datamatters24/research-document-archive huggingface dataset:
(c) EFFECTIVE DATE.—The amendments in this sec-
tion shall take effect as if included in the amendments
made by section 803 of the Tax Reform Act of 1986.
Æ
164
(b) REQUIREMENTS
OF GRADUATES
OF NON-ACCREDITED MEDICAL
SCHOOLS.—An alien is ineligible for a visa and shall be excluded from ad-
mission to the United States if the alien—
(1) is seeking admission as an immigrant principally to perform serv-
ices as a member of the medical profession;
(2) is a graduate of a medical school not accredited by an entity ap-
proved by the Secretary of Education; and
(3) has not satisfied the requirements of section 4104(g)(1) of this
title.
(c) LABOR CERTIFICATIONS.—An alien is ineligible for a visa and shall
be excluded from admission to the United States if the alien is seeking ad-
mission as an immigrant to perform skilled or unskilled labor and the Sec-
retary of Labor has not made the certification required by section
4104(g)(2) of this title.
§ 6314. Application of exclusions to aliens leaving Guam,
Puerto Rico, or the Virgin Islands
An alien who leaves Guam, Puerto Rico, or the Virgin Islands and tries
to enter the continental United States or another place under the jurisdic-
tion of the United States is subject to this subchapter (except section
6313(a)). Such an alien who is excluded from admission to the United
States shall be deported immediately in the way provided in section 6335
of this title.
SUBCHAPTER II—PROCEDURE
§ 6331. Exclusion proceedings
(a) PROCEEDING REQUIREMENTS.—(1) When an arriving alien is de-
tained under section 6103(d) of this title for further inquiry about the
alien’s admissibility, an immigration judge shall conduct a proceeding under
this section to decide whether the alien is to be admitted or excluded and
deported.
(2) Sections 303(a) and (b) and 6103(e) of this title apply to a proceed-
ing under this section.
(3) The Attorney General may prescribe regulations for conducting pro-
ceedings under this section.
(4) The procedure provided in this section and by regulations prescribed
under this section is the only procedure for deciding on the admissibility of
an alien under this section.
(b) CLOSED PROCEEDINGS.—A proceeding under this section shall be
closed to the public. However, the alien is entitled—
(1) to have one friend or relative present under conditions prescribed
by the Attorney General; and
115
‘‘(B) TREATMENT OF CERTAIN SALES OF
INTEREST
IN
PARTNERSHIP, ETC.—For pur-
poses of subparagraph (A), any gain from the
sale or exchange of an interest in a partnership,
S corporation, or trust which is attributable to
unrealized appreciation in the value of collect-
ibles held by such entity shall be treated as gain
from the sale or exchange of a collectible. Rules
similar to the rules of section 751(f) shall apply
for purposes of the preceding sentence.
‘‘(C) COLLECTIBLE.—For purposes of this
paragraph, the term ‘collectible’ means any cap-
ital asset which is a collectible (as defined in
section 408(m) without regard to paragraph (3)
thereof).’’
(2) 
CHARITABLE
DEDUCTION
NOT
AF-
FECTED.—
(A) Paragraph (1) of section 170(e) is
amended by adding at the end the following
new sentence: ‘‘For purposes of this paragraph,
section 1222 shall be applied without regard to
paragraph (12) thereof (relating to special rule
for collectibles).’’
(B) Clause (iv) of section 170(b)(1)(C) is
amended by inserting before the period at the
SEC. 2. PROVISION OF ACCESS TO CASE-TRACKING INFOR-
MATION. 
(a) IN GENERAL.—Chapter 59 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 5906. Provision of access to case-tracking informa-
tion 
‘‘(a) IN GENERAL.—(1) The Secretary shall provide 
a covered employee with access to the case-tracking system 
to provide a veteran with information regarding the status 
of a claim submitted by such veteran, regardless of wheth-
er such employee is acting under a power of attorney exe-
cuted by such veteran. 
‘‘(2) In providing a covered employee with access to 
the case-tracking system under paragraph (1), the Sec-
retary shall ensure that such access— 
‘‘(A) is provided in a manner that does not 
allow such employee to modify the data contained in 
such system; and 
‘‘(B) does not include access to medical records. 
‘‘(b) TREATMENT OF DISCLOSURE.—The access to 
information by a covered employee pursuant to subsection 
(a) shall be deemed to be— 
‘‘(1) a covered disclosure under section 552a(b) 
of title 5; and 
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‘‘(2) a permitted disclosure under regulations 
promulgated under section 264(c) of the Health In-
surance Portability and Accountability Act of 1996 
(42 U.S.C. 1320d–2 note). 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘case-tracking system’ means the 
system of the Department of Veterans Affairs that 
provides information regarding the status of a claim 
submitted by a veteran. 
‘‘(2) The term ‘covered employee’ means an em-
ployee of a Member of Congress or an employee of 
a State or local governmental agency (including a 
veterans service officer) who, in the course of car-
rying out the responsibilities of such employment, 
assists veterans with claims for any benefit under 
the laws administered by the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘5906. Provision of access to case-tracking information.’’. 
Æ 
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I
103D CONGRESS
2D SESSION
H. R. 4144
To amend the Internal Revenue Code of 1986 with respect to the treatment
of crops destroyed by casualty.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1994
Mr. MATSUI introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 with respect
to the treatment of crops destroyed by casualty.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TREATMENT OF CROPS DESTROYED BY CAS-
UALTY.
(a) GENERAL RULE.—Paragraph (2) of section
263A(d) of the Internal Revenue Code of 1986 is amended
by redesignating subparagraph (B) as subparagraph (F)
and by striking subparagraph (A) and inserting the follow-
ing new subparagraphs:
‘‘(A) IN GENERAL.—If plants bearing an
edible crop for human consumption were lost or
damaged (while in the hands of the taxpayer)
by reason of freezing temperatures, disease,
drought, pests, or casualty, this section and sec-
tion 263 shall not apply to—
‘‘(i) preproductive or removal costs,
and
‘‘(ii) 80 percent of a taxpayer’s special
replanting costs,
which are incurred for replanting plants bearing
the same type of crop (whether on the same
parcel of land on which such lost or damaged
plants were located or any other parcel of land
of the same acreage in the United States).
‘‘(B) TREATMENT OF SPECIAL REPLANT-
ING COSTS.—Subsection (a) of this section and
section 263 shall apply to the remaining 20 per-
cent of a taxpayer’s special replanting costs.
‘‘(C) PREPRODUCTIVE
COSTS.—For pur-
poses of this subsection, the term ‘preproductive
costs’ means costs which are—
‘‘(i) incurred during the preproductive
period, and
‘‘(ii) not treated as special replanting
costs as defined in subparagraph (D).
Such costs shall include cultivation, mainte-
nance, and development costs as well as admin-
istrative costs and interest; but shall not in-
clude any costs related to assets which are dis-
similar to those used on the original acreage
prior to the casualty.
‘‘(D) SPECIAL
REPLANTING
COSTS.—For
purposes of this subsection, the term ‘special
replanting costs’ includes direct costs incurred
for—
‘‘(i) plants and supporting structures,
‘‘(ii) irrigation and drainage systems
destroyed during removal of the lost or
damaged plants, and
‘‘(iii) land preparation and fumigation
costs,
but shall not include any assets which are dis-
similar to those used on the original acreage
prior to the casualty.
‘‘(E) SPECIAL RULE FOR CERTAIN PLANT-
INGS.—Subparagraph (A) shall apply to that
portion of the costs (including the plants and
associated costs) attributable to replanting ad-
I
103D CONGRESS
2D SESSION
H. R. 4145
To require the Attorney General and the Secretary of State to designate
Ireland as a pilot program country for purposes of the visa waiver
pilot program.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1994
Mr. MCCLOSKEY (for himself, Mr. MACHTLEY, Mr. MOAKLEY, Mr. NEAL of
Massachusetts, Mr. KENNEDY, Mr. FRANK of Massachusetts, Mr. SCHU-
MER, Mr. QUINN, Mr. WALSH, Mr. APPLEGATE, Mr. CALVERT, Mr. CON-
YERS, Mr. COYNE, Mr. GILMAN, Mrs. MALONEY, Mr. MANTON, and Ms.
MOLINARI) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To require the Attorney General and the Secretary of State
to designate Ireland as a pilot program country for pur-
poses of the visa waiver pilot program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) Ireland and the United States have close
cultural and historical ties;
(2) citizens of Ireland who have entered the
United States on nonimmigrant visas have dem-
onstrated exemplary overstay rates of 0.08 percent
in 1992 and 1.2 percent in 1991;
(3) the overstay rates of citizens of Ireland who
enter the United States on nonimmigrant visas are
comparable to the overstay rates of citizens of the
Western European countries that are currently des-
ignated as pilot program countries for purposes of
the visa waiver pilot program described in section
217 of the Immigration and Nationality Act (8
U.S.C. 1187); and
(4) citizens of the United States are able to
enter Ireland without obtaining nonimmigrant visas,
while citizens of Ireland do not receive the same
privilege regarding entry into the United States.
SEC. 2. DESIGNATION OF IRELAND AS VISA WAIVER PILOT
PROGRAM COUNTRY.
(a) IN GENERAL.—The Attorney General and the
Secretary of State shall jointly designate Ireland as a pilot
program country under section 217(c)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1187(c)(1)) for pur-
poses of the visa waiver pilot program described in section
217 of such Act.
(b) REQUIREMENTS APPLICABLE
TO CONTINUING
QUALIFICATION.—The provisions of section 217(c)(3)(A)
of the Immigration and Nationality Act (8 U.S.C.
1187(c)(3)(A)) shall apply to the qualification of Ireland
for designation as a pilot program country for each fiscal
year after the fiscal year for which the designation re-
quired by subsection (a) is made.
Æ
I
103D CONGRESS
2D SESSION
H. R. 4146
To amend the Federal Deposit Insurance Act to clarify provisions intended
to protect the Corporation from having bank loans or other assets diluted
by secret side agreements.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1994
Mr. MCCOLLUM (for himself, Mr. DEUTSCH, Mr. TORKILDSEN, and Mr. ROW-
LAND) introduced the following bill; which was referred to the Committee
on Banking, Finance and Urban Affairs
A BILL
To amend the Federal Deposit Insurance Act to clarify provi-
sions intended to protect the Corporation from having
bank loans or other assets diluted by secret side agree-
ments.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CLARIFICATION.
Section 11(d)(9)(A) of the Federal Deposit Insurance
Act (12 U.S.C. 1821(d)(9)(A)) is amended by striking
‘‘any agreement which does not meet the requirements set
forth in section 13(e)’’ and inserting ‘‘any agreement
which tends to diminish or defeat the interest of the Cor-
poration in any asset acquired by the Corporation as secu-
rity for a loan, by purchase, or as receiver of an insured
depository institution, and which does not meet the re-
quirements of section 13(e).’’.
SEC. 2. APPLICABILITY.
Notwithstanding any other provision of law, the
amendment made by section 1 shall apply to any claim
pending, under judicial review, or on appeal on or after
October 1, 1993.
Æ
694
HR 1530 EAS
Project 86–D–103, decontamination and
waste treatment facility, Lawrence Livermore
National Laboratory, California, $8,885,000.
Project 83–D–148, nonradioactive hazard-
ous waste management, Savannah River, South
Carolina, $1,000,000.
(d) TECHNOLOGY DEVELOPMENT.—Subject to sub-
section (i), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1996 for tech-
nology development in carrying out environmental restora-
tion and waste management activities necessary for na-
tional security programs in the amount of $505,510,000.
(e) TRANSPORTATION MANAGEMENT.—Subject to sub-
section (i), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1996 for trans-
portation management in carrying out environmental res-
toration and waste management activities necessary for na-
tional security programs in the amount of $16,158,000.
(f) NUCLEAR MATERIALS AND FACILITIES STABILIZA-
TION.—Subject to subsection (i), funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1996 for nuclear materials and facilities sta-
bilization in carrying out environmental restoration and
waste management activities necessary for national security
I
103D CONGRESS
2D SESSION
H. R. 4148
To establish the National Commission on Gay and Lesbian Youth Suicide
Prevention.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1994
Mr. MEEHAN introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To establish the National Commission on Gay and Lesbian
Youth Suicide Prevention.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Gay and Lesbian
Youth Suicide Prevention Act’’.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the
‘‘National Commission on Gay and Lesbian Youth Suicide
Prevention’’ (in this Act referred to as the ‘‘Commis-
sion’’).
SEC. 3. DUTIES OF COMMISSION.
(a) IN GENERAL.—The Commission shall combat the
epidemic of suicide among gay and lesbian youth, who ac-
count for 30 percent of completed youth suicides as re-
ported by the United States Department of Health and
Human Services in the 1989 ‘‘Report of the Secretary’s
Task Force on Youth Suicide’’. The Commission shall ad-
vise the Department of Health and Human Services and
other Federal and State youth service agencies concerning
how to include the concerns of gay and lesbian youth with-
in existing suicide prevention policies, programs, and
research.
(b) GOALS OF COMMISSION.—The goals of the Com-
mission shall be to—
(1) work to include the concerns of gay and les-
bian youth within existing suicide prevention pro-
grams at the national and State level;
(2) develop and make specific recommendations
to the Department of Health and Human Services
and other relevant Federal and State agencies about
how to stem the epidemic of gay and lesbian youth
suicide;
(3) work to expand current research on youth
suicide to include gay and lesbian youth; and
(4) work to amend existing youth suicide poli-
cies, guidelines, and programs to include gay and
lesbian youth.
SEC. 4. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 30 members appointed by the Sec-
retary of Health and Human Services. Members shall in-
clude, but not be limited to, professionals and experts in
the field of youth suicide prevention.
(b) TERMS.—Each member of the Commission shall
be appointed for the life of the Commission.
(c) BASIC PAY
AND EXPENSES.—[TO BE SUP-
PLIED]
(d) MEETINGS.—The Commission shall meet quar-
terly with the Secretary of Health and Human Services
and advise various departments within the Department of
Health and Human Services on an ongoing basis.
SEC. 5. REPORTS.
(a) INTERIM REPORTS.—The Commission shall sub-
mit an annual report to the Secretary of Health and
Human Services. The Commission shall conduct regional
public hearings around the United States to gather infor-
mation from youths, family members, and professionals
about the problem of gay youth suicide on an ongoing
basis.
(b) FINAL REPORT.—[TO BE SUPPLIED]
Æ
167
(D) a country with a government that will accept the alien into the
country’s territory if deportation to a country described in clauses (A)–
(C) of this paragraph is impracticable, inadvisable, or impossible.
(c) DEPORTATION VESSELS, AIRCRAFT, AND ACCOMMODATIONS.—(1)
Deportation under this section shall be on a vessel or aircraft owned by the
owner of the vessel or aircraft on which the alien arrived in the United
States, unless it is impracticable to deport the alien on one of those vessels
or aircraft within a reasonable time.
(2) The alien shall be deported in accommodations of the same class in
which the alien arrived.
(d) STAY OF DEPORTATION.—(1) The Attorney General may stay the de-
portation of an alien under this section if the Attorney General decides
that—
(A) immediate deportation is not practicable or proper; or
(B) the alien is needed to testify for the United States Government
in the prosecution of a person for a violation of a law of the United
States.
(2) During the period an alien is detained because of a stay of deporta-
tion under paragraph (1)(B) of this subsection, the Attorney General may
pay from the appropriation ‘‘Immigration and Naturalization Service—Sala-
ries and Expenses’’—
(A) the cost of maintenance of the alien; and
(B) a witness fee of $1 a day.
(3) The Attorney General may release an alien, whose deportation is
stayed under paragraph (1)(B) of this subsection, on—
(A) the alien’s filing a bond of at least $500 with security approved
by the Attorney General;
(B) condition that the alien appear when required as a witness and
for deportation; and
(C) other conditions the Attorney General may prescribe.
§ 6336. Costs of deporting excluded aliens
When an alien is ordered excluded and deported, the owner of the vessel
or aircraft on which the alien arrived in the United States shall pay the
transportation cost of deporting the alien. If deportation is on a vessel or
aircraft not owned by the owner of the vessel or aircraft on which the alien
arrived in the United States, the Attorney General may—
(1) pay the cost from the appropriation ‘‘Immigration and Natu-
ralization Service—Salaries and Expenses’’; and
(2) recover the amount of the cost in a civil action from the owner,
agent, or consignee of the vessel or aircraft on which the alien arrived
in the United States.
1113 
‘‘(III) increase the total cost of 
the Federal crop insurance program.’’. 
SEC. 11034. AGRICULTURAL MANAGEMENT ASSISTANCE, 
RISK MANAGEMENT EDUCATION, AND OR-
GANIC CERTIFICATION COST SHARE ASSIST-
ANCE. 
Section 524 of the Federal Crop Insurance Act (7 
U.S.C. 1524) is amended by striking subsection (b) and 
inserting the following: 
‘‘(b) AGRICULTURAL
MANAGEMENT
ASSISTANCE, 
RISK MANAGEMENT EDUCATION, AND ORGANIC CERTIFI-
CATION COST SHARE ASSISTANCE.— 
‘‘(1) AUTHORITY
FOR
PROVISION
OF
ASSIST-
ANCE.—The Secretary shall provide assistance under 
this section as follows: 
‘‘(A) Provision of organic certification cost 
share assistance pursuant to section 10606 of 
the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 6523). 
