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Bill· SS. 2562 (103rd)referred
United States · United States Congress · 8 October 1994
Presidential Succession Clarification Act - Declares that for purposes of the 20th Amendment of the Constitution (with respect to presidential and vice presidential succession) a candidate for whom a majority of electors have cast their votes for President or Vice President shall be deemed to be "President- elect" or "Vice President-elect" from the time that the votes are cast, whether or not the candidate is living at the time the votes are counted in the Congress. Provides that if: (1) a major party candidate for the office of the President dies 14 or fewer days prior to the date specified for the appointment of electors of the President and Vice President, the electors shall be appointed in each State 14 days after the candidate's death; or (2) a leading candidate for the office of President dies 14 or fewer days prior to the date specified for the meeting of electors, the electors shall meet and give their votes 14 days after such candidate's death. Authorizes the House of Representatives, in the case of the death of any candidate from whom the House may choose a President after the right of choice has devolved upon them, to consider the designated running mate of the deceased candidate as the candidate's replacement for purposes of choosing a President. Permits the Senate, in the case of the death of any candidate from whom the Senate may choose the Vice President, to consider a candidate designated by the deceased candidate's political party as the candidate's replacement for purposes of choosing a Vice President.
Bill· SS. 2542 (103rd)referred
United States · United States Congress · 7 October 1994
Denali Mining Claims Act of 1994 - Directs the Secretary of the Interior to enter into expedited good-faith negotiations with all willing owners of mining claims within Denali National Park, Alaska, for the purpose of entering into voluntary land acquisition agreements to purchase such claims. Sets forth provisions regarding: (1) termination of negotiations; (2) negotiations concerning claims that are the subject of pending litigation; (3) information to be considered with respect to negotiations; (4) reports and appraisals; (5) dispute resolution; and (6) duties of the Secretary after the termination of negotiations. Directs the Secretary, upon determining with respect to a mining claim that it is not in the public interest to enter into the negotiations, to commence a declaration of takings procedure for a compensable taking under the Fifth Amendment of the Constitution. Grants the court the power to determine the date of the taking and the amount of compensation due to the parties in interest. Sets a deadline for applications for compensation of December 1, 1999. Specifies that if the owner of the mining claim objects to the application of procedures for a declaration of taking, the Secretary shall make an offer to the owner, subject to specified requirements. Requires the Secretary to: (1) publish in the Federal Register and in newspapers of general circulation in the five cities of Alaska with the greatest population the names of the owners of mining claims and the claims owned; and (2) provide to each owner, by certified mail, a notice of the provisions of this Act. Sets forth provisions regarding: (1) disputed ownership; and (2) the validity of unpatented mining claims.
Bill· HJRESH.J.Res. 428 (103rd)referred
United States · United States Congress · 7 October 1994
Constitutional Amendment - Empowers the Congress to enact and enforce laws prohibiting the desecration of the U.S. flag.
Bill· HJRESH.J.Res. 427 (103rd)referred
United States · United States Congress · 7 October 1994
Constitutional Amendment - Declares that no person who has been convicted in any jurisdiction of a criminal offense for which a penalty of six months' imprisonment or more may be imposed shall hold office as President, Vice President, Senator, Representative, or as any popularly elected official of the district constituting the seat of government or of any other territory of the United States not in a State.
Resolution· HRESH.Res. 577 (103rd)passed
United States · United States Congress · 7 October 1994
Returns to the Senate S. 1216 (Crow Boundary Settlement Act of 1994) because in the opinion of the House it contravenes the Constitution and infringes upon House privileges.
Law· SJRESS.J.Res. 229 (103rd)enacted
United States · United States Congress · 6 October 1994
Commends the men and women of the U.S. armed forces in Haiti. Expresses the sense of the Congress that: (1) the President should have sought congressional approval before deploying such forces; (2) the departure from power of the de facto authorities in Haiti and Haitian efforts to achieve national reconciliation, democracy, and the rule of law are in the best interests of the Haitian people; and (3) the President's lifting of the unilateral economic sanctions on Haiti and his efforts to bring about the lifting of economic sanctions imposed by the United Nations are appropriate. Supports a prompt and orderly withdrawal of all U.S. armed forces from Haiti as soon as possible. Requires the President to submit to the President pro tempore of the Senate and the Speaker of the House of Representatives: (1) a statement of the national security objectives to be achieved by Operation Uphold Democracy and a detailed description of U.S. policy, the military mission and general rules of engagement under which operations of U.S. armed forces are conducted in and around Haiti, including the role of such forces regarding Haitian on Haitian violence, and efforts to disarm Haitian military or police forces or civilians; and (2) changes or modifications to such objectives, policy, mission, or rules of engagement. Directs the President to report to the Congress on the situation in Haiti by November 1, 1994, including a listing of units of the U.S. armed forces participating in, and the estimated duration and costs of, Operation Uphold Democracy. Requires the Secretary of State to report to the Congress on: (1) the participation or involvement of any member of the Haitian Government in violations of internationally recognized human rights from December 15, 1990, to December 15, 1994; and (2) all agreements the United States has entered into with other nations, including any assistance pledged or provided, in connection with U.S. efforts in Haiti.
Bill· HJRESH.J.Res. 424 (103rd)referred
United States · United States Congress · 6 October 1994
Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit individual or group prayer in public schools or other public institutions. States that no person shall be required by the United States or any State to participate in prayer. Provides that neither the United States nor any State shall compose prayers to be said in public schools.
Bill· HRH.R. 5134 (103rd)referred
United States · United States Congress · 29 September 1994
TABLE OF CONTENTS: Title I: Eliminating Excessive and Redundant Appeals Title II: Reform of Exclusionary Rule Title III: Prisons Title IV: Enhanced Gun Penalties Title V: Death Penalty Title VI: Civil Rights of Institutionalized Persons Act Title VII: Conditions of Confinement Victims' Rights Act of 1994 - Title I: Eliminating Excessive and Redundant Appeals - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Establishes a two-year statute of limitations for Federal prisoners filing for collateral relief. (Sec. 106) Sets forth special habeas corpus procedures for cases brought by prisoners in State custody who are subject to a capital sentence, provided that: (1) a State establishes by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to such court or have otherwise become final; and (2) such rule or statute provides standards of competency for the appointment of counsel. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this title. 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. Authorizes the State or Government to enforce such time limits by applying to the court of appeals or the Supreme Court for a writ of mandamus. Title II: Reform of Exclusionary Rule - Amends the Federal criminal code to prohibit the exclusion of evidence obtained as a result of a search or seizure on the grounds that the search or seizure was in violation of the Fourth Amendment of the Constitution if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with such amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless expressly authorized by statute or rule prescribed by the Supreme Court pursuant to statutory authority. Title III: Prisons - Requires the Attorney General to implement and enforce regulations which: (1) mandate prison work for all able-bodied inmates in Federal penal and correctional institutions; and (2) prohibit the Government provision in inmates' cells of television, radio, telephone, stereo, or similar amenities. (Sec. 302) Directs the Bureau of Prisons to take care that: (1) prisoners under its jurisdiction do not engage in any activities designed to increase both their physical strength and their fighting ability; and (2) all equipment designed for this purpose be removed from Federal correctional facilities. Title IV: Enhanced Gun Penalties - Enhances penalties for persons convicted of using or carrying a firearm during and in relation to the commission of a felony. Title V: Death Penalty - Amends the Violent Crime Control and Law Enforcement Act of 1994 to revise procedures involving jury findings in capital cases. Directs the jury or, if there is no jury, the court to: (1) consider whether aggravating factors outweigh any mitigating factors; (2) recommend a sentence of death if it unanimously finds at least one aggravating factor and no mitigating factor or if it finds one or more aggravating factors which outweigh any mitigating factors; and (3) not recommend such sentence in any other case. Requires the jury to be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation concerning a sentence of death is to be based on the aggravating and mitigating factors found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgment. Title VI: Civil Rights of Institutionalized Persons Act - Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. Specifies that such exhaustion of administrative remedies may not be required unless the Attorney General has certified or the court has determined that such remedies are in substantial compliance with specified minimum acceptable standards (as under current law) or are otherwise fair and effective. (Sec. 602) Requires the court to dismiss any such action if satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. (Sec. 603) Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. (Sec. 604) Requires the Attorney General to develop a procedure for the prompt review and certification of systems for the resolution of grievances of adults confined in any correctional or pretrial detention facility if such systems are in substantial compliance with the minimum standards (current law) or are otherwise fair and effective. Authorizes the Attorney General to suspend or withdraw certification at any time he has reasonable cause to believe that such procedure is no longer in substantial compliance or is no longer fair and effective. (Sec. 605) Amends the Federal judicial code to authorize the court to request an attorney to represent a person financially unable to employ counsel (current law) at any time. Requires (current law authorizes) the court to dismiss the case if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious. Requires: (1) a prisoner in a correctional institution who files an affidavit of indigency to include a statement of all assets such prisoner possesses; and (2) the court to make inquiry of the institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Title VII: Conditions of Confinement - 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 issue or enforce any order that: (1) imposes a ceiling on the population of any institution or requires any adjustment of the release dates of inmates; or (2) prohibits the use of tents or prefabricated structures for housing inmates.
Bill· HJRESH.J.Res. 407 (103rd)referred
United States · United States Congress · 12 September 1994
Constitutional Amendment - Prohibits the denial or abridgement by the United States or by any State of the right of U.S. citizens to the free exercise of religion.
Bill· HRH.R. 5008 (103rd)referred
United States · United States Congress · 21 August 1994
TABLE OF CONTENTS: Title I: Grants for Correctional Facilities Title II: State and Local Law Enforcement Grants Title III: Protection Against Sexually Violent Predators Title IV: Eliminating Excessive and Redundant Appeals Title V: Reform of 'Exclusionary Rule' Title VI: Truth-In-Sentencing Title VII: Prison Work Required; Luxuries Abolished Title VIII: Improving Border Controls Title IX: Enhanced Gun Penalties Title X: Violent Crime Reduction Trust Fund Title XI: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies Back-To-Basics Crime Control Act of 1994 - Title I: Grants for Correctional Facilities - Directs the Attorney General to make grants to States to construct, expand, and improve prisons and jails. Authorizes specified sums to each State without conditions imposed by the Federal Government, except requirements to comply with this title and to use such funds exclusively for the construction of prisons and jails. Authorizes appropriations. Sets forth formulas for the distribution of funds in FY 1995 and in FY 1996 through 1999 based on violent crimes reported by the States to the Federal Bureau of Investigation (FBI). (Sec. 102) Specifies that 25 percent of total funds appropriated under this title shall be allocated to each eligible State according to a formula which takes into account the percentage change in the time to be served by persons convicted of violent crimes. Directs that States which have achieved a truth in sentencing standard of violent criminals serving 85 percent of prison time assessed receive the incentive funds, subject to specified requirements. Title II: State and Local Law Enforcement Grants - Requires the Attorney General to make grants to States to increase the number of law enforcement officers in service. Authorizes specified funds, without conditions imposed by the Federal Government (except that the funds be used exclusively to increase the number of law enforcement officers in service). Requires States to allocate 80 percent of their grants to local government for use by local law enforcement, as nearly as possible in proportion to the populations served by such local law enforcement agencies (LEAs). Title III: Protection Against Sexually Violent Predators - Directs the Attorney General to: (1) establish guidelines for State programs to require a sexually violent predator to register a current address with a designated State LEA upon being released from prison or being placed on parole or supervised release; and (2) approve each State program that complies with the guidelines. Makes States that do not implement and maintain such programs ineligible to receive ten percent of the funds that would otherwise be allocated to the State in drug control and system improvement grants under the Omnibus Crime Control and Safe Streets Act of 1968. Requires: (1) the determination that a person is, or is no longer, a sexually violent predator to be made by the sentencing court after receiving a report by a board of experts on sexual offenses; and (2) each State to establish a board composed of experts in the field of the behavior and treatment of sexual offenders. Sets forth provisions regarding: (1) notification regarding the duty of an offender to register and to provide any new address to a designated State LEA and of a State prison official to obtain specified information; (2) the transfer of information to the State LEA and to the FBI; (3) quarterly verification of the released offender's address; (4) penalties for failing to register and keep the registration current; (5) termination of the obligation to register; (6) community notification concerning a predator required to register; and (7) immunity for good faith conduct by LEAs, their employees, and State officials. Title IV: Eliminating Excessive and Redundant Appeals - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Establishes a two-year statute of limitations for Federal prisoners filing for collateral relief. (Sec. 406) Sets forth special habeas corpus procedures in capital cases brought by prisoners in State custody who are subject to a capital sentence. Makes such procedures contingent upon: (1) a State establishing by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post convictions and sentences have been upheld on direct appeal to such court or have otherwise become final; and (2) such rule or statute providing standards of competency for the appointment of counsel. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this title. 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 lime limits for determining petitions. Authorizes the State or Government to enforce such time limits by applying to the court of appeals or the Supreme Court for a writ of mandamus. Title V: Reform of 'Exclusionary Rule' - Amends the Federal criminal code to prohibit the exclusion of evidence obtained as a result of a search or seizure, in a proceeding in a court of the United States, on the grounds that the search or seizure was in violation of the Fourth Amendment of the Constitution if it was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with such amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence, in a proceeding in a U.S. court, on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title VI: Truth in Sentencing - Amends the Federal criminal code to permit the Bureau of Prisons to add, in its discretion, additional time to a prisoner's sentence of up to 15 percent of the prisoner's term for unsatisfactory behavior. Prohibits a sentence from being reduced for satisfactory behavior to a term less than the original sentence nominally imposed. Title VII: Prison Work Required; Luxuries Abolished - Directs the Attorney General to implement and enforce regulations which: (1) mandate prison work for all able-bodied inmates in Federal penal and correctional institutions; and (2) prohibit the Government provision in inmates' cells of television, radio, telephone, stereo, or similar amenities. (Sec. 702) Amends the Higher Education Act of 1965 to prohibit awards of Pell grants to prisoners in Federal or State penal institutions. Title VIII: Improving Border Controls - Authorizes appropriations. Authorizes and directs the Attorney General to use such funds to permit the commander of the Border Patrol to increase by at least 6,000 the number of border patrol agent positions above the number of such positions as July 1, 1994. (Sec. 802) Amends the Immigration and Nationality Act to provide for expedited deportation and exclusion of criminal aliens. Prohibits reentry of an alien into the United States during the minimum period of confinement to which the alien was sentenced. Authorizes the Attorney General to prescribe special regulations for the registration and fingerprinting of aliens on criminal probation or parole. Expands the definitions of "aggravated felony." (Sec. 805) Sets forth deportation procedures for certain criminal aliens who are not permanent residents. Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable under provisions relating to conviction of an aggravated felony if requested prior to sentencing by the U.S. Attorney. (Sec. 807) Restricts defenses to deportation for certain criminal aliens. Enhances penalties for failing to depart or reentering after a final order of deportation. (Sec. 810) Authorizes appropriations for a criminal alien information system. Title IX: Enhanced Gun Penalties - Amends the Federal criminal code to enhance penalties imposed upon persons convicted of using or carrying a firearm during and in relation to the commission of a felony. (Sec. 902) Sets a mandatory minimum sentence for unlawful possession of a firearm by a convicted felon, fugitive from justice, addict or unlawful user of a controlled substance, or transferor or receiver of a stolen firearm. (Sec. 903) Increases the general penalty for violation of Federal firearms laws. Title X: Violent Crime Reduction Trust Fund - Establishes a Violent Crime Reduction Trust Fund as a separate account in the Treasury into which shall be transferred savings realized from implementation of provisions of the Federal Workforce Restructuring Act of 1994. Sets forth provisions regarding: (1) transfers into, and appropriations from, the Fund; (2) annual reporting requirements on the status of the Fund; and (3) allocation of sums in the Fund. Extends authorizations of appropriations for fiscal years for which the full amount authorized is not appropriated. Title XI: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies - Amends the Federal criminal code to provide for mandatory life imprisonment for persons convicted in Federal court of a serious violent felony if: (1) the person has been convicted (and the conviction has become final) on separate prior occasions in a Federal or State court of two or more serious violent felonies, or one or more serious violent felonies and one or more serious drug offenses; and (2) each serious violent felony or serious drug offense used as a basis for sentencing under this title, other than the first, was committed after the defendant's conviction of the preceding serious violent felony or serious drug offense. Sets forth provisions regarding: (1) persons subject to the criminal jurisdiction of an Indian tribal government; and (2) resentencing upon the overturning of a prior conviction. (Sec. 1102) Prohibits the court from reducing the sentence of a defendant unless specified conditions are met, including that defendant is at least age 70, has served at least 30 years in prison for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community.
Bill· HRH.R. 4999 (103rd)open
United States · United States Congress · 19 August 1994
Civil Rights Commission Amendments Act of 1994 - Renames the United States Commission on Civil Rights Act of 1983 the Civil Rights Commission Act of 1983 and makes the following changes. Provides that: (1) the initial membership of the Commission shall be the members of the Commission on the day before the enactment of this Act, and thereafter persons shall continue to be appointed to vacancies according to a specified formula; and (2) the term of each member shall be six years and the current staggering of terms shall continue. Sets forth provisions regarding: (1) the Chairperson and Vice Chairperson; (2) removal of members; and (3) a quorum. Directs the Commission to: (1) investigate allegations in writing under oath or affirmation relating to deprivations because of color, race, religion, sex, age, disability, or national origin, or as a result of any pattern or practice of fraud, of the right of U.S. citizens to vote and have votes counted; and (2) study and collect information relating to, make appraisals of, serve as a national clearinghouse for information relating to, and prepare public service announcements and advertising campaigns to discourage discrimination or denials of equal protection of the laws under the Constitution because of color, race, religion, sex, age, disability, or national origin, or in the administration of justice. Specifies that nothing in this or any other Act shall be construed as authorizing the Commission, its advisory committees, or any person under its supervision or control to study and collect, make appraisals of, or serve as a clearinghouse for information about Federal laws and policies regarding abortion. Sets forth provisions regarding: (1) reports; (2) advisory committees; (3) hearings and ancillary matters; and (4) administrative provisions. Authorizes appropriations. Terminates such Act on September 30, 1995.
Bill· SS. 2389 (103rd)referred
United States · United States Congress · 15 August 1994
Habeas Corpus Reform Act of 1994 - Amends the Federal judicial code to provide special habeas corpus procedures in cases brought by prisoners in State custody subject to a capital sentence if a State establishes by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel for such persons who are indigents charged with offenses for which capital punishment is sought or indigents who have been sentenced to death and who seek appellate or collateral review in State court or certiorari review in the U.S. Supreme Court. Requires a warrant or order setting an execution date for a State prisoner, upon the entry in the appropriate State court of record of an order apointing counsel, to be stayed upon application to any court that would have jurisdiction over any proceedings filed pursuant to pertinent provisions of the judicial code. Specifies conditions under which a stay shall expire. Denies a Federal court the authority to enter a stay of execution or grant relief in a capital case if any of such conditions are satisfied, unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in State or Federal courts and the failure to raise the claim is either the result of State action in violation of the Constitution or Federal law, the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal postconviction review; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt of the offense for which the death penalty was imposed or in the validity of the sentence of death. Sets forth provisions regarding: (1) time requirements and the tolling rule for the filing of such habeas corpus petitions; (2) inapplicability of the requirement of a certificate of probable cause in order to appeal a habeas corpus case subject to this Act; and (3) counsel appointed in capital cases (including rules regarding previous counsel, ineffectiveness of counsel, certification standards or qualifications for counsel appointed pursuant to this Act, and attorney compensation).
Resolution· HRESH.Res. 518 (103rd)passed
United States · United States Congress · 12 August 1994
Returns to the Senate amendments to H.R. 4554 (Agriculture, Rural Development, Food and Drug Administration, and related agencies appropriations) because, in the opinion of the House of Representatives, it contravenes the Constitution and infringes on the privileges of the House.
Bill· SS. 2377 (103rd)referred
United States · United States Congress · 10 August 1994
National Voter Opportunity To Inform Congress Effectively on Term Limits Act (VOICE Act) - Requires the Clerk of the House of Representatives and the Secretary of the Senate to certify to appropriate State agencies for inclusion on the 1994 general election ballot in each congressional district a national advisory referendum that asks whether the Congress should propose a constitutional amendment to limit the number of terms that a Member of Congress can serve in office. Requires each State to place such question on the ballot. Requires the results of each State's non-binding referendum on the advisory question to be certified by the State election agency to the Clerk of the House and the Secretary of the Senate in the manner and at the same time of the certification of election of Members of the Congress for the general election. Requires the House and Senate Judiciary Committees, in light of the non binding referendum results, to examine whether the Congress should propose an amendment to the Constitution providing for term limits and submit their recommendations for response to the Congress within six months after the general election. Requires the State election agencies to forward to the Clerk of the House and the Secretary of the Senate their comments or suggestions regarding changes or improvements in procedures for conducting national non-binding referenda in future general elections. Requires: (1) the costs of including the advisory question required by this Act to be reimbursed by the United States upon submission by the State election agency of the actual costs of conducting the non-binding referendum in the State; and (2) such reimbursements to be made from the franking accounts of the Congress divided equally between the two Houses. Makes the Clerk of the House and the Secretary of the Senate responsible for ensuring the proper application for and reimbursement of such expenses.
Bill· HRH.R. 4891 (103rd)open
United States · United States Congress · 3 August 1994
United States China Policy Act of 1994 - Affirms the President's policy and makes specified recommendations for the conduct of U.S. policy toward China, including those for promoting human rights. Makes it U.S. policy to promote: (1) an effective legal system based on the rule of law; (2) respect for human rights; (3) the emergence of civil society; and (4) the creation of institutions that provide humane and effective governance. Earmarks U.S. Information Agency funds to carry out such objectives. Makes additional funds available for international broadcasting to China. Expresses the sense of the Congress that, in the event that international humanitarian organizations undertake activities in China related to the treatment of prisoners, the President should make available an additional contribution to such organizations to support such activities. Endorses President Clinton's efforts to work with U.S. business leaders to develop voluntary principles to advance human rights in China and commends U.S. companies that have adopted such principles. Urges the President to encourage other governments to adopt similar principles. Authorizes the President to establish a U.S. commission on law and society in the People's Republic of China.
Bill· HJRESH.J.Res. 396 (103rd)referred
United States · United States Congress · 1 August 1994
Constitutional Amendment - Limits citizenship at birth to persons born in the United States to a mother or father who is a U.S. citizen.
Bill· HRH.R. 4848 (103rd)referred
United States · United States Congress · 28 July 1994
TABLE OF CONTENTS: Title I: Public Safety and Policing Subtitle A: Cops on the Beat Subtitle B: Safe Schools Subtitle C: Criminal Street Gangs; Crimes Against Children; Parental Accountability Subtitle D: Punishment of Serious Juvenile Offenders Title II: State Prison Construction Grants Title III: Elimination of Delays in Carrying Out Sentences Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform Subtitle B: Special Procedures for Collateral Proceeding in Capital Cases Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases Title IV: Two Strikes, You're Out Title V: Taking Prisoners Off the Streets Subtitle A: Expanding Prison Capacity Subtitle B: Restriction on Court Jurisdiction Subtitle C: Limitation of Prisoners' Rights Subtitle D: Prison Governance Title VI: Victims Rights Subtitle A: Generally Subtitle B: Admissibility of Evidence Subtitle C: Good Faith Exemption to the Exclusionary Rule Title VII: Protection of Women Subtitle A: Spouse Abuse and Stalking Subtitle B: Victims of Sexual Violence Subtitle C: Punishment of Sex Offenders Subtitle D: Rural Domestic Violence and Child Abuse Enforcement Title VIII: Criminal Aliens and Alien Smuggling Subtitle A: Deportation of Criminal Aliens Subtitle B: Prevention and Punishment of Alien Smuggling Title IX: Instant Check, Rural Drug Task Forces, and Enhanced Drug Penalties Subtitle A: Instant Check System for Handgun Purchases Subtitle B: Drug Trafficking in Rural Areas Subtitle C: Miscellaneous Title X: Miscellaneous Title XI: Penalties for Harassment or Obstruction of Lawful Hunting Title XII: Violent Crime Reduction Trust Fund People's Protection Crime Control Act of 1994 - Title I: Public Safety and Policing - Subtitle A: Cops on the Beat - Public Safety Partnership and Community Policing Act of 1994 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Attorney General to make grants to units of State and local government, and to other public and private entities, to increase police presence, expand and improve cooperative efforts between law enforcement agencies (LEAs) and members of the community to address crime and disorder problems, and otherwise enhance public safety. Permits such grants to be used for programs, projects, and other activities to rehire law enforcement officers who have been laid off as a result of State and local budget reductions and to hire new, additional career law enforcement officers and former members of the armed forces as career law enforcement officers, for deployment in community-oriented policing. Sets forth provisions regarding: (1) additional authorized grant projects involving police and community interaction; (2) preferential consideration for certain grants; (3) technical assistance; (4) matching funds; (5) fund allocation; (6) the termination of grants for hiring officers; (7) application requirements; (8) review of applications by a designated State office; (9) grant renewal; (10) limits on use of funds; (11) performance evaluation; (12) revocation or suspension of funding; and (13) access by the Attorney General and Comptroller General to documents. Authorizes appropriations. Subtitle B: Safe Schools - Amends the Controlled Substances Act (CSA) to increase penalties for drug trafficking in or near schools. (Sec. 112) 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 LEAs of Federal safe school districts to pay for enhanced school security measures. (Sec. 113) Increases penalties for violation of the Gun-Free School Zones Act. Subtitle C: Criminal Street Gangs; Crime Against Children; Parental Accountability - 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. 122) 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. (Sec. 125) Amends the Federal criminal code to require the parent or legal guardians of a juvenile charged with any violation of Federal law to attend all court proceedings involving the juvenile (attendance provision), with exceptions. Makes the parents or legal guardians of a juvenile who has been convicted of a criminal offense under any Federal law liable to the United States for a civil penalty of not more than $10,000, with exceptions. Authorizes the court to decline to enforce the attendance provision if it would cause undue hardship or to impose such penalty if the court determines that the parents or legal guardians exercised reasonable care, supervision, and control of the juvenile and counseled the juvenile that criminal activity is unacceptable. Sets forth provisions regarding the amount of civil penalties. Permits a parent or legal guardian ordered to pay the penalty to petition the court to perform community service or attend and successfully complete parenting classes in lieu of such penalty. (Sec. 126) Provides for imposition of the death penalty for murder during the sexual exploitation of children. (Sec. 127) Increases penalties for sex offenses against victims below age 16. (Sec. 128) Sets penalties for international trafficking in child pornography. (Sec. 129) Requires: (1) the Attorney General to establish guidelines for State legislation that prohibits the production, distribution, receipt, or possession of materials depicting a person under age 18 engaging in sexually explicit conduct and that provides for a maximum imprisonment of at least one year and for the forfeiture of assets used in, or gained from, such offenses; and (2) 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. 130) 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. 131) 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. 132) 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. 133) Directs the Sentencing Commission to: (1) amend the sentencing guidelines to increase by at least four levels the base offense level for sexual abuse offenses; and (2) review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses. (Sec. 134) Provides for interstate enforcement of child support orders. (Sec. 135) Amends the Social Security Act to require that procedures by which information regarding the amount of overdue child support owed by an absent parent residing in the State be made available to any consumer reporting agency (currently, at the request of such agency). Repeals a provision authorizing the State to impose a fee for furnishing the information. (Sec. 136) 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. 139) 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. (Sec. 140) 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 the prosecution as adults of violent 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: State Prison Construction Grants - Authorizes the Attorney General to provide grants to States to build, expand, or operate space in correctional facilities in order to increase prison bed capacity. (Sec. 202) Sets forth formulas for the distribution of Federal funds in FY 1995 through 1999 based on the number of violent crimes reported by the States to the FBI. Allocates 25 percent of the total amount of funds appropriated under this title in each of FY 1996 through 1999 to States which make specified changes to State laws and regulations, such as inclusion of: (1) truth in sentencing laws which require persons convicted of violent crimes to serve not less than 85 percent of the sentence imposed; (2) mandatory prison sentences for persons convicted of the most serious violent crimes; (3) pretrial detention for those whose release can be shown to pose a danger to any other person or the community; and (4) the requirement that a juvenile who was age 13 or older on the date of the commission of a violent felony be prosecuted as an adult. (Sec. 203) Authorizes appropriations, subject to specified limitations. Title III: 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. 302) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. (Sec. 304) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. (Sec. 305) Imposes a one-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, including provisions governing: (1) appointment of counsel; (2) stays of execution; (3) filing of a habeas corpus petition; (4) State unitary review procedures applicability; and (5) time limits for determining such a petition or a motion to correct a sentence. Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of the Bureau of Justice Assistance to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Title IV: Two Strikes, You're Out - Directs the court, in the case of a conviction for a Federal violent felony, to sentence the defendant to prison for life if the defendant has previously been convicted of one or more other violent felonies (and if a death results, subjects the defendant to the death penalty). Title V: Taking Prisoners Off the Streets - Subtitle A: Expanding Prison Capacity - Amends the Davis-Bacon Act to make provisions concerning the rate of wages for laborers and mechanics inapplicable to prison construction. Subtitle B: Restriction on Court Jurisdiction - 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. Subtitle C: Limitation of Prisoners' Rights - Amends the Civil Rights of Institutionalized Persons Act to prohibit an adult who is convicted of a crime and confined in any correctional facility from bringing a civil action for deprivation of rights until available plain, speedy, and effective administrative remedies are exhausted. Specifies that such exhaustion of remedies may not be required unless the Attorney General has certified, or the court has determined, that such remedies are in substantial compliance with specified minimum acceptable standards (as under current law) or are otherwise fair and effective. Applies such standard to review and certification procedures under the Act. Directs the court, on its own motion or on motion of a party, to dismiss specified actions brought by an adult convicted of a crime and confined in any correctional facility if the court is satisfied that the action: (1) fails to state a claim upon which relief can be granted; or (2) is frivolous or malicious. Repeals a provision of such Act requiring that the minimum standards provide for an advisory role for employees and inmates of a correctional facility in the formulation, implementation, and operation of the system for resolution of inmate grievances. (Sec. 515) Amends the Federal judicial code to require the court to dismiss a case in a forma pauperis proceeding if the allegation of poverty is untrue or if the action fails to state a claim upon which relief may be granted or is frivolous or malicious, even if partial filing fees have been imposed by the court. Requires a prisoner in a correctional institution to include in a filed affidavit a statement of all assets such prisoner possesses. Directs the court to ask the correctional institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Subtitle D: Prison Governance - Amends the Federal criminal code to authorize corporal punishment for the discipline of Federal prisoners convicted of crime who commit serious infractions of prison policy or rules regarding inmate behavior. (Sec. 522) Requires the Director of the Bureau of Prisons to develop and implement a Federal prison housing plan that provides three levels of prisoner housing quality, amenities, and privileges, as incentive awards directly related to the degree of prison-related work in which each inmate voluntarily participates. Title VI: Victims Rights - Subtitle A: Generally - Amends the Federal criminal code to require the Bureau of Prisons to provide 30 days' notice before the release of a prisoner to: (1) the judge, jury, attorneys, victims, and victims' family members in the case in which the prisoner was convicted; and (2) the local authorities in the place of conviction. (Sec. 602) Directs (current law authorizes) the court, when sentencing a defendant convicted of an offense under the Federal criminal code or under specified provisions of the Federal Aviation Act of 1958, to order that the defendant make restitution to any victim of the offense. Authorizes the court to further order restitution of any person who was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant related to the offense. Directs the court to order restitution of the full amount of the victim's losses without consideration of: (1) the economic circumstances of the offender; or (2) the victim's compensation with respect to a loss from insurance or any other source. Sets forth provisions regarding: (1) the manner of and schedule for restitution; (2) circumstances in which there is more than one offender or more than one victim; (3) the effect of compensation from insurance or other sources; (4) setoffs; (5) compliance with a restitution order as a condition of probation, parole, or other form of release; (6) enforcement of a restitution order; and (7) procedures for issuing an order of restitution. (Sec. 603) 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. 605) 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. 612) 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 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. Subtitle C: Good Faith Exemption to the Exclusionary Rule - Specifies that evidence shall not be excluded on the ground that a 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. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Specifies that evidence shall not be excluded in a proceeding in a court of the United States on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by rule prescribed by the Supreme Court pursuant to statutory authority. Title VII: 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. 712) Authorizes the restitution of victims of sex offenses. (Sec. 713) 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. 722) Increases penalties for recidivist sex offenses. (Sec. 723) Directs the Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses. (Sec. 724) 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. Subtitle D: Rural Domestic Violence and Child Abuse Enforcement - Authorizes the Attorney General to make grants to State and local governments and other public or private entities of rural States to: (1) implement, expand, and establish cooperative efforts and projects between law enforcement officers, prosecutors, victim advocacy groups, and other related parties to investigate and prosecute incidents of domestic violence and child abuse; (2) provide treatment and counseling to victims of domestic violence and child abuse; and (3) work in cooperation with the community to develop education and prevention strategies directed toward such issues. Authorizes appropriations. Title VIII: Criminal Aliens and Alien Smuggling - Subtitle A: Deportation of Criminal Aliens - Amends the Immigration and Nationality Act (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. 802) Authorizes the registration of aliens on criminal probation or criminal parole within the United States. (Sec. 803) Expands the definition of "aggravated felony" to include illicit trafficking in explosive materials and a crime of violence for which the term of imprisonment is at least five years. (Sec. 804) 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. 805) 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. 806) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 807) Enhances penalties for failing to depart or for reentering after a final order of deportation. Limits collateral attacks on deportation orders. (Sec. 809) 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. 813) Includes alien smuggling as a predicate to an offense under RICO. (Sec. 814) Increases penalties for: (1) employers who knowingly employ smuggled aliens; and (2) bringing in and harboring certain aliens. (Sec. 816) Subjects any property which facilitates or which has been used for smuggling or harboring illegal aliens to forfeiture. (Sec. 817) Directs the Attorney General to enter into a contract which provides for compensation to a State or political subdivision with respect to the incarceration of an undocumented criminal alien who has been convicted of a felony. Specifies the method for determining compensation. Title IX: Instant Check, Rural Drug Task Forces, and Enhanced Drug Penalties - Subtitle A: 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. 904) 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. 905) 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. 906) 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. 907) Sets forth provisions regarding: (1) access to State criminal records; and (2) funding for improvements in State records systems. (Sec. 910) Authorizes appropriations. Subtitle B: Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations and increase the base allocation for rural drug enforcement assistance. (Sec. 912) Directs the Attorney General to establish a Rural Crime and Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies that assets seized as a result of investigations initiated by such a task force shall be used primarily to enhance the operations of the task force and its participating State and local LEAs. (Sec. 913) Authorizes the Attorney General to cross-designate up to 100 law enforcement officers with jurisdiction to enforce CSA provisions on non-Federal lands and the Federal criminal code to the extent necessary to effect the purposes of this Act. Directs the Attorney General to ensure that each of the task forces are adequately staffed with investigators. (Sec. 914) Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course for training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations and the hiring of additional Drug Enforcement Administration agents. Subtitle C: Miscellaneous - Enhances penalties for drug trafficking in prisons. (Sec. 922) Amends the CSA and the Controlled Substances Import and Export Act to reduce the amount of cocaine involved in an offense which is necessary to trigger specified penalties. Subjects a person convicted for the possession of a mixture or substance which contains cocaine (currently, cocaine base) to specified penalties. Directs the Sentencing Commission to promulgate necessary amendments to conform the sentencing guidelines to the amendments made by this section. Title X: Miscellaneous - Amends the Higher Education Act of 1965 to prohibit the award of Pell grants to any individual incarcerated in a Federal or State penal institution. (Sec. 1002) Makes a person who is incarcerated in a Federal or State penal institution ineligible for any professional or commercial license provided by any agency or authority of the United States. (Sec. 1003) Amends the Social Security Act to make certain limitations on, and requirements regarding, the payment of Old Age, Survivors, and Disability Insurance Benefits to prisoners applicable to individuals convicted of any criminal offense (currently, a felony). (Sec. 1004) Sets limitations on the use of veterans' educational assistance by prisoners. Makes such limits inapplicable with respect to any period during which a person is participating in a work-release program or is residing in a halfway house. Title XI: Penalties for Harassment or Obstruction of Lawful Hunting - Recreational Hunting Safety and Preservation Act of 1994 - Makes it unlawful to intentionally obstruct a lawful hunt on Federal lands. (Sec. 1105) Establishes: (1) civil penalties for such violations; (2) procedures for individual and Government agent complaints; and (3) permitted uses of collected penalty money. (Sec. 1106) Authorizes injunctive relief. Permits an affected individual or sportsman's organization to bring a civil action to recover actual and punitive damages and attorney's fees. (Sec. 1107) Specifies that: (1) this title is not intended to preempt a State law or local ordinance that provides for civil or criminal penalties for a person who obstructs or otherwise interferes with a lawful hunt; and (2) the bringing of an action pursuant to this title shall not prevent an independent action against a person under a State law or local ordinance. Title XII: Violent Crime Reduction Trust Fund - Directs the President, through the Office of Management and Budget (OMB), to ensure that the number of full-time equivalent positions in all Federal agencies does not exceed specified limits during FY 1994 through 1998. (Sec. 1203) Establishes within the Treasury a Violent Crime Reduction Trust Fund. Requires specified amounts saved from the reduction in Federal positions to be deposited in the Fund. (Sec. 1204) Requires the Director of OMB to reduce certain discretionary spending limits set forth in the Congressional Budget Act for FY 1994 through 1998 as specified.
Bill· HJRESH.J.Res. 394 (103rd)referred
United States · United States Congress · 28 July 1994
Human Life Protection Act - Declares that all human beings, from the moment of conception and without regard to age, health, or condition of dependency, are persons entitled to the guarantees in the fifth, thirteenth, and fourteenth amendments to the U.S. Constitution. Prohibits abortion in the United States and grants the Congress and the States concurrent enforcement power.
Resolution· HRESH.Res. 486 (103rd)passed
United States · United States Congress · 21 July 1994
Returns to the Senate S. 729 (amending the Toxic Substances Control Act to reduce the levels of lead in the environment) because in the opinion of the House of Representatives it contravenes the U.S. Constitution and infringes on the privileges of the House.
Resolution· HRESH.Res. 487 (103rd)passed
United States · United States Congress · 21 July 1994
Returns S. 1030 (Veterans Health Programs Improvement Act of 1994) to the Senate because, in the opinion of the House of Representatives, it contravenes the Constitution and infringes on the privileges of the House.
Law· HJRESH.J.Res. 390 (103rd)enacted
United States · United States Congress · 19 July 1994
Designates September 17, 1994, as Constitution Day.
Resolution· HRESH.Res. 479 (103rd)passed
United States · United States Congress · 14 July 1994
Returns to the Senate H.R. 4539 (Treasury and Postal Service appropriations) with Senate amendments thereto because, in the opinion of the House of Representatives, it contravenes the Constitution and infringes on the privileges of the House.
Bill· SJRESS.J.Res. 206 (103rd)referred
United States · United States Congress · 29 June 1994
Designates September 17, 1994, as Constitution Day.
Bill· HRH.R. 4637 (103rd)referred
United States · United States Congress · 23 June 1994
Prohibits any political jurisdiction from intentionally creating any electoral district in order to prevent or assure a majority in such district of people of a particular race, color, national origin, or who speak a particular language.
Bill· SJRESS.J.Res. 199 (103rd)referred
United States · United States Congress · 14 June 1994
Constitutional Amendment - Prohibits the denial or abridgement by the United States or by any State of the right of U.S. citizens to the free exercise of religion.
Bill· HRH.R. 4490 (103rd)open
United States · United States Congress · 25 May 1994
Amends Federal law to authorize appropriations for and extend the Administrative Conference of the United States through FY 1998. Revises the Conference Chairman's compensation to set it at level III of the Executive Schedule. Declares that Conference members shall participate in Conference activities solely as private individuals without official responsibility on behalf of the U.S. Government and, therefore, shall not be considered to hold an office of profit or trust for purposes of the eighth clause of Section 9 of Article I of the Constitution (thus permitting them, without the consent of the Congress, to accept any present, emolument, office, or title of any kind whatever from any king, prince, or foreign state).
Resolution· HRESH.Res. 432 (103rd)referred
United States · United States Congress · 23 May 1994
Requires the House of Representatives, when the legislatures of an additional three States ratify the Equal Rights Amendment, to take any legislative action necessary to verify the ratification of the Amendment as a part of the Constitution.
Bill· HJRESH.J.Res. 368 (103rd)referred
United States · United States Congress · 20 May 1994
Constitutional Amendment - Establishes a four-year term of office for Members of the House of Representatives following the next reapportionment of Representatives. Requires Districts for the elections of Representatives of each State to be numbered consecutively corresponding to the number of Representatives to which such State is entitled. Requires a Representative who officially declares candidacy for another elected office of which the term begins before his or her term as Representative ends to resign from the office of Representative.
Bill· HRH.R. 4423 (103rd)referred
United States · United States Congress · 12 May 1994
National Firearms Policy Commission Act - Establishes a National Firearms Policy Commission to formulate a national firearms policy and develop recommendations for legislation designed to control crime without violating rights provided by the Second Amendment to the Constitution.
Bill· SS. 2082 (103rd)open
United States · United States Congress · 5 May 1994
TABLE OF CONTENTS: Title I: Intelligence Activities Title II: Central Intelligence Agency Retirement and Disability System Title III: General Provisions Title IV: Central Intelligence Agency Title V: Department of Defense Title VI: Federal Bureau of Investigation Intelligence Authorization Act for Fiscal Year 1995 - Title I: Intelligence Activities - Authorizes appropriations for FY 1995 for the conduct of the intelligence activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense (DOD); (3) Defense Intelligence Agency (DIA); (4) National Security Agency (NSA); (5) National Reconnaissance Office; (6) Departments of the Army, Navy, and Air Force; (7) Department of State; (8) Department of the Treasury; (9) Department of Energy; (10) Federal Bureau of Investigation (FBI); and (11) Central Imagery Office (established under this Act). (Sec. 102) Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1995, for such conduct are those specified in the classified Schedule of Authorizations prepared by the conference committee to accompany S. 2082 of the 103d Congress. (Sec. 103) Permits the Director of Central Intelligence (DCI) to authorize the employment of civilian personnel in excess of the number authorized for FY 1995 if such action is necessary to the performance of important intelligence functions, subject to specified limitations. Directs the DCI to promptly notify the House and Senate intelligence committees whenever the DCI exercises such authority. (Sec. 104) Authorizes appropriations for the Community Management Account of the DCI for FY 1995, with funds for the Advanced Research and Development Committee and the Environmental Task Force remaining available until September 30, 1996. Authorizes 221 full-time personnel for the Account as of September 30, 1995. Requires any officer or employee of the United States or a member of the armed forces who is detailed to the Account from another element of the Government during FY 1995 to be detailed on a reimbursable basis, with exceptions. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1995. Title III: General Provisions - Authorizes amounts to be appropriated in addition to sums authorized for salary, pay, retirement, and other benefits of Federal employees as necessary to cover increases in those benefits authorized by law for FY 1995. (Sec. 302) Specifies that the authorizations of appropriations contained in this Act do not constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. (Sec. 303) Repeals a provision of the Intelligence Authorization Act for FY 1987 restricting intelligence cooperation with South Africa. (Sec. 304) Requires the DCI to submit to the intelligence committees a report setting forth a legislative proposal, coordinated as appropriate with elements of the intelligence community, which would provide for mandatory retirement for expiration of time in class comparable to provisions of the Foreign Service Act of 1980 for all civilian employees of the CIA, NSA, DIA, and the intelligence elements of the Army, Navy, Air Force, and Marine Corps. Title IV: Central Intelligence Agency - Amends the Central Intelligence Agency Act of 1949 to repeal a limitation on the payment of travel expenses and the cost of treatment of illness or injury requiring hospitalization of an officer or full time employee of the CIA where such illness or injury is the result of vicious habits, intemperance, or misconduct. (Sec. 402) Provides for the appointment by the President, by and with the advice and consent of the Senate, of a General Counsel of the CIA from civilian life to be the chief legal officer of the CIA. Title V: Department of Defense - Amends the National Security Act of 1947 to provide for a Central Imagery Office (Office) (currently, central imagery authority). Authorizes the Secretary of Defense to exercise certain authorities pertaining to civilian officers and employees in DIA with respect to such officers and employees of the Office. Specifies that: (1) civilian personnel administrative support for officers and employees of the Office shall remain a responsibility of DIA; and (2) certain authority provided regarding civilian officers and employees of the Office may be delegated by the Secretary of Defense only to the Deputy Secretary of Defense. (Sec. 502) Authorizes the Secretary of Defense to withhold from public disclosure any geodetic product in the possession or under the control of DOD that contains information that the Director of the Defense Mapping Agency has determined in writing would, if disclosed, jeopardize or interfere with ongoing military or intelligence operations. (Sec. 503) Authorizes the Secretary to expend specified funds to establish a National Public Information Center to: (1) survey, collect, store, distribute, and present unclassified information; (2) provide support for training in decisionmaking and for professional education in DOD and the intelligence community; and (3) inform more broadly the American public. Title VI: Federal Bureau of Investigation - Amends the Fair Credit Reporting Act to require a consumer reporting agency to furnish a consumer report to the FBI when presented with a written request signed by the Director of the FBI which certifies compliance with this title. Authorizes the Director to make such a certification only upon determining in writing that: (1) such records are necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or agent. Sets forth provisions regarding: (1) identifying information; (2) confidentiality; (3) payment of fees; (4) limits on dissemination; and (5) reporting requirements. Provides for damages and disciplinary actions for any Government agency or department obtaining or disclosing consumer information in violation of this Act. Makes remedies and sanctions under this title the only judicial remedies and sanctions for such violations. Authorizes injunctive relief. Authorizes recovery of costs in the event of a successful action.
Law· HRH.R. 4299 (103rd)enacted
United States · United States Congress · 26 April 1994
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 1995 - Title I: Intelligence Activities - Authorizes appropriations for FY 1995 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 appropriations for FY 1995 for the Community Management Account of the Director of Central Intelligence. Authorizes full-time personnel for such Account. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1995. 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· HRH.R. 4210 (103rd)open
United States · United States Congress · 14 April 1994
NATO Expansion Act of 1994 - Expresses the sense of the Congress with respect to NATO membership of Poland, Hungary, the Czech Republic, and Slovakia. Authorizes the President to establish a program to assist the transition to full NATO membership for Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated pursuant to this Act. Permits the President to provide specified security assistance to such countries, including excess defense articles, economic support fund assistance, international military education and training, and foreign military financing. Authorizes the President to provide additional assistance from the Nonproliferation and Disarmament Fund and Countries in Transition accounts. Permits the President to designate other European countries emerging from communist domination to receive assistance under this Act if he reports to the appropriate congressional committees that such countries: (1) have made significant progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law; and (2) are likely to be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area. Authorizes the President to confer, pursuant to agreement with any country eligible to participate in the Partnership for Peace, rights with respect to the military and related civilian personnel and activities of that country in the United States comparable to those conferred by that country with respect to the United States.
Bill· HRH.R. 4197 (103rd)open
United States · United States Congress · 13 April 1994
TABLE OF CONTENTS: Title I: Punishing Violent Crime Subtitle A: Violent Felonies and Drug Offenses Subtitle B: Capital Offenses Subtitle C: Enhanced Penalties for Criminal Use of Firearms and Explosives Subtitle D: Miscellaneous Title II: Equal Protection for Victims Subtitle A: Victims' Rights Subtitle B: Judicial Reform Title III: Protecting Families and Communities Subtitle A: Safe Neighborhoods Subtitle B: Crimes Against Children Subtitle C: Punishment of Serious Junvenile Offenders Title IV: Protection of Women Subtitle A: Spouse Abuse and Stalking Subtitle B: Sex Offenses and Punishment Title V: 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 VI: Criminal Aliens and Alien Smuggling Subtitle A: Deportation of Criminal Aliens Subtitle B: Prevention and Punishment of Alien Smuggling Title VII: Expanding Prison Capacity 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 Citizens' Crime Prevention and Punishment Act of 1994 - Title I: Punishing Violent Crime - Subtitle A: Violent Felonies and Drug Offenses - Amends the Federal criminal code to require the court to sentence a defendant convicted of a Federal violent felony to life imprisonment if the defendant had previously been convicted of another violent felony. Provides that the defendant shall be subject to the death penalty if death results from the violent felony. (Sec. 102) Provides that any individual who is convicted of a Federal or State crime of violence shall, at the discretion of the court, be ineligible for any or all Federal benefits for up to five years upon a first conviction, up to ten years upon a second conviction, and permanently upon a third conviction. (Sec. 103) Amends the Anti-Drug Abuse Act of 1988 to eliminate judicial discretion in the denial of Federal benefits in cases of certain drug offenses. (Sec. 104) Provides for an enhanced penalty for the discharge of a firearm during and in relation to a crime of violence or a drug trafficking crime. (Sec. 105) Amends the Controlled Substances Act (CSA) to provide for mandatory minimum prison sentences for those who sell illegal drugs to minors or who use minors in drug trafficking activities. (Sec. 106) Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the United States 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. 107) 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. 108) 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. 110) 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. 112) Sets penalties for smuggling firearms in aid of drug trafficking or violent crime. (Sec. 116) 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 B: Capital Offenses - Amends the Federal criminal code to establish criteria for imposition of the death penalty for Federal crimes. Requires: (1) the Government, for any offense punishable by death, to serve notice upon the defendant that it intends to seek the death penalty and the aggravating factors upon which it will rely; and (2) the court to conduct a separate sentencing hearing before a jury, or the court along upon motion by the defendant with the approval of the attorney for the Government, when the defendant is found guilty or pleads guilty to an offense punishable by death and the attorney for the Government has met the notice requirements. 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. 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 the death penalty (such factors include 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). States that no person who was under age 18 at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to be influenced by prejudice or bias relating to the race, color, religion, national origin, or sex of the defendant or any victim in considering whether to recommend a sentence of death. Sets forth procedures regarding imposition of, appeal from, and implementation of, a sentence of death. Prohibits: (1) a sentence of death from being carried out upon a person who lacks the mental capacity to understand the death penalty and why it was imposed on that person, or upon a woman while she is pregnant; and (2) requiring any employee of a State department of corrections, the Federal Bureau of Prisons, the U.S. Marshals Service, or any person providing services to that department, bureau, or service under contract to be in attendance or to participate in any execution if such participation is contrary to such person's moral or religious convictions. Sets forth provisions regarding: (1) appointment of counsel; (2) deadlines for collateral attacks on judgments imposing a sentence of death; 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 subtitle. (Sec. 122) 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. (Sec. 123) Specifies that, in a prosecution for an offense against the United States for which a sentence of death is authorized, the fact that the killing of the victim was motivated by racial prejudice or bias shall be deemed an aggravating factor whose existence permits consideration of the death penalty, in addition to any other aggravating factors that may be specified by law as permitting consideration of the death penalty. (Sec. 124) Extends the protection of civil rights provisions regarding conspiracy against rights and deprivation of rights under color of law to cover persons in (currently, limited to inhabitants of) any State, territory, or district. (Sec. 125) Provides for imposition of the death penalty for specified Federal crimes, including: (1) murders committed by prisoners while confined in a Federal prison; (2) murder of Federal, State, and local law enforcement officers; (3) homicides and attempted homicides involving firearms in Federal facilities; (4) civil rights murders; (5) gun murders; (6) murder by escaped prisoners; (7) torture, where death results, subject to specified limitations; (8) carjacking resulting in death; (9) genocide; and (10) specified drug-related offenses, committed as part of a continuing criminal enterprise. Subtitle C: Enhanced Penalties for Criminal Use of Firearms and Explosives - Chapter 1: Instant Check System for Handgun Purchases - Provides for the establishment of a system for identifying felons and persons adjudicated mentally incompetent. Requires the Attorney General of the United States to create a national, computerized list of prohibited persons, incorporate State criminal history records into the Federal criminal records systems maintained by the Federal Bureau of Investigation (FBI), develop hardware and software systems to link State lists with the national list, and provide any responsible State agency with access to the national list, upon request. Directs teach State to create and maintain a computerized list of all persons who are prohibited persons by reason of a conviction or adjudication in the State and, within two years, achieve and maintain at least 80 percent currency of case dispositions in the computerized list for all cases in which there has been an entry of activity within the immediately preceding five years. Requires the State transportation agency, before issuing, reissuing, or reinstating a license, to: (1) conduct a record check to determine whether the applicant is a prohibited person; and (2) affix to the license of the person a magnetic strip on which is encoded information to identify such a person. Provides for the seizure and voiding of a driver's license upon a felony conviction or adjudication of mental incompetency. Sets forth provisions regarding: (1) the funding of records checks; (2) procedures for correcting erroneous records; and (3) judicial review. Requires the Director of the Bureau of Justice Assistance (BJA) to reduce by 25 percent the annual allocation to a State for a fiscal year under title I (drug control and system improvement grant program) of the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) for States with a waiting period or a system for identifying felons before the purchase of a handgun not meeting specified requirements. (Sec. 133) Prohibits a licensed firearms dealer from knowingly selling a handgun to an unlicensed individual without reading the magnetic strip, or failing to notify local law enforcement authorities within 72 hours of any person attempting to purchase a handgun who is identified as a prohibited person through the use of such a device. Sets penalties for violations. 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. 142) 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. 145) Provides for mandatory revocation of supervised release for possession of a firearm in violation of a condition of release. (Sec. 156) 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. 162) 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. 164) Provides enhanced penalties for drug trafficking in prisons. 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: Judicial Reform - 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. (Sec. 215) 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. 216) 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. 217) Increases penalties for attempting to influence or injure court officers or jurors. (Sec. 218) Provides for imposition of the death penalty for the murder of a Federal witness. (Sec. 219) Requires (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court: (1) to order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to the clerk of the court for accounting and payment in accordance with this section. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. Title III: Protecting Families and Communities - Subtitle A: Safe Neighborhoods - Amends the CSA to increase penalties for drug trafficking in or near schools. (Sec. 302) 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. 303) Amends the Omnibus Act to authorize the Director of the BJA to make grants to local governments and community groups to increase 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. 306) Amends: (1) 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 (2) the CSA to increase penalties for drug trafficking in or near public housing. Subtitle B: Crimes Against Children - Provides for imposition of the death penalty for murder during the sexual exploitation of children. (Sec. 312) Increases penalties for: (1) sex offenses against victims below age 16; (2) assaults against children; (3) using minors in drug trafficking; (4) drug distribution to minors; and (5) using a minor in the commission of a Federal offense. (Sec. 313) Sets penalties for international trafficking in child pornography. (Sec. 315) Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses, consider whether any other changes are warranted, review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses, and (in any subsequent amendment of the guidelines) maintain minimum guidelines sentences for such offenses which are at least equal to those required by this section. (Sec. 316) Provides for interstate enforcement of child support orders. (Sec. 319) Makes it a Federal offense to remove a child from, or retain a child outside, the United States to obstruct the lawful exercise of parental rights. (Sec. 320) Authorizes appropriations to carry out State court programs regarding international parental child abduction. (Sec. 321) Provides for imposition of the death penalty for the kidnapping of a child resulting in the child's death. Subtitle C: Punishment of Serious Juvenile Offenders - Makes serious juvenile drug offenses predicates to a violation of the Armed Career Criminal Act. (Sec. 332) Requires that juveniles found guilty of certain offenses be fingerprinted and photographed, with such fingerprints and photographs sent to the FBI, Identification Division. Directs the court to transmit to such division information concerning the adjudication. (Sec. 333) Provides for the prosecution as adults of violent juvenile offenders. Prohibits the incarceration in an adult prison of a juvenile prosecuted as an adult. Title IV: 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: Sex Offenses and Punishment - Establishes a civil remedy for victims of sexual violence. (Sec. 412) Authorizes the restitution of victims of sex offenses. (Sec. 413) Provides for pretrial detention in sex offense cases. (Sec. 414) Mandates life imprisonment for aggravated sexual assault. (Sec. 415) Provides for imposition of the death penalty for persons engaging in sexual abuse resulting in death. (Sec. 416) Increases penalties for recidivist sex offenses. (Sec. 417) Directs the Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses. (Sec. 418) 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 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 V: 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. 503) 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. 504) 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 by disclosing 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. 522) 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. 524) Increases penalties under the International Emergency Economic Powers Act for violation of orders regarding the declaration of a national emergency and the Federal criminal code for passport and visa-related violations. (Sec. 525) 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. 529) Directs the President to establish a National Task Force on Counterterrorism. (Sec. 530) Provides for imposition of the death penalty for causing death through the use of a bomb or other destructive device. Title VI: 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. 602) Authorizes the registration of aliens on criminal probation or criminal parole within the United States. (Sec. 603) 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. 604) 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. 605) 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. 606) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 607) Enhances penalties for failing to depart or reentering after a final order of deportation. Limits collateral attacks or deportation orders. (Sec. 609) 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. 613) Increases penalties for bringing in and harboring certain aliens. Title VII: 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. 702) 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. 703) Amends the Davis-Bacon Act to make provisions concerning the rate of wages for laborers and mechanics inapplicable to prison construction. (Sec. 704) 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. (Sec. 705) Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary of Defense, before any action is taken with respect to the disposal or transfer of real property at a military facility being closed or realigned, to notify the State and each local government in which the facility is located, as well as other interested persons, of the suitability of the property or facility for conversion and use as a youthful offender boot camp. Requires the State, local government, or interested party to whom such real property is so transferred to certify that the property or facilities will be promptly converted and used for such purpose. Directs the Secretary to develop a model program intended to incorporate military basic training, instruction, and disciplinary procedures into the design and operation of youthful offender boot camps at the Federal, State, and local levels. (Sec. 706) Amends the Omnibus Act to reallocate between public agencies and private nonprofit organizations the percentage of grant funds authorized under such Act for correctional options that provide alternative to traditional modes of incarceration and offender release programs. 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.
