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United States · Official source
2,633 records where Rep. Bryant, John W. [D-TX-5] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 21 November 1991
Haitian Refugee Protection Act of 1991 - Directs the President to: (1) assure the protection of Haitian nationals under U.S. control; and (2) reallocate at least 2000 federally funded FY 1992 refugee admissions to Haiti. Provides for temporary protected status for certain Haitian nationals.
United States · United States Congress · 21 November 1991
Calls upon the President, as part of the Uruguay Round General Agreement on Tariffs and Trade (GATT) talks, to initiate negotiations to make GATT compatible with the Marine Mammal Protection Act and other U.S. health, safety, labor, and environmental laws, including laws to protect the environment outside of the United States. Declares that the Congress will not approve legislation to implement any trade agreement (including the Uruguay Round of the GATT and the U.S.-Mexico Free Trade Agreement) that jeopardizes such laws, including the Federal Food, Drug, and Cosmetic Act and the Clean Air Act.
United States · United States Congress · 19 November 1991
Designates December 1, 1991, as World AIDS Day.
United States · United States Congress · 18 November 1991
Federal Court Settlements Sunshine Act of 1991 - Amends the Federal judicial code to require public disclosure of settlements of civil actions to which the United States is a party, with exceptions.
United States · United States Congress · 18 November 1991
Children of Substance Abusers Amendments Act - Title I: Services for Children of Substance Abusers - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration, to make grants for the Federal share of the cost of community outreach services and services for children of substance abusers. Sets forth program requirements, including providing comprehensive services for the entire family. Sets forth requirements regarding: (1) the distribution of grants among specified types of entities; and (2) information and assurances which must be included in grant applications. Sets the Federal share at 90 percent. Authorizes appropriations. Provides for grants for the training of professionals and other staff who provide services to, or come in contact with, children and families of substance abusers. Requires the Administrator to identify the training needs of such professionals and other staff and develop a strategy for satisfying the needs. Prescribes the uses of the grant funds. Authorizes appropriations. Title II: Home-Visiting Services for At-Risk Families - Directs the Secretary to make competitive three- to five-year grants for the Federal share of the costs of home visiting services, including help in obtaining health and social services. Sets forth priorities in awarding grants and information and assurances which must be included in grant applications. Sets the Federal share at 90 percent. Authorizes appropriations.
United States · United States Congress · 18 November 1991
Expresses the sense of the House of Representatives that: (1) there is a need for the development of a comprehensive, coordinated strategy to encourage investment in human and material resources, to harness our inventive genius to the marketplace, to secure the education and training of a competitive citizenry and workforce, and to stimulate cooperative efforts between the private and public sectors at all levels of business, education, and government; and (2) such a strategy will help the United States achieve its goal of being the strongest Nation on Earth economically and militarily, so that it remains the greatest Nation in support of human dignity, freedom, and democratic ideals.
United States · United States Congress · 14 November 1991
Sets forth U.S. policy on assistance to El Salvador. Permits funds made available for military assistance for El Salvador for FY 1992 in excess of $21,000,000 to be obligated only with the prior notification of specified congressional committees. Authorizes the transfer of such funds to the Demobilization and Transition Fund for El Salvador established under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991. Makes such funds available only for costs of the demobilization, retraining, relocation, and reemployment in civilian pursuits of former combatants in the conflict in El Salvador. Permits the obligation of amounts in the Fund only if the President, prior to obligation of funds, notifies: (1) specified congressional committees; and (2) the Congress that the El Salvadoran Government and representatives of the Farabundo Marti National Liberation Front (FMLN) have reached a permanent settlement of the conflict. Prohibits any U.S. assistance to El Salvador if the head of the El Salvadoran Government is deposed by military coup or decree. Resumes such assistance only pursuant to a law enacted by the Congress. Permits the delivery of military assistance to the armed forces of El Salvador only with the prior approval of the elected president of El Salvador.
United States · United States Congress · 12 November 1991
Justice for Wards Cove Workers Act - Amends the Civil Rights Act of 1991 to remove a provision excluding from application of the Act any disparate impact case filed before March 1, 1975, and decided after October 30, 1983. (Wards Cove Packing Co. Inc. v. Atonio, 1989, held that, in cases brought under Title VII of the Civil Rights Act, the burden is on the plaintiff to prove an employer had no business necessity for a practice with discriminatory effects.)
United States · United States Congress · 7 November 1991
Designates December 21, 1991, as Basketball Centennial Day.
United States · United States Congress · 6 November 1991
States that U.S. policy to foster banking and thrift institution stability shall be consistent with the preservation of credit in order to create employment and promote economic recovery. Directs the Department of the Treasury and other Federal instrumentalities to review and change as appropriate related policies and procedures.
United States · United States Congress · 5 November 1991
Designates December 4, 1991, as Federal Civilian Employee Remembrance Day to recognize contributions provided by Federal civilian employees during the attack on Pearl Harbor and during World War II.
United States · United States Congress · 29 October 1991
Federal Prison Industries Competition in Contracting Act - Amends the Federal criminal code to require that: (1) a decision by Federal Prison Industries (FPI) to produce a new prison-made product or to expand the production of an existing product be made by the Board of Directors of FPI (the Board) in conformance with the public notice and comment requirements of the Administrative Procedure Act; and (2) the corporation prepare and furnish to the Board a detailed analysis of the probable impact on industry and free labor of any proposal to authorize the production and sale of a new prison-made product or to expand production of a currently authorized product (such proposal). Requires such analysis to identify and consider factors including: (1) the number of vendors that currently meet Federal requirements for the specific product; (2) the proportion of the Federal market for the product currently furnished by small and disadvantaged businesses and businesses in labor surplus areas during the previous three fiscal years; (3) the share of the Federal market for the product projected for FPI for the fiscal year in which production will commence (or expand) and the subsequent three fiscal years; (4) whether the industry producing the product in the private sector has an unemployment rate higher than the national average, a rate of employment for production workers that has consistently shown an increase during the previous five years, or an import to domestic production ratio of 25 percent or greater; (5) whether the specific product is an import-sensitive product; (6) the projected growth in the Government for the specific product and the capability of such demand to sustain both FPI and private vendors; and (7) whether authorizing the production of the new product will provide inmates with the maximum opportunity to acquire knowledge and skill in trades and occupations that will provide them with a means of earning a livelihood upon release. Bars the Board from approving such proposal if the product is: (1) produced in the private sector by an industry which has reflected during the previous year an unemployment rate above the national average; or (2) an import-sensitive product. Directs the Board to: (1) give additional notice of such proposal in a publication designed to most effectively provide notice to private vendors and labor unions representing private sector workers who could reasonably be expected to be affected by approval of such proposal; (2) solicit comments on the analysis required under this Act from trade associations representing private sector workers who could reasonably be expected to be affected by its approval; (3) afford an opportunity, upon request, for a representative of private industry to present comments on such proposal directly to the Board. Requires the corporation to provide the Board with its recommendations regarding action on the proposal, taking into consideration the comments received. Requires: (1) the various Federal departments and agencies (agencies) to offer to purchase from FPI any product authorized to be offered for sale and listed in the UNICOR Schedule of Products (whenever it has a requirement for an FPI product); and (2) FPI to publish and periodically revise such Schedule. Sets forth provisions with respect to the solicitation of offers from FPI and contract awards to FPI on either a competitive or sole source basis. Prohibits the cancellation or withdrawal of a solicitation solely for the purpose of affording an agency buying activity the opportunity to enter into noncompetitive negotiation with FPI unless the Attorney General determines that FPI cannot reasonably expect to receive the contract award on a competitive basis and that such award is necessary to: (1) maintain work opportunities otherwise unavailable at the penal facility at which the contract is to be performed to prevent circumstances that could reasonably be expected to significantly endanger the safe and effective administration of such facility; or (2) permit diversification into the labor-intensive manufacture of a specific product that has been approved by the Board. Specifies that: (1) a timely offer received from FPI shall be considered eligible for award (even if the competition is restricted); and (2) FPI shall be required to perform its contractual obligations to the same extent as any other contractor. Repeals a provisions under which any dispute relating to the price, quality, character, or suitability of FPI products shall be arbitrated by a board consisting of the Comptroller General of the United States, the Administrator of General Services, and the President, or their representatives. Specifies that: (1) a decision by a contracting officer regarding the award of a contract to FPI or relating to the performance of such contract shall be final, unless reversed on appeal (but authorizes the Director of FPI to appeal to the head of a Federal agency an adverse determination made by a contracting officer, in which case the decision of such agency head shall be final); and (2) a dispute between FPI and a buying activity regarding contract performance shall be subject to final resolution by the board of contract appeals having jurisdiction over the buying activity's contract performance disputes under the Contract Disputes Act of 1978. Requires that the amendments made by this Act be implemented through modifications to the Federal Acquisition Regulation (FAR) within 180 days. Makes the FAR subject to provisions of the Office of Federal Procurement Policy Act (which assure publication in the Federal Register and the opportunity for public comment before the promulgation of a final regulation). Requires each Federal agency reporting to the Federal Procurement Data System through the General Services Administration to report all acquisitions from FPI. Amends the Federal criminal code to require the Board, in its annual report to the Congress, to include: (1) an analysis of the corporation's total sales for each specific product sold to Federal agencies, the total purchases by each agency of each specific product, the corporation's share of such total Government purchases by specific product, and the number and disposition of disputes submitted to agency heads; (2) an analysis of the inmate workforce, including the number of inmates employed, the number and percentage of employed inmates by the term of their incarceration, and the various hourly wages paid to inmates employed with respect to the production of the various specific products authorized for production and sale; and (3) data concerning employment obtained by former inmates upon release to determine whether the employment provided by FPI during incarceration provided such inmates with knowledge and skill in a trade or occupation that enabled such former inmate to earn a livelihood upon release. Directs that copies of such annual report be made available to the public at a price not to exceed the cost of printing. Authorizes the Department of Defense (DOD) to count toward the attainment of the goal set out in the National Defense Authorization Act for Fiscal Year 1987 for participation by small disadvantaged businesses, historically Black colleges and universities, and minority institutions in DOD contracting opportunities, the value of any purchase of supplies or services made by FPI from an entity described in such Act for the performance of a contract with DOD.
United States · United States Congress · 29 October 1991
1996 Atlanta Centennial Olympic Games Commemorative Coin Act - Provides for the minting and sale of commemorative gold and silver coins to support the 1996 Atlanta Centennial Olympic Games and the programs of the United States Olympic Committee.
United States · United States Congress · 24 October 1991
Authorizes the Air Force Association to establish a memorial on Federal land in the District of Columbia or its environs to honor the men and women who have served in the U.S. Air Force.
United States · United States Congress · 24 October 1991
Nuclear Testing Moratorium Act - Prohibits the Secretary of Energy from conducting any explosive nuclear weapons test during the one-year period following the enactment of this Act unless the President certifies to the Congress that the Soviet Union has conducted such a test during such period.
United States · United States Congress · 22 October 1991
Designates 1992 as the Year of Reconciliation Between American Indians and Non-Indians.
United States · United States Congress · 22 October 1991
Expresses the sense of the Congress that the President should: (1) condemn the use of force in Yugoslavia; (2) recognize the independence of the Republics of Croatia and Slovenia; and (3) work for the cessation of hostilities leading to a negotiated settlement and peace in the region.
United States · United States Congress · 21 October 1991
Medicaid Moratorium Amendments of 1991 - Amends the Technical and Miscellaneous Revenues Act of 1988 to: (1) delay until September 30, 1992, the issuance of regulations changing the treatment under the Medicaid program (title XIX of the Social Security Act) of voluntary contributions and provider-specific taxes; and (2) maintain current regulations that allow intergovernmental transfers as a source of a State's expenditures for which Federal matching funds are available under the Medicaid program. Directs the Secretary of Health and Human Services to submit to specified congressional committees a report on: (1) regulations to limit the use of voluntary contributions and provider-specific taxes to obtain Federal financial participation; (2) specific types of voluntary contributions and provider-specific taxes that may be used as sources of State expenditures for which Federal financial participation is available; and (3) any legislation that the Secretary believes is appropriate. Sets forth budget compliance provisions.
United States · United States Congress · 16 October 1991
Designates March 1992 as Irish-American Heritage Month.