‘‘(B) Activities to support risk manage-
ment education and community outreach part-
nerships pursuant to section 522(d), includ-
ing— 
‘‘(i) entering into futures or hedging; 
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HR 414 IH
what constitutes an activity and whether an activity
is a passive activity shall be made by treating the
taxpayer’s rental real property operations, undertak-
ings and activities in the same manner as nonrental
trade or business operations, undertakings, and ac-
tivities.
‘‘(8) INDIVIDUALS
ENGAGED
IN
THE
REAL
PROPERTY BUSINESS.—For purposes of paragraph
(7), an individual is engaged in the real property
business if—
‘‘(A) such individual spends at least 50
percent of such individual’s working time in
real property operations; and
‘‘(B) such individual spends more than 500
hours during the taxable year in real property
operations.
‘‘(9) REAL PROPERTY OPERATIONS.—For pur-
poses of paragraph (8), the term ‘real property oper-
ations’ means any real property development, rede-
velopment, construction, reconstruction, acquisition,
conversion, rental, operation, management, leasing,
brokerage, appraisal, and finance operations.
‘‘(10) WORKING TIME.—For purposes of para-
graph (8), the term ‘working time’ means any time
spent as an employee, sole proprietor, S corporation
I
103D CONGRESS
1ST SESSION
H. R. 414
To amend the Internal Revenue Code of 1986 with respect to the treatment
of certain real estate activities under the limitations on losses from
passive activities.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. STUMP introduced the following bill; which was referred to the Committee
on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 with respect
to the treatment of certain real estate activities under
the limitations on losses from passive activities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That subsection (c) of section 469 of the Internal Revenue
Code of 1986 (relating to passive activity losses and cred-
its limited) is amended by adding at the end the following
new paragraphs:
‘‘(7) TAXPAYERS ENGAGED IN THE REAL PROP-
ERTY BUSINESS.—In the case of a taxpayer engaged
in the real property business, the determination of
HR 414 IH
shareholder, partner in a partnership, or beneficiary
of a trust or estate.
‘‘(11) CLOSELY
HELD
C
CORPORATIONS
EN-
GAGED
IN
THE
REAL
PROPERTY
BUSINESS.—For
purposes of paragraph (7), a closely held C corpora-
tion is engaged in the real property business if—
‘‘(A) 1 or more shareholders owning stock
representing more than 50 percent (by value) of
the outstanding stock of such corporation mate-
rially participate in the aggregate real property
activities of such corporation; or
‘‘(B) such corporation meets the require-
ments of section 465(c)(7)(C) (without regard
to clause (iv)) with respect to the aggregate real
property activities of such corporation.’’
(b)(1) Paragraph (2) of section 469(c) of such Code
is amended to read as follows:
‘‘(2) PASSIVE
ACTIVITY
INCLUDES
CERTAIN
RENTAL
ACTIVITIES.—Except for rental activities
treated in the same manner as nonrental trade or
business activities pursuant to paragraph (7), each
rental activity is a passive activity without regard to
whether or not the taxpayer materially participates
in the rental activity.’’
HR 414 IH
(2) Paragraph (4) of such section 469(c) is amended
to read as follows:
‘‘(4) MATERIAL PARTICIPATION NOT REQUIRED
FOR PARAGRAPH (3).—Paragraph (3) shall be ap-
plied without regard to whether or not the taxpayer
materially participates in the activity.’’
(c) The amendments made by this section shall apply
to taxable years beginning after December 31, 1993.
Æ
I
103D CONGRESS
2D SESSION
H. R. 4150
To amend the Fair Labor Standards Act of 1938 to make uniform the
application of the overtime exemption for inside sales personnel.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1994
Mr. MURPHY (for himself, Mr. PETRI, Mr. ANDREWS of New Jersey, and Mr.
FAWELL) introduced the following bill; which was referred to the Commit-
tee on Education and Labor
A BILL
To amend the Fair Labor Standards Act of 1938 to make
uniform the application of the overtime exemption for
inside sales personnel.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. UNIFORM EXEMPTION.
Section 7(i) of the Fair Labor Standards Act of 1938
(29 U.S.C. 207(i)) is amended by striking ‘‘a retail or
service establishment’’ and inserting ‘‘an establishment’’.
Æ