendments Subtitle B: Prohibited Gun Clips and Magazines Title V: Obstruction of Justice Title VI: Gangs and Juvenile Offenders Title VII: Terrorism Subtitle A: Aviation Terrorism Subtitle B: Maritime Terrorism Subtitle C: Terrorist Alien Removal Subtitle D: Terrorism Offenses and Sanctions Subtitle E: Antiterrorism Enforcement Provisions Title VIII: Equal Justice Act Title IX: Victims' Rights Comprehensive Violent Crime Control Act of 1993 - Title I: Death Penalty - Capital Punishment Procedures Act of 1993 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. (Sec. 102) Requires: (1) the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely; and (2) a separate sentencing hearing when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Sets forth: (1) mitigating and aggravating factors; and (2) special aggravating factors for espionage, treason, homicide, attempted murder of the President, and drug offenses punishable by the death penalty (including previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Sets forth procedures for: (1) appeal from a death sentence; and (2) implementation of such sentence. Provides for the imposition of the death penalty for specified offenses, including: (1) murder committed by prisoners in Federal prisons; (2) murder for hire; (3) murder in the aid of a racketeering activity; and (4) specified violations of the Controlled Substances Act, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act. Sets forth provisions regarding: (1) appointment of counsel; and (2) deadlines for collateral attacks on judgements imposing a sentence of death; and (3) stays of execution. Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1993 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 204) Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. (Sec. 205) Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a petition for habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1993 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. (Sec. 211) Requires a State in which capital punishment may be imposed to provide legal services to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate, collateral, or unitary review in State court; and (3) who have been sentenced to death and who seek certiorari review of State court judgments in the U.S. Supreme Court. Directs the State to establish an appointing authority, which shall: (1) publish a roster of attorneys qualified to be appointed in capital cases, procedures by which attorneys are appointed, and standards governing qualifications and performance of counsel; (2) monitor attorney performance; and (3) appoint a defense team to represent a client at the relevant stage of proceedings upon receiving notice of the need from the relevant state court. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court from entering a stay of execution or granting relief in a capital case unless specified conditions are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Title III: Exclusionary Rule - States that the Constitution does not require the exclusion from a criminal trial of evidence: (1) obtained in reasonable reliance on a search warrant issued by a detached and neutral magistrate who is not misled, even though the warrant is ultimately determined to be invalid; (2) the legal discovery of which was inevitable, even though the evidence was in fact discovered through constitutionally invalid means; or (3) for which a source exists that is independent of the source through which the evidence was in fact discovered through constitutionally invalid means. Title IV: Firearms - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to provide for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth various firearms related provisons, including the following. (Sec. 406) Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. (Sec. 408) Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. (Sec. 409) Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of possessing an explosive during certain felonies. Subtitle B: Prohibited Gun Clips and Magazines - Includes ammunition feeding devices (AFDs) within the definition of firearms for purposes of Federal firearms laws. Defines an AFD to include any detachable magazine, feed strip, or similar device which has a capacity of, or which can be readily converted to accept, more than 15 rounds of ammunition, with exceptions. (Sec. 434) Prohibits the transfer or possession of AFDs, with exceptions. Requires the Secretary of the Treasury to maintain a central registry of all such devices transferred after the enactment date of this Act which, after such transfer, are not under the control of the United States or any State or political subdivision. Specifies that such registry shall include: (1) identification of the device; (2) date of registration; (3) identification and address of the person entitled to possess the device; and (4) such other information as may be required by regulations promulgated by the Secretary. Establishes additional registration procedures. Requires all AFDs to be identified by a serial number and such other identification as the Secretary may prescribe. (Sec. 436) Provides for criminal penalties for violation of provisions of this Act relative to AFDs. (Sec. 437) Authorizes specified individuals engaged in the manufacture or importation of AFDs requiring a license to continue to engage in such business pending final action on the application. Title V: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. (Sec. 503) Includes State and local law enforcement officers assisting Federal officers or employees in the performance of their official duties within the scope of provisions setting penalties for individuals who kill or attempt to kill any U.S. judge, U.S. Attorney, or specified other classes of individuals. Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgment probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense. (Sec. 602) Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult. (Sec. 603) Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions. (Sec. 604) Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire. Title VII: Terrorism - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) disrupting the services of such airport, if such an act endangers or is likely to endanger safety. (Sec. 702) Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. (Sec. 717) Sets forth provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorist Alien Removal - Terrorist Alien Removal Act of 1993 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. (Sec. 724) Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public. Directs the Chief Justice of the United States to designate five district court judges from five of the U.S. judicial circuits who shall constitute a court with jurisdiction to conduct all matters and proceedings authorized under this title; and (2) provide for the maintenance of appropriate security measures to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information. Sets forth provisions with respect to the retention of an alien in custody, the deportation of such alien to the alien's or a third country, and the transfer of such alien to the custody of State authorities, as appropriate. Amends the Immigration and Nationality Act to: (1) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (2) set penalties for entering (or attempting to enter) the United States subsequent to exclusion or removal; and (3) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings. Subtitle D: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States; (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States; (3) committing certain homicides and attempted homicides involving firearms in Federal facilities; and (4) providing material support to terrorists. (Sec. 735) Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organizations