United States · United States Congress · 16 October 1991
Expresses the sense of the Congress that: (1) U.S. policy toward the International Atomic Energy Agency (IAEA) should be guided by a conviction that the interests of international security must take precedence over any conflicting interests in promoting nuclear commerce; and (2) the United States should encourage the IAEA to introduce reforms to strengthen its ability to pursue its safeguards objectives. Expresses the sense of the Congress that the President should undertake bilateral and multilateral initiatives to maintain and enhance international confidence in the effectiveness of IAEA safeguards and in other multilateral undertakings to halt the proliferation of nuclear weapons, including initiatives for: (1) building international support for the principle that nuclear supply relationships must require purchasing nations to agree to full-scope international safeguards; (2) encouraging each nuclear weapon state to undertake a comprehensive review of its own procedures for declassifying information relating to the design or production of nuclear explosive devices and to investigate any measures that would reduce the risk of such information contributing to nuclear weapons proliferation; (3) arranging for timely payment of annual financial contributions by all IAEA members; and (4) seeking agreement among the parties to the Treaty on the Non-Proliferation of Nuclear Weapons to apply IAEA safeguards in perpetuity and to establish new limits on the right to withdraw from that Treaty. Expresses the sense of the Congress that the President should direct the U.S. representatives to the IAEA to work toward the early adoption of reforms in the implementation of the safeguards responsibilities of the IAEA, including: (1) making public the IAEA's annual safeguards implementation report, establishing a public registry of commodities in international nuclear commerce, and creating a public repository of current nuclear trade control laws, agreements, regulations, and enforcement and judicial actions by IAEA member nations; (2) enabling the IAEA to issue fines for violations of safeguards procedures, pay rewards for information on possible safeguards violations, and establish a hotline for reporting such violations and other illicit uses of weapons-grade nuclear material; (3) implement special inspections of undeclared nuclear facilities and seeking authority for the IAEA to conduct challenge inspections on demand at suspected nuclear sites; and (4) developing with other IAEA member states an agreement on procedures to expedite approvals of visa applications by IAEA inspectors. Directs the President, within six months, to submit to specified congressional committees a report describing the bilateral and multilateral initiatives which the President has taken during the period since the enactment of this Act.
United States · United States Congress · 11 October 1991
Declares that Members of Congress are no longer exempted from Federal laws, including the: (1) Americans with Disabilities Act; (2) title VII of the 1964 Civil Rights Act; (3) Equal Opportunity Act; (4) Occupational Safety and Health Act; (5) Fair Labor Standards Act; and (6) Freedom of Information Act. Makes it illegal to furnish any Member of the Congress, at the expenses of the Federal Government, free or at reduced costs: (1) medicine; (2) hospital care; (3) ambulance services; (4) meals; (5) flowers or plants; (6) pictures or picture frames; (7) haircuts; or (8) other items, services, or privileges, except official office expenses such as supplies and stationery.
United States · United States Congress · 10 October 1991
Improved Bottled Water Act of 1991 - Amends the Federal Food, Drug, and Cosmetic Act to modify quality standards for bottled water. Sets forth labeling requirements. Allows testing to be performed only by a certified laboratory. Provides for annual inspections of facilities. Provides for recalls. Regulates transportation, storage, processing, and bottling. Establishes a regulatory program office for bottled water in the Center for Food Safety and Applied Nutrition.
United States · United States Congress · 8 October 1991
Telecommunications Act of 1991 - Title I: Infrastructure Development - Amends the Communications Act of 1934 to provide for the establishment of a Federal-State Joint Board to impose and enforce network quality standards upon common carriers (CC) to ensure the continued maintenance and evolution of CC facilities and services. Directs the Board to initiate a rulemaking proceeding to establish standards, to be enforced by the Federal Communications Commission (FCC) and the State commissions as to matters within their respective jurisdictions, for measuring CC network quality. Requires each CC to submit to the Board a quarterly data report regarding compliance with the prescribed standards. Authorizes the Board to require periodic independent audits of CC compliance with such standards. Directs the FCC to establish enforcement penalties and procedures, including expedited customer complaint mechanisms, to ensure CC compliance with such standards. Requires each local exchange carrier (LEC) to provide interconnection, on a reasonable and nondiscriminatory basis, to CCs and other providers of telecommunications and information services who request it, and to provide the interconnecting party with physical colocation, unless it demonstrates by clear and convincing evidence that physical colocation is not technically practicable, in which case virtual colocation is required. Specifies that a rural exchange carrier (REC) shall not be required to provide interconnection to another LEC. Directs the FCC to: (1) adopt and make effective rules to enforce the obligations imposed by such Act; and (2) initiate a rulemaking to require that the interconnection offered by an LEC pursuant to such Act provide for the portability of telephone numbers. Requires the FCC to revise its order entitled "Filing and Review of Open Network Architecture Plans" to require that: (1) the plans for compliance with such order offer unbundled features and functions; (2) such features and functions are made available on a reasonably uniform basis by all of the CCs subject to such order, and are accessible throughout the service territory of each such carrier; (3) such plans include a schedule for timely offering of new features and functions; and (4) CCs subject to such order not unreasonably discriminate between affiliated and unaffiliated providers of information services in offering tariffed and non-tariffed features, functions, and capabilities. Directs the FCC, at least once every three years, to: (1) conduct a proceeding in which interested parties shall have an opportunity to comment on whether the order, as further revised, and the plans filed pursuant to it, have opened the networks of the carriers subject to such order to reasonable and non-discriminatory access by providers of telecommunications and information services; and (2) revise such order as necessary or appropriate and require the CCs subject to the order to file new plans consistent with such revisions, which shall also be subject to public comment and FCC review prior to their becoming effective. Restricts the release of personally identifiable customer information obtained or collected by an LEC in the course of providing telephone exchange information. Requires: (1) an LEC to prepare and file tariffs in accordance with such Act with respect to the interconnection and network access services required under such Act; (2) the costs that an LEC incurs in providing such services to be borne solely by the users of the features and functions comprising such services; and (3) the FCC to review such tariffs to ensure that the charges for such services are cost-based and the terms and conditions contained in such tariffs do not bundle together any separable elements, features, or functions. Requires: (1) an LEC to submit supporting information with its tariffs for interconnection and network access services that is sufficient to enable the FCC and the public to determine the relationship between the proposed changes and the costs of providing such services; and (2) the submission of such information to be pursuant to rules adopted by the FCC to ensure that similarly situated carriers provide such information in a uniform fashion. Authorizes an LEC to include in its tariffs for interconnection services an element intended to recover the amount necessary to preclude any substantial increases in the rates for telephone exchange service (service) that would otherwise result from the offering of interconnection services, subject to specified requirements. Directs the FCC to adopt and make effective rules governing the calculating of such element. Specifies that any amounts recovered by the LEC through the imposition of this additional element shall be used to defray the costs of providing service. Specifies that the resale of service in conjunction with the furnishing of an interstate telecommunications or any information service shall not be prohibited or subject to unreasonable conditions by the FCC, any State, or any LEC. Requires the FCC to: (1) adopt and make effective rules for the conduct of coordinated network planning by CCs; and (2) initiate an inquiry to examine the effects of competition in the provision of telephone exchange access and service on the availability and rates for service furnished by RECs. Directs the FCC to provide for expedited: (1) review of complaints alleging violations of service, quality, network access, and interconnection rules; and (2) licensing of new technologies or services related to the furnishing of telecommunications or information services determined to be in the public interest. Title II: Provisions Affecting Divested Operating Companies - Authorizes a divested operating company or affiliate (DOC) to provide information services, subject to specified requirements. Bars a DOC from offering electronic publishing services in any State in which it provides service until the FCC, after notice and opportunity for public comment, determines that: (1) at least 50 percent of all businesses and residences within the areas in each State in which such DOC provides service have access to transmission and switching facilities (other than those owned or controlled by a DOC) that are comparable to those offered by the DOC for the delivery of electronic publishing services; (2) at least ten percent of all businesses and residences within the areas in each State in which such DOC provides service subscribe to services delivered over such alternative facilities; and (3) the DOC seeking to provide such services has demonstrated that there is no substantial possibility that the DOC could use its position as an LEC to impede competition in the provision of electronic publishing services or impose additional costs upon service subscribers. Permits a DOC to petition the FCC for a waiver of restrictions on electronic publishing imposed under such Act. Requires such petition to be granted if the DOC can demonstrate by clear and convincing evidence that: (1) electronic publishing service would not exist unless offered by such DOC; and (2) the provision of such DOC would not impose additional costs upon service subscribers. Sets forth additional requirements. Permits a DOC to provide information services after October 1, 1991, only through a subsidiary that is separated from the service operations of the divested company, with exceptions. Provides for a minimum number of outside directors. Specifies that any transaction between a DOC and any other affiliate of such DOC (including the subsidiary): (1) shall not be based upon any preference or discrimination arising out of the affiliation, or have the effect of permitting any violation of the requirements of such Act; and (2) shall be carried out in the same manner as such company or affiliate conducts such business with unaffiliated persons, shall be pursuant to contract or tariff reported to the FCC and made available for public inspection, and shall be fully auditable and reflect all costs associated with the conduct of such business. Bars such subsidiary from: (1) entering into any joint venture or partnership with the DOC; (2) having employees or a financial structure in common with the DOC, except as provided in such Act; (3) owning any property in common with a DOC; or (4) establishing any other subsidiary or affiliate except after notice to the FCC in such form and containing such information as the FCC may require. Requires such subsidiary to: (1) carry out directly its own marketing, sales, accounting, hiring and training of personnel, purchasing, and maintenance; and (2) maintain books, records, and accounts, prepare its own financial statements, and prepare and file with the FCC the annual and periodic reports required of publicly traded companies by the Securities and Exchange Commission. Sets forth additional provisions with respect to: (1) advertising; (2) securities information; (3) outside ownership; (4) transmission capacity; (5) preservation of separate subsidiary requirements for grandfathered functions; (6) provision of services and information to others on the same terms and conditions as provided to the subsidiary; and (7) a cost allocation system requirement to prohibit any cost of providing information services from being subsidized by revenue from service or access services. Requires the FCC to establish cost assignment and allocation regulations, under which joint and common costs shall be allocated to unregulated services under a formula that ensures that the rates for service are no greater than they would have been in the absence of such investment, or based upon the highest forecast unregulated usage of the investment over the life of the investment, whichever method results in the lesser allocation of such costs to service. Directs the FCC, by regulation, to ensure that the economic risks associated with the provision of information services by DOCs are not borne by service customers in the event of a business loss or failure. Prohibits: (1) investments or other expenditures assigned to information services from being reassigned to service or access service; and (2) any DOC affiliate which is providing information services and is required to be, or is, structurally separate from an affiliate engaged in the provision of service from obtaining credit under any arrangement that would permit a creditor, upon default, to have recourse to the assets of the DOC, or would induce a creditor to rely on the tangible or intangible assets of the DOC in extending credit. Requires the FCC to prescribe regulations governing the accounting for the transfer of assets between a DOC and its affiliates which protect the interests of service ratepayers and meet specified requirements. Establishes an annual auditing requirement for each DOC that engages in, or has a financial or management interest in an entity that provides, information services. Sets forth provisions with respect to the conduct of the audit, submission and certification of audit results, and access to documents. Requires the FCC and a State commission, within their respective jurisdictions, to require a DOC to assess any affiliate providing information services a charge for the reasonable value of any intangible assets used in the provision of such services and to credit the amount of such charge to the provision of service. Bars a DOC from providing electronic publishing services, other than those it provided on or before October 1, 1991, in any State in which such DOC provides service, unless and until all entry barriers to the competitive provision of telecommunications services imposed by each State or State commission in which such DOC service have been removed with respect to such DOC. Requires any DOC that offers a gateway service to make such service available concurrently to all of its subscribers at the same rates, terms, and conditions. Sets forth enforcement provisions with respect to persons injured by a violation of requirements under such Act. Directs the FCC to take such actions as necessary to: (1) prevent anticompetitive practices between a DOC and any affiliate of the DOC; (2) protect ratepayers of DOCs from subsidizing the provision of information services by such DOCs; and (3) prevent any DOC from imposing any unjust or unreasonable rates or charges for any CC services provided in connection with the provision of information services. Authorizes appropriations. Title III: Miscellaneous Provisions - Authorizes a State to regulate the rates, terms, or conditions for the offering of information services, subject to specified requirements. Bars a State from imposing regulations upon an LEC with respect to the intrastate provision of information services by such carrier or affiliate if such regulations: (1) are necessary and appropriate to separate the provision of information services from the provision of service by such carrier or affiliate; (2) are intended to protect the privacy rights of service customers; (3) do not affect the rates, terms, or conditions for the provision of such information services or the types of such services offered by such carrier or affiliate; and (4) are not inconsistent with the purposes, or do not significantly impede the enforcement, of this Act or any regulation or order prescribed by the FCC pursuant to this Act. Specifies that: (1) nothing in this Act shall be construed to limit State authority to take actions, consistent with this Act, to ensure the availability of service at reasonable rates in areas served by RECs, to relieve a DOC of any obligations, limitations, or responsibilities imposed by any other provision of such Act, or to create any antitrust immunity to any civil or criminal action under Federal or State antitrust law, or alter or restrict the applicability of any Federal or State law to the actions of a DOC; and (2) a DOC shall remain fully subject to the order entered on August 24, 1982, in United States v. Western Electric Company .