Resolution· SRESS.Res. 195 (103rd)open
United States · United States Congress · 24 March 1994
Expresses the sense of the Senate that: (1) the Constitution grants to the President the authority to veto individual items of appropriation; and (2) the President should exercise that authority without awaiting the enactment of additional authorization.
Bill· HRH.R. 4092 (103rd)open
United States · United States Congress · 18 March 1994
TABLE OF CONTENTS: Title I: Victims of Crime Subtitle A: Victims of Crime Subtitle B: Crime Victims' Fund Subtitle C: Report on Battered Women's Syndrome Title II: Applicability of Mandatory Minimum Penalties in Certain Cases Title III: Assaults Against Children Title IV: Consumer Protection Title V: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies Title VI: Violent Repeat Offender Incarceration Title VII: Death Penalty Title VIII: Habeas Corpus Reform Title IX: Racially Discriminatory Capital Sentencing Title X: Crime Prevention and Community Justice Subtitle A: Model Intensive Grant Programs Subtitle B: Ounce of Prevention Grant Programs Subtitle C: Police Partnerships for Children Subtitle D: Midnight Sports Subtitle E: Drug Courts Subtitle F: Assistance for Delinquent and At-Risk Youth Subtitle G: Police Recruitment Subtitle H: National Triad Program Subtitle I: Local Partnership Act Subtitle J: Employment and Skills Crime Prevention Subtitle K: Miscellaneous Title XI: Youth Violence Title XII: Child Sexual Abuse Prevention Act of 1994 Title XIII: Jacob Wetterling Crimes Against Children Registration Act Title XIV: Community Policing Title XV: DNA Identification Title XVI: Violence Against Women Subtitle A: Safe Streets for Women Subtitle B: Safe Homes for Women Subtitle C: Domestic Violence Subtitle D: Miscellaneous Provisions Subtitle E: Equal Justice for Women in the Courts Title XVII: Hate Crimes Sentencing Enhancement Title XVIII: Use of Formula Grants to Prosecute Persons Driving While Intoxicated Title XIX: Youth Handgun Safety Title XX: Substance Abuse Treatment in Federal Prisons Title XXI: Alternative Punishments for Young Offenders Title XXII: Juvenile Drug Trafficking and Gang Prevention Grants Title XXIII: Residential Substance Abuse Treatment for State Prisoners Violent Crime Control and Law Enforcement Act of 1994 - Title I: Victims of Crime - Subtitle A: Victims of Crime - 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: Crime Victims' Fund - Amends the Victims of Crime Act of 1984 to revise the formula for allocation of sums in the Crime Victims Fund for costs and grants. Requires the retention of any portion of the Fund that was deposited during a fiscal year that is in excess of 110 percent of the total amount deposited in the Fund during the preceding fiscal year as a reserve for use in a year in which the Fund falls below the amount available in the previous year. Limits such reserve to $20,000,000. Allows any sums awarded as part of a grant that remains unspent at the end of a fiscal year in which the grant is made to be expended for grant purposes at any time during the succeeding two fiscal years, at the end of which year any remaining unobligated funds shall be returned to the Fund. (Sec. 112) Provides that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal, or a federally financed State or local, program would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program. (Sec. 113) Limits to five percent of: (1) a grant the amount that may be used for the administration of the State crime victim compensation program receiving the grant; and (2) sums received for the State crime victim assistance program for the administration of such program. (Sec. 114) Authorizes grants for demonstration projects. (Sec. 116) Requires each entity receiving sums made available under the Act for administrative purposes to certify that such sums will not be used to supplant State or local funds, but to increase the amount of such funds that would, in the absence of Federal funds, be made available for such purposes. Subtitle C: Report on Battered Women's Syndrome - 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 considered in a criminal trial. Title II: Applicability of Mandatory Minimum Penalties in Certain Cases - Amends the Federal criminal code to require the court, with respect to specified drug-related offenses, to impose a sentence pursuant to U.S. Sentencing Commission guidelines, without regard to any statutory minimum sentence, if the court finds at sentencing that: (1) the defendant does not have more than one criminal history point under the Commission's Guidelines Manual; (2) the defendant did not use violence or credible threats of violence, or possess a firearm or other dangerous weapon (or induce another participant to do so), in connection with the offense; (3) the offense did not result in death or serious bodily injury to any person; (4) the defendant was not an organizer, leader, manager, or supervisor of others (as determined under the Manual) in the offense; and (5) no later than the time of the sentencing hearing, the defendant has provided to the Government all information the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan (without regard to whether the defendant has relevant or useful information). Authorizes the Commission to: (1) make such amendments as deemed necessary to harmonize the sentencing guidelines and policy statements with, and the amendment made by, such provisions; and (2) promulgate policy statements to assist in the application of such provisions and such amendment. (Sec. 202) Directs the Commission to promulgate or amend existing sentencing guidelines with respect to cases where statutory minimum sentences would apply but for such provisions to carry out the purposes of such provisions, so that the lowest sentence in the guideline range is not less than two years in those cases where a five-year minimum would otherwise apply. (Sec. 203) Specifies that, with respect to a prisoner the court determines has demonstrated good behavior while in prison, the changes in sentencing made as a result of this Act shall be deemed to be changes in the sentencing ranges by the Commission pursuant to provisions of the Federal judicial code regarding revision of the sentencing guidelines. Title III: Assaults Against Children - Increases penalties for simple assault. Sets penalties for assault resulting in substantial bodily injury. Removes dollar limitations on various types of assaults. Includes assaults against individuals under age 16 committed in Indian country among offenses which are subject to the same law and penalties as all other persons committing such offenses within the exclusive jurisdiction of the United States. Title IV: Consumer Protection - Sets 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. Title V: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies - Requires that a person convicted in a court of the United States of a serious violent felony be sentenced to life imprisonment if: (1) the person has been convicted (and those convictions have become final) on two or more prior occasions in a court of the United States or of a State of a serious violent felony, or of one or more serious violent felonies and one or more serious drug offenses; and (2) each serious violent felony or serious drug offense used as a basis for sentencing under such provision, other than the first, was committed after the defendant's conviction of the preceding serious violent felony or serious drug offense. (Sec. 502) Limits the authority of a court to modify an imposed term of imprisonment to include a requirement that the defendant be at least age 70 and have served at least 30 years in prison for the offense or offenses for which the defendant is currently imprisoned, and that a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community. Title VI: Violent Repeat Offender Incarceration - Authorizes the Attorney General to make grants to individual States and to States organized as multi-State compacts to develop, expand, modify, or improve correctional facilities and programs to ensure that prison cell space is available for the confinement of violent repeat offenders. Sets forth provisions regarding State eligibility and matching requirements, technical assistance and training, and evaluation. Authorizes appropriations. Title VII: Death Penalty - Amends the Federal criminal code to provide for the imposition of the death penalty for specified drug-related offenses committed as part of a continuing criminal enterprise, and where a defendant has been found guilty of treason or espionage, or of specified other offenses involving the intentional: (1) killing of the victim; (2) infliction of serious bodily injury resulting in death; (3) participation in an act contemplating that the life of a person would be taken or intending that lethal force would be used and the victim died as a direct result; or (4) specifically engaging in an act of violence, knowing that the act created a grave risk of death, that constituted a reckless disregard for human life and the victim died as a direct result of the Act. Sets forth provisions regarding: (1) mitigating and aggravating factors to be considered in determining whether a sentence of death is justified; (2) the conduct of a special hearing to make such determination; (3) procedures for the imposition, review, and implementation of such sentence; (4) use of State facilities to carry out such sentence; and (5) special provisions for Indian country. (Sec. 703) Authorizes the death penalty for various offenses, including, where death results: (1) hostage taking; (2) murder for hire; (3) racketeering; (4) genocide; (5) carjacking; (6) rape and child molestation murders; (7) sexual exploitation of children; (8) homicides involving firearms in Federal facilities; (9) murder of Federal witnesses; (10) foreign murder of U.S. nationals; (11) civil rights murders; (12) murder by a Federal prisoner, or by escaped prisoners; (13) drive-by shootings; (14) gun murders during Federal crimes of violence and drug trafficking crimes; (15) murder of State or local officials assisting Federal law enforcement officials and State correctional officers; (16) use of weapons of mass destruction; (17) violence at international airports; (18) violence against maritime navigation or fixed platforms; (19) torture; and (20) genocide. (Sec. 715) Makes an exception to the requirement that the court furnish to a defendant a list of the veniremen and witnesses if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person. Title VIII: Habeas Corpus Reform - Amends the Federal judicial code to impose a one-year period for the filing of Federal habeas corpus petitions for applicants under sentence of death, beginning after the date of: (1) denial of a writ of certiorari, if a petition for such writ to the highest court of the State on direct appeal or unitary review of the conviction and sentence is filed, within the time limits established by law, in the Supreme Court; (2) issuance of the mandate of the highest court of the State on direct appeal or unitary review of the conviction and sentence, if a petition for a writ of certiorari is not filed within such time limits in such Court; or (3) issuance of the mandate of the Supreme Court, if on a petition for a writ of certiorari the Supreme Court grants the writ and disposes of the case in a manner that leaves the capital sentence undisturbed. Tolls such time limits during: (1) any period in which the State has failed to provide counsel as required by this Act; (2) the period from the date the applicant files an application for State postconviction relief until final disposition of the application by the State appellate courts, if all filing deadlines are met; and (3) an additional period not to exceed 90 days, if counsel moves for an extension in the district court that would have jurisdiction of a habeas corpus application and makes a showing of good cause. (Sec. 802) Provides an automatic stay of execution 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. 803) Prohibits a Federal court from applying a new rule to grant relief to a habeas corpus petitioner, except where the new rule places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed or requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. (Sec. 804) Prohibits the court from either presuming a finding of fact made in a State court proceeding to be correct or declining to consider a claim on the ground that it was not raised in such 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 which meets specified requirements; (2) the applicant was eligible for the appointment of counsel and did not waive such appointment, and the State actually appointed counsel to represent the applicant in the State proceeding in which the finding of fact was made or the default occurred; and (3) the attorney or attorneys so appointed substantially met specified qualification and performance standards. Sets forth provisions regarding: (1) State establishment of a counsel authority; (2) claims of the ineffectiveness or incompetence of counsel; and (3) attorney compensation, reimbursement for expenses incurred in representing clients, and support services for staff attorneys of a defender organization or resource center. (Sec. 805) Requires that a claim presented in a second or successive application be dismissed unless: (1) the applicant shows that 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 or offenses for which the capital sentence was imposed, or in the validity of that sentence under Federal law. (Sec. 806) Prohibits an appeal from being taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, unless the justice or judge who rendered the order or a circuit justice or judge issues a certificate of probable cause. Grants an applicant under sentence of death a right of appeal without a certification of probable cause, except after denial of a second or successive application. (Sec. 807) Sets forth duties of the district court in adjudicating the merits of claims, in handling claims of innocence, and in declining to consider claims under specified circumstances. Title IX: Racially Discriminatory Capital Sentencing - Amends the Federal judicial code to prohibit the execution of a sentence of death imposed on the basis of race. Specifies that: (1) an inference that race was the basis of a death sentence is established if valid evidence is presented demonstrating that, at the time the sentence was imposed, race was a statistically significant factor in decisions to seek or to impose the death sentence in the jurisdiction in question; and (2) evidence relevant to establish such an inference may include proof that death sentences were, at the pertinent time, being imposed significantly more frequently in the jurisdiction in question upon, or as punishment for capital offenses against, persons of one race than persons of another race. Sets forth provisions regarding: (1) validity of evidence presented to establish such inference, and rebuttal of such inference; and (2) access to data on death eligible cases. Title X: Crime Prevention and Community Justice - Subtitle A: Model Intensive Grant Programs - Authorizes the Attorney General to award grants to not more than 15 chronic high intensive crime areas to develop comprehensive model crime prevention programs that: (1) involve and utilize a broad spectrum of community resources and appropriate State and Federal agencies; (2) attempt to relieve conditions that encourage crime; and (3) provide meaningful and lasting alternatives to involvement in crime. (Sec. 1002) Sets forth provisions regarding: (1) uses of grant funds; and (2) program, application, and reporting requirements. Authorizes appropriations. Subtitle B: Ounce of Prevention Grant Programs - Part I: Ounce of Prevention Grant Programs - Directs: (1) the Secretary of Health and Human Services (Secretary) to convene an interagency task force to be known as the Ounce of Prevention Council, chaired by the Attorney General, the Secretary of Education, and the Secretary; (2) the Council to advise and counsel the Secretary regarding administration of the programs established by this title; and (3) the Secretary to adopt regulations or guidelines to ensure that funding under this title shall be used primarily for assistance in distressed communities and for individuals in any area who are particularly in need of assistance. (Sec. 1011) Requires the Secretary to make grants to States, local governments, and other public and private entities for: (1) summer and after-school programs; (2) mentoring, tutoring, and other programs involving participation by adult role models; (3) programs assisting and promoting employability and job placement; and (4) substance abuse treatment and prevention, including outreach programs for at-risk families. Part II: Family and Community Endeavor Schools Grant Program - Authorizes grants for community-based organizations to assist in carrying out programs in public school facilities, where appropriate, and in certain other locations, for specified uses, including: (1) supervised sports programs and extracurricular and academic programs, offered after school and on weekends and holidays during the school year, and as daily full-day or part-day programs, during the summer months, including curriculum-based supervised education programs, health education and service programs, tutorial and mentoring programs, and other related activities (required use of funds by such organizations); and (2) renovation of facilities and development or expansion of school programs designed to improve academic and social development of at-risk children (permissible use of such funds). (Sec. 1017) Sets forth provisions regarding: (1) eligible community identification (to be eligible to receive a grant, a community-based organization shall identify an eligible community to be assisted, meeting criteria such as significant poverty and juvenile delinquency); (2) application requirements and priorities in awarding grants; and (3) participant eligibility. (Sec. 1020) Directs the Secretary of Education to: (1) establish a peer review panel comprised of individuals with demonstrated experience in designing and implementing community-based programs; and (2) conduct such investigations and inspections as necessary to ensure compliance under this part. (Sec. 1022) Sets forth provisions regarding the Federal share and regarding program evaluation. Part III: Administration - Authorizes the Secretary of Education to: (1) provide technical assistance, training, and evaluations to further the purposes of this subtitle through grants, contracts, or other cooperative agreements with other entities; and (2) conduct or support evaluations of programs that receive support under this subtitle. (Sec. 1026) Authorizes appropriations. Subtitle C: Police Partnerships for Children - Authorizes the Attorney General to make grants to partnerships (defined as cooperative arrangements or associations involving one or more law enforcement agencies (LEAs), and one or more public or private agencies that provide child or family services) for: (1) teams or units involving participants from both the law enforcement and child or family services components of the partnership that respond to or deal with violent incidents in which a child is involved as a perpetrator, witness, or victim; (2) training for law enforcement officers in behavior, psychology, family systems, and community culture and attitudes that is relevant to dealing with children who are involved in violent incidents or at risk of involvement in such incidents, or with families of such children; and (3) programs for children and families that are designed jointly by the law enforcement and child or family services components of the partnership. Authorizes the Secretary of Housing and Urban Development (HUD) to make grants to units of State or local government, public housing authorities, owners of federally assisted housing, and owners of housing in high crime areas in order to provide dwelling units to law enforcement officers without charge or at or substantially reduced rent for the purpose of providing greater security for residents of high crime areas. (Sec. 1032) Sets forth provisions regarding: (1) administration; and (2) technical assistance, training, and evaluation. (Sec. 1033) Authorizes appropriations. Subtitle D: Midnight Sports - Directs the Secretary of HUD to make grants, to the extent that sums are approved in appropriations Acts pursuant to this subtitle, to eligible entities (i.e., certain entities under the Cranston-Gonzalez National Affordable Housing Act, and nonprofit organizations providing crime prevention, employment counseling, job training, or other educational services, or federally-assisted low-income housing) to assist such entities in carrying out midnight sports league programs. Sets forth program, application, selection, and reporting requirements. Directs the Secretary of HUD to make a grant to one qualified entity to carry out a study of the effectiveness of midnight sports league programs and require such entity to report its conclusions and recommendations to the Congress, the Secretary of HUD, and the Attorney General. Authorizes appropriations. Subtitle E: Drug Courts - Authorizes the Attorney General to make grants to units of State and local government, and to other public and private entities, for programs that involve continuing judicial supervision over specified categories of persons with substance abuse problems, and that involve the integrated administration of other sanctions and services including: (1) testing for the use of controlled substances or other addictive substances; (2) substance abuse treatment; (3) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress; and (4) programmatic or health related aftercare services. (Sec. 1043) Authorizes the Attorney General to provide technical assistance and training in furtherance of the purposes of, and to carry out or make arrangements for evaluations of programs that receive support under, this subtitle. (Sec. 1044) Authorizes appropriations. Subtitle F: Assistance for Delinquent and At-Risk Youth - Authorizes the Attorney General to make grants to public or private nonprofit organizations to support the development and operation of projects to provide residential services to youth aged 11 to 19 who have dropped out of school, come into contact with the juvenile justice system, or are at risk of doing so. Requires that such services include, with respect to such youth, activities designed to increase self-esteem, assist in making healthy and responsible choices, improve academic performance pursuant to a plan jointly developed by the applicant and the school which each such youth attends or should attend, and provide vocational and life skills. Sets forth application and reporting requirements. Authorizes appropriations. Subtitle G: Police Recruitment - Authorizes the Attorney General to make grants to qualified community organizations to assist in meeting the costs of qualified programs designed to recruit and retain applicants of police departments. Sets forth requirements regarding qualified community organizations, qualified programs, applications, grant disbursement, grant period, and grantee reporting. Directs the Attorney General to prescribe guidelines on content and results for programs receiving grants under this subtitle. Authorizes appropriations. Subtitle H: National Triad Program - Requires the Director of the National Institute of Justice (NIJ) to conduct a qualitative and quantitative national assessment of: (1) the nature and extent of crimes committed against older Americans and the effect of such crimes on the victims; (2) the numbers, extent, and impact of violent crimes and nonviolent crimes against older Americans and the extent of unreported crimes; (3) the collaborative needs of law enforcement, health, and social service organizations, focusing on prevention of crimes against older Americans, to identify, investigate, and provide assistance to victims of those crimes; and (4) the development and growth of strategies to respond effectively to such matters. (Sec. 1068) Requires the Director of the Bureau of Justice Assistance (BJA) to make grants to coalitions of local LEAs and older Americans to assist in the development of programs and execute field tests of particularly promising strategies for crime prevention and related services based on the Triad model (which calls for the participation of the sheriff, at least one police chief, and a representative of at least one older Americans' organization within a county, and which may include participation by general service coalitions of law enforcement, victim service, and senior citizen advocate second service organizations), which can then be evaluated and serve as the basis for further demonstration and education programs. Sets forth provisions regarding application requirements, distribution of grant awards, and post-grant period reporting. (Sec. 1069) Requires, in conjunction with the national assessment, the Director of: (1) the BJA to make awards to organizations with demonstrated ability to provide training and technical assistance in establishing crime prevention programs based on the Triad model for purposes of aiding in the establishment and expansion of pilot programs under this subtitle, and to public service advertising coalitions for purposes of mounting a program of public service advertisements to increase public awareness and understanding of the issues surrounding crimes against older Americans and promoting ideas or programs to prevent them; and (2) NIJ to make awards to research organizations for purposes of evaluating the effectiveness of selected pilot programs and conducting the research and development identified through the national assessment as being critical. (Sec. 1070) Sets forth reporting requirements. (Sec. 1071) Authorizes appropriations. Subtitle I: Local Partnership Act - Directs the Secretary of the Treasury to make specified payments to units of local government to carry out programs related to education to prevent crime or substance abuse treatment to prevent crime. Requires that, of such payments, not less than ten percent of the total combined amounts obligated by the unit for contracts and subcontracts be expended with small business concerns controlled by socially and economically disadvantaged individuals and women, and colleges and universities which are historically Black and which have a student body in which more than 20 percent of the students are Hispanic Americans or Native Americans, with exceptions. Authorizes appropriations to a Local Government Fiscal Assistance Fund of the Department of the Treasury. Sets forth provisions regarding: (1) qualification for payment; (2) State area allocations, and allocations and payments to territorial governments; (3) local government allocations; (4) income gap multipliers; (5) State variation of local government allocations; (6) adjustments of local government allocations; (7) information used in allocation formulas; (8) public participation; (9) prohibited discrimination; (10) discrimination proceedings and related issues (including enforcement by the Attorney General of prohibitions against discrimination and civil actions by adversely affected persons); (11) judicial review; (12) audits, investigations, and reviews; and (13) reporting requirements. Subtitle J: Employment and Skills Crime Prevention - Authorizes the Secretary of Labor to make grants to local governments to fund targeted youth employment and skills development projects to help reduce crime in target areas (defined as neighborhoods which are high crime areas with high unemployment among young adults and other serious economic and social problems). (Sec. 1084) Makes young adults residing or attending school in target areas eligible to participate in programs funded under this subtitle if they are between 16 and 25 years of age (and, in certain circumstances, young adults up to age 30 and youth age 14 and 15). Sets conditions for continued participation in such programs, including avoiding crime, regular attendance and satisfactory performance at work, paying child support when paternity has been established and the participant has income, in-school young adults remaining in school until graduation, and requiring young adults ages 16-17 who have dropped out of high school and who have not obtained a General Equivalency Diploma to return to school or an alternative education program. (Sec. 1085) Authorizes the expenditure of funds for crime prevention related activities (subject to specified requirements), such as: (1) apprenticeship programs linking work and learning; (2) youth conservation and service corps; (3) work experience in private nonprofit organizations and public agencies; (4) initiatives to increase educational attainment, occupational skills, and career aspirations of target area young adults; and (5) job placement and related case management, followup, and other supportive services. (Sec. 1086) Sets forth requirements regarding: (1) grant applications; (2) award priorities; and (3) grant duration and number. (Sec. 1087) Directs the Secretary of Labor to establish a system of performance measures for assessing programs established pursuant to this subtitle. Authorizes the Secretary to provide appropriate technical assistance to carry out youth employment and skills crime prevention programs under this subtitle. (Sec. 1090) Authorizes appropriations. (Sec. 1091) Authorizes the Secretary of Labor to terminate or suspend financial assistance, in whole or in part, to a recipient or refuse to extend a grant for a recipient, if the Secretary determines that the recipient has failed to meet specified requirements. (Sec. 1092) Makes labor standards under the Job Training Partnership Act applicable to programs under this subtitle. (Sec. 1093) Sets forth provisions regarding: (1) regulations or guidelines; (2) waivers; (3) private rights of action; and (4) acceptance of gifts. Subtitle K: Miscellaneous - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to permit the award of drug control and system improvement grants to State and local governments for the purpose of participating in multijurisdictional gang task forces. Title XI: Youth Violence - Amends the Federal criminal code to provide for the prosecution as adults of juveniles age 13 or older for specified crimes of violence and crimes where the juvenile possessed a firearm during the offense, with exceptions regarding persons subject to the criminal jurisdiction of an Indian tribal government. Repeals restrictions on the Attorney General proceeding in Federal court against such juveniles with respect to such crimes. (Sec. 1102) Specifies that a juvenile shall not be transferred to adult prosecution nor shall a hearing be held under section 5037 (disposition after a finding of juvenile delinquency) (currently, proceedings against a juvenile or as an adult shall not be commenced) until specified conditions are met. (Sec. 1103) Provides that no juvenile committed, whether pursuant to an adjudication of delinquency or conviction for an offense (currently, no juvenile committed) to the custody of the Attorney General may be placed or retained in an adult jail or correctional institution in which he has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges. Title XII: Child Sexual Abuse Prevention Act of 1994 - Sets penalties for: (1) international trafficking in child pornography; and (2) traveling in interstate or foreign commerce with intent to engage in a sexual act with a juvenile. (Sec. 1202) Expresses the sense of the Congress that each State that has not yet done so should enact legislation prohibiting the production, distribution, receipt, or simple 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 the commission or support of, or gained from, such offenses. Title XIII: Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring any person convicted of a criminal offense against a victim who is a minor to register a current address with a designated State law enforcement agency for ten years after release from prison, or being placed on parole, supervised release, or probation. Subjects to criminal penalties a person required to register under a State program who knowingly fails to register and keep such registration current. Title XIV: Community Policing - Amends the 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 and training of new, additional career law enforcement officers, for deployment in community-oriented policing), expand and improve cooperative efforts between LEAs and members of the community, and otherwise enhance public safety. Sets forth matching fund, application, and related requirements. Authorizes appropriations. Title XV: DNA Identification - DNA Identification Act of 1994 - 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. 1503) Requires the Director of the FBI to appoint in 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. 1505) Sets forth proficiency testing and privacy protection requirements, and penalties for violations. (Sec. 1506) Authorizes appropriations. Title XVI: Violence Against Women - Violence Against Women Act of 1994 - Subtitle A: Safe Streets for Women - Safe Streets for Women Act of 1994 - Amends the Omnibus Act to: (1) authorize the Director of the BJA to make grants to reduce the rate of violent crime against women to States, Indian tribes, units of local government, tribal organizations, and nonprofit nongovernmental domestic violence and sexual assault victims services programs in the States or Indian country; and (2) the Attorney General to request any Federal agency, with or without reimbursement, to use its authorities and resources to support such State, tribal, and local efforts. Authorizes appropriations. (Sec. 1603) Specifies that no State is entitled to funds under this title unless the State: (1) incurs the full cost of forensic medical exams for victims of sexual assault; (2) certifies that their laws, policies, and practices do not require, in connection with the prosecution of any domestic violence offense, that the abused bear costs associated with the filing of criminal charges or with the issuance or service of a warrant, protection order, or witness subpoena; and (3) can certify that its laws and policies treat sex offenses committed by offenders who are known to, cohabitants or social companions of, or related by blood or marriage to, the victim no less severely than sex offenders committed by offenders who are strangers to the victim. (Sec. 1606) Authorizes the Director to make education and prevention grants to reduce sexual assaults against women. Authorizes appropriations. (Sec. 1607) Directs: (1) the NIJ to establish criteria and develop training programs to assist probation and parole officer and other personnel who work with released sex offenders in the areas of case management, supervision, and relapse prevention; and (2) the Attorney General to compile information regarding sex offender treatment programs and ensure that information regarding treatment programs in the community into which a convicted sex offender is released is made available to persons imprisoned in Federal penal or correctional institutions for sexual abuse offenses, including halfway houses and psychiatric institutions. (Sec. 1609) Amends the Federal criminal code to require that a court order restitution for violations of Federal sexual abuse laws, with exceptions. (Sec. 1610) Directs the Attorney General to provide for a baseline study to examine the scope of the problem of campus sexual assaults and the effectiveness of institutional and legal policies in addressing such crimes and protecting victims. Authorizes appropriations. Subtitle B: Safe Homes for Women - Safe Homes for Women Act - Amends the Federal criminal code to establish penalties for traveling across a State line with intent to: (1) contact that person's spouse or intimate partner and, in the course of such contact, intentionally committing a crime of violence causing bodily injury to such spouse or partner; and (2) engage in conduct that violates a protection order, any portion of which involves protection against credible threats of violence, repeated harassment, or bodily injury, to the person or persons for whom the protection order was issued and violates that portion of such order, or that would violate such order if the conduct occurred in the jurisdiction in which the order was issued and engaging in such conduct. Requires that, in any proceeding for the purpose of determining whether a defendant charged shall be released pending trial, or the conditions of such release, the alleged victim be given an opportunity to be heard regarding the danger posed by the defendant. Mandates that a court order restitution to the victim of an offense under this Act, with exceptions. Requires, provided that certain conditions are met, that a protection order issued by the court of one State or Indian tribe be accorded full faith and credit by the court of another State or tribe. (Sec. 1623) Amends the Omnibus Act to authorize the Director to make grants to eligible States, Indian tribes, or units of local government to encourage arrest policies in domestic violence cases, including mandatory arrest programs for protective order violations and improving judicial handling of such cases. Authorizes appropriations. Subtitle C: Domestic Violence - Amends the Federal criminal code to prohibit the sale or other disposal of firearms or ammunition to, or the receipt of firearms of ammunition by, persons convicted of offenses involving domestic abuse. (Sec. 1626) Amends the Immigration and Nationality Act to allow an alien spouse to self-petition for immediate relative or second preference status if the alien demonstrates to the Attorney General that the alien is residing in the United States: (1) the marriage between the alien and the spouse was entered into in good faith by the alien, and during the marriage the alien or child of the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's spouse; or (2) with the alien's spouse, the alien has been married to and residing with the spouse for not less than three years, and the alien's spouse has failed to file such a petition on behalf of the alien. Provides that, in the case of abused spouses and abused children who are self-petitioning, divorce may not be the basis for revocation of the petition. (Under current law and regulations, divorce results in the automatic revocation of an immediate relative and a second preference petition.) (Sec. 1627) Directs the Attorney General, in acting on spousal waiver applications, to consider any credible evidence submitted in support of the application (whether or not the evidence is supported by an evaluation of a licensed mental health professional). Specifies that the determination of what evidence is credible and the weight to be given the evidence shall be within the sole discretion of the Attorney General. (Sec. 1628) Waives the current seven-year residence requirement to apply for suspension of deportation. Makes suspension of deportation available to alien spouses and children who have been battered or subjected to extreme cruelty in the United States by a spouse or parent who is a citizen or lawful permanent resident, provided that the alien spouse or child proves that he or she is a person of good moral character and that deportation would result in extreme hardship. Subtitle D: Miscellaneous Provisions - Directs the Attorney General to: (1) conduct a study of the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses, and transmit to the Congress a report based on the study; and (2) submit to the Congress a report and recommendations on problems of recordkeeping of criminal complaints involving domestic violence. (Sec. 1643) Directs the Attorney General to establish an Attorney General's Task Force on Violence Against Women to review Federal, State, and local strategies for preventing and punishing violent crimes against women and to make recommendations to improve the response to such crimes. Authorizes appropriations. (Sec. 1652) Amends the Victims' Rights and Restitution Act of 1990 to direct the Attorney General to authorize the Director of the Office of Victims of Crime to provide for the payment of the cost of up to two tests of the victim for sexually transmitted diseases during the 12 months following sexual assaults that pose a risk of transmission, and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of transmission of such diseases to the victim as the result of the assault. (Sec. 1653) Directs the Attorney General to provide a grant to a nonprofit private organization to establish and operate a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence. Authorizes appropriations. (Sec. 1654) Amends the Omnibus Act to require the Director of the BJA to provide grants to establish projects in local communities involving many sectors of each community to coordinate intervention and prevention of domestic violence. Authorizes appropriations. Subtitle E: Equal Justice for Women in the Courts - Authorizes the State Justice Institute (SJI) 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 State on rape, sexual assault, domestic violence, and other crimes of violence motivated by gender. (Sec. 1663) Directs the SJI to ensure that such model programs are developed with the participation of law enforcement officials, public and private nonprofit victim advocates, legal experts, prosecutors, defense attorneys, and recognized experts on gender bias in the courts. (Sec. 1664) Authorizes appropriations. (Sec. 1665) Encourages the circuit judicial councils to conduct studies of the instances of gender bias in their respective circuits. Directs the: (1) Judicial Conference of the United States to designate an entity within the judicial branch to act as a clearinghouse to disseminate any reports and materials issued by gender bias task forces; and (2) Federal Judicial Center to disseminate information on issues relating to gender bias in the courts. (Sec. 1666) Authorizes appropriations to 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 U.S. Courts. Directs the Judicial Conference to allocate funds to Federal circuit courts that undertake their own studies of gender bias or implement reforms recommended as a result of such studies in their own or other circuits. Expresses the sense of the Congress that the executive branch, working through the SJI, should examine programs which would allow the States to consider whether expert testimony regarding battered women's syndrome should be admissible by the defendant in criminal trials and specified related issues. Title XVII: Hate Crimes Sentencing Enhancement - Directs the Sentencing Commission to promulgate or amend existing guidelines to provide sentencing enhancements of not less than three offense levels for offenses that the finder of fact at trial determines beyond a reasonable doubt are hate crimes (assuring reasonable consistency with other guidelines, avoiding duplicative punishments for substantially the same offense, and taking into account any mitigating circumstances which might justify exceptions). Title XVIII: Use of Formula Grants to Prosecute Persons Driving While Intoxicated - Amends the Omnibus Act to permit the use of drug control and system improvement grant funds for programs for the prosecution of driving while intoxicated and the enforcement of other laws relating to alcohol use and the operation of motor vehicles. Title XIX: Youth Handgun Safety - Amends the Federal criminal code to prohibit the possession of a handgun or ammunition by, or the private transfer of a handgun or ammunition to, a juvenile, with exceptions. Sets penalties for violations. Directs the Attorney General to: (1) evaluate existing and proposed juvenile handgun legislation in each State; (2) develop model juvenile handgun legislation that is constitutional and enforceable; (3) prepare and disseminate to State authorities the findings made as the result of the evaluation; and (4) report to the Congress findings and recommendations concerning the need or appropriateness of further Federal action. Title XX: Substance Abuse Treatment in Federal Prisons - Amends the Federal criminal code to direct the Bureau of Prisons to provide residential substance abuse treatment for not less than 50 percent of eligible prisoners by the end of FY 1995, for not less than 75 percent by the end of FY 1996, and for all eligible prisoners by the end of 1997 and thereafter. Grants priority for such treatment based on an eligible prisoner's proximity to release date. Permits sentence reductions of up to a year for a prisoner's successful completion of a residential substance abuse treatment program. Sets forth reporting requirements. Authorizes appropriations. Title XXI: Alternative Punishments for Young Offenders - Amends the Omnibus Act to authorize the Director of the BJA to make grants to States, for use by States and local government, for the purpose of developing alternative methods of punishment for young offenders to traditional forms of incarceration and probation. Sets forth provisions regarding State and local applications, review of State applications, allocation and distribution of funds, and evaluation. (Sec. 2102) Authorizes appropriations. (Sec. 2103) Expresses the sense of the Congress that States should impose mandatory sentences for crimes involving the use of a firearm or other weapon on, or within a 100-yard radius of, school property. Title XXII: Juvenile Drug Trafficking and Gang Prevention Grants - Amends the Omnibus Act to authorize the Director of the BJA to make grants to States and units of local government, or combinations thereof, to assist them in planning, establishing, operating, coordinating, and evaluating projects for the development of more effective programs to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Sets forth provisions regarding permissible uses of grant funds and application requirements. Authorizes appropriations. Title XXIII: Residential Substance Abuse Treatment for State Prisoners - Amends the Omnibus Act to authorize the Director of the BJA to make grants to States, for use by States and local government, for the purpose of developing and implementing residential substance abuse treatment programs within State correctional facilities in which inmates are incarcerated for a period of time sufficient to permit substance abuse treatment. Sets forth provisions regarding State application requirements, review of applications, allocation and distribution of funds, and evaluation. Authorizes appropriations.
Bill· SJRESS.J.Res. 173 (103rd)referred
United States · United States Congress · 17 March 1994
Constitutional Amendment - Provides for the direct popular election of the President and Vice President of the United States.
Resolution· SCONRESS.Con.Res. 62 (103rd)referred
United States · United States Congress · 16 March 1994
Expresses the sense of the Congress that the President: (1) should not have extended diplomatic recognition to the Skopje regime that insists on using the Greek name of Macedonia; and (2) should reconsider this decision and withdraw recognition and any consideration of financial assistance until such time as that regime renounces its use of the name Macedonia, removes objectionable language in the preamble and specified paragraphs of its constitution, removes symbols which imply territorial expansion such as the Star of Vergina in its flag, ceases propaganda against Greece, and adheres fully to Conference on Security and Cooperation in Europe norms and principles.
Bill· HJRESH.J.Res. 340 (103rd)referred
United States · United States Congress · 16 March 1994
Constitutional Amendment - Provides that a person born in the United States shall not be a U.S. citizen unless the person's mother or father at the time of birth is a U.S. citizen, is lawfully in the United States, or has lawful immigration status.
Bill· HJRESH.J.Res. 339 (103rd)referred
United States · United States Congress · 16 March 1994
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· HRH.R. 4018 (103rd)open
United States · United States Congress · 11 March 1994
Habeas Corpus Revision Act of 1994 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. 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. 3) Specifies requirements for stays of execution in capital cases. (Sec. 4) 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. 5) 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. (Sec. 6) 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. 7) 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. 8) 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.
Bill· HJRESH.J.Res. 336 (103rd)open
United States · United States Congress · 11 March 1994
Constitutional Amendment - Prohibits Federal outlays of operating funds from exceeding receipts to such funds for any fiscal year. Waives such prohibition: (1) when a declaration of war is in effect; (2) when the United States by law is engaged in military conflict; or (3) if economic growth has been or will be negative for two consecutive quarters. Requires the President to propose a budget in accordance with this Act. Provides that the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall not be counted as receipts or outlays.
Bill· SS. 1866 (103rd)open
United States · United States Congress · 24 February 1994
Personnel Security Act of 1994 - Amends the National Security Act of 1947 to: (1) entitle the President and Vice President, Members of Congress, Justices of the Supreme Court, and judges of other U.S. courts established pursuant to Article III of the Constitution to access to top secret information needed for the performance of their governmental functions (category I); and (2) limit such access to only those Government employees who are U.S. citizens who require access for the performance of official governmental functions, who have been determined to be trustworthy based upon a background investigation and appropriate reinvestigations, and who have otherwise satisfied specified requirements (category II). Permits access by others only in accordance with regulations to be issued by the President providing that: (1) no Government employee shall be given access unless such employee has been subject to an appropriate background investigation, has consented to permit examination of financial records, consumer reports, and foreign travel records maintained by U.S. commercial entities pertaining to such employee and has agreed to report any foreign travel which has not been authorized as part of the subject's official duties and any unauthorized contracts with persons known to be foreign nationals or persons representing foreign nations where an effort to acquire classified information is made or where such contacts appear intended for such purpose; (2) all employees granted access shall be subject to additional background investigations at least every five years and to investigation at any time during the period of access; (3) access by persons other than those in categories I and II may be permitted only where the President determines that such access is essential to protect or further national security interests; and (4) a single office within the executive branch shall be designated to monitor and report regarding the implementation and operation of this title. Provides for waivers in extraordinary cases.
Resolution· HCONRESH.Con.Res. 210 (103rd)referred
United States · United States Congress · 23 February 1994
Expresses the sense of the Congress that the President should: (1) not have extended diplomatic recognition to the Skopje regime that insists on using the Greek name of Macedonia; and (2) reconsider this decision and withdraw diplomatic recognition until such time as such regime renounces its use of the name Macedonia, removes objectionable language in paragraph 49 of its constitution (calling for the unification of neighboring territories in Greece and Bulgaria with the Macedonian Republic), removes symbols which imply territorial expansion such as the Star of Vergina in its flag, ceases propaganda against Greece, and adheres fully to Conference on Security and Cooperation in Europe norms and principles.
Resolution· HCONRESH.Con.Res. 208 (103rd)referred
United States · United States Congress · 23 February 1994
Expresses the sense of the Congress that: (1) the Constitution does not preclude a short period of silence to be used, solely at the discretion of the individual student in public schools, for silent prayer, meditation, contemplation, or introspection; and (2) public school authorities should recognize the value of such a short period.
Bill· SS. 1856 (103rd)open
United States · United States Congress · 22 February 1994
TABLE OF CONTENTS: Title I: Sustainable Development Title II: Building Democracy Title III: Promoting Peace Title IV: Providing Humanitarian Assistance Title V: Promoting Growth Through Trade and Investment Title VI: Advancing Diplomacy Title VII: Special Authorities, Restrictions on Assistance, and Reports Title VIII: General Provisions Title IX: Technical and Conforming Provisions Peace, Prosperity, and Democracy Act of 1994 - Repeals the Foreign Assistance Act of 1961 (with the exception of a few provisions) as well other specified foreign relations and assistance Acts. Sets forth revised foreign assistance policy provisions. Title I: Sustainable Development - Chapter 1: Sustainable Development Authorities - Sets forth policy for sustainable development programs and voluntary cooperation in development. (Sec. 1103) Encourages the President to establish a formal and continuing partnership with private voluntary organizations, cooperatives, and credit unions which have experience working in developing countries, and with colleges and universities, to carry out the objectives of this title. Authorizes the President to use funds in support of this title for: (1) schools and libraries outside the United States that are sponsored by U.S. citizens and that serve as study and demonstration centers for the ideas and practices of the United States; and (2) hospital centers for medical education and research outside the United States that are sponsored by U.S. citizens. (Sec. 1104) Permits the President to provide assistance for credit programs in furtherance of the following sustainable objectives: (1) micro- and small enterprise development; (2) shelter, urban services, and environmental infrastructure; and (3) other programs to carry out the purposes of this chapter. Chapter 2: Development Fund for Africa - Makes funds under chapter 1 available for programs for Subsaharan Africa. Chapter 3: Role of Related Programs - Sets forth U.S. policy regarding: (1) the role of international financial institutions; (2) the Peace Corps; (3) the African Development and Inter-American Foundations; and (4) specified non-emergency food assistance programs. Title II: Building Democracy - Sets forth policy regarding the promotion of democracy. Chapter 1: Promoting Democracy - Subchapter A: Countries in Transition - Authorizes the President to provide assistance for countries: (1) that have recently emerged or are in the process of emerging as democratic societies; (2) that have recently emerged or are emerging from civil strife and either have a democratically-elected government or are making progress toward developing such a government; or (3) where democratic progress or institutions are threatened. (Sec. 2102) Declares that programs under this subchapter should be designed to facilitate the trend toward more open, just, and democratic societies. Permits such assistance to military and law enforcement forces to: (1) orient militaries or law enforcement agencies to their respective roles in a democratic order; (2) enhance the accountability of law enforcement agencies to civil justice institutions; (3) promote demilitarization of society; and (4) meet security challenges on a transitional basis that threaten to impede or reverse democratic reforms or institutions. Subchapter B: Independent States of the Former Soviet Union - Makes funds available for assistance to the independent states of the former Soviet Union as authorized and appropriated to the President each fiscal year. Subchapter C: Central and Eastern Europe - Sets forth policy towards democracy and free enterprise in Central and Eastern Europe. (Sec. 2302) Makes funds available for assistance for Central and Eastern Europe as authorized and appropriated to the President each fiscal year. Chapter 2: Information and Exchange - Sets forth policy with respect to programs administered by the U.S. Information Agency (USIA). Title III: Promoting Peace - Chapter 1: Peacekeeping and Related Programs - Sets forth policy concerning peacekeeping and related programs. (Sec. 3102) Authorizes the President to: (1) pay assessed and other contributions and expenses of international peacekeeping activities; and (2) furnish assistance to foreign countries and international and regional organizations and arrangements for peacekeeping. (Sec. 3103) Authorizes the President to direct the drawdown of up to $100 million (currently, $75 million) worth of defense articles and services in unforeseen emergencies. Authorizes appropriations as necessary to reimburse the applicable appropriation, fund, or account. Chapter 2: Nonproliferation and Disarmament Fund - Authorizes assistance to be provided for specified activities to facilitate the dismantlement and nonproliferation of nuclear, biological, chemical, and conventional weapons. Chapter 3: Regional Peace, Security and Defense Cooperation - Authorizes assistance to be provided to: (1) support peace and the development of democratic institutions and to meet economic, political, and security needs in the Near East; (2) meet immediate threats to international peace and security posed by regional and internal conflicts through collective defense efforts; and (3) enhance the ability of countries willing to share the burden of collective security efforts to maintain international peace and security. (Sec. 3303) Declares that the President, in providing such assistance, should take into account the desirability of shifting resources away from the provision of defense articles to economic development purposes as rapidly as is warranted by the easing of threats to regional peace and the need to maintain ongoing defense relations. Chapter 4: International Narcotics Trafficking, Terrorism and Crime Prevention - Authorizes assistance to be provided to: (1) control narcotics and other controlled substances; (2) enhance the rule of law and the ability of law enforcement and defense personnel to combat international criminal activity; (3) enhance anti-terrorism skills of foreign law enforcement and defense personnel; (4) provide anti-crime, -terrorism, and -narcotics assistance to friendly countries; and (5) promote international criminal justice. (Sec. 3403) Incorporates certain existing anti-narcotics assistance and agreement authorities. (Sec. 3404) Prohibits Department of State employees from engaging in the training of law enforcement personnel for anti-terrorism programs, with a specified exception. (Sec. 3405) Makes provisions of law which prohibit assistance to countries in arrears on certain loan commitments to the United States inapplicable with respect to narcotics control assistance. Title IV: Providing Humanitarian Assistance - Chapter 1: Refugee Assistance - Lists purposes of refugee assistance. Incorporates existing provisions of law that provide for the U.S. Emergency Refugee and Migration Assistance Fund. Chapter 2: Disaster Assistance - Incorporates existing provisions of law that authorize international disaster assistance. Expands the source of funding from which the disaster account can borrow. Authorizes funds to be used to respond rapidly to reconstruction and institution-building needs arising from natural or manmade disasters. Chapter 3: Emergency Food Assistance - Sets forth U.S. policy regarding emergency food assistance. Title V: Promoting Growth Through Trade and Investment - Chapter 1: Overseas Private Investment Corporation - Incorporates certain existing provisions regarding the purpose and guidelines of the Overseas Private Investment Corporation (OPIC). Raises the ceiling on: (1) per capita income of countries required to receive preferential consideration for OPIC projects; and (2) the maximum contingent liability pursuant to insurance issued. (Sec. 5104) Authorizes OPIC to commit investment financing for direct lending in an amount of up to $5 billion for FY 1995 through 1999. Extends OPIC's authority to carry out investment insurance and financing through FY 1999. (Sec. 5201) Directs the Corporation to refuse to insure, reinsure, or finance an investment for purposes of establishing in a foreign country any export processing zone or area in which the tax, tariff, labor, environment, and safety laws of that country do not apply to activities carried out in the area unless the assistance is not likely to cause a loss of jobs within the United States. Chapter 2: Trade and Development Agency - Incorporates certain existing provisions of law regarding the Trade and Development Agency. Chapter 3: Role of Related Programs - Sets forth policy regarding food security and Export-Import Bank programs. Title VI: Advancing Diplomacy - Sets forth policy regarding the advancement of diplomacy. Title VII: Special Authorities, Restrictions on Assistance, and Reports - Chapter 1: Special Authorities - Revises existing provisions regarding the President's authority to transfer funds between foreign assistance accounts. (Sec. 7102) Sets forth presidential special waiver authorities similar to those under existing law. Raises annual ceilings on the amounts that can be authorized for arms sales or leases or foreign assistance or for the use of foreign currencies under such authorities. (Sec. 7103) Raises the annual ceiling on the amount the President can use for unanticipated contingencies. (Sec. 7104) Provides for assistance for certain law enforcement functions. (Sec. 7106) Provides that restrictions contained in any Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental or international organizations. (Sec. 7108) Authorizes the functions of this Act to be performed without regard to specified provisions of the Neutrality Act of 1939. (Sec. 7110) Incorporates certain existing provisions regarding the President's authority to conduct reimbursable programs. (Sec. 7111) Raises the ceiling on the amount of defense and services authorized to be drawn down in unforeseen emergencies or special circumstances. (Sec. 7113) Authorizes the use of sustainable development assistance funds to support development education programs. (Sec. 7114) Authorizes assistance to nongovernmental organizations to strengthen their capacity to carry out development programs. (Sec. 7115) Permits the use of certain funds under this Act to support activities of international tribunals, commissions, or panels to investigate or prosecute persons responsible for genocide, crimes against humanity, and other violations of international humanitarian law. Authorizes the President to draw down Federal property or services for such purposes. Chapter 2: Restrictions on Assistance - Incorporates and revises certain existing provisions to prohibit assistance to: (1) Communist countries; (2) human rights violators; (3) countries whose governments have expropriated U.S. property; (4) countries whose elected head of government is deposed by a military coup; (5) terrorist or major illicit drug producing or transit countries; and (6) countries in arrears to the U.S. Government for more than one year on any interest or principal on a loan or credit extended under this Act, the Arms Export Control Act, or the former authorities of the Foreign Assistance Act of 1961. (Sec. 7201) Provides for waivers of such restrictions if the President submits a certain report and the assistance: (1) is important to the national interest; (2) will directly benefit the needy; (3) is for refugees and displaced persons; or (4) will promote human rights and democracy. Requires the President to designate Communist countries. Prohibits the following with respect to human rights violators: (1) sales of defense articles and services and the issuance of export licenses under the Arms Export Control Act; and (2) the issuance of export licenses required for crime control and detection equipment under the Export Administration Act of 1979. Bars assistance under the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, and the Export-Import Bank Act of 1945 to terrorist countries. Prohibits arms sales under the Arms Export Control Act, the provision of agricultural commodities other than food under the Agricultural Trade Development and Assistance Act of 1954, and assistance under the Export-Import Bank Act of 1945 to major illicit drug producing and transit countries. (Sec. 7202) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for developing an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the areas, unless the President certifies that such assistance is not likely to cause a loss of jobs within the United States; or (3) assistance for any project that contributes to the violation of workers' rights. (Sec. 7203) Incorporates existing prohibitions on the use of funds to coerce a person to practice abortions or to perform, or undergo, involuntary sterilization. (Sec. 7204) Declares that the President, in determining whether to provide assistance under this Act, should take into consideration whether assistance would be furnished to support an activity that is specifically designed to increase exports of any agricultural, textile, or apparel commodity from a developing country where such exports: (1) would be in direct competition with U.S. exports; and (2) can reasonably be expected to cause substantial injury to U.S. exporters of the same or a similar commodity. (Sec. 7205) Incorporates restrictions on nuclear enrichment and reprocessing transfers and illegal nuclear exports similar to those under existing law. Retains a requirement that conditions assistance for Pakistan on a certification that Pakistan does not possess a nuclear explosive device. (Sec. 7206) Sets forth prohibitions on assistance to major illicit drug producing and transit countries. Authorizes (current law requires) the President to withhold up to 50 percent of the assistance allocated to such a country until the country has taken adequate steps to control cultivation, smuggling, trafficking, and abuse of illegal drugs. (Sec. 7208) Permits the President to waive a limitation on participation in combatant duties by the armed forces in carrying out assistance programs if such limitation is not in the national interest. (Sec. 7209) Prohibits the use of development assistance for military or paramilitary purposes, with exceptions for military participation in training activities, conferences, and other sustainable development programs. (Sec. 7210) Incorporates certain existing provisions concerning the impact of development assistance programs on the environment. Urges (current law requires) the President to prepare and take into account environmental assessments of proposed programs. Chapter 3: Reports and Notifications to Congress - Sets forth requirements for: (1) congressional presentation documents for programs under titles I, II, and III of this Act; (2) human rights, international narcotics control, and annual allocation reports; (3) notification of program changes; and (4) the establishment of a program within the Agency for International Development (AID) to evaluate and monitor development program performance. Title VIII: General Provisions - Chapter 1: Exercise and Coordination of Functions - Incorporates existing provisions concerning delegation of authorities by the President and the roles of the Secretaries of State and Defense concerning foreign assistance. (Sec. 8104) Requires AID to be under the foreign policy guidance and subject to the supervision of the Secretary of State. Chapter 2: Administrative Authorities - Subchapter A: General Authorities - Incorporates certain existing provisions regarding the allocation of funds and reimbursement among Federal agencies. (Sec. 8202) Authorizes the President to charge fees for guarantees and loans issued in connection with assistance under this Act. Incorporates certain existing general assistance authorities. Authorizes any agency administering assistance under this Act to establish a working capital fund to be used for expenses related to the training of foreign nationals. Removes certain ceilings on the amount of assistance funds available for entertainment expenses, the acquisition of living quarters, schools, and hospitals for personnel, and the education of dependents. Subchapter B: Department of Defense Administrative Authorities - Incorporates certain existing provisions that make funds available for administrative expenses incurred in furnishing assistance through the Department of Defense (DOD). (Sec. 8212) Provides that no prior consent for transfer by a foreign country of defense articles sold by the United States shall be required if: (1) such articles constitute components incorporated into a foreign defense article; (2) the recipient is the government of a North Atlantic Treaty Organization (NATO) country, Australia, or Japan; (3) the U.S.-origin components were not significant military equipment and are not Missile Technology Control Regime items; and (4) the foreign country or persons transferring the items provide notification to the United States within 30 days following the transfer. Chapter 3: Special Requirements and Authorities Relating to Appropriations and Local Currencies - Subchapter A: Provisions Relating to Appropriations - Incorporates certain existing provisions that require authorization before funds appropriated for foreign assistance are expended. (Sec. 8302) Authorizes funds to remain available until expended. Subchapter B: Local Currencies - Incorporates certain existing provisions concerning the use of, and interest on, local currencies. Chapter 4: Procurement and Disposition of Articles - Requires the President to: (1) carry out assistance programs through private channels to the maximum extent practicable; (2) utilize the products and services of the U.S. private sector to operate projects in cases in which direct private investment is not readily encouraged; and (3) utilize goods and services of private enterprise on a contract basis in providing technical assistance. (Sec. 8403) Incorporates and revises certain existing authorities concerning shipping on U.S. vessels and the use of excess property in furnishing assistance. (Sec. 8405) Sets forth conditions on the transfer of excess defense articles. (Sec. 8407) Authorizes the President to designate countries in which a stockpile may be located. Chapter 5: Personnel and Administrative Expenses - Subchapter A: General - Authorizes the President to appoint 12 officers in AID. (Sec. 8502) Sets forth provisions regarding: (1) the employment of personnel; (2) the use of experts and consultants; and (3) the detail of personnel to foreign governments and international organizations. (Sec. 8511) Authorizes AID to expend funds in advance of appropriations in an amount sufficient to maintain operations at posts abroad for up to three days. Subchapter B: Overseas Management of Assistance and Sales Programs Administered Through the Department of Defense - Authorizes the President to detail members of the armed forces to foreign countries to perform certain functions for the management and sales programs administered through DOD under this Act and the Arms Export Control Act. (Sec. 8521) Requires advisory and training assistance by members of the armed forces to be kept to an absolute minimum. Subchapter C: Administrative Provisions for the Trade and Development Agency - Incorporates certain existing provisions concerning the Trade and Development Agency. Subchapter D: Administrative Provisions for the Overseas Private Investment Corporation - Incorporates certain existing administrative provisions for OPIC. Subchapter E: Definitions and Miscellaneous Provisions - Sets forth specified definitions. Title IX: Technical and Conforming Provisions - States that this Act shall take effect on October 1, 1994. (Sec. 9103) Incorporates certain existing provisions concerning: (1) the Federal Act of State doctrine; (2) accounting and valuation of foreign currencies and expropriated property; and (3) participation in foreign police actions. (Sec. 9104) Makes conforming amendments and repeals specified laws.
Bill· SS. 1843 (103rd)referred
United States · United States Congress · 10 February 1994
TABLE OF CONTENTS: Title I: Saving the Taxpayers Money Subtitle A: Specific Spending Cuts Subtitle B: Reducing the Size of Government Subtitle C: Eliminating Government Printing Monopoly Title II: Streamlining the Federal Bureaucracy Subtitle A: Department of Agriculture Reorganization Subtitle B: Procurement Streamlining Subtitle C: Other Streamlining Reforms Title III: Improving Government Performance and Accountability Title IV: Improving the Legislative Process Title V: Enforcement Government Downsizing, Performance, and Accountability Act of 1994 - Title I: Saving The Taxpayers Money - Subtitle A: Specific Spending Cuts - Rescinds 7.5 percent of remaining FY 1994 appropriations for the legislative branch (except the House of Representatives and the Executive Office of the President). (Sec. 1003) Amends the Legislative Reorganization Act of 1946 to limit annual cost of living adjustments (COLAs) for Members of Congress to those for other Federal employees. (Sec. 1004) Rescinds certain FY 1994 appropriations to provide for reductions in FY 1994 budgetary outlays for, and thereafter through FY 1996 sets general obligational limits on, various specified agency administrative expenses (except Department of Defense (DOD) and other specified expenses), as determined by the Director of the Office of Management and Budget (OMB). (Sec. 1005) Makes specified rescissions in current FY 1994 appropriations for: (1) the Agency for International Development's (AID) Development Assistance Fund; (2) Department of State Diplomatic and Consular Programs; and (3) salaries and expenses of the United States Information Agency (USIA) and USIA's North/South Center. (Sec. 1006) Raises the minimum threshold for application of the prevailing wage requirements of the Davis-Bacon Act from $2,000 to $100,000 for Federal or District of Columbia contracts within the geographical limits of the 48 contiguous States. Prohibits artificially splitting contracts above the $100,000 threshold into contracts smaller than $100,000 for the purpose of evading such Act. (Sec. 1007) Permits the use of funds under the Department of Labor Appropriations Act, 1994 to implement or administer certain regulations pertaining to utilization of helpers on Federal construction projects subject to the Davis-Bacon Act. (Sec. 1008) Amends the National Foundation on the Arts and the Humanities Act of 1965 to phase-in through FY 1998 a ten percent reduction in Federal funding for the National Endowments for the Arts and the Humanities. Requires a phase-in of eight percent funding reductions for the Smithsonian Institution, the National Gallery of Art, and Corporation for Public Broadcasting. (Sec. 1009) Places a one-year moratorium on construction of new Federal buildings and agency leasing of building space, except construction of buildings primarily used for education, and certain pending projects. Rescinds a specified amount of FY 1994 obligational authority from the Federal Buildings Fund for new construction and acquisitions. (Sec. 1010) Makes specified rescissions of FY 1994 funding for: (1) the Appalachian Regional Commission; (2) the Legal Services Corporation; (3) community development block grant programs; (4) the Tennessee Valley Authority; (5) public housing; (6) the Economic Development Administration; (7) the International Developmental Association (IDA); (8) the International Bank for Reconstruction and Development; and (9) United Nations (UN) peacekeeping. (Sec. 1012) Amends the Housing and Community Development Act of 1974 to reauthorize at slightly increased levels and extend through FY 1998 the community development grant program for States, local governments, and Indian tribes. (Sec. 1014) Replaces programs providing Federal assistance for the construction of new non-Indian-related public housing with a tenant-based voucher assistance program. (Sec. 1016) Expands the program which assists Federal employees permanently disabled on the job in order to help them find new employment. Authorizes the Secretary of Labor to expand the Federal Employees' Compensation Act Periodic Roll Management Projects to all offices of the Department of Labor's Office of Workers' Compensation Program. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 to impose limitations on the availability of funding for the IDA in FY 1994 and 1995. (Sec. 1018) Amends the National Energy Conservation Policy Act to allow the use of any cogeneration process for other than federally owned buildings or other federally owned facilities when entering into contracts for achieving energy savings at Federal agencies. (Sec. 1019) Amends the National Housing Act to revise mortgage refinancing provisions to authorize the Secretary of the Department of Housing and Urban Development (HUD) to use amounts recaptured under such provisions for the refinancing incentives and costs payments authorized under them. Subtitle B: Reducing the Size of Government - Alaska Power Administration Sale Authorization Act - Authorizes the Secretary of Energy, in accordance with specified purchase agreements, to sell: (1) the Snettisham Hydroelectric Project to Alaska; and (2) the Eklutna Hydroelectric Project to the Anchorage Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (Sec. 1101) Directs the Secretary to: (1) close out the Alaska Power Administration; (2) report to the Congress on the sales; and (3) return to the Treasury unused balances of funds appropriated for the Alaska Power Administration. Repeals specified Federal law concerning water resources investigations in Alaska by the Secretary of the Interior. (Sec. 1102) Rescinds a specified amount of funds available for the National Oceanic and Atmospheric Administration fleet for research. (Sec. 1103) Directs the Secretary of Veterans Affairs to phase-out and close certain Department of Veterans Affairs supply depots in New Jersey, Illinois, and California and transfer funding back to the Treasury. (Sec. 1104) Repeals the State Justice Institute Act of 1984, thereby terminating the State Justice Institute. Rescinds half the FY 1994 appropriations for salaries and expenses of the State Justice Institute. (Sec. 1105) Eliminates the National Small Business Tree Planting Program. (Sec. 1106) Amends Federal law to: (1) permit DOD to contract for certain non-core functions such as data processing, billing, and payroll; (2) authorize appropriations out of a special fund credited with a portion of the delinquent debts collected in order to improve debt collection activities; (3) allow the U.S. Customs Service to utilize private debt collection companies; (4) subject the Internal Revenue Service, the Social Security Administration, and the U.S. Customs Service to statutorily prescribed debt collection reporting requirements; and (5) repeal requirements pertaining to Department of Justice contracting for private legal services in connection with indebtedness cases. Subtitle C: Eliminating Government Printing Monopoly - Government Information Dissemination and Printing Improvement Act of 1994 - Transfers the position of Superintendent of Documents (SD) and all its functions to the Library of Congress, to be carried out by an official of the same title under the direction of the Librarian of Congress. (Sec. 1202) Revokes all existing authorized printing plant charters. (Sec. 1203) Requires all Government publications to be available for use throughout the Government. (Sec. 1204) Requires each department, agency, and other entity of the Government to: (1) establish a comprehensive inventory of its publications; (2) make it available via the electronic directory; and (3) furnish its publications to the SD. (Sec. 1205) Imposes additional specified responsibilities on the: (1) Public Printer with respect to the executive and judicial branches; and (2) SD with respect to dissemination of Government publications. (Sec. 1206) Requires the head of a Government department, agency, or entity to furnish any of its publications to the SD. (Sec. 1207) Requires the SD to make Government publications available to designated depository libraries and State libraries. Title II: Streamlining The Federal Bureaucracy - Subtitle A: Department of Agriculture Reorganization - Directs the Secretary of Agriculture to: (1) consolidate field, regional, and national offices within the Department of Agriculture; and (2) reduce personnel in order to achieve a specified expenditure reduction by FY 2000. Subtitle B: Procurement Streamlining - Replaces armed forces provisions giving preference to nondevelopmental items in supply procurements with provisions for the acquisition of commercial items (property regularly used by the general public or non-governmental entities for non-governmental purposes) in equipment or supply procurements. Authorizes the Secretary of Defense to develop and acquire non-commercial equipment or supplies only if no commercial items are available. Makes cost accounting standards under the Office of Federal Procurement Policy Act (OFPPA) inapplicable to acquisitions of commercial items. (Sec. 2052) Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make similar changes with respect to civilian agency acquisitions. (Sec. 2061) Amends OFPPA to raise the small purchase threshold (renamed the simplified acquisition threshold (SAT)) to $100,000. Makes the same change with regard to armed services acquisitions, except with regard to the contingency operation exception for certain contracts and purchases. Extends the new threshold under OFPPA to FPASA. (Sec. 2066) Requires simplified procedures under the Federal Acquisition Regulation (FAR) for SAT acquisitions. (Sec. 2068) Amends OFPPA and the Small Business Act to: (1) repeal references to "the small purchase threshold" and continue existing notice thresholds for procurements over $25,000 (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders in excess of SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000. (Sec. 2071) Exempts: (1) subject agency (National Aeronautics and Space Administration, Coast Guard, DOD, and respective military departments) contracts below SAT from contingent fee certifications, prohibitions on limiting subcontractor direct sales and doing business with certain contractors, and requirements for audits, supplier and supply source identification, and use of U.S. vessels for supply transportation; (2) civilian agency contracts below SAT from similar requirements with regard to subcontractor direct sales; (3) prime contracts below SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and (4) contracts below SAT from the Miller Act (MA), the Contract Work Hours and Safety Standards Act, Service Contract Act of 1965, and Drug-Free Workplace Act of 1988, requirements regarding certain disabled veterans, and specified requirements under the Rehabilitation Act of 1973, Buy American Act, and Davis-Bacon Act. Requires the FAR to provide various alternative payment protections, including payment bonds, for suppliers of labor and materials on certain contracts under MA. (Sec. 2081) Requires the Federal Acquisition Regulatory Council to review the FAR to identify and amend regulations applicable to acquisitions below SAT. Requires agency heads to take similar action with respect to applicable supplemental regulations, policies, and procedures. Subtitle C: Other Streamlining Reforms - Amends the Copeland Act to require employers on contracts covered by the Davis-Bacon Act to certify compliance with applicable labor law standards at least once monthly, instead of weekly, to the Department of Labor. (Sec. 2102) Consolidates into the Block Grants to States for Social Services program under title XX of the Social Security Act (SSA) various social services programs under the Community Services Block Grant Act, the Child Care and Development Block Grant Act of 1990, titles III (Grants for State and Community Programs on Aging) and VII (Nutrition Program for the Elderly) of the Older Americans Act of 1965, the State Dependent Care Development Grants Act, and the SSA title IV part A (Aid to Families With Dependent Children) program for at-risk children. (Sec. 2103) Amends SSA title XVIII (Medicare) to revise the contractor system under Medicare, including eliminating the Railroad Retirement Board's authority to contract for processing the Medicare claims of railroad retirees, in order to provide for increased flexibility in contracting for Medicare claims processing. (Sec. 2104) Amends SSA title II (Old Age, Survivors and Disability Insurance) to restructure the current program for death information exchange: (1) to use, for example, a Federal Clearinghouse on Death Information as the vehicle for all such exchanges; and (2) in the case of individuals with respect to whom federally funded benefits are provided by (or through) a Federal or State agency other than under SSA, to require such agency to pay a set fee to cover all costs connected with the provision of such information for them. Ends the exemption from Internal Revenue Code requirements for Social Security Administration sharing of State collected death information with Federal, State, and local agencies granted to two States under the Omnibus Budget Reconciliation Act of 1993. (Sec. 2105) Amends SSA title II to earmark specified levels of administrative funding for continuing disability reviews of disabled beneficiaries. (Sec. 2106) Amends SSA title XI to authorize the Secretary of Veterans Affairs (VA) to use the Medicare and Medicaid Coverage Data Bank (renamed the Health Care Coverage Data Bank) to determine whether veterans receiving VA health care benefits have private insurance. (Sec. 2107) Amends the Housing and Community Development Amendments of 1978 to revise requirements for the management and disposition of Department of Housing and Urban Development (HUD)-held multifamily properties and mortgages. Title III: Improving Government Performance and Accountability - Requires that all authorization and appropriation legislation contain performance goals for any programs they fund. Provides for waivers from such requirement under certain conditions. (Sec. 3002) Amends Federal civil service law to: (1) link Federal within-grade pay increases to job performance; (2) provide for the modification of reduction-in-force (RIF) regulations to give an employee's efficiency or performance rating greater weight than tenure of employment and length of service during a RIF. (Sec. 3003) Requires the Federal Accounting Standards Advisory Board to recommend comprehensive and uniform Federal accounting and financial standards to the Congress and the President. (Sec. 3005) Revises current law regarding annual agency financial statements and agency audits, with changes requiring audited statements covering all accounts and associated activities of each office, bureau, and activity of the concerned agency. (Sec. 3006) Amends the Federal Employees' Compensation Act (FECA) to: (1) make it a felony to lie on FECA benefit applications; (2) bar from FECA program participation those individuals convicted of defrauding it; and (3) generally cut off FECA benefits to individuals in correctional facilities who have been convicted of a felony. (Sec. 3007) Allows Federal agencies to reduce employees or positions below mandated personnel levels. Title IV: Improving the Legislative Process - Amends the Congressional Budget and Impoundment Control Act of 1974 to require that each line-item in an appropriations bill and each tax expenditure in a revenue bill be enrolled as a separate bill to be presented to the President (effectively giving the President line-item veto authority over such measures while ensuring that the override provisions of the U.S. Constitution apply). (Sec. 4002) Amends rule XVI of the Standing Rules of the Senate to allow a point of order against reception or consideration of any appropriations bill or amendment containing a provision that has not been previously authorized by law within the preceding five years. (Sec. 4003) Amends the Congressional Budget Act of 1974 to make congressional consideration of emergency legislation subject to the same budgetary points of order and super-majority waiver requirements as other legislation. Title V: Enforcement - Provides that none of the changes in direct spending and receipts resulting from this Act shall be reflected in OMB estimates under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Directs the Director of OMB, upon enactment of this Act, to make specified downward adjustments in discretionary spending limits under the Congressional Budget Act of 1974 for FY 1994 through 1999. Makes specified reductions in budget outlays and authority for the House and Senate Committees on Appropriations under the Congressional Budget Act of 1974. Authorizes and directs each Committee on Appropriations to adjust its suballocations among its subcommittees for FY 1994 to reflect the lower allocations provided above. Amends the Congressional Budget Act of 1974 and the Gramm-Rudman-Hollings Act to provide for the establishment of a defense firewall through FY 1998.
Bill· HJRESH.J.Res. 324 (103rd)referred
United States · United States Congress · 10 February 1994
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. 321 (103rd)referred
United States · United States Congress · 9 February 1994
Constitutional Amendment - Grants the President item veto authority with respect to legislation concerning appropriations, contract authority, or tax changes.
Bill· HRH.R. 3765 (103rd)referred
United States · United States Congress · 2 February 1994
TABLE OF CONTENTS: Title I: Sustainable Development Title II: Building Democracy Title III: Promoting Peace Title IV: Providing Humanitarian Assistance Title V: Promoting Growth Through Trade and Investment Title VI: Advancing Diplomacy Title VII: Special Authorities, Restrictions on Assistance, and Reports Title VIII: General Provisions Title IX: Technical and Conforming Provisions Peace, Prosperity, and Democracy Act of 1994 - Repeals the Foreign Assistance Act of 1961 (with the exception of a few provisions) as well other specified foreign relations and assistance Acts. Sets forth revised foreign assistance policy provisions. Title I: Sustainable Development - Chapter 1: Sustainable Development Authorities - Sets forth policy for sustainable development programs and voluntary cooperation in development. (Sec. 1103) Encourages the President to establish a formal and continuing partnership with private voluntary organizations, cooperatives, and credit unions which have experience working in developing countries, and with colleges and universities, to carry out the objectives of this title. Authorizes the President to use funds in support of this title for: (1) schools and libraries outside the United States that are sponsored by U.S. citizens and that serve as study and demonstration centers for the ideas and practices of the United States; and (2) hospital centers for medical education and research outside the United States that are sponsored by U.S. citizens. (Sec. 1104) Permits the President to provide assistance for credit programs in furtherance of the following sustainable objectives: (1) micro- and small enterprise development; (2) shelter, urban services, and environmental infrastructure; and (3) other programs to carry out the purposes of this chapter. Chapter 2: Development Fund for Africa - Makes funds under chapter 1 available for programs for Subsaharan Africa. Chapter 3: Role of Related Programs - Sets forth U.S. policy regarding: (1) the role of international financial institutions; (2) the Peace Corps; (3) the African Development and Inter-American Foundations; and (4) specified non-emergency food assistance programs. Title II: Building Democracy - Sets forth policy regarding the promotion of democracy. Chapter 1: Promoting Democracy - Subchapter A: Countries in Transition - Authorizes the President to provide assistance for countries: (1) that have recently emerged or are in the process of emerging as democratic societies; (2) that have recently emerged or are emerging from civil strife and either have a democratically-elected government or are making progress toward developing such a government; or (3) where democratic progress or institutions are threatened. (Sec. 2102) Declares that programs under this subchapter should be designed to facilitate the trend toward more open, just, and democratic societies. Permits such assistance to military and law enforcement forces to: (1) orient militaries or law enforcement agencies to their respective roles in a democratic order; (2) enhance the accountability of law enforcement agencies to civil justice institutions; (3) promote demilitarization of society; and (4) meet security challenges on a transitional basis that threaten to impede or reverse democratic reforms or institutions. Subchapter B: Independent States of the Former Soviet Union - Makes funds available for assistance to the independent states of the former Soviet Union as authorized and appropriated to the President each fiscal year. Subchapter C: Central and Eastern Europe - Sets forth policy towards democracy and free enterprise in Central and Eastern Europe. (Sec. 2302) Makes funds available for assistance for Central and Eastern Europe as authorized and appropriated to the President each fiscal year. Chapter 2: Information and Exchange - Sets forth policy with respect to programs administered by the U.S. Information Agency (USIA). Title III: Promoting Peace - Chapter 1: Peacekeeping and Related Programs - Sets forth policy concerning peacekeeping and related programs. (Sec. 3102) Authorizes the President to: (1) pay assessed and other contributions and expenses of international peacekeeping activities; and (2) furnish assistance to foreign countries and international and regional organizations and arrangements for peacekeeping. (Sec. 3103) Authorizes the President to direct the drawdown of up to $100 million (currently, $75 million) worth of defense articles and services in unforeseen emergencies. Authorizes appropriations as necessary to reimburse the applicable appropriation, fund, or account. Chapter 2: Nonproliferation and Disarmament Fund - Authorizes assistance to be provided for specified activities to facilitate the dismantlement and nonproliferation of nuclear, biological, chemical, and conventional weapons. Chapter 3: Regional Peace, Security and Defense Cooperation - Authorizes assistance to be provided to: (1) support peace and the development of democratic institutions and to meet economic, political, and security needs in the Near East; (2) meet immediate threats to international peace and security posed by regional and internal conflicts through collective defense efforts; and (3) enhance the ability of countries willing to share the burden of collective security efforts to maintain international peace and security. (Sec. 3303) Declares that the President, in providing such assistance, should take into account the desirability of shifting resources away from the provision of defense articles to economic development purposes as rapidly as is warranted by the easing of threats to regional peace and the need to maintain ongoing defense relations. Chapter 4: International Narcotics Trafficking, Terrorism and Crime Prevention - Authorizes assistance to be provided to: (1) control narcotics and other controlled substances; (2) enhance the rule of law and the ability of law enforcement and defense personnel to combat international criminal activity; (3) enhance anti-terrorism skills of foreign law enforcement and defense personnel; (4) provide anti-crime, -terrorism, and -narcotics assistance to friendly countries; and (5) promote international criminal justice. (Sec. 3403) Incorporates certain existing anti-narcotics assistance and agreement authorities. (Sec. 3404) Prohibits Department of State employees from engaging in the training of law enforcement personnel for anti-terrorism programs, with a specified exception. (Sec. 3405) Makes provisions of law which prohibit assistance to countries in arrears on certain loan commitments to the United States inapplicable with respect to narcotics control assistance. Title IV: Providing Humanitarian Assistance - Chapter 1: Refugee Assistance - Lists purposes of refugee assistance. Incorporates existing provisions of law that provide for the U.S. Emergency Refugee and Migration Assistance Fund. Chapter 2: Disaster Assistance - Incorporates existing provisions of law that authorize international disaster assistance. Expands the source of funding from which the disaster account can borrow. Authorizes funds to be used to respond rapidly to reconstruction and institution-building needs arising from natural or manmade disasters. Chapter 3: Emergency Food Assistance - Sets forth U.S. policy regarding emergency food assistance. Title V: Promoting Growth Through Trade and Investment - Chapter 1: Overseas Private Investment Corporation - Incorporates certain existing provisions regarding the purpose and guidelines of the Overseas Private Investment Corporation (OPIC). Raises the ceiling on: (1) per capita income of countries required to receive preferential consideration for OPIC projects; and (2) the maximum contingent liability pursuant to insurance issued. (Sec. 5104) Authorizes OPIC to commit investment financing for direct lending in an amount of up to $5 billion for FY 1995 through 1999. Extends OPIC's authority to carry out investment insurance and financing through FY 1999. (Sec. 5201) Directs the Corporation to refuse to insure, reinsure, or finance an investment for purposes of establishing in a foreign country any export processing zone or area in which the tax, tariff, labor, environment, and safety laws of that country do not apply to activities carried out in the area unless the assistance is not likely to cause a loss of jobs within the United States. Chapter 2: Trade and Development Agency - Incorporates certain existing provisions of law regarding the Trade and Development Agency. Chapter 3: Role of Related Programs - Sets forth policy regarding food security and Export-Import Bank programs. Title VI: Advancing Diplomacy - Sets forth policy regarding the advancement of diplomacy. Title VII: Special Authorities, Restrictions on Assistance, and Reports - Chapter 1: Special Authorities - Revises existing provisions regarding the President's authority to transfer funds between foreign assistance accounts. (Sec. 7102) Sets forth presidential special waiver authorities similar to those under existing law. Raises annual ceilings on the amounts that can be authorized for arms sales or leases or foreign assistance or for the use of foreign currencies under such authorities. (Sec. 7103) Raises the annual ceiling on the amount the President can use for unanticipated contingencies. (Sec. 7104) Provides for assistance for certain law enforcement functions. (Sec. 7106) Provides that restrictions contained in any Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental or international organizations. (Sec. 7108) Authorizes the functions of this Act to be performed without regard to specified provisions of the Neutrality Act of 1939. (Sec. 7110) Incorporates certain existing provisions regarding the President's authority to conduct reimbursable programs. (Sec. 7111) Raises the ceiling on the amount of defense and services authorized to be drawn down in unforeseen emergencies or special circumstances. (Sec. 7113) Authorizes the use of sustainable development assistance funds to support development education programs. (Sec. 7114) Authorizes assistance to nongovernmental organizations to strengthen their capacity to carry out development programs. (Sec. 7115) Permits the use of certain funds under this Act to support activities of international tribunals, commissions, or panels to investigate or prosecute persons responsible for genocide, crimes against humanity, and other violations of international humanitarian law. Authorizes the President to draw down Federal property or services for such purposes. Chapter 2: Restrictions on Assistance - Incorporates and revises certain existing provisions to prohibit assistance to: (1) Communist countries; (2) human rights violators; (3) countries whose governments have expropriated U.S. property; (4) countries whose elected head of government is deposed by a military coup; (5) terrorist or major illicit drug producing or transit countries; and (6) countries in arrears to the U.S. Government for more than one year on any interest or principal on a loan or credit extended under this Act, the Arms Export Control Act, or the former authorities of the Foreign Assistance Act of 1961. (Sec. 7201) Provides for waivers of such restrictions if the President submits a certain report and the assistance: (1) is important to the national interest; (2) will directly benefit the needy; (3) is for refugees and displaced persons; or (4) will promote human rights and democracy. Requires the President to designate Communist countries. Prohibits the following with respect to human rights violators: (1) sales of defense articles and services and the issuance of export licenses under the Arms Export Control Act; and (2) the issuance of export licenses required for crime control and detection equipment under the Export Administration Act of 1979. Bars assistance under the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, and the Export-Import Bank Act of 1945 to terrorist countries. Prohibits arms sales under the Arms Export Control Act, the provision of agricultural commodities other than food under the Agricultural Trade Development and Assistance Act of 1954, and assistance under the Export-Import Bank Act of 1945 to major illicit drug producing and transit countries. (Sec. 7202) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for developing an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the areas, unless the President certifies that such assistance is not likely to cause a loss of jobs within the United States; or (3) assistance for any project that contributes to the violation of workers' rights. (Sec. 7203) Incorporates existing prohibitions on the use of funds to coerce a person to practice abortions or to perform, or undergo, involuntary sterilization. (Sec. 7204) Declares that the President, in determining whether to provide assistance under this Act, should take into consideration whether assistance would be furnished to support an activity that is specifically designed to increase exports of any agricultural, textile, or apparel commodity from a developing country where such exports: (1) would be in direct competition with U.S. exports; and (2) can reasonably be expected to cause substantial injury to U.S. exporters of the same or a similar commodity. (Sec. 7205) Incorporates restrictions on nuclear enrichment and reprocessing transfers and illegal nuclear exports similar to those under existing law. Retains a requirement that conditions assistance for Pakistan on a certification that Pakistan does not possess a nuclear explosive device. (Sec. 7206) Sets forth prohibitions on assistance to major illicit drug producing and transit countries. Authorizes (current law requires) the President to withhold up to 50 percent of the assistance allocated to such a country until the country has taken adequate steps to control cultivation, smuggling, trafficking, and abuse of illegal drugs. (Sec. 7208) Permits the President to waive a limitation on participation in combatant duties by the armed forces in carrying out assistance programs if such limitation is not in the national interest. (Sec. 7209) Prohibits the use of development assistance for military or paramilitary purposes, with exceptions for military participation in training activities, conferences, and other sustainable development programs. (Sec. 7210) Incorporates certain existing provisions concerning the impact of development assistance programs on the environment. Urges (current law requires) the President to prepare and take into account environmental assessments of proposed programs. Chapter 3: Reports and Notifications to Congress - Sets forth requirements for: (1) congressional presentation documents for programs under titles I, II, and III of this Act; (2) human rights, international narcotics control, and annual allocation reports; (3) notification of program changes; and (4) the establishment of a program within the Agency for International Development (AID) to evaluate and monitor development program performance. Title VIII: General Provisions - Chapter 1: Exercise and Coordination of Functions - Incorporates existing provisions concerning delegation of authorities by the President and the roles of the Secretaries of State and Defense concerning foreign assistance. (Sec. 8104) Requires AID to be under the foreign policy guidance and subject to the supervision of the Secretary of State. Chapter 2: Administrative Authorities - Subchapter A: General Authorities - Incorporates certain existing provisions regarding the allocation of funds and reimbursement among Federal agencies. (Sec. 8202) Authorizes the President to charge fees for guarantees and loans issued in connection with assistance under this Act. Incorporates certain existing general assistance authorities. Authorizes any agency administering assistance under this Act to establish a working capital fund to be used for expenses related to the training of foreign nationals. Removes certain ceilings on the amount of assistance funds available for entertainment expenses, the acquisition of living quarters, schools, and hospitals for personnel, and the education of dependents. Subchapter B: Department of Defense Administrative Authorities - Incorporates certain existing provisions that make funds available for administrative expenses incurred in furnishing assistance through the Department of Defense (DOD). (Sec. 8212) Provides that no prior consent for transfer by a foreign country of defense articles sold by the United States shall be required if: (1) such articles constitute components incorporated into a foreign defense article; (2) the recipient is the government of a North Atlantic Treaty Organization (NATO) country, Australia, or Japan; (3) the U.S.-origin components were not significant military equipment and are not Missile Technology Control Regime items; and (4) the foreign country or persons transferring the items provide notification to the United States within 30 days following the transfer. Chapter 3: Special Requirements and Authorities Relating to Appropriations and Local Currencies - Subchapter A: Provisions Relating to Appropriations - Incorporates certain existing provisions that require authorization before funds appropriated for foreign assistance are expended. (Sec. 8302) Authorizes funds to remain available until expended. Subchapter B: Local Currencies - Incorporates certain existing provisions concerning the use of, and interest on, local currencies. Chapter 4: Procurement and Disposition of Articles - Requires the President to: (1) carry out assistance programs through private channels to the maximum extent practicable; (2) utilize the products and services of the U.S. private sector to operate projects in cases in which direct private investment is not readily encouraged; and (3) utilize goods and services of private enterprise on a contract basis in providing technical assistance. (Sec. 8403) Incorporates and revises certain existing authorities concerning shipping on U.S. vessels and the use of excess property in furnishing assistance. (Sec. 8405) Sets forth conditions on the transfer of excess defense articles. (Sec. 8407) Authorizes the President to designate countries in which a stockpile may be located. Chapter 5: Personnel and Administrative Expenses - Subchapter A: General - Authorizes the President to appoint 12 officers in AID. (Sec. 8502) Sets forth provisions regarding: (1) the employment of personnel; (2) the use of experts and consultants; and (3) the detail of personnel to foreign governments and international organizations. (Sec. 8511) Authorizes AID to expend funds in advance of appropriations in an amount sufficient to maintain operations at posts abroad for up to three days. Subchapter B: Overseas Management of Assistance and Sales Programs Administered Through the Department of Defense - Authorizes the President to detail members of the armed forces to foreign countries to perform certain functions for the management and sales programs administered through DOD under this Act and the Arms Export Control Act. (Sec. 8521) Requires advisory and training assistance by members of the armed forces to be kept to an absolute minimum. Subchapter C: Administrative Provisions for the Trade and Development Agency - Incorporates certain existing provisions concerning the Trade and Development Agency. Subchapter D: Administrative Provisions for the Overseas Private Investment Corporation - Incorporates certain existing administrative provisions for OPIC. Subchapter E: Definitions and Miscellaneous Provisions - Sets forth specified definitions. Title IX: Technical and Conforming Provisions - States that this Act shall take effect on October 1, 1994. (Sec. 9103) Incorporates certain existing provisions concerning: (1) the Federal Act of State doctrine; (2) accounting and valuation of foreign currencies and expropriated property; and (3) participation in foreign police actions. (Sec. 9104) Makes conforming amendments and repeals specified laws.
Bill· SS. 1803 (103rd)referred
United States · United States Congress · 26 January 1994
Peace Powers Act of 1994 - Amends the United Nations Participation Act to prohibit the President from subordinating any element of the armed forces participating in a United Nations peacekeeping activity to the command or operational control of any foreign nationals unless he submits specified documents to the appropriate congressional committees or the Congress enacts an Act or joint resolution authorizing such subordination. Lists as the specified documents determinations by the President that: (1) the proposed subordination is in the national security interest (along with a justification for such determination); (2) the unit commanders of the armed forces proposed for subordination will retain the ability to report independently to higher U.S. military authorities; (3) the United States will retain authority to withdraw the armed forces from the operation at any time and to take any action to protect such forces if endangered; (4) the armed forces will remain under U.S. administrative command for purposes of discipline and evaluation; and (5) the proposed foreign command arrangement does not violate the Constitution. (Sec. 5) Provides for notification to the Congress of proposed participation in, or expenditure of funds for, United Nations peacekeeping activities and other related matters. (Sec. 9) Requires the President to report annually to the Congress on the anticipated budget for, and U.S. contributions to, United Nations peacekeeping activities. (Sec. 11) Revises provisions that authorize the President to waive reimbursement from the United Nations for U.S. participation in peacekeeping activities. Permits the Secretary of Defense to authorize such a waiver if an emergency exists, subject to congressional notification requirements. Bars U.S. contributions to United Nations peacekeeping activities, beginning in FY 1995, until the Secretary certifies to the Congress that the United Nations has reimbursed the Department of Defense (DOD) directly for all goods and services provided on a reimbursable basis for such activities. (Sec. 12) Limits the availability of funds made available to DOD for United Nations peacekeeping activities, beginning in FY 1996, unless the Congress has by law specifically made funds available for such purposes. (Sec. 13) Declares that, effective FY 1996, the Congress does not intend to make funds available for payment of U.S. contributions to such activities that exceed 25 percent of the total of such contributions of all countries unless the Congress enacts a statute specifically authorizing a greater percentage contribution. (Sec. 14) Prohibits the obligation or expenditure of funds to pay U.S. contributions for such activities unless the Secretary of State certifies to the appropriate congressional committees that U.S. manufacturers and suppliers are being given equal opportunities to provide equipment, services, and material for such activities. (Sec. 16) Permits intelligence to be provided to the United Nations only pursuant to specified agreements and advance notification to the Congress. (Sec. 17) Withholds, beginning in FY 1995, 50 percent of the funds for U.S. contributions for United Nations peacekeeping activities unless the President makes a specified certification regarding the establishment of an Office of Inspector General within the United Nations.