statute. (Sec. 736) Authorizes the civil and criminal forfeiture of property used to commit specified terrorist and violent acts. (Sec. 737) Provides for enhanced penalties for specified offenses, such as fraud and misuse of visas, permits, and other entry documents. (Sec. 738) Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony that involves or is intended to promote international terrorism, with exceptions. Subtitle E: Antiterrorism Enforcement Provisions - Authorizes the Attorney General to award permanent residence or other status to an alien and his immediate family who is already present in the United States under specified circumstances, such as where necessary to protect the life of an individual who has cooperated with Federal law enforcement authorities, subject to certain numerical limitations. (Sec. 742) Amends the Alien Enemies Act to authorize the President, whenever invoking the authority contained in such Act as to aliens of a hostile nation or government and upon further determining that the United States may also be subject to actual, attempted, or threatened predatory incursions by aliens of other nations, to include within the terms of such Act (which provides for the apprehension, restraint, and removal of alien enemies) any or all other aliens within the United States as the President may designate. (Sec. 743) Authorizes the Director of the Federal Bureau of Investigation (FBI) to obtain (after submitting a written request) from a wire or electronic communications service provider subscriber information regarding a person or entity which is relevant to an authorized foreign counterintelligence investigation, where information available to the FBI indicates that there is reason to believe that communications facilities registered in the name of such person or entity have been used, through the services of such provider, in communication with a foreign agent or power. (Sec. 744) Amends the Consumer Credit Protection Act to require a consumer reporting agency to furnish a consumer report or other information requested in connection with an authorized foreign counterintelligence investigation to the FBI under specified conditions. (Sec. 745) Authorizes: (1) interceptions of communications (subject to approval by the appropriate Federal judge) under specified Federal provisions; (2) participation of foreign and State government personnel in interceptions; and (3) disclosure of intercepted communications, under specified circumstances, to foreign law enforcement officials. (Sec. 748) Extends the statute of limitations for specified terrorism offenses. Title VIII: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty; and (3) in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor, the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant and a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. (Sec. 804) Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified; and (2) the jury, upon the return of a recommendation of a sentence of death, to return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim. Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Authorizes imposition of the death penalty for violation of specified civil rights provisions, if death results. (Sec. 805) Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 to authorize drug control and system improvement grants to States to provide in all appropriate cases, particularly in collateral and other post-conviction proceedings, adequate resources and expertise to ensure that the death penalty is expeditiously carried out; and (2) specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) a State, territory, or district. Title IX: Victims' Rights - Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule. (Sec. 902) Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim.
Bill· HJRESH.J.Res. 203 (103rd)referred
United States · United States Congress · 26 May 1993
Constitutional Amendment - Establishes a four-year term of office for the House of Representatives (with a two-year first term for a portion of the Members elected under the first four-year election). Limits a person to: (1) two terms as a Senator; and (2) four terms, or three four-year terms, as a Member of the House. Prohibits a Member of the House from qualifying as a Senate candidate unless he or she: (1) is in the final year of House office; or (2) has resigned from the House.
Bill· SJRESS.J.Res. 96 (103rd)referred
United States · United States Congress · 20 May 1993
Constitutional Amendment - Authorizes the Congress to limit campaign expenditures of candidates for Federal office. Permits the States to limit expenditures of candidates for any other offices within their jurisdictions.
Bill· HJRESH.J.Res. 200 (103rd)referred
United States · United States Congress · 20 May 1993
Constitutional Amendment - Limits Members of the House of Representatives to five consecutive terms and Members of the Senate to two consecutive terms.
Bill· HJRESH.J.Res. 195 (103rd)referred
United States · United States Congress · 12 May 1993
Constitutional Amendment - States that the rights of a citizen to vote in a presidential election shall not be denied or abridged on account of residency in a U.S. territory.
Resolution· HCONRESH.Con.Res. 95 (103rd)referred
United States · United States Congress · 6 May 1993
Supports the efforts of the President to consult with congressional leaders regarding the introduction of U.S. armed forces into the former Yugoslavia. Finds that the Constitution vests all power to declare war and to authorize the use of force other than in self-defense in the Congress. Declares that the introduction of U.S. armed forces that are authorized to use military force in the former Yugoslavia, either individually or in conjunction with other countries or international organizations, should be explicitly approved by the Congress before such introduction.
Bill· SS. 898 (103rd)referred
United States · United States Congress · 5 May 1993
New Columbia Admission Act - Declares the State of New Columbia (presently, the District of Columbia) to be a State of the United States of America. Admits New Columbia into the Union on an equal footing with the other States in all respects. Reserves Federal title to certain lands and property in the National Capital Service Area. Directs the Governor to report to the Congress each fiscal year on the effects on the revenues and expenditures of the State because of the presence of the Federal Government's seat within or adjacent to it. Prohibits the State from changing any provision of its Constitution concerning height limitations on buildings without the consent of the Congress. Declares that nothing in this Act or the Constitution or laws of the State may be construed to permit it to refuse to allow an individual to serve as a qualified registered elector of the State solely because the individual resides in the National Capital Service Area. Sets forth election protocol for popular ratification of statehood. Provides for election of one member of the House of Representatives as well as two Senators. Maintains the laws that were territorially in effect. Continues any lawsuits already pending in District of Columbia courts. Establishes a Statehood Transition Commission.
Bill· SS. 881 (103rd)referred
United States · United States Congress · 4 May 1993
Amends the Elementary and Secondary Education Act of 1965 to reauthorize and revise the program for instruction on the history and principles of democracy in the United States. Requires the program to foster civic responsibility and continue and expand the educational activities of the We the People...The Citizen and the Constitution program. Allows the use of funds for advanced training of teachers in civics and government, after the education program has been implemented. Authorizes appropriations.