United States · United States Congress · 3 October 1991
Health Professions Education Amendments of 1991 - Amends the Public Health Services Act to require giving priority, in providing financial assistance under title VII (Health Research and Teaching Facilities and Training of Professional Health Personnel) of the Act, to applicants that have trained or can be expected to train health or allied health professionals who provide primary health services to a substantial number of medically underserved individuals. Sets forth additional requirements applicable to schools of medicine or osteopathic medicine and residency programs. Sets limits on the total principal amount for specified fiscal years for the Federal loan insurance program under certain provisions relating to the training of health personnel. Modifies requirements regarding: (1) when repayment must begin; (2) the premium charged; and (3) default rate limits for institutions, lenders, and holders, including allowing rate limits and penalties to be applied differently for different health professions. Establishes in the Division of Student Assistance of the Health Resources and Services Administration the Office on Student Loan Debt Collections. Prohibits funds which are returned to the Secretary of Health and Human Services from a student loan fund for disadvantaged individuals from being used for any other purpose. Authorizes appropriations for scholarships for health professions students of exceptional financial need. Allows scholarships under specified provisions to be used only for students who are from disadvantaged backgrounds and (currently, or) for whom school costs would constitute a severe financial hardship. Authorizes appropriations. Bars from entering into a contract individuals who have been faculty members at a school during a specified length of time before the application for a contract under provisions relating to loan payment for individuals who serve on the faculty of health professions schools. Reduces the percentage of principal and interest of an individual which may be repaid by the program. Authorizes appropriations for grants to establish departments of family medicine. Repeals the authorization after the specified fiscal year. Authorizes appropriations for area health education centers and area health education and training centers. Adds schools of osteopathic medicine to the definition of "health professions school" for provisions relating to programs of excellence in health professions education for minorities. Authorizes appropriations. Allows grants and contracts for traineeships and fellowships in general internal medicine and general pediatrics to be used for internship and residency programs (currently, for residency programs) for medical students, interns, residents, or practicing physicians (currently, for residents). Authorizes appropriations. Authorizes appropriations for residency programs in the general practice of dentistry and for family medicine training programs. Requires that educational assistance grants to individuals from disadvantaged backgrounds be equitably: (1) geographically distributed; and (2) allocated among the various racial and ethnic populations. Authorizes appropriations. Replaces provisions authorizing grants and contracts for training in preventive medicine with similar provisions transferred from provisions relating to special projects. Authorizes appropriations. Removes provisions authorizing grants: (1) for two-year schools of medicine or osteopathy; and (2) for faculty and curriculum development and clinical training sites. Authorizes grants and contracts for health professions research relating to: (1) the impact of student indebtedness on specialty choice and practice location; (2) the impact of minority health professional programs in majority schools on recruitment, retention, and practice choices of minority health personnel; (3) the effects of graduate medical education payments on the distribution of physician specialties; or (4) the effectiveness and variation of State licensing authorities in identifying problem providers and undertaking disciplinary actions. Authorizes appropriations for the remaining provisions relating to special projects and for the health professions research. Authorizes appropriations relating to: (1) training with respect to acquired immune deficiency syndrome (AIDS); and (2) oral health care for patients with AIDS. Adds references to schools that offer graduate programs in medical social work to provisions authorizing grants and contracts for: (1) educational assistance to individuals with disadvantaged backgrounds; and (2) training faculty to teach students to care for the health care needs of individuals with AIDS. Adds references to medical social workers to provisions allowing the collection of certain data about health professionals. Authorizes grants and contracts, under existing provisions relating to geriatric medicine and geriatric dentistry, for training optometrists to teach geriatric optometry. Modifies recipient requirements and training options. Authorizes appropriations for geriatric education centers and geriatric training. Replaces provisions relating to special projects with provisions authorizing grants and contracts for projects to: (1) meet the objectives established by the Secretary of Health and Human Services for the health status of the U.S. population for the year 2000; (2) recruit individuals for education in health specialties as necessary to meet the objectives; and (3) improve access to community-based health programs. Authorizes appropriations. Sets forth priorities for grants for traineeships under existing provisions. Authorizes appropriations. Requires, in providing grants and contracts under existing provisions relating to allied health personnel, special consideration to needs regarding the supply of physical therapists, occupational therapists, and clinical laboratory technologists. Authorizes appropriations. Authorizes grants and contracts to: (1) develop and operate postgraduate (currently, doctoral) programs for advanced specialty training of allied health professionals who plan to teach and conduct research; and (2) provide financial assistance for traineeships or fellowships to students in such programs. Requires special consideration regarding physical therapists, occupational therapists, and clinical laboratory technologists. Authorizes appropriations. Makes programs that specialize in training marriage and family therapy eligible for grants and contracts under existing provisions relating to health care for rural areas. Removes provisions mandating a study of manpower training needs in rural areas. Authorizes appropriations to carry out remaining rural health care provisions. Removes provisions: (1) establishing a loan repayment program for allied health personnel; (2) mandating grants for Lister Hill scholarships (requiring the practice of family medicine in a health professional shortage area); (3) authorizing grants for departments of family medicine; (4) establishing a retention program for individuals from disadvantaged backgrounds in health professions schools; (5) authorizing grants and contracts for educational assistance to disadvantaged individuals in allied health training; and (6) authorizing appropriations for FY 1989 through 1991 to carry out provisions relating to the Council on Graduate Medical Education. Removes provisions authorizing grants for: (1) continuing education for nurses; (2) geriatric training; and (3) facilitation of agreements between nursing students and health facilities for the repayment of educational loans. Replaces provisions authorizing grants for training to develop curricula regarding baccalaureate degrees in nursing with provisions authorizing grants for training for paraprofessional nursing personnel to become licensed vocational or practical nurses. Removes provisions authorizing: (1) grants and contracts relating to geriatric nursing; and (2) grants for innovative hospital nursing practice models. Authorizes appropriations for remaining provisions relating to nursing education special projects. Revises authorities for grants and contracts for advanced nurse education programs. Authorizes appropriations. Revises authorities for grants and contracts for nurse practitioner and nurse midwife programs. Removes authority to make grants and contracts for traineeships relating to such programs. Authorizes appropriations. Authorizes appropriations for special projects relating to nursing education opportunities for individuals from disadvantaged backgrounds. Removes authority to make grants for: (1) post-baccalaureate fellowships for faculty of schools of nursing; and (2) traineeships for nurses in masters' degree and doctoral degree programs for practice as nurse administrators, nurse educators, and nurse researchers. Revise priorities in, and authorizes appropriations to carry out, remaining provisions relating to traineeships for the education of professional nurses. Requires special consideration, in making grants for traineeships for registered nurses to become nurse anesthetists, to programs providing experience in rural hospitals and rural clinics. Authorizes appropriations. Authorizes appropriations for nursing student loan repayment in return for service in certain health facilities. Requires that returned Federal capital contributions to nursing student loan funds be available under provisions relating to such loan repayment (currently, under provisions relating to undergraduate education of professional nurses). Removes provisions authorizing grants for scholarships for the training of professional nurses. Allows grants and contracts under existing provisions relating to geriatric education centers to be made to schools of nursing as well as to schools of allied health. Mandates a study regarding the shortage of clinical laboratory technologists in the United States. Establishes the Advisory Council on Medical Licensure to take specified actions, including giving advice regarding the establishment and operation of a system of verifying and maintaining information on the qualifications of individuals to practice medicine. Mandates a study of at least ten States regarding licensure of domestic and foreign medical graduates.
United States · United States Congress · 2 October 1991
Qualified Medicare Beneficiary Enrollment Improvement and Protection Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to include in the annual mailing to Medicare beneficiaries: (1) a clear and simple explanation of the availability of and the requirements to qualify for Medicaid (title XIX of the Social Security Act) payment of their premiums, deductibles, and copayments under Medicare; (2) the toll-free telephone number to be established by the Secretary for information on such assistance; and (3) an initial application for such assistance. Directs the Secretary to develop a poster containing the information listed above and distribute it to service providers in order to publicize the availability of such assistance. Amends the Medicaid program to direct the Secretary to: (1) establish a process for using local Social Security Administration offices for the distribution and receipt of applications for such assistance; (2) transmit such applications to the appropriate State agency; (3) develop a form to be available at such offices which individuals may use to request additional information on or an application for such assistance; and (4) distribute such form to entities receiving grants for programs to provide services to older individuals. Requires States to provide for a process for receiving, distributing, and processing applications for such assistance and for responding to requests for information on or applications for such assistance. Allows individuals who qualified during a certain period for Medicaid payment of Medicare costs to temporarily apply for retroactive payment of any medical costs incurred but not paid under a State plan required to provide for making Medicaid payment of Medicare costs available to Medicare beneficiaries. Allows States, in determining the income level for individuals who seek to qualify for Medicaid payment of Medicare costs, to exclude expenses for medical care incurred by the individual that are not reimbursed under a public program of the State or political subdivision thereof, a health plan, or Medicare. Directs the Secretary to establish a grant program to provide outreach services to enable individuals who are entitled to receive Medicaid payment of Medicare costs to receive such assistance. Authorizes appropriations.
United States · United States Congress · 26 September 1991
Satellite Viewers' Rights Act of 1991 - Amends the Communications Act of 1934 to repeal provisions requiring the Federal Communications Commission to initiate an inquiry concerning the need for a universal encryption standard that permits decryption of satellite cable programming intended for private viewing. Requires that any person who encrypts satellite delivered programming make such programming available for private viewing by home satellite antenna users and, when making such programming available through any other person for distribution through any medium, establish: (1) reasonable and non-discriminatory financial, character, technical, and service criteria and requirements under which non-cable distributors qualify to distribute such programming for private viewing by home satellite antenna users; and (2) price, terms, and conditions for the wholesale distribution of such programming which do not discriminate between the distribution of such programming to distributors for cable subscribers and distributors to home satellite antenna users, nor among different distributors to home satellite antenna users, with exceptions. Specifies that, where a person who encrypts satellite delivered programming: (1) has established a separate subsidiary for distribution to satellite antenna users, such person shall not be required to establish or license any entity on the same terms and conditions as such subsidiary (but permits an aggrieved party, for purposes of any claim of discrimination under this provision, to compare the prices, terms, and conditions established by the person who encrypts as evidence of discrimination); and (2) authorizes or licenses a distributor for a secondary satellite retransmission of such programming, such person shall establish criteria (consistent with requirements under this Act) to qualify to distribute such programming through such retransmission and establish nondiscriminatory price, terms, and conditions for such distribution. Specifies that nothing in this Act shall require any person who encrypts satellite delivered programming to: (1) authorize or license any distributor for a secondary satellite retransmission; and (2) make such programming available in any geographic area beyond which such programming has been authorized or licensed for distribution. Authorizes: (1) persons aggrieved by violations of this Act to bring a civil action; and (2) the court to grant specified relief.
United States · United States Congress · 24 September 1991
Medicare EKG Payment Restoration Act of 1991 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to: (1) reestablish separate payment for the interpretation of electrocardiograms (EKGs) that are ordered or performed during an office visit or consultation with a physician; and (2) require the Secretary of Health and Human Services to establish separate fee schedule amounts for EKG interpretations and to adjust the relative values established for office visits to or consultations with a physician to reflect the establishment of such separate fee schedule amounts. Directs the Secretary to: (1) establish practice guidelines for the use of EKGs for dissemination along with other educational information relating to the use of EKGs to physicians; (2) develop a profile of the use of EKGs by physicians; and (3) conduct a study and report to the Congress on the utilization and costs of EKGs.
