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United States · Official source
2,497 records where Rep. Feighan, Edward F. [D-OH-19] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 26 November 1991
Steel Trade Liberalization Program Extension Act - Amends the Steel Import Stabilization Act to express the sense of the Congress with respect to the quantity of steel products imported into, or exported to, the United States from April 1, 1992, through September 30, 1994, under the steel trade liberalization program.
United States · United States Congress · 26 November 1991
Equal Remedies Act of 1991 - Amends Federal law relating to damages in cases of intentional employment discrimination to remove provisions limiting the dollar amount of damages awarded for pecuniary and nonpecuniary losses and punitive damages.
United States · United States Congress · 26 November 1991
Expresses the sense of the Congress that the United States should continue to support the full protection of the African elephant through the unqualified listing of all populations of the African elephant on Appendix I of the Convention on International Trade in Endangered Species of Wild Flora and Fauna.
United States · United States Congress · 22 November 1991
Designates 1993 as the Year of American Craft: A Celebration of the Creative Work of the Hand.
United States · United States Congress · 22 November 1991
Commends: (1) the people of Guam for their patriotism, bravery, loyalty to the United States, and many sacrifices during World War II, particularly during the invasion and occupation of the Guam territory; (2) the members of the Navy Insular Force and U.S. Navy and Marine Corps for the efforts and sacrifices they made in defense of the U.S.; (3) the Hawaiians for their sacrifices and contributions to the U.S. war effort during the attack on Pearl Harbor on December 7, 1941; and (4) the Hawaii Territorial Guard members, Varsity Victory Volunteers, the civilian workers at the Pearl Harbor Naval Ship Yard and other Hawaiian military installations, 100th Infantry Battalion, Military Intelligence Service, and 442nd Regimental Combat Team for their sacrifices and contributions to the U.S. war effort during such attack.
United States · United States Congress · 22 November 1991
Urges the President to renew the voluntary restraint agreements with Taiwan and Japan for an additional five years in order to protect national security and ensure U.S. industrial competitiveness.
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 · 14 November 1991
Commends: (1) the people of Zambia for their commitment to democracy; and (2) former President Kaunda and the United National Independence Party on their cooperation in allowing open participation in the recent elections. Congratulates President Frