United States · United States Congress · 14 May 1991
Farmer Retirement Security Act - Amends the Internal Revenue Code to exclude from gross income gain from the sale or exchange of qualified farm property to the extent that the proceeds are paid into an individual retirement account. Establishes limitations on such rollover amounts per individual and per family. Denies an itemized deduction for such rollover amounts and exempts such amounts from limitations on contributions to individual retirement accounts.
United States · United States Congress · 9 May 1991
Amends the Internal Revenue Code to allow penalty-free withdrawals from retirement plans by certain displaced workers. Sets forth a formula for the maximum amount of such withdrawals and provides a cost-of-living adjustment for such amount.
United States · United States Congress · 8 May 1991
Expresses the gratitude of the Congress to this Nation's Federal civilian employees for their contributions to Operation Desert Shield and Operation Desert Storm. Commends and congratulates them on a job superbly done.
United States · United States Congress · 7 May 1991
Rural Access to Obstetrical Care Act of 1991 - Requires the Secretary of Health and Human Services to: (1) provide for demonstration projects to reduce infant mortality by improving access in rural, underserved areas to obstetric services for eligible pregnant women under title XIX (Medicaid) of the Social Security Act; (2) develop and make available to the public each year a compendium of State initiatives to address the obstetric access crisis in rural areas; and (3) provide funding for a study, and report to the Congress on, obstetrical malpractice claims payment by Medicaid and private insurance companies.
United States · United States Congress · 1 May 1991
Expedited Consideration of Proposed Rescissions Act of 1991 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require a special message, in the case of budget authority proposed to be rescinded or reserved, to include language amending the law authorizing such programs to allow them to continue to function at the proposed new level of budget authority. Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal.
United States · United States Congress · 30 April 1991
Aid for Trade Act of 1991 - Title I: Use of Foreign Assistance Funds - Allocates, on a percentage basis, bilateral economic assistance for FY 1993 through 1997 and thereafter for the construction, design, or servicing of developmentally sound capital projects. Limits the use of such assistance to the procurement of U.S. goods and services. Establishes a program for the combined use of credits, loans, and guarantees by the Export-Import Bank and the private sector and grants from the Agency for International Development (AID) under the Foreign Assistance Act of 1961 to support the construction, design, or servicing of such capital projects. Directs the President to establish an interagency capital projects coordinating committee composed of specified Federal officials to ensure a strategic approach to the support of such projects. Requires the committee to submit to the Congress a report with respect to the support and coordination of such projects and the extent to which they and tied aid programs have affected U.S. exports. Sets specified percentage limits on cash transfers with respect to Economic Support Funds for FY 1993 through 1997. Requires the Comptroller General to study and report to the Congress on cash payment assistance. Amends the Foreign Assistance Act of 1961 to require the Administrator of each agency, in determining the geographic code for the purchase of goods and services, not to grant any waivers from Geographic Codes 000 (United States only) or 941 (United States and least-developed countries) except for specified reasons. Requires the Administrator of AID to report annually to the Congress on such waivers. Title II: Increase in Credit Authority - Amends the Export-Import Bank Act of 1945 to direct the Export-Import Bank to increase its direct loans and reserve funds for loan guarantees for FY 1993 through 1997 by 15 percent per year. Authorizes appropriations for FY 1993 and 1994 to the Tied Aid Credit Fund. Amends the Trade and Development Enhancement Act of 1983 to authorize appropriations for FY 1993 and 1994 to support preliminary engineering and design work for capital projects. Title III: Eastern Europe Recovery Program - Authorizes the President, acting through the Administrator of AID, to provide technical assistance to assist in the revision of public policy and administrative reforms to effect the evolution of free-market economics among the Eastern European nations. Authorizes appropriations. Establishes within the Export-Import Bank an Eastern European Loan Guarantee Program which shall provide guarantees to U.S. lenders and exporters to export U.S. products and services to Eastern Europe. Amends the Foreign Assistance Act of 1961 to increase the amount of direct investment loans that the Overseas Private Investment Corporation must make each fiscal year. Earmarks a specified amount of such loans to promote the activities of U.S. small businesses in Eastern Europe. Title IV: General Provisions - Requires the Secretary of the Treasury and the President of the Export-Import Bank to report to the Congress on the status of negotiations of the Organization for Economic Cooperation and Development (OECD) with respect to reducing the levels of concessional financing by its member countries (other than the United States) if a new agreement has not been reached by December 31, 1991.
United States · United States Congress · 25 April 1991
Federal Recycling Incentive Act - Amends the Solid Waste Disposal Act to direct the Administrator of General Services to: (1) establish, and periodically modify, a program requiring each Federal department, agency, or instrumentality to separate and collect solid waste (including high-grade paper, newspapers, aluminum, bottles, and containers) for recycling; (2) establish and implement a system for monitoring and enforcing the provisions of this Act; and (3) report periodically to the Congress as to the extent of compliance for the preceding 12-month period. Authorizes any such entity to retain any moneys received from the sale of such waste for use in carrying out its functions. Authorizes appropriations.
United States · United States Congress · 25 April 1991
Fire Safety Enhancement Act of 1991 - Directs the Secretary of Housing and Urban Development to require the installation of smoke detectors in all residential units financed or assisted by the Department of Housing and Urban Development.
United States · United States Congress · 24 April 1991
Veterans' Homeless Pilot Project Amendments of 1991 - Authorizes the Secretary of Veterans Affairs to conduct and report to the Congress on a pilot project using real property acquired by the Department of Veterans Affairs through foreclosures of home loans guaranteed by the Department to provide transitional housing for homeless veterans. Directs the Secretary to select properties that have no significant likelihood of being sold for a price sufficient to reduce the liability of the Department or the veteran who had defaulted on the loan guaranteed by the Department. Authorizes the Secretary to maintain, repair, and improve any property used in the pilot program, pay utilities, and purchase household furnishings using funds from appropriations for veterans' readjustment benefits. Requires major structural repairs, alterations, or improvements to be paid from the appropriate revolving fund (either the Loan Guaranty Revolving Fund or the Guaranty and Indemnity Fund). Authorizes the Secretary to charge rent to occupants of such housing. Exempts property used for the pilot project from State and local taxation. Authorizes the Secretary to furnish information, counseling, and guidance regarding benefits and opportunities to veterans participating in the pilot project.
United States · United States Congress · 24 April 1991
National Biological Diversity Conservation Act - Declares that the conservation of biological diversity is a national goal. Establishes the Interagency Working Committee on Biological Diversity to: (1) prepare a coordinated Federal strategy for the conservation of biological diversity; and (2) issue guidance to Federal agencies regarding biodiversity impact assessment. Dissolves the Committee upon its submission of the strategy to the Congress. Sets forth required elements of the strategy. Requires the Council on Environmental Quality to identify the Federal agencies that conduct programs having a significant impact on biological diversity. Directs such agencies to: (1) review its actions and programs biennially for consistency with the Federal strategy; and (2) report the results of such reviews to the Council. Requires the Council to review such reports biennially and report to the Congress on the consistency of Federal programs with the strategy. Directs the President to establish a National Center for Biological Diversity and Conservation Research. Requires the Center to: (1) identify gaps in the understanding of biological diversity and develop a plan for filling such gaps; (2) issue grants to private institutions for projects to contribute to implementation of the plan; (3) provide information to the Interagency Committee in preparation of the Federal strategy; (4) develop a plan for the establishment of a clearinghouse; and (5) identify species and natural communities of special concern. Directs the Secretary of the Interior to establish a biological diversity grant program for purposes of monitoring the status of plants, invertebrate organisms, terrestrial communities, and freshwater aquatic communities and species. Limits the Federal share of grant activities to 75 percent of the total cost. Requires the Secretary to identify: (1) the types of natural communities native to the United States; (2) the types of communities that do not occur in at least three protected areas of sufficient size to maintain populations of the species of plants and animals associated with such communities; (3) the types of communities that are especially rich in terms of the number of native species they contain; and (4) the location on Federal lands of communities identified under (2) and (3). Directs the Secretary to issue regulations establishing requirements for considering areas of lands to be protected areas for purposes of this Act. Prohibits lands from being considered as protected areas unless the lands are: (1) managed primarily for the purpose of maintaining viable populations of native plants and animals and self-sustaining natural communities; and (2) subject to permanent land use restrictions to ensure the protection of such plants, animals, and communities. Requires Federal agency heads to consult with the Secretary regarding the management actions necessary to maintain natural communities on Federal lands identified under this Act and to ensure the long-term sustainability of such communities. Authorizes appropriations.
United States · United States Congress · 24 April 1991
Designates May 15, 1991, as Joe DiMaggio Day, in honor of the 50th anniversary of his remarkable and lasting major league feat of hitting in 56 consecutive games.
United States · United States Congress · 24 April 1991
Expresses the sense of the House of Representatives that: (1) Japan has not fully complied with the 1986 U.S. - Japan Semiconductor Trade Agreement and that such failure has had an adverse effect on the national security and economic future of the United States; (2) the United States and Japan should enter into a new agreement that will open the Japanese semiconductor market and will address the threat of future dumping of semiconductors by Japan; and (3) the President, the United States Trade Representative, and the Secretary of Commerce should take all steps necessary to negotiate a strong, effective semiconductor trade agreement with Japan.
United States · United States Congress · 23 April 1991
Authorizes the Secretary of Veterans Affairs to reimburse a person for the cost of acquiring a non-Government headstone or grave marker for placement in a cemetery other than a national cemetery in connection with the burial of a veteran.
United States · United States Congress · 23 April 1991
Day Care Provider Tax Simplification Act - Amends the Internal Revenue Code to provide a revised allocation formula for determining deductions allowable to home day care providers for the business use to their homes.
United States · United States Congress · 23 April 1991
Designates May 22, 1991, as National Desert Storm Reservists Day to commemorate the accomplishments of the men and women of the reserve components of the U.S. Armed Forces who proudly served the United States during Operation Desert Storm.
United States · United States Congress · 22 April 1991
Forest Biodiversity and Clearcutting Prohibition Act of 1991 - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974, the Federal Land Policy and Management Act of 1976, the National Wildlife Refuge System Administration Act of 1966, the National Indian Forest Resources Management Act, and Federal law to provide for the conservation of native biodiversity in each national forest community. Revises land management guidelines for such forests to prohibit any even-age logging or even-age management after one year of enactment of this Act. Directs the Secretary of Agriculture, on each site already under such management, to: (1) prescribe a shift to selection management within one year; or (2) cease managing for timber purposes and actively restore the native biodiversity, or permit each site to regain its native biodiversity.
United States · United States Congress · 22 April 1991
Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to amend a specified bumper standard to ensure that it is identical to the one in effect on January 1, 1982.
United States · United States Congress · 22 April 1991
Defense Environmental Activities Act - Authorizes appropriations for FY 1992 for the armed forces and other agencies and activities of the Department of Defense (DOD) for environmental restoration, defense. Earmarks a specified amount of FY 1992 DOD appropriations for other environmental activities. Requires information pertaining to amounts obligated in the past fiscal year and estimated to be allocated for the current fiscal year for DOD compliance with applicable environmental law and for certain DOD waste minimization programs to be included in an annual report of the Secretary of Defense on DOD environmental restoration.
United States · United States Congress · 18 April 1991
Expresses the sense of the Congress that the Government of Kuwait, Kuwaiti enterprises, and the U.S. Army Corps of Engineers shall grant preference in the award of contracts for the rebuilding of Kuwait to supplies and goods produced and manufactured in the United States and to U.S. engineering and consulting services.
United States · United States Congress · 18 April 1991
Declares that the Congress: (1) supports humanitarian, refugee, and emergency assistance for Iraqi refugees and displaced persons; and (2) recommends that the United States provide additional assistance for a sustained international humanitarian relief effort.
United States · United States Congress · 17 April 1991
World War I Veterans' Service Pension Act - Directs the Secretary of Veterans Affairs to pay a monthly pension of $100 to each veteran of World War I who meets specified service requirements. Requires such a veteran, if entitled to another pension administered by the Department of Veterans Affairs, to elect which pension to receive.
United States · United States Congress · 17 April 1991
National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to: (1) establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved; (2) review proposals for national commemorative events submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed. Terminates the Commission within five years after the date of its first meeting.
United States · United States Congress · 17 April 1991
Amends the Internal Revenue Code with respect to the tax-exempt status of a cooperative telephone company to provide for the tax treatment of income received from a nonmember telephone company for services by the cooperative which are indirectly paid for by members of the cooperative. Includes billing and collection services for a nonmember telephone company under such treatment.
United States · United States Congress · 17 April 1991
Declares that the House of Representatives: (1) applauds the Architect of the Capitol and the Committee on House Administration for developing an effective recycling program in the House office buildings; and (2) supports ongoing efforts to expand and update source separation and recycling during the 102d Congress.
United States · United States Congress · 16 April 1991
Design Innovation and Technology Act of 1991 - Amends the copyright law to provide for the protection of industrial designs of useful articles (including typefonts), except designs that are: (1) not original; (2) staple or commonplace; (3) different from commonplace or staple designs in insignificant ways; (4) determined solely by a utilitarian function; (5) embodied in a useful article that was made public by the designer or owner in the United States or a foreign country more than one year before the date of application for registration; (6) composed of three-dimensional features of shape and surface in wearing apparel; (7) a semiconductor chip product already protected under another provision; (8) embodying a process or idea or system; or (9) for motor vehicle glass. States that protection for a design shall be available for subject matter usually excluded if the design is a substantial revision, adaptation, or rearrangement of such subject matter. Sets the term of protection at ten years. Requires the design to be marked with a design notice when it is made public. States that omission of such notice shall not cause loss of protection or prevent recovery for infringement against any person who receives written notice of the protection. Grants the owner of a protected design the exclusive right to make, import, or distribute for sale or use in trade any useful article embodying such design. Specifies the criteria for determination of infringement of a protected design. Provides that protection of a design shall be lost if application for registration is not made within one year after the date on which the design is first made public. Provides procedures for application for the protection of a design through a certificate of registration. Sets fees for services relating to the administration of this Act. Specifies the ownership and transfer rights of designs subject to protection. Provides remedies for infringement of a registered design, including injunctive relief and damages. Allows judicial review of a final refusal of the Register of the Copyright Office to register a design. Prescribes penalties for fraudulent registration, false marking, and false representation of any design. Requires the Secretary of Treasury and the U.S. Postal Service to issue regulations for the enforcement of rights concerning importation of useful articles. Provides that this Act shall take effect one year after the date of enactment. States that no design made public prior to the effective date shall be protected.
United States · United States Congress · 11 April 1991
Omnibus Adoption Act of 1991 - Title I: National Advisory Council on Adoption - Establishes the National Advisory Council on Adoption (the Council), to be appointed by the Secretary of Health and Human Services (HHS). Terminates such Council after four years. Title II: Adoption Data Collection System - Directs the Secretary of HHS to: (1) report to the Congress, within 30 days, on the status of the implementation of the adoption data collection system required under specified provisions of the Social Security Act, including specific assurances relating to such system; (2) report monthly to the Congress on the progress made in implementing such system; and (3) consult with the Council in developing regulations to carry out such reporting requirements and assurances. Title III: Adoption Education Programs - Amends the Higher Education Act of 1965 (HEA) to establish a program of fellowships for graduate study in social work, in innovative programs concerning the effects of adoption on the adopted children, their adoptive families, and their biological parents who make an adoption plan. Directs the Secretary of Education to award up to 50 such fellowships. Sets forth provisions for student selection procedures, stipends, payments to institutions, fellowship conditions, consultation with the Council, and an authorization of appropriations for FY 1992 through 1996. Directs the Secretary of Education, within one year after enactment of this Act, to make grants to States to carry out adoption education programs. Sets forth provisions for grants amounts, applications and agreements, program guidelines, consultation with the Council, and an authorization of appropriations for FY 1992 through 1994. Title IV: Adoption Benefits for Federal Employees and Military Personnel - Amends Federal law relating to Federal employees to allow their sick leave (including advance sick leave) to be used for purposes relating to the adoption of a child. Includes prenatal and maternal benefits (other than those relating to a surrogate parenting arrangement) for the biological mother of an adoptive child among the types of benefits which may be provided under Federal employee benefits plans. Directs the Office of Personnel Management (OPM) to establish minimum standards for this type of benefits, in accordance with specified guidelines. Amends Federal law relating to members of the uniformed services to require establishment of a program to reimburse them for expenses they incur for prenatal and maternal care provided to the biological mother of a child they legally adopt. Limits such reimbursement to care provided on or after the date on which the member notifies the appropriate administering Secretary. Prohibits such reimbursement for expenses incurred in carrying out a surrogate parenting arrangement. Includes prenatal care among types of authorized care for military dependents. Includes care for preexisting conditions among the types of authorized care for adopted children of uniformed service members. Defines adopted child, for purposes of Federal law relating to members of the uniformed services, as a child with respect to whom a written plan of adoption has been entered into pursuant to the laws of the State in which the child resides. Directs OPM and the Secretary of Defense to coordinate their development of regulations and guidelines to carry out their responsibilities under this title, and to consult with the Council in such development. Title V: Adoption Tax Credit - Amends the Internal Revenue Code (IRC) to establish a refundable tax credit for certain amounts of adoption expenses, for taxpayers at certain income levels. Title VI: Maternal Health Certificates Program - Directs the Secretary of HHS, within 180 days after enactment of this Act, to establish a program to provide maternal health certificates for eligible pregnant women to use to cover expenses incurred in receiving services at a maternal and housing services facility. Bases eligibility on an individual's having an annual individual income of not greater than 175 percent of the applicable official poverty line income. Determines such income without taking account of: (1) the income of any parent or guardian of the individual; or (2) the income of an estranged spouse who has been living apart from the woman for at least six months. Prohibits finding an individual ineligible for such program solely on the grounds that they do not receive aid under the State plan for aid for families with dependent children (AFDC) under the Social Security Act. Sets limits on the amount of expenses which such program certificates may cover. Directs the Secretary of HHS to consult with the Council in developing regulations for such program. Authorizes appropriations for FY 1992 through 1994 for such maternal health certificates program. Title VII: Rehabilitation Grants for Maternity Housing and Services Facilities - Directs the Secretary of Housing and Urban Development (HUD) to carry out a program to make grants to eligible nonprofit entities for rehabilitation of existing structures for use as facilities to provide housing and services to pregnant women. Sets forth provisions for such grant program authority, applications, limitations on numbers and amounts of grants, and reporting requirements. Directs the Secretary of HUD to consult with the Council in issuing such program regulations. Authorizes appropriations for such program for FY 1992 through 1994. Title VIII: Sense of Congress Regarding Changes in State Adoption Laws - Expresses the sense of the Congress that each State should adopt and enforce specified types of adoption laws, rules, or regulations, which include provisions for: (1) disclosure of all relevant information, including background information (except actual identification of the child or biological parents), to the prospective adoptive parent, with criminal penalties for unauthorized disclosure, (2) pre-placement investigations of the prospective adoptive parent; (3) disclosure to the court of all costs incurred by or on behalf of each party to the adoption; (4) guaranteed adequate legal representation for the biological mother; (5) filing of a petition for adoption with the appropriate court within one year after placement; and (6) coverage by the health plan of the adoptive parent of pregnancy and childbirth expenses (excluding surrogate parenting arrangements) for the child and the biological mother, or for any dependent child of the plan enrollee, and plan coverage of pre-existing conditions of adopted children.
United States · United States Congress · 11 April 1991
Amends the Federal criminal code to require a minimum sentence of five years' imprisonment, without an opportunity for parole, for the unlawful possession of a firearm by any person: (1) who has been convicted of a crime punishable by more than one year's imprisonment; (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to any controlled substance; (4) who has transported in interstate commerce any stolen firearm; or (5) who has received any stolen firearm. Increases from $5,000 to $10,000 and from five years to ten years the fine and term of imprisonment, respectively, for violation of Federal firearm laws. Increases the penalties for possession of a firearm in connection with a crime of violence or drug trafficking.
United States · United States Congress · 11 April 1991
Amends title XVIII (Medicare) of the Social Security Act to cover colon cancer preventive screening examinations and an annual physical examination performed by a physician or nurse practitioner if a demonstration project to be conducted by the Secretary of Health and Human Services proves such examinations to be cost-effective or of moderate cost but measurably health-enhancing.
United States · United States Congress · 11 April 1991
Missing Service Personnel Act of 1991 - Requires the responsible armed forces commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Requires the commander, if a person has been placed in such status, to notify the officer holding general court-martial authority over such person (or, in the case of a missing civilian, the Secretary concerned), who shall convene a board of initial inquiry within 45 days. Requires such board to: (1) investigate evidence relating to the disappearance of such person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status, within one year of such recommendation. Requires such board to analyze any information which has become available since the board of initial inquiry issued its report, to determine whether such person should be continued in a missing status or declared dead, and to report its findings. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Specifies the composition of such boards. Directs the Secretary to invite each member of the immediate family of the missing person to the meetings of a board of initial inquiry unless attendance would place such member in danger. Requires the Secretary to: (1) invite family members of missing persons to meetings of boards of further inquiry; (2) schedule such meetings at convenient locations and times; (3) provide such family members with reasonable notice of such meetings; and (4) open such meetings to the general public. Authorizes each board to hold meetings, take testimony, receive evidence, and secure directly from any U.S. department or agency any information necessary to carry out its duties. Provides for the appointment of counsel by the officer or Secretary concerned to represent the missing person. Requires that, if a board determines that a missing person is dead, it shall include in its report a detailed description of the location and date of death, whether the body has been recovered, and whether a licensed practitioner of forensic medicine determined that the body recovered is that of the missing person. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of less than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) representatives of the Government have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death upon the filing of a written petition by any member of the missing person's immediate family. Directs the Secretary concerned to make certain that such person's personnel file contains all information in the possession of Federal departments and agencies pertaining to the disappearance or whereabouts of such person. Requires the Secretary to make certain that, if classified information is withheld, such file contains: (1) a notice that the information exists; and (2) a notice of the date of the most recent review of the classification status of the information. Sets forth penalties for knowingly withholding information pertaining to the disappearance or whereabouts of a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
United States · United States Congress · 9 April 1991
Declares that it is the sense of the Congress that: (1) the President should coordinate Federal, State, and private efforts to secure a moratorium on large-scale driftnet fishing, as called for in a specified United Nations (U.N.) resolution, and work to achieve a U.S. policy of a permanent ban on such fishing; and (2) the Secretary of State and the Secretary of Commerce should submit recommendations to the Congress on U.S. steps to implement the U.N. resolution and to secure a ban on large-scale pelagic driftnets.
United States · United States Congress · 22 March 1991
Black Lung Benefits Restoration Act of 1991 - Amends the Black Lung Benefits Act to provide that, when black lung benefits are paid for at least two years after an initial determination of eligibility, repayment of such benefits will not be required even upon a final determination of ineligibility. Prohibits a party adverse to the black lung benefits claimant from submitting more than one: (1) opinion from an examining or consulting physician; and (2) X-ray reading to supplement such an opinion. Requires that reasonable weight be given to the evidence submitted by the physician who treated the person with respect to whom the claim is made. Requires award of black lung benefits to survivors or dependents of a deceased miner if any of the following conditions are met: (1) the miner worked 25 years or more in one or more coal mines; (2) the death as due in whole or part to pneumoconiosis; (3) the miner was receiving benefits for pneumoconiosis at the time of death; or (4) the miner had a pending claim at the time of death in which existing or additional medical evidence submitted by survivors or dependents, or lay evidence, qualifies under specified new eligibility standards. Requires, in administration of the Act, that a widow of a miner shall: (1) not be disqualified to receive benefits upon remarriage; and (2) be entitled to receive benefits without regard to the length of time of marriage to the miner. Provides for a rebuttable presumption of disability or death due to pneumoconiosis with respect to certain coal miners whose claims were filed during a specified period under the Black Lung Benefits Program. Establishes such presumption if a single piece of qualifying evidence is presented. Provides that other relevant medical evidence shall be considered only in connection with rebuttal of the presumption. Requires such presumption to be rebutted if the evidence establishes that: (1) the individual is doing, or is able to do, his or her usual coal mine work or comparable and gainful work; (2) the individual's total disability or death did not arise in whole or in part out of coal mine activity; or (3) the individual does not have, or did not have, pneumoconiosis. Directs the Secretary of Labor (the Secretary) to review any pending or denied black lung benefits claim filed under the Act either with the Department of Labor before April 1, 1980, or with the Social Security Administration at any time. Requires such review to follow certain guidelines established before and by the enactment of the Black Lung Benefits Reform Act of 1977, and to disregard amendments made after such enactment. Requires immediate payment of claims approved under such review. Requires, in the case of claims rejected under such review, the claimant to be given an opportunity to present additional medical or other evidence. Requires benefits granted under such review to be assessed against the Black Lung Disability Trust Fund. Permits claimants who have had more than one black lung claim denied to have their last claim considered de novo on the merits. Establishes under the Act a contingency fee arrangement system under which an attorney may be paid up to 25 percent of the black lung benefits paid to the claimant during specified periods of representation by such attorney. Provides that all benefits payable under any claim under the Black Lung Benefits Program shall be paid from the Black Lung Disability Trust Fund, which is financed by the coal industry (thus eliminating coal operators as defendants with legal counsel in black lung disability cases).
United States · United States Congress · 22 March 1991
Directs the American Battle Monuments Commission to establish a memorial on Federal land in the District of Columbia or its environs to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial. Specifies that such design shall provide for accessibility by, and accommodations for, the physically handicapped. Establishes the World War II Memorial Advisory Board to: (1) promote the establishment of the memorial and encourage the donation of private funds for construction and maintenance; (2) assist and cooperate with the Commission in the selection of the site and design for the memorial; and (3) transmit annual reports on its activities to the Congress. Authorizes the Commission to solicit private contributions for such memorial. Establishes a fund in the Treasury which shall be made available to the Commission to carry out this Act. Authorizes Federal funding, in addition to such private funds, for: (1) site preparation, design, planning, and associated administrative costs for establishment of the memorial; and (2) construction, maintenance, and operation of the memorial. Authorizes assistance from specified Federal departments and agencies, including the Library of Congress. Authorizes the transfer of Federal property to the Commission. Authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial. Urges the Government to encourage 50th anniversary commemorations of the U.S. role in World War II. Urges the Smithsonian Institution and other Federal museums to develop commemorative exhibitions to be shared with academic institutions.
United States · United States Congress · 22 March 1991
World War II 50th Anniversary Commemorative Coin Act - Expresses the sense of the Congress that the United States should recognize the 50th anniversary of World War II by minting and issuing commemorative coins. Directs the Secretary of the Treasury to issue and mint such coins in five dollar, one dollar, and half dollar denominations. Mandates that surcharges received from the sale of such coins be deposited in a coinage profit fund and allocated, upon separate congressional authorization, to the American Battle Monuments Commission to establish a World War II memorial. Directs the Secretary to report semiannually to the Congress regarding implementation of this Act.
United States · United States Congress · 22 March 1991
Operation Desert Storm Commemorative Coin Act - Requires the Secretary of the Treasury to issue one dollar and ten dollar coins emblematic of the United States military's participation in Operation Desert Storm. Prescribes guidelines for the sale of such coins, including the solicitation by the Secretary of the Treasury and the President of the United Service Organizations of bids for proposals from marketing organizations to implement a coin marketing agreement. Mandates that such agreement not indicate in any manner that any portion of the sales price to the public constitutes a tax deductible contribution. Sets forth a surcharge distribution scheme. Mandates that: (1) all amounts received from the sale of such coins be deposited in the coinage profit fund; and (2) the minting and issuing of such coins not result in any net cost to the Federal Government.
United States · United States Congress · 21 March 1991
Amends title XIX (Medicaid) of the Social Security Act to assure minimum payment adjustments for disproportionate share hospitals under the Medicaid program.
United States · United States Congress · 21 March 1991
Amends the Internal Revenue Code to allow individuals to transfer separation pay from the Armed Forces within 60 days after its receipt to an eligible retirement plan.
United States · United States Congress · 20 March 1991
Violence Against Women Act of 1991 - Title I: Safe Streets for Women - Safe Streets for Women Act of 1991 - Subtitle A: Mandatory Restitution, Treatment, and Rehabilitation for Sex Offenses - Requires that a court order restitution, treatment, and rehabilitation for violations of Federal sexual abuse laws, including participation in a psychotherapeutic treatment program by a licensed therapist for specified persons who committed sexual or sexual-related offenses. Specifies that: (1) the treatment program shall be designed to rehabilitate the affected person and to deter such person from committing a sexual offense after being released from the institution; and (2) treatment for a substance abuse-related condition shall be made available to such person in addition to, but not as a substitute for, counseling under such program. Sets forth provisions with respect to the period of treatment, the requirement of a complete forensic psychological assessment prior to the commencement of the treatment program, termination of treatment, supplemental chemical treatment (but the affected person may refuse to participate, or continue to participate, in supplementary chemical treatment), and the responsibilities of the Attorney General (such as contracting for treatment and documenting subsequent criminal sexual abuse). Directs the Attorney General to establish an advisory committee on therapeutic treatment for sex offenders. Authorizes appropriations. Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crime Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to make grants to areas of high intensity crime against women. Requires that the grants be used for personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women. Authorizes the Director to make grants to States, for use by States and their subdivisions, to be used for the same purposes as the high intensity area grants and to reduce the rate of violent crimes against women. Authorizes the Director to make general grants to: (1) States to reduce violent crimes against women; and (2) Indian tribes to reduce violent crimes against women in Indian country. Authorizes the Director, in addition to the grants under this subtitle, to direct any Federal agency, with or without reimbursement, to use its authorities and resources in support of State and local assistance efforts. Authorizes appropriations. Bars any State or other grantee (recipient) from receiving funds under this title unless such recipient incurs the full cost of forensic medical exams for victims of sexual assault when such exams are required under this title. Specifies that a recipient does not incur the full medical cost of such exams if it chooses to reimburse the victim after the fact unless the reimbursement program waives any minimum loss or deductible requirement, provides victim reimbursement within a reasonable time (90 days), permits applications for reimbursement within one year from the date of the exam, and provides information to all subjects of such exams about how to obtain reimbursement. Subtitle C: Safety for Women in Public Transit and Public Parks - Directs the Secretary of Transportation, from funds authorized under existing provisions, to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. Authorizes the Secretary to make grants and loans to States and local public bodies to increase the safety of public transportation through lighting, camera surveillance, security phones, or other projects. Sets the Federal share of each project at 90 percent of the net cost. Directs the Secretary to provide grants and loans to study ways to reduce violent crimes against women in public transit through better design or operation of public transit systems. Amends the National Park System Improvements in Administration Act to authorize the Secretary of the Interior to provide assistance to reduce violent crime in the National Park System (NPS). Provides for the compilation of a list of areas within the NPS with the highest rates of violent crime. Allows funds to be used, around public parks and recreation areas, for increasing lighting, providing emergency phone lines, increasing security or law enforcement personnel, and any other project to increase security and safety. Amends the Land and Water Conservation Act of 1965 to direct the Secretary of the Interior to provide grants for capital improvements and other measures to increase safety in public parks and recreation areas. Subtitle D: National Commission on Violent Crime Against Women - Establishes the National Commission on Violent Crime Against Women to promote a national policy on violent crime against women and to make recommendations on reducing such crime. Authorizes appropriations. Terminates the Commission after submission of its final report, subject to extension by the President for up to one more year. Subtitle E: New Evidentiary Rules - Amends the Federal Rules of Evidence to exclude, notwithstanding any other provision of law and in criminal cases other than a sex offense case, reputation or opinion evidence of the past sexual behavior of a victim from admission into evidence. Allows other types of evidence of a victim's past sexual behavior in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. Makes reputation or opinion evidence of the plaintiff's past sexual behavior, notwithstanding any other provisions of law, inadmissible in a civil action involving allegations of actionable sexual misconduct. Makes other types of evidence of a plaintiff's past sexual behavior admissible in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. Defines actionable sexual misconduct to include sex harassment or discrimination claims under title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964 and gender bias claims under title III of this Act. Makes evidentiary rulings made under specified Federal Rules of Evidence relating to sex offense cases and the relevance of a victim's past behavior subject to interlocutory appeal by the Government or by the alleged victim. Allows the alleged victim to waive those rules if the prosecution seeks to offer evidence of prior sexual history. Makes evidence of an alleged victim's clothing, notwithstanding any other provision of law and in a criminal case under Federal laws relating to sexual abuse, inadmissible to show the victim incited or invited the offense. Subtitle F: Assistance to Victims of Sexual Assault - Amends the Public Health Service Act (PHSA) to allow States to use amounts transferred by the State under block grant provisions for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities. Authorizes appropriations. Removes a requirement that a minimum amount from the block grants under the PHSA be allotted to States on the basis of population. Authorizes the Secretary of Health and Human Services (Secretary) to make grants for research and service demonstration projects to develop and evaluate techniques for lowering the overall incidence of rape by 20 percent by the year 2000 and for reducing the trauma and long-term impact of rape. Authorizes appropriations. Title II: Safe Homes for Women - Safe Homes for Women Act - Subtitle A: Interstate Enforcement - Provides for a Federal term of imprisonment or fine, in addition to any State penalties, for any person who travels or causes another (including the intended victim) to travel across State lines or in interstate commerce with intent to injure a spouse or intimate partner and who, during the travel or thereafter, injures his or her spouse or intimate partner in violation of a criminal law of the State where the injury occurs, or in violation of a State protection order. Provides for temporary protection orders while a case under these provisions is pending. Mandates that a court order restitution to the victim of an offense under this Act. Requires, provided certain conditions are met, that a protection order issued by the court of one State be accorded full faith and credit by the court of another State. Makes a protection order issued against a person who filed a written pleading for protection not entitled to full faith and credit if no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order or, if a cross or counter petition was filed, the court did not specifically find each party entitled to such an order. Subtitle B: Arrest in Spousal Abuse Cases - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize the Secretary to make grants, with regard to spousal abuse, to: (1) implement pro-arrest programs and policies in police departments and improve case tracking; (2) centralize and coordinate police enforcement, prosecution, or judicial responsibility for cases in one group of officers, prosecutors, or judges; and (3) educate judges to improve judicial handling of cases. Directs the Secretary to delegate to the Attorney General responsibility to carry out these provisions. Authorizes appropriations. Subtitle C: Funding for Shelters - Amends the FVPSA to authorize appropriations to carry out that Act, earmarking at least 85 percent of funds appropriated for States, and at least ten percent for Indian tribes and tribal organizations, for grants (under current law, demonstration grants) to prevent family violence and provide immediate shelter and related assistance. Limits the percentage which may be used to provide training and technical assistance to State, Indian tribal, and local domestic violence programs and to other professionals who provide services to victims of domestic violence. Subtitle D: Family Violence Prevention and Services Act Amendments - Amends the FVPSA to: (1) specify that the purpose of such Act is to increase public awareness of, as well as to prevent, family violence, and to provide for training to the courts, and legal, social service, and health professionals (current law specifies only local public agencies, nonprofit private organizations, and others seeking such assistance); and (2) grant preference in the distribution of funds to States that give special emphasis to projects including counseling and self-help services to victims and their children (current law covers counseling, alcohol and drug abuse treatment, and self-help services to abusers and victims.) Directs the Secretary to provide for the funding of domestic violence coalitions that shall further the purposes of domestic violence intervention and prevention through activities such as: (1) working with judicial and law enforcement agencies to encourage appropriate response to domestic violence cases and specified issues, such as the use of mandatory arrest of accused offenders and the use of interstate extradition in cases of domestic violence crimes; (2) working with family law judges, Child Protective Services agencies, and children's advocates to develop appropriate responses to child custody and visitation issues in domestic violence cases, and where domestic violence and child abuse are both present; and (3) conducting public education campaigns regarding domestic violence through the use of public service announcements and informative materials designed for print and electronic broadcast media, billboards, and public transit advertising. Authorizes appropriations. Sets forth provisions with respect to the allotment of funds. Requires: (1) that any State domestic violence coalition have standing to challenge whether a grantee is in compliance with the eligibility requirements, or to seek enforcement, of provisions of the FVPSA; and (2) that each such coalition submit a report to the Secretary detailing the coordination, training, technical assistance, and public education services performed, and evaluating the effectiveness of such services. Raises the limit on funding of grants in any fiscal year to any single entity (other than to a State) to $75,000 (currently, $50,000, and a $150,000 limit on the total amount of such grants to any such single entity). Modifies provisions with respect to grants to entities other than States to require that the local share as a proportion of the total amount of funds provided under such Act to the project involved be 35 percent for new programs for the first year of the program and 20 percent for each year therafter for existing programs. (Current law specifies 35 percent in the first year such project receives a grant under such Act, 55 percent in the second such year, and 65 percent in the third such year.) Repeals a provision requiring that a specified portion of State demonstration grant funds for preventing, and assisting victims of, family violence be distributed to provide shelter for victims. Includes shelter as "related assistance" that may be funded under grants for such purposes, as well as medical services, legal assistance, technical assistance with respect to obtaining financial assistance under Federal and State programs, employment training, and educational and preventive health services. Increases the minimum allotment to States for grants under the FVPSA. Requires the General Accounting Office, within 120 days, to complete a study of, and submit to the Congress a report and recommendations on, problems of recordkeeping of criminal complaints involving domestic violence. Directs the Secretary to: (1) award to not less than ten States model State leadership grants for domestic violence intervention; and (2) provide grants or contracts with public or private nonprofit organizations for the establishment and maintenance of a national resource center and six specialty resource centers focusing on one or more specified issues of concern to domestic violence victims. Sets forth eligibility requirements, funding provisions, and, with respect to the latter, reporting requirements. Subtitle E: Confidentiality for Abused Persons - Requires the Postmaster General to promulgate regulations to secure the confidentiality of abused persons' addresses. Title III: Civil Rights - Declares that all persons within the United States shall have the same rights, privileges, and immunities in every State as are enjoyed by all other persons to be free from crimes of violence motivated by the victim's gender (defined as any crime of violence, including rape, sexual assault, sexual abuse, abusive sexual contact, or any other crime of violence committed because of or on the basis of gender). Makes any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives another of the rights, privileges, and immunities secured by the Constitution and laws as enumerated by this Act liable to the injured party in an action for compensatory and punitive damages, injunctive and declaratory relief, or other relief as the court deems appropriate. Amends the Civil Rights Attorney's Fees Awards Act of 1976 to allow the awarding of attorney's fees in actions to enforce this title. Title IV: Safe Campuses for Women - Safe Campuses for Women Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to make, on a competitive basis, grants to and contracts with institutions of higher education for rape education and prevention programs. Requires that the grants be used to educate and provide support services to student victims of rape or sexual assault, with 25 percent of the funds available for model demonstration programs for rape prevention and education curricula and for local programs to provide services to student rape victims. Authorizes appropriations to carry out title X (Fund for the Improvement of Postsecondary Education) of the Act. Amends the General Education Provisions Act to add sexual assault to the list of criminal offenses about which statistics must be disclosed by institutions participating in certain programs. Title V: Equal Justice for Women in the Courts - Equal Justice for Women in the Courts Act - Subtitle A: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to make grants for model programs to be used by States in training judges and court personnel in State laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Authorizes appropriations. Requires the State Justice Institute to expend at least: (1) 40 percent of appropriated funds on programs regarding domestic violence; and (2) 40 percent on programs regarding rape and assault. Subtitle B: Education and Training for Judges and Court Personnel in Federal Courts - Directs the Federal Judicial Center to study and report on the nature and extent of gender bias in the Federal courts. Requires the Center to develop and disseminate model programs to be used in training Federal judges and court personnel in the laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Authorizes appropriations. Requires between 25 and 40 percent of such funds to be used for the study required by this subtitle.
![Official portrait of Rep. Costello, Jerry F. [D-IL-12]](https://www.congress.gov/img/member/c000794_200.jpg)