United States · United States Congress · 23 September 1991
Violent Crime Prevention Act of 1991 - Title I: Community Policing; Cop on the Beat - Community Policing; Cop on the Beat Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Director of the Bureau of Justice Assistance (BJA) to make grants to units of general local government and community groups to establish or expand cooperative efforts between police and the community to increase the police presence in the community. Requires the Director to develop a written model that informs community members regarding: (1) how to identify the existence of a drug or gang house; (2) what civil remedies are available; and (3) what mediation techniques are available between community members and individuals who have established a drug or gang house in such community. Sets forth application requirements. Requires each application to include a comprehensive plan containing: (1) a description of the crime problems within the areas targeted for assistance, the projects to be developed, community resources and gaps in the plan that cannot be filled with existing resources, and the system the applicant will establish to prevent and reduce crime; (2) an explanation of how the requested grant will be used to fill such gaps; and (3) an evaluation component. Requires the Director to allocate not less than 75 percent of the funds available to units of local government or combinations of such units and not more than 20 percent to community groups. Provides for grant renewal. Limits: (1) costs of administration, technical assistance, and evaluation to five percent of available funds; and (2) the Federal share to 75 percent of total project costs. Requires the Director, in awarding grants, to consider: (1) demonstrated need and ability to provide the services described in the plan; (2) evidence of the ability to coordinate a community-wide response to crime; (3) ability to maintain the program after funding is no longer available; and (4) geographic distribution of grant awards. Sets forth reporting requirements. Authorizes appropriations. Title II: Drug Treatment in Federal Prisons - Drug Treatment in Federal Prisons Act of 1991 - Directs the Bureau of Prisons (Bureau) to provide residential substance abuse treatment for: (1) not less than 50 percent of eligible prisoners by the end of FY 1993; (2) not less than 75 percent of eligible prisoners by the end of FY 1994; and (3) all eligible prisoners by the end of FY 1995. Amends the Federal criminal code to authorize a change in the conditions of confinement, a reduction of up to one year from the prisoner's sentence, or both, with respect to any prisoner who, in the judgment of the Director of the Bureau, has successfully completed a residential substance abuse treatment program. Specifies that, if such conditions are changed, the Bureau shall periodically test the prisoner for drug abuse and discontinue such changes upon determining that drug abuse has recurred. Sets forth reporting requirements. Authorizes appropriations. Title III: Substance Abuse Treatment in State Prisons - Substance Abuse Treatment in State Prisons Act of 1991 - Amends the Omnibus Act to authorize the Director of the BJA to make grants for use by States in developing and implementing residential substance abuse treatment programs within State correctional facilities. Sets forth application requirements, including: (1) assurances that Federal funds received will be used to supplement, not supplant, non-Federal funds; and (2) agreement by the State to implement or continue to require urinalysis or similar testing of individuals in correctional residential substance abuse programs, including testing of individuals released from such programs who remain in State custody. Sets forth requirements with respect to: (1) duties of the designated State office under the Omnibus Act (application preparation and grant administration); (2) the review of State applications by the Bureau; (3) the allocation and distribution of funds; and (4) evaluation. Limits the Federal share to 75 percent of total project costs. Authorizes appropriations. Title IV: Safe Schools - Safe Schools Act of 1991 - Amends the Omnibus Act to: (1) authorize the Director of the BJA to make grants to local educational agencies (LEAs) to provide assistance to such agencies most directly affected by crime and violence; and (2) require the Director to develop a written safe schools model in a timely fashion and make such model available to any LEA that requests such information. Earmarks such grants: (1) to fund anticrime and safety measures, and to develop education and training programs for the prevention of crime, violence, illegal drugs, and alcohol; and (2) for counseling programs for victims of crime within schools, crime prevention equipment, and the prevention and reduction of youth participation in organized crime and drug- and gang-related activities in schools. Sets forth application requirements, provisions with respect to limits on administrative costs and grant renewal, factors in the Director's consideration in awarding grants, and reporting requirements. Authorizes appropriations. Title V: Crime Victims - Victims Justice Act of 1991 - Repeals: (1) the current $150,000,000 cap on the Crime Victims Fund under the Victims of Crime Act of 1984; and (2) sunset provisions under such Act. Modifies the formula for the distribution of sums deposited into the Fund to provide that: (1) the first $10,000,000 of the total funds deposited in a fiscal year shall be available for child abuse prevention and treatment grants; (2) the next sums deposited, up to the reserved portion (specified below), shall be made available to the judicial branch for administration costs; (3) of the sums remaining, four percent shall be available for training and technical services to victim assistance programs and for financial support of services to victims of crime by victim assistance programs, and 96 percent shall be available for crime victim compensation and victim assistance programs. (Current law provides a complex formula for the distribution of funds depending on the amount deposited in the Fund.) Authorizes the Director of the Office for Victims of Crime to retain any amount in excess of 110 percent of the total deposited in the previous fiscal year as a reserve for those years in which there is a shortfall in the Fund, provided that the reserve shall not exceed $20,000,000. Specifies that: (1) the reserved portion shall be $6,200,000 in each of FY 1992 through 1995 and $3,000,000 for each fiscal year thereafter; and (2) sums awarded as part of a grant under this Act that remain unspent at the end of a fiscal year in which such grant is made may be expended for the grant's purpose at any time during the two succeeding fiscal years (under current law, during the succeeding fiscal year). Increases the Federal share of victim compensation programs from 40 to 45 percent of the amounts awarded by each program during the preceding fiscal year. Specifies that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program, would otherwise pay: (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. Authorizes the Director to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year. Requires crime victim assistance chief executives to give particular attention to children who are victims of violent street crime. Authorizes the use of grants under this Act for demonstration projects. Allows the Director to permit up to five percent of a victim assistance program grant to be used by the chief executive of each State for administrative costs. Makes biannual reports under such Act due on May 31 (currently, such reports are due December 31). Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds. Delays the effective date for specified provisions to make the allocations required by such provisions without reducing the funding levels of programs supported by the Victim Assistance Fund and the Victims Compensation Fund. Title VI: The Certainty of Punishment for Young Offenders - Certainty of Punishment for Young Offenders Act of 1991 - Amends the Omnibus Act to require the Director of the BJA to make grants to States, for use by States and units of local governments, to develop alternatives to incarceration and probation for young offenders which promote reduced recidivism, crime prevention, and victim assistance, including boot camp prison programs, community service programs, and demonstration restitution projects. Sets forth provisions with respect to: (1) State and local applications; (2) application review; (3) the allocation and distribution of funds to State and local governmental units; (4) evaluation; and (5) limitations on administrative costs. Authorizes appropriations. Title VII: Drug-Testing of Arrested Individuals - Authorizes the Director of the BJA to make grants to States, for use by States and units of local government, to develop, implement, or continue drug testing projects when individuals are arrested and during the pretrial period. Sets forth provisions with respect to: (1) State applications, including a requirement that the State agree to develop or maintain programs of urinalysis or similar drug testing of individuals upon arrest and on a regular basis pending trial for the purpose of making pretrial detention decisions; (2) local applications; (3) the allocation and distribution of funds to State and local governmental units; and (4) reporting requirements. Authorizes appropriations. Title VIII: Drug Emergency Areas Act of 1991 - Drug Emergency Areas Act of 1991 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to assure an effective response to save lives and to protect property, public health, and safety. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities is beyond the capability of the State or local government to respond. Requires each Governor or chief executive officer, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining that government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan. Limits the duration of assistance to a drug disaster area to one year, after which the Governors or chief executive officers may apply for an extension of up to 180 days. Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Makes assistance under this title subject to an annual audit by the Comptroller General. Authorizes appropriations. Title IX: Coerced Confessions - Specifies that the admission into evidence of a coerced confession (i.e., one elicited in violation of the fifth or fourteenth amendments to the Constitution) shall not be considered harmless error. Title X: DNA Records - DNA Identification Act of 1991 - 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 DNA for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis issued by the Director of the Federal Bureau of Investigation (FBI); (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to any defendant for criminal defense purposes, and if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this Act. Authorizes appropriations. Requires the Director of: (1) the National Research Council to appoint an advisory board on DNA quality assurance methods to develop and periodically monitor recommended standards for quality assurance, including standards for testing the proficiency of forensic analysis in conducting DNA analyses; and (2) the FBI, after taking into consideration such recommended standards, to issue standards for quality assurance including standards for testing the proficiency of forensic laboratories in conducting such analyses. Mandates that such standards: (1) specify criteria for quality assurance and proficiency tests to be applied to each procedure used by forensic laboratories to conduct such analyses; and (2) include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Authorizes the Director of the FBI to establish an index of DNA identification records of persons convicted of crimes punishable by more than one year's imprisonment and analyses of DNA samples recovered from crime scenes. Specifies that such index may include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses. Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this Act are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not to exceed 180 days, external proficiency proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director of the FBI to submit an annual report on the results of such tests to the House and Senate Judiciary Committees for five years after enactment of this Act and to arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year. Restricts disclosure of DNA tests performed for a Federal law enforcement agency to: (1) criminal justice agencies for law enforcement identification purposes; and (2) any defendant for criminal defense purposes. Authorizes disclosure of test results for a population statistics database, for identification research and protocol development purposes, or for quality control purposes if personally identifiable information is removed. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by Federal law enforcement agency by virtue of employment or official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. Title XI: Habeas Corpus - Habeas Corpus Reform Act of 1991 - 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. Specifies requirements for stays of execution in capital cases. Bars the court from applying a new rule representing a sharp break from precedent announced by the U.S. Supreme Court that could not reasonably have been anticipated at the time the claimant's sentence became final in State court. Requires a State in which capital punishment may be imposed to provide legal services to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate, collateral, or unitary review in State court; and (3) who have been sentenced to death and who seek certiorari review of State court judgments in the U.S. Supreme Court. Directs the State to establish an appointing authority which shall be a statewide defender organization, a resource center, or a committee appointed by the highest State court, comprised of bar members with substantial experience in, or commitment to, criminal justice. Requires the appointing authority to: (1) publish a roster of attorneys qualified to be appointed in capital cases, procedures by which attorneys are appointed, and standards governing qualifications and performance of counsel (including knowledge and understanding of pertinent legal authorities regarding issues in capital cases; skills in the conduct of negotiations and litigation in capital cases, the investigation of capital cases and the psychiatric history and current condition of capital clients, and the preparation and writing of legal papers in capital cases; and five years of specified felony trial or other experience); (2) monitor the performance of attorneys appointed and delete from the roster any attorney who fails to meet qualification and performance standards; and (3) appoint a defense team, including at least two attorneys, to represent a client at the relevant stage of proceedings, promptly upon receiving notice of the need for the appointment from the relevant State court. Sets forth additional provisions with respect to the appointment of counsel. 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 shall 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. 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. Title XII: Provisions Relating to Police Officers - Subtitle A: Police Accountability - Police Accountability Act of 1991 - Makes it unlawful for any governmental authority to engage in a pattern or practice of conduct by law enforcement officers that deprives persons of their constitutional or statutory rights, privileges, or immunities. Authorizes: (1) civil actions by the Attorney General and by any injured person to obtain equitable and declaratory relief to eliminate any such pattern or practice; and (2) the court to allow the prevailing plaintiff (in the case of an action by an injured person) reasonable attorney's fees and other litigation fees and costs, including expert's fees. Specifies that a governmental body shall be liable for such fees and costs to the same extent as a private individual. Establishes penalties for police brutality (excessive force), including a fine and imprisonment for any term of years or life if death results, for not more than ten years if bodily injury other than death results, and for not to exceed one year in any other case. Directs the Attorney General to acquire and publish an annual summary of data about complaints to criminal justice authorities about the use of excessive force by law enforcement officers. Requires State applications for justice system improvement grants (under the Omnibus Act) to include a certification that the State and its units of local government are providing such data to the Attorney General. Subtitle B: Retired Public Safety Officer Death Benefits - Amends the Omnibus Act to provide death benefits to retired public safety officers who become permanently and totally disabled as the direct result of a catastrophic injury sustained while responding to a fire, rescue, or police emergency. Title XIII: Fraud - Amends the Federal criminal code to include within mail fraud provisions depositing specified matter to be sent by any private or commercial interstate carrier (current law applies only to matter sent by the Postal Service). Establishes penalties for knowingly and with intent to defraud: (1) affecting transactions with one or more access devices (ADs) issued to another person to receive any thing of value aggregating $1,000 or more during any one-year period; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering an AD, or selling information regarding, or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD. Establishes penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) embezzle or willfully misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person about the financial condition or solvency of such business or to deceive any officer of such person or any insurance regulatory official; and (4) by threats or force, corruptly influences, obstructs, or endeavors corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this title. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud. Title XIV: Protection of Youth - Subtitle A: Crimes Against Children - Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish a State program and guidelines requiring persons convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency (LEA) for ten years after release from prison or after being placed on parole or supervised release. Sets forth requirements for an approved State registration program, including: (1) requirements that a State prison officer inform a released person of the duty to register and provide a designated State LEA with any new address in writing within ten days, obtain a fingerprint card and photograph if not already obtained, require the person to read and sign a form stating that the duty to register has been explained, and forward such information to a designated State LEA (which shall immediately enter the information into the appropriate State law enforcement record system, notify the appropriate LEA having jurisdiction where the person expects to live, and transmit the conviction data and fingerprints to the Identification Division of the FBI); (2) annual address verification by the designated State LEA; and (3) notification of LEAs having jurisdiction over a released person's new address. Provides that: (1) a person required to register who violates any requirement of a State program established by this Act shall be subject to criminal penalties in such State (recommends at least six months' imprisonment); and (2) the information provided under this Act is private and may be used for law enforcement purposes and confidential background checks conducted with fingerprints for child care services providers. Specifies that the allocation of BJA grant funds (under the Omnibus Act) received by a State not complying with the provisions of this Act three years after the enactment of this Act shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act. Subtitle B: Parental Kidnapping - International Parental Kidnapping Crime Act of 1991 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Subtitle C: Sexual Abuse Amendments - Amends the Federal criminal code to include within the definition of "sexual act" the intentional touching, not through the clothing, of the genitalia of another person who has not attained age 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. Title XV: Miscellaneous Drug Control - Amends the Controlled Substances Act (CSA) to establish penalties for any physical trainer or adviser who persuades or induces an individual to possess or use anabolic steroids in violation of such Act. Amends: (1) the CSA to make enhanced penalty provisions with respect to the distribution of a controlled substance within 1,000 feet of specified schools and other facilities applicable to public housing projects; and (2) the Public and Assisted Housing Drug Elimination Act of 1990 to authorize the use of grants in public housing projects for the determination of boundaries and the posting of signs identifying the property of the projects as drug-free zones. Directs the Secretary of Housing and Urban Development to require each public housing agency to post notices regarding the penalty imposed in common areas and at other appropriate locations in public housing projects of the agency. Authorizes the Attorney General, for calendar years 1992, 1993, and 1994, to reserve not more than 70, 60, and 50 percent, respectively, of the total narcotic raw materials imports for materials having Turkey or India as their original source if the Attorney General determines that such materials are in adequate supply and are priced competitively with other authorized suppliers. Provides for enhanced penalties for drug trafficking in prisons. Title XVI: Fairness in Death Sentencing Act of 1991 - Fairness in Death Sentencing Act of 1991 - Amends the Federal judicial code to prohibit the implementation of a sentence of death that was imposed based on race. Specifies that an inference that race was the basis of a death sentence is established if valid evidence is presented demonstrating that, at the time such sentence was imposed, race was a statistically significant factor in decisions to seek or to impose the death sentence in the jurisdiction in question. Provides that evidence relevant to establishing such inference may include evidence that death sentences were, at the pertinent time, being imposed in the jurisdiction in question significantly more frequently upon persons of one race or as punishment for capital offenses against persons of one race. Directs the court to determine the validity of any statistical evidence presented to establish such inference and if it provides a basis for such inference. Specifies that such evidence must take into account, to the extent it is compiled and made publicly available, evidence of the statutory aggravating factors of the crimes involved and must include comparisons of similar cases involving persons of different races. Bars the implementation of the death sentence unless the Government rebuts such inference by a preponderance of the evidence. Requires that the data collected by public officials concerning factors relevant to the imposition of the death sentence be made publicly available. Sets forth provisions with respect to the enforcement of this Act. Specifies that no person shall be barred from raising any claim under this Act on the ground of having failed to raise or prosecute the same or a similar claim before the enactment of this Act, nor by reason of any adjudication rendered before such enactment. Title XVII: Miscellaneous Crime Control - Subtitle A: General - Establishes penalties for receiving the proceeds of: (1) extortion; (2) kidnapping; and (3) postal robbery. Amends the Federal criminal code to establish penalties, in addition to the punishment otherwise provided for a crime, for the commission of a felony crime of violence or specified drug-related felonies in or for any criminal street gang, subject to specified conditions. Specifies that any term of imprisonment imposed under this subtitle shall run consecutively to any other sentence imposed for the underlying crime. Provides that an element of an offense that the defendant knew that property was stolen or counterfeit may be established by proof that the defendant, as a result of an official representation as to the nature of the property, believed the property to be stolen or counterfeit. Amends the CSA to increase penalties for the distribution of controlled substances in or near schools. Amends the Federal criminal code to authorize the Director of the FBI or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director certifies in writing to the wire or electronic communication service provider that such records are relevant to an authorized foreign counterintelligence investigation and there are specific and articulable facts giving reason to believe that the person to whom the information pertains is a foreign power or a foreign agent; and (2) the name, address, and length of service of a person if the Director certifies in writing to such provider that the information is relevant to such an investigation and there are specific articulable facts giving reason to believe that communication facilities registered in the name of the person have been used in communication with an individual who is or has engaged in international terrorism or clandestine activities that involve or may involve a violation of U.S. criminal statutes or a foreign power or foreign agent concerning international terrorism or such clandestine activities. Requires that the House and Senate Judiciary Committees be informed regarding all such requests for certification. (Current law authorizes the Director or his designee to request telephone toll and transactional records upon written certification to the provider that the information sought is relevant to an authorized foreign counterintelligence investigation and there are specific and articulable facts giving reason to believe that the person is a foreign power or foreign agent.) Extends the protection under civil rights statutes with respect to conspiracy against rights and deprivation of rights under color of law to any person in (currently, any inhabitant of) any State territory, or district. Increases penalties under the Travel Act for crime involving violence. Eliminates the $10,000 cap on fines under such Act. Provides penalties for misuse of the words "Drug Enforcement Administration" or the initials "DEA." Defines: (1) "savings and loan association" for purposes of the bank robbery statute to mean any Federal or State savings association having accounts insured by the Federal Deposit Insurance Corporation and any corporation described in the Federal Deposit Insurance Act which is operating under U.S. law; and (2) "livestock" to mean any domestic animals raised for home use, consumption, or profit. Subtitle B: Motor Vehicle Theft Prevention - Motor Vehicle Theft Prevention Act - Directs the Attorney General to develop a national voluntary motor vehicle theft prevention program under which: (1) the owner of a motor vehicle may voluntarily sign a consent form with a participating State or locality in which the motor vehicle owner states that the vehicle is not normally operated under specified conditions and agrees to display program decals or devices on the owner's vehicle and permit law enforcement officials in any State to stop the vehicle and take reasonable steps to determine whether such vehicle is being operated by the owner or with the owner's permission, if the vehicle is being operated under such conditions; (2) participating States and localities authorize law enforcement officials in the State or locality to stop motor vehicles displaying program decals or devices under such conditions and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner; and (3) Federal law enforcement officials are authorized to stop such vehicles under such conditions and make such determination. Requires such program to include a uniform design or designs for decals or other devices to be displayed by motor vehicles participating in the program which shall: (1) be highly visible; and (2) explicitly state that the motor vehicle to which it is affixed may be stopped under the specified conditions without additional grounds for establishing a reasonable suspicion that the vehicle is being operated unlawfully. Sets forth requirements with respect to the voluntary consent form. Directs the Attorney General to promulgate rules establishing the conditions under which participating motor vehicles may be authorized to be stopped under this Act, such as the operation of the vehicle during certain hours of the day or under circumstances that would provide a sufficient basis for establishing a reasonable suspicion that the vehicle was not being operated by, or with the consent of, the owner. Sets forth provisions with respect to the establishment of more than one set of conditions under which participating motor vehicles may be stopped. Requires the notification of lessees of motor vehicles for hire of participation in the program, as specified. Sets penalties for failure to comply with such notice provisions. Authorizes a State or locality to participate in the program by filing an agreement to comply with the terms and conditions of the program with the Attorney General. Specifies that, as a condition of participation, a State or locality must agree to take reasonable steps to ensure that law enforcement officials throughout the State or locality are familiar with the program and with the conditions under which motor vehicles may be stopped under the program. Authorizes appropriations. Includes within the scope of a provision setting penalties for the removal of or tampering with an identification number for a motor vehicle or motor vehicle part, removal of or tampering with a decal or device affixed pursuant to this Act with intent to further the theft of a vehicle, with exceptions. Sets forth penalties for the unauthorized application of a theft prevention decal or device, or a replica thereof. Title XVIII: Miscellaneous Funding Provisions - Authorizes appropriations for: (1) the Drug Enforcement Agency; and (2) the justice system improvement program under the Omnibus Act. Amends: (1) the Federal judicial code to make available sums from the Department of Justice (DOJ) Assets Forfeiture fund for alcohol and drug abuse and mental health services block grants under the Public Health Service Act, subject to specified limitations; and (2) the Omnibus Act to authorize the Director of the BJA to make grants to, or enter into contracts with, specified non-Federal public or private entities (current law does not specify non-Federal). Title XIX: Miscellaneous Criminal Procedure and Correction - Subtitle A: Revocation of Probation and Supervised Release - Amends the Federal criminal code to: (1) require the court, in sentencing a defendant for a violation of probation or supervised release, to consider applicable guidelines or policy statements issued by the U.S. Sentencing Commission; and (2) permit the court, if a defendant violates a condition of probation, to resentence the defendant (under current law, the court may impose any other sentence that was available at the time of the initial sentencing). Provides for the mandatory revocation of probation for possession of a controlled substance or firearm (currently, applies only to actual possession of a firearm). Requires the court, under such circumstances, to resentence the defendant to a sentence that includes a term of imprisonment (current law directs the court to impose any other sentence that was available at the time of the initial sentencing). Directs the court to require, as an explicit condition of probation or supervised release, that the defendant not unlawfully possess a controlled substance. (Current law specifies that the defendant not possess illegal controlled substances.) Specifies that a defendant whose term of supervised release is revoked may not be required to serve more than five years in prison if the offense that resulted in the term of release is a class A felony, more than three years if such offense is a class B felony, more than two years for a class C or D felony, or more than one year in any other case. (Current law specifies only no more than three years for a class B felony or more than two years for a class C or D felony.) Requires the court to revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum authorized if the defendant possesses a controlled substance in violation of a condition of supervised release or possesses a firearm in violation of Federal law or otherwise violates a condition of supervised release prohibiting the defendant from possessing a firearm. (Current law states that if the defendant is found to be in possession of a controlled substance, the court shall terminate the term of supervised release and require the defendant to serve in prison not less than one-third of the term of release.) Provides that: (1) when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized, the court may require that the defendant be placed on a term of supervised release after imprisonment (for a length of time not to exceed the term of release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment imposed upon revocation of such release); and (2) the power of the court to revoke a term of supervised release for violation of a condition of such release and to order the defendant to serve a term of imprisonment and a further term of such release extends beyond the expiration of the term of such release for any period reasonably necessary for the adjudication of matters arising before its expiration, subject to specified conditions. Subtitle B: List of Veniremen - Provides that a person charged with treason or another capital offense shall, a reasonable time (currently, at least three days) before trial, be furnished with: (1) a copy of the indictment (as under current law); (2) a list of veniremen and witnesses to be produced at trial (as under current law) and at the sentencing hearing; (3) the relevant written or recorded statements of such witnesses, relevant portions of memoranda containing reports of their statements, and copies of documents and the opportunity to examine tangible objects that the Government intends to use in the trial or sentencing hearing; and (4) such other reports, statements, or information as the court may order. Provides that the list of veniremen and the name, address, and other information identifying a witness need not be furnished if the court finds by a preponderance of the evidence that providing the list or the name or address may jeopardize the life or safety of any person. Subtitle C: Immunity - Permits a U.S. attorney to request an order requiring an individual to give testimony or provide other information which such individual refuses to give or provide based on the privilege against self-incrimination under specified circumstances with the approval of an officer or employee of the Criminal Division of DOJ designated by the Attorney General (currently, only with the approval of specified officials). Subtitle D: Clarification of 18 U.S.C. 5032's Requirement That Any Record of a Juvenile be Produced Before the Commencement of Juvenile Proceedings - 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) until any prior juvenile court records have been received by the court or other specified conditions are met. (Current law states that "any proceedings against a juvenile under this chapter or as an adult shall not be commenced" until such conditions are met.) Subtitle E: Petty Offenses - Authorizes probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense. Provides for trial by a magistrate in petty offense cases. Grants a magistrate judge who has sentenced a person to a term of supervised release the power to revoke or modify the terms or conditions of such release. Subtitle F: Optional Venue for Espionage and Related Offenses - Provides for venue in the District of Columbia or in any other district authorized by law for the trial of specified espionage and related offenses. Title XX: Firearms and Related Amendments - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Adds using a firearm in the commission of counterfeiting or forgery among offenses which, if the offender uses or carries a firearm, will subject such person to an enhanced sentence. Provides for a mandatory five-year penalty for firearms possession by violent felons and serious drug offenders. Modifies provisions regarding the reporting of multiple firearms sales to: (1) cover sales during any 30 consecutive days (currently, during any five consecutive business days); and (2) require each licensee to forward a copy of the report to the chief law enforcement officer of the place of residence of the unlicensed person not later than the close of business on the date that the multiple sale or disposition occurs. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as prescribed for the underlying offense. Provides for a fine or up to ten years' imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Subtitle B: Assault Weapons - Prohibits the possession or transfer of assault weapons, with exceptions. Defines "assault weapon" to mean all firearms so designated under this Act, including Kalashnikov, Uzi, and AR-15 semiautomatic firearms. Authorizes the Secretary of the Treasury to recommend modifications to the list of designated assault weapons. Repeals a provision setting penalties (a fine of up to $5,000, up to five years' imprisonment, or both) for knowingly possessing a firearm in a school zone. Applies such penalties to persons who: (1) assemble from imported parts any semiautomatic rifle or shotgun which is identical to any rifle or shotgun prohibited from importation as not being particularly suitable for or readily adaptable to sporting purposes, with exceptions; and (2) possess or transfer an assault weapon in violation of this subtitle. Provides for an enhanced penalty for possession or use of an assault weapon during a crime of violence or drug trafficking crime. Directs the Secretary to prescribe regulations governing the transfer of assault weapons. Establishes a fine of up to $500 for the transfer in violation of any such regulation of an assault weapon that has been lawfully and continuously possessed by the person since before the date the weapon was included in the list under this subtitle. Subtitle C: Large Capacity Ammunition Feeding Devices - Prohibits the possession or transfer of large capacity ammunition feeding devices, with exceptions. Defines "large capacity ammunition feeding device" to mean: (1) a detachable magazine or similar device which has, or which can be readily converted to have, a capacity of more than seven rounds of ammunition; and (2) any part or combination of parts designed or intended to convert a detachable magazine or similar device. Excludes from such definition any attached tubular device designed to accept and capable of operating with, only .22 rimfire caliber ammunition. Sets penalties for the possession or transfer of large capacity ammunition feeding devices in violation of this subtitle. Directs the Secretary to promulgate regulations requiring manufacturers of large capacity ammunition feeding devices to stamp each such device manufactured after the date of the enactment of this Act with a permanent distinguishing mark selected in accordance with such regulations. Subtitle D: Possession of Stolen Firearms, Etc. - Prohibits the possession of: (1) stolen firearms or ammunition; and (2) explosives by felons and specified other individuals. Title XXI: Sports Lotteries - Professional and Amateur Sports Protection Act - Amends the Federal judicial code to prohibit a government entity from sponsoring, operating, advertising, promoting, licensing, or authorizing by law, or a person from sponsoring, operating, advertising, or promoting, pursuant to the law of a governmental entity, a lottery, sweepstakes, or other gambling scheme based on competitive games in which amateur or professional athletes participate, with exceptions. Authorizes the Attorney General, or a professional or amateur sports organization whose competitive game is alleged to be the basis of the violation, to enjoin a violation of this title. Title XXII: Technical Corrections - Makes technical corrections to the Omnibus Act, CSA, Federal criminal code, and other statutes. Requires the Director of the National Institute of Corrections to give priority, in making correction options grants, to public agencies (currently, States) that demonstrate that the capacity of their correctional facilities is inadequate to accommodate the number of individuals who are convicted of offenses punishable by a term of imprisonment exceeding one year. Modifies the definition of "firefighter" to include an officially recognized or designated public employee member of a rescue squad or ambulance crew (currently, who was responding to a fire, rescue, or police emergency). Title XXIII: Death Penalty Procedures - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for specified Federal crimes, including: (1) delivering defense information to aid a foreign government; (2) treason; (3) specified CSA offenses committed as part of a continuing criminal enterprise; (4) felony violations of the CSA, the Controlled Substances Import and Export Act, or the Maritime Drug Law Enforcement Act where the defendant knowingly or intentionally causes the death of another individual in the course of the violation or from the use of the controlled substance involved in the violation; (5) certain offenses relating to drive-by shooting; (6) specified offenses under the Federal Aviation Act of 1958; and (7) any other offense for which a death sentence is provided by law and in which the defendant, as determined beyond a reasonable doubt at a sentencing proceeding under this title, intentionally or knowingly caused the death of another individual. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, 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. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) espionage, treason, 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). Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Specifies that if any reviewing court determines that an aggravating factor was not supported by the evidence or is not a proper aggravating factor, the sentence shall be affirmed if the court finds that a remaining aggravating factor found to exist is one allowed under this title and that the remaining aggravating factors substantially outweigh any mitigating factors. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which a person subject to the criminal jurisdiction of an Indian tribal government may be executed under this Act. Prohibits a sentence of death from being carried out upon: (1) a woman while she is pregnant; (2) a person who is mentally retarded; (3) a person who, as a result of mental disability, cannot understand the nature of the proceedings, what such person was tried for, or the reason for or nature of the punishment; or (4) a person who lacks the capacity to recognize or understand facts which would make the punishment unjust or unlawful or the ability to convey such information to counsel or to the court. Provides for appointment of counsel in Federal cases for a defendant or applicant (defendant) charged with a crime with respect to which a sentence of death may be sought or on whom a sentence of death has been imposed, for an offense against the United States, and for any defendant seeking to vacate or set aside a death sentence in a State or Federal habeas corpus proceeding, where the defendant is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services. Entitles such defendant to such other services. Sets forth additional provisions with respect to: (1) representation before and after review of judgment; (2) standards for competence of counsel; (3) ancillary services; (4) rates of compensation; and (5) claims of ineffectiveness of counsel. Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgements imposing a sentence of death; and (2) stays of execution. Amends the Federal Rules of Criminal Procedure to require the court, in death penalty cases, to permit the defendant or his attorney and the attorney for the Government to conduct direct, oral examination of any of the prospective jurors. Title XXIV: Death Penalty - Federal Death Penalty Act of 1991 - Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in serious bodily injury or comes dangerously close to causing the President's death); (5) murder for hire; (6) murder in the aid of a racketeering activity; (7) international terrorism (where a death is the result of first-degree murder or conduct that constitutes a reckless disregard of human life); (8) genocide; (9) murder of Federal law enforcement officials; (10) murder of specified persons aiding such officials; (11) torture; (12) using, or attempting or conspiring to use, a weapon of mass destruction, if death results; (13) first-degree murders involving the use of a firearm or other dangerous weapon in a Federal facility; (14) civil rights murders; (15) intentionally killing a Federal witness in the Witness Protection Program; and (16) drive-by-shootings that result in death. Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Sets forth penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Establishes penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Sets forth provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels.
United States · United States Congress · 17 September 1991
Federal Fire Safety Act of 1991 - Amends the Federal Fire Prevention and Control Act of 1974 to prohibit the use of Federal funds to: (1) construct, purchase, or lease a newly constructed Federal office building, other than housing, having more than 25 full-time Federal employees nor to renovate one with five or more stories unless the entire building includes automatic sprinkler systems or an equivalent level of safety, with specified exceptions; and (2) increase the number of employees in such building by more than 100 employees over that as of enactment of this Act without such system or level of safety. Prohibits the use of such funds after the enactment of this Act: (1) to construct, purchase, lease, rebuild, or operate Federal Government housing for Federal employees and their dependents; (2) multifamily housing for Federal employees subsidized by the Federal Government; and (3) rental assistance housing, without automatic sprinkler systems and smoke detectors (in some cases smoke detectors alone). Directs the: (1) Administrator of the National Fire Prevention and Control Administration (Administrator) to promulgate regulations implementing this Act; and (2) head of any Federal agency that owns, leases, or operates a federally-funded building or housing unit, to invite the local agency or voluntary organization with fire protection responsibility in the jurisdiction of such building or housing unit to prepare, and biennially review, a prefire plan for it.
United States · United States Congress · 17 September 1991
Designates 1992 as the Year of the Gulf of Mexico. Directs all Federal and State agencies which have responsibility for matters affecting the Gulf to work to increase public awareness regarding the immeasurable value of this resource and current conditions which threaten its aesthetic and economic value.
United States · United States Congress · 12 September 1991
Designates October 30, 1991, as Refugee Day.
United States · United States Congress · 2 August 1991
Amends the National Security Act of 1947 to make the Secretary of the Treasury, the Secretary of Commerce, and the U.S. Trade Representative members of the National Security Council.
United States · United States Congress · 2 August 1991
National Energy Efficient Lighting Education Act of 1991 - Directs the Secretary of Energy (the Secretary), within 12 months after enactment of this Act, to make grants to nonprofit institutions and universities (or a consortium of such entities) to establish one regional energy efficient lighting education and demonstration center (centers) in each of the ten regions served by a Department of Energy regional support office. Sets forth such centers' responsibilities, including functions relating to training of lighting professionals, information dissemination, and assistance for lighting engineering and technical programs and curricula. Sets forth requirements for grant applications, selection criteria, and matching funds. Directs the Secretary to establish a task force to: (1) oversee research and training carried out by grant recipients; (2) disseminate such research results; (3) review such programs; and (4) make recommendations for possible future programs. Directs the Secretary to report annually to the Congress on the activities of such centers. Authorizes appropriations for grants for such centers. Authorizes the Secretary to make matching grants to States to encourage State energy offices to supplement the activities of such centers in providing educational workshops to train local building owners, developers, and facility energy and financial managers regarding energy efficient lighting options. Requires such workshops to be conducted in cooperation with the center for the region in which the State is located and with technical assistance and educational material from such center. Gives preference for such grants to States in which a center has not been established. Sets limits on the amount of such a grant to any State. Directs the Secretary to report annually to the Congress on such educational workshops supported by State energy offices. Authorizes appropriations for such grants to States.
United States · United States Congress · 2 August 1991
Foreign Capital and Securities Markets Study Act of 1991 -Directs the Secretary of the Treasury to study and report to the Congress on the capital and securities markets of Japan and their implications for and economic effects on the United States.
United States · United States Congress · 2 August 1991
Pollution Prevention, Community Recycling, and Incinerator Control Act - Amends the Solid Waste Disposal Act to prohibit the issuance of permits for construction or expansion to municipal solid waste incinerators. Prohibits Federal agencies, State or local governments, or other waste management jurisdictions from issuing permits to such incinerators after December 31, 1999, unless the applicant demonstrates and the State finds that: (1) an annual waste composition analysis of the solid waste generated within the area to be served by the facility is conducted by the applicant and by entities from which the facility accepts waste; (2) such entities divert specified percentages of glass, paper, metals, plastics, and yard and food waste to waste management methods other than incineration; (3) the facility will not interfere with diversion rates; (4) it is not feasible to manage the remaining solid waste through source reduction, reuse, or recycling; (5) the facility will not adversely affect the environment or human health and is not situated in a nonattainment area identified under the Clean Air Act; (6) the facility will not harm the local economy; (7) the full cost of the facility over its entire life will be less costly than reducing, recycling, or composting waste; (8) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (9) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (10) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (11) an approved environmental impact statement is completed. Directs the Administrator of the Environmental Protection Agency to: (1) promulgate standards for waste composition analyses; and (2) review diversion rates triennially and require higher rates, if feasible. Treats ash from municipal solid waste incinerators as a hazardous waste under the Solid Waste Disposal Act. Requires such ash to be managed in a monofill containing only such ash and designed to: (1) prevent the migration of constituents during the operation of the facility; and (2) prevent the infiltration of precipitation during any closure or postclosure monitoring period. Provides for compliance with such requirement by existing incinerators within three years of the enactment of this Act. Prohibits the use of such ash for any purpose. Prohibits the incineration of household hazardous waste, batteries, chlorinated plastics, consumer electronics, and yard waste in such incinerators. Prohibits the issuance of permits or prior approval for the construction or expansion of hazardous waste incinerators unless: (1) waste composition analyses are conducted by the applicant and generators of waste to be incinerated at the facility; (2) specified toxics use reduction requirements have been met and the facility will not interfere with the implementation of such requirements; (3) the facility will not adversely affect the environment or human health; (4) the facility will not harm the local economy; (5) there is no safer disposal or treatment technology available for any of the wastes; (6) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (7) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (8) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (9) an approved environmental impact statement is completed. Requires hazardous waste generators, as part of the permit process, to report annually on the use, and reduction of the use, of toxic or hazardous substances at their facilities. Directs permit applicants to demonstrate that the State in which the incinerator is located, and each State in which generators of hazardous waste to be incinerated at the facility are located, are implementing toxics use reduction programs. Applies this Act's requirements to any facility that burns hazardous waste.
United States · United States Congress · 2 August 1991
Audio Home Recording Act of 1991 - Amends Federal copyright law to: (1) set forth definitions relating to digital audio recording devices and media; and (2) prohibit certain copyright infringement actions based on the manufacture, importation, or distribution of a digital or analog audio recording device or medium, or the use of such device or medium for making phonorecords, except when done for commercial advantage. Sets forth a mandatory recordation and filing procedure for the importation, manufacture, or distribution in the United States of digital audio recording devices or media. Requires importers and manufacturers to file quarterly and annual statements of account with the Register of Copyrights (the Register). Mandates Register verification of such statements. Sets forth verification guidelines. States that verification audit costs shall be borne by interested copyright parties. Sets forth confidentiality guidelines with respect to such mandatory statements of accounts. Prescribes royalty payment guidelines for digital audio recording devices and media imported, manufactured, or distributed in the United States. Requires that royalty payments be deposited into the Treasury. Identifies interested copyright parties entitled to royalty payments. Prescribes royalty payment allocation and distribution procedures. Permits alternative royalty collection and distribution arrangements to be negotiated among interested copyright and manufacturing parties. Maintains the Copyright Tribunal jurisdiction over such negotiated arrangements insofar as nonparticipant interests are affected. Prohibits: (1) the importation, manufacture, and distribution of any digital audio recording device or audio interface device that does not conform to certain standards and specifications to implement the Serial Copy Management System; and (2) the circumvention of such System. Directs the Secretary of Commerce to publish in the Federal Register a certain Technical Reference Document which sets forth the standards and specifications pertinent to the Serial Copy Management System. Authorizes the Secretary to implement such System according to the prescribed guidelines. Sets forth civil remedies for violations of this Act, including impoundment, remedial modification and destruction of non-complying devices, and binding arbitration.
United States · United States Congress · 1 August 1991
Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - Amends OSHA to establish requirements for each employer to set up and carry out a written occupational safety and health program that includes methods and procedures for: (1) identifying, evaluating, and documenting hazards; (2) correcting them; (3) investigating work-related illnesses, injuries, and deaths; (4) providing occupational safety and health services, including emergency response and first aid procedures; (5) employee participation in implementing such program, including, where applicable, a safety and health committee; (6) responding to such committee's recommendations; (7) providing safety and health training and education to employees and committee members; (8) designating an employer representative qualified to and responsible for identifying hazards and initiating corrective action; and (9) at a worksite where employees of two or more employers work, protecting employees from hazards under the other employers' control. Authorizes the Secretary of Labor (the Secretary) to modify the application of such requirements to classes of employers where, in light of the risks faced by the employer's employees, such a modification would not reduce their safety and health protection. Directs the Secretary to issue final regulations on the required employer occupational safety and health programs, covering employee training and education as well, including annual refresher courses. Title II: Safety and Health Committees and Employee Safety and Health Representatives - Amends OSHA to require each employer of 11 or more employees to provide for: (1) safety and health committees; and (2) employee safety and health representatives. Requires, in general, such employers to establish such a committee at each worksite, but authorizes the Secretary to modify application of this requirement to: (1) an employer whose employees do not primarily report to or work at a fixed location; (2) covered employers at worksites where less than 11 of their employees are employed; and (3) worksites where employees of more than one employer are employed. Requires committee membership to consist of elected or appointed employee representatives and up to an equal number of employer representatives. Requires the committee to be cochaired by an employer representative and an employee representative. Grants each committee the reasonable right to: (1) review occupational safety and health related employer programs, incidents of death, injury, or illness, complaints of hazards, the employer's work injury and illness records (other than personally identifiable medical information), and other related reports and documents; (2) conduct worksite inspections (and related employee interviews) at least once every three months and in response to complaints; (3) conduct meetings at least once every three months; (4) observe the measurement of employee exposure to toxic materials and harmful physical agents; (5) establish procedures for exercising committee rights; (6) make advisory recommendations for improvements and corrections; and (7) accompany the Secretary's representative during certain physical inspections of the worksite. Requires the employer to permit committee members to take such time from work as is reasonably necessary to exercise committee rights, without any loss of pay or benefits for such time. Directs the Secretary to issue final regulations for the establishment and functioning of such committees. Sets forth procedures for selection of employee representatives by and from nonmanagerial employees. Directs the Secretary to issue regulations on safety and health representatives, including specified numbers and selection procedures. Title III: Coverage - Revises the OSHA definition of employer to include the Federal Government (except certain congressional employees) and State and local governments, thus extending OSHA coverage to public employees. (Includes under such OSHA coverage the executive and judicial branches and the following agencies of the legislative branch: the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal.) Authorizes the Secretary to cede OSHA jurisdiction to a Federal agency with respect to specified standards or regulations affecting occupational safety and health of some or all employees within that agency's regulatory jurisdiction, if the agency has promulgated and is enforcing standards and regulations so that its employees are being protected at least as effectively as they would be by the Secretary. Declares that nothing in OSHA shall apply to working conditions covered by the Federal Mine Safety and Health Act of 1977. Applies OSHA to employment performed in the Federal nuclear facilities under the control or jurisdiction of the Department of Energy. Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - Revises provisions for OSHA standards. Requires specified timeframes for setting such standards after the Secretary has received: (1) a recommendation of an advisory committee, the Secretary of Health and Human Services (HHS), or the Administrator of the Environmental Protection Agency; or (2) a petition from an interested person setting forth with reasonable particularity the facts claimed to establish that a standard should be promulgated, modified, or revoked. Directs the Secretary, within 90 days after such receipt, to publish a response stating whether the Secretary intends to publish a proposed rule with respect to such standard, or if not, the reasons for the decision not to publish such a rule. Directs the Secretary, if such rule is intended to be published, to do so within 12 months after the receipt of the recommendation or petition. Directs the Secretary to: (1) afford interested persons a period of at least 30 days to submit written data or comments after publication of a proposed rule promulgating, modifying, or revoking an OSHA standard; and (2) issue a final rule within 180 days after the public comment period (or within 180 days after a required public hearing on objections to such rule). Allows any adversely affected person to petition for judicial review, in the U.S. court of appeals for the appropriate circuit, of the Secretary's refusal or failure to issue such rules or standards. Requires that such a petition to appeal the Secretary's determination not to propose a rule with respect to a standard be filed within 60 days after publication of such determination. Requires set-aside of the Secretary's determination if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Allows a petition to appeal the Secretary's failure to publish a proposed rule within the required 12-month time frame to be filed at any time after such time period has elapsed. Directs the reviewing court to compel the Secretary to take any such action that is found to have been unlawfully withheld or unreasonably delayed. Provides that the withholding or delaying of action shall not be justified by the Secretary's desire to consult with, or receive approval from any other Federal agency or executive official, except where this is required by applicable law and pursued in timely fashion. Revises the definition of "occupational safety and health standard" to mean a standard which addresses a significant risk to the safety or health of employees by requiring conditions, or the adoption or use of one or more practices, means, methods, operations, or processes that most adequately assure, to the extent feasible, safe and healthful employment and places of employment. Requires each OSHA standard also to prescribe requirements for recording or reporting a work-related illness determined as a result of a medical examination or test conducted under the standard. Directs the Secretary to place in the public record all written comments and communications and a summary of all verbal communications with parties outside the Department of Labor (DOL) (including communications with executive branch officials) regarding promulgation, modification, or revocation of an OSHA standard. Directs the Secretary, in cooperation with the Secretary of HHS and in addition to other OSHA standards, to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. Directs the Secretary of HHS, acting through the National Institute for Occupational Safety and Health (NIOSH), to: (1) regularly evaluate available scientific evidence, data, and information to determine if such exposure limits should be modified or be established to protect exposed employees from material impairment of health or functional capacity; and (2) at least every three years, on the basis of such evaluation, develop and transmit to the Secretary recommendations identifying materials and agents for which exposure limits should be modified or established to protect employees from such impairment. Directs the Secretary: (1) within 30 days of receipt of such recommendations, to publish them and provide a 30-day public comment period; (2) within six months of their receipt evaluate them and the public comments and publish a proposed rule for the exposure limits of each material and agent for which the Secretary of HHS has made a recommendation (explaining why any proposed limit is not the same as a recommended limit); (3) within one year of publication of the proposed limits, issue a final standard (explaining why any final limit is not the same as the recommended limit); and (4) establish or modify such limits whenever warranted, in addition to a periodic review. Directs the Secretary, within two years after the effective date of this Act, to promulgate final standards on exposure monitoring and medical surveillance programs, including specified requirements. Directs the Secretary to issue a final standard on ergonomic hazards to protect employees from work-related musculoskeletal disorders, including specified requirements. Sets forth timetables for the Secretary to issue various OSHA final standards. Title V: Enforcement - Revises OSHA enforcement provisions. Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed to be hours worked, with no loss of pay, benefits, or seniority. Requires the Secretary to notify employees or their representative within 30 days after receipt of their request for inspection that there are no reasonable grounds to believe a violation or danger exists. Directs the Secretary also to make a special inspection after determining that there are reasonable grounds to believe that an imminent danger or serious violation exists in a place of employment, upon notification from any other source (as well as upon notification by an employee or employee representative as in current law). Directs the Secretary to establish and carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive than normal inspections. Requires annual designation of the industries and operations for such program and the number of inspections planned and number of enforcement personnel required. Requires that special emphasis inspections be in addition to other programmed and complaint inspections conducted under OSHA before the effective date of this Act. Requires a report on such program in the Secretary's annual OSHA report to the Congress. Requires the Secretary to investigate any work-related death or serious incident (i.e. one resulting in hospitalization of two or more employees). Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in investigating such death or incident. Requires OSHA citations to state if the Secretary or the Secretary's representative believes that an alleged violation is serious and presents such a substantial risk to the safety or health of employees that initiation of review proceedings should not suspend the running of the period for correction of the violation. Revises the correction period to make it begin to run from the date of receipt of the citation, with specified exceptions. Requires employers to verify the abatement of a serious, willful, or repeated violation in writing to the Secretary within 30 days after the correction period has expired. Requires employers, within ten days after verification of abatement, to prominently post notice of such abatement at or near each place the violation occurred and to make a copy of the verification available to employers and employee representatives. Directs the Secretary to issue regulations implementing such abatement verification and notice requirements. Grants employees the right to contest: (1) citations' designations of the character of the violation or of the OSHA provision, standard, rule, regulation, or order violated (in addition to contesting the abatement period, as in current law); and (2) proposed penalties as inadequate. Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. Requires, if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer, the Commission's rules of procedure to provide for prompt notice to affected employees or their representatives. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to file a notice alleging that the proposed agreement fails to effectuate the purposes of OSHA within 15 days after receipt of notice of the agreement. Directs the Secretary to consider the matter and, upon determination to proceed with the agreement, respond with particularity to the objections. Grants employees or their representative, within 15 days after the Secretary's response, the right to a hearing upon request to the Commission. Provides that if the Commission determines the proposed agreement fails to effectuate the purposes of OSHA, the proposed agreement shall not be entered as a Commission order and the citation shall not be withdrawn or modified in accordance with the proposed agreement. Revises OSHA provisions for restraining imminent dangers. Directs the Secretary to inform the employer and the affected employees and request that a condition or practice that poses an imminent danger be corrected immediately or that employees be immediately removed from exposure to such danger. Requires such actions if the Secretary determines, on the basis of an inspection or investigation, that a condition or practice in the place of employment is such that an imminent danger to safety or health exists which could reasonably be expected to cause death, serious physical harm, or permanent impairment of health or functional capacity of employees if not corrected immediately. Directs the Secretary to determine whether to post a notice in the workplace if the employer refuses to comply with the Secretary's request. Requires that such notice identify the source of the imminent danger. Grants employees the right to refuse to perform a duty that has been identified as the source of an imminent danger by such a notice, and prohibits discrimination against them for such refusal. Subjects an employer to a civil penalty of from $10,000 to $50,000 for each day during which an employee continues to be exposed if the employer does not immediately correct the hazard referred to in the posted notice or remove all employees from exposure to it, unless the Commission determines that the condition or practice is not covered by such imminent danger provisions. Revises OSHA criminal penalties to increase the maximum amount of fines and the length of prison terms for specified violations, including those for a willful violation causing death, an improper advance notice of an inspection, or a false statement. Establishes criminal penalties for a willful violation that causes serious bodily injury. Prohibits a penalty or fine which is imposed on a director, officer, or agent of an employer from being paid out of the employer's assets on behalf of that individual. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions in accordance with State or local laws. Title VI: Protection of Employees from Discrimination - Revises OSHA antidiscrimination provisions to extend coverage to an employee's: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to himself/herself or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of complaints of discrimination. Increases the period for filing such complaints from 30 to 180 days after the alleged discrimination. Requires the Secretary, within 60 days after receipt of the complaint, to investigate and notify the complainant and the alleged violator of the findings. Requires such findings to be accompanied by a preliminary order providing relief, if the Secretary has concluded that there is reasonable cause to believe a violation has occurred. Allows the alleged violator or the complainant to file, within 30 days, objections to the findings and/or the preliminary order, and to request a hearing on the record. Provides that such filing of objections shall not operate to stay any reinstatement remedy in the preliminary order. Requires such hearings to be conducted expeditiously. Deems the preliminary order a final order not subject to judicial review if a hearing is not timely requested. Directs the Secretary to issue a final order within 120 days after the conclusion of such hearing. Allows such proceedings to be terminated at any time in the interim on the basis of a settlement agreement by the Secretary, the complainant, and the alleged violator. Requires the Secretary, upon determination that a violation of antidiscrimination provisions has occurred, to order: (1) correction of the violation; (2) reinstatement to the former position with all compensation (including back pay), terms, conditions, and privileges of such employment; and (3) compensatory damages. Authorizes the Secretary, upon request of the complainant, to assess against the person against whom such order is issued all costs and expenses (including attorney's fees) incurred by the complainant in connection with bringing the complaint. Allows adversely affected or aggrieved persons to petition within 60 days to obtain review of such orders in the U.S. Court of Appeals for the appropriate circuit. Directs the Secretary to file a civil action in the appropriate U.S. district court to enforce such orders against persons who fail to comply. Authorizes such court to grant appropriate relief. Provides that the legal burdens of proof that prevail under the Whistleblower Protection Act of 1989 shall govern adjudication of protected activities under OSHA antidiscrimination provisions. Title VII: OSHA and NIOSH Training and Education - Revises OSHA provisions for training and education. Includes education programs for employees and members of safety and health committees, as appropriate, among those programs which the Secretary of HHS is to conduct through NIOSH. Requires the Secretary (of Labor) to develop training materials, model curricula, and programs to assist employers in: (1) providing the training and education required under the new provisions for employer occupational safety and health programs; and (2) complying with OSHA standards. Title VIII: Recordkeeping and Reporting - Revises OSHA provisions relating to statistics to require the Secretary to collect information and conduct analyses that identify: (1) industries, employers, processes, operations, and occupations that have a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; and (3) workers' compensation costs associated with the injuries and illnesses. Requires such data to be publicly available in a form suitable for further statistical analysis, and to be used in setting safety and health standards, targeting inspections of individual establishments, and evaluating standard setting and enforcement programs. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. Revises OSHA requirements for employer records and reports to include (in addition to work-related deaths, injuries, and illnesses) suspected work-related illnesses, including a work-related illness reported by an employee or an employee's physician, unless the employer makes a reasonable determination that the illness is not work-related. Provides that all such employer records and reports shall be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - Revises OSHA provisions relating to duties of the Secretary of HHS acting through NIOSH. Includes under hazard evaluation reports an evaluation of whether any hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. Directs the Secretary of HHS, if a final determination of hazard is not made within six months of a request, to provide to the employer and employees an interim report on the known or suspected hazards, a recommendation for control, and an estimate of the time in which a final determination will be made. Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. Directs the Secretary of HHS to carry out a program to identify and notify employees at increased risk of occupational illnesses, injuries, and deaths, including public information and education programs, and recommendations for appropriate medical surveillance. Requires notification, if they are found to be at increased risk, of subjects of studies funded or conducted by the Secretary of HHS under such program. Specifies that the authority of the Secretary of HHS, and of NIOSH, to inspect records extends to the Secretary's designees and contractors. Directs the Secretary of HHS, through NIOSH (and in cooperation with other HHS agencies and the Secretary of Labor), to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. Requires coordination with State health agencies and Federal and State workers' compensation agencies under such program. Directs the Secretary of HHS to collect data each year on the number and characteristics of all occupational deaths and selected occupational illnesses and injuries. Requires, in making such selections, consideration of known frequency and severity of the disorder and of the size of the population at risk. Directs the Secretary of HHS to report on and analyze the occupational deaths, illnesses, and injuries collected under such program, and transmit such information to the Secretary of Labor, State health agencies, employers, employees, and other interested parties. Authorizes the Secretary of HHS to require an employer, through a physician or health professional employed by or under contract to the employer, to report information on occupational deaths, illnesses, and injuries. Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. Title X: State Plans - Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. Requires a State to enforce a Federal OSHA standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. Requires the Secretary (of Labor) to: (1) promptly investigate complaints against a State plan if there are reasonable grounds to believe a deficiency exists; (2) investigate complaints alleging a deficiency in a State enforcement action within 30 days of receipt; and (3) within 30 days of completion of the investigation, transmit findings and recommendations for correction to the State and complainant (or notify the complainant if there are no reasonable grounds to believe a deficiency exists). Requires a State to respond as to what action it has taken on the Secretary's findings and recommendations within 30 days of their receipt. Directs the Secretary to issue a citation with reasonable promptness if, after receipt of the State's response, the Secretary believes a serious violation of OSHA exists for which the State has failed to issue a citation. Requires the Secretary, upon determination that there are reasonable grounds to conclude there is a failure to comply substantially with any provision or assurance of the State plan, to: (1) notify the State and allow six months for correction of deficiencies; (2) institute proceedings for withdrawal of approval of the State plan, if the State has not corrected the deficiencies within six months (unless there are exceptional circumstances); and (3) during the pendency of such proceedings, exercise concurrent jurisdiction with the State over the safety and health issues that are subject to the State plan. Requires States which are operating State safety and health plans to modify them to conform to this Act. Title XI: Victim's Rights - Sets forth provisions for victims' rights under OSHA. Defines a victim as: (1) an employee who has sustained a work-related injury or illness which is the subject of an OSHA inspection or investigation; or (2) the family member of an employee who either is killed or cannot reasonably exercise victim's rights as a result of such an injury or illness. Grants victims the right, on request, to: (1) meet with the Secretary or a representative respecting the inspection or investigation before the Secretary's decision to issue a citation or to take no action; (2) receive a free copy of any citation or report issued as a result of the inspection or investigation; (3) be informed of any notice of contest filed; (4) be provided an explanation of the rights of employees and employee representatives to participate in OSHA enforcement proceedings; and (5) be provided an opportunity to appear and make a statement before the parties conducting any settlement negotiations, before the Secretary agrees to withdraw or modify the citation. Provides that a victim shall have the same rights as an employee under OSHA enforcement procedures. Entitles a victim, if such victims' rights are violated, to declaratory relief, injunctive relief, recovery of costs of securing specified documents, and reasonable attorney's fees and costs. Directs the Secretary to take reasonable actions to inform victims of these rights. Title XII: Worker's Compensation Study - Establishes the Federal Worker's Compensation Commission. Directs the Commission to study worker's compensation laws and system with respect to: (1) the recommendations of the National Commission on State Workmen's Compensation Laws; (2) the feasibility of using workers' compensation data to target loss prevention activities on high risk occupations; (3) the laws' adequacy in providing for needs of injured workers, occupational illnesses and diseases, quality control and medical and rehabilitation costs with cost control, and time for recuperation and counseling before return to full-time work; (4) the administrative system's adequacy and the appropriateness of such laws as the exclusive remedy; (5) the relationship between workers' compensation, safety and health programs, and insurance rates and services; (6) the feasibility and appropriateness of transferring the branch of the Department of Labor involved in workers' compensation studies from the Employment Standards Administration to the Occupational Safety and Health Administration; and (7) the feasibility of preempting State workers' compensation laws with a national program. Requires such Commission to report the results of such study to the President and the Congress. Title XIII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 1 August 1991
Insurance Fraud Prevention Act of 1991 - Amends the Federal criminal code to establish penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) embezzle or willfully misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person about the financial condition or solvency of such business, or to deceive any officer of such person or any insurance regulatory official; and (4) by threats or force, corruptly influences, obstructs, or endeavers corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this Act. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud.
United States · United States Congress · 31 July 1991
Provides that each party to a sales and service contract that provides for the use of arbitration to resolve controversies shall have the option to reject arbitration as the means of settling a controversy. Requires the arbitrator, in making an award in any controversy arising out of or relating to such a contract, to provide the parties with a written explanation of the reasons for the award. Allows any such award to be vacated by a court order whenever the court finds that the arbitrator disregarded, misapplied, or misinterpreted State law.
United States · United States Congress · 31 July 1991
Amends the Federal Aviation Act of 1958 to require air carriers that have acquired a certificate transferring air route authority from another air carrier to hire from such air carrier, in order of seniority, no less than the number of employees required to operate such route. Affords such hired employees seniority integration protections provided in Tiger International Seaboard Acquisition Case, CAB Docket 33712. Provides for the enforcement of such seniority protections by U.S. district courts. Amends the Airline Deregulation Act of 1978 to declare that air carrier employees who are furloughed or terminated by an air carrier (other than for cause) prior to the last day of the 17-year (currently, ten-year) period beginning upon enactment of such Act shall have first right of hire, regardless of age in his or her occupational speciality by any other air carrier that is hiring additional employees.
United States · United States Congress · 31 July 1991
Establishes a Joint Committee on the Organization of the Congress to: (1) make a full and complete study of the organization and operation of the Congress; and (2) recommend improvements in such organization and operation with a view toward strengthening its effectiveness, simplifying its operations, improving its relationships with other branches of the Government, and improving the orderly consideration of legislation. Requires a report to the Senate and the House of Representatives not later than the adjournment sine die of the 102d Congress.
United States · United States Congress · 29 July 1991
Medicare Physician Payment Reform Amendments of 1991 - Amends title XVIII (Medicare) of the Social Security Act to revise the transition rules for phasing in the resource-based relative value scale (RB RVS) method of payment for physician services to prohibit adjustments for asymmetry in the transition and for behavioral responses. Declares spending under this Act to be an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and exempt from sequestration.
United States · United States Congress · 29 July 1991
Amends the Defense Base Closure and Realignment Act of 1990 to require the Secretary of Defense and the Defense Base Closure and Realignment Commission, with respect to recommendations made for closure and realignment of military installations in 1993 and 1995, to include recommendations for the termination and reduction of military operations at installations outside the United States.
United States · United States Congress · 25 July 1991
Film Disclosure Act of 1991 - Amends the Lanham Act to require specified disclosures with regard to materially altered films.
United States · United States Congress · 25 July 1991
Judicial Naturalization Amendments of 1991 - Amends the Immigration and Nationality Act to confer naturalization authority upon the Attorney General and eligible naturalization courts under specified conditions. (Current law provides the Attorney General with sole naturalization authority.)
United States · United States Congress · 25 July 1991
NTIA Organization and Authorization Act - Provides statutory authorization for the National Telecommunications and Information Administration (NTIA). Authorizes appropriations for the administration of NTIA for FY 1992 and 1993.
United States · United States Congress · 25 July 1991
Designates November 1991 as National Red Ribbon Month.
United States · United States Congress · 23 July 1991
Public Telecommunications Act of 1991 - Amends the Communications Act of 1934 to authorize appropriations for the public telecommunications facilities program for FY 1992 through 1994 and for the Corporation for Public Broadcasting (CPB) for FY 1994 through 1996. Reduces from ten to nine the number of CPB board members, lengthens the term of each member from five to six years, and staggers the terms of the members. Requires CPB, in recognition of the importance of educational programs and services and the expansion of public radio services to unserved and underserved audiences, to prepare and submit to the Congress an annual report for FY 1994 through 1996 on its activities and expenditures relating to those programs and services.
United States · United States Congress · 18 July 1991
Designates August 29, 1991, as National Sarcoidosis Awareness Day.
United States · United States Congress · 17 July 1991
Consumer Protection Against Credit Card Fraud Act of 1991 - Amends the Federal criminal code to establish penalties for knowingly and with intent to defraud: (1) effecting transactions with one or more access devices (ADs) issued to another person to receive payment or any other thing of value during any one-year period the aggregate value of which is equal to or greater than $1,000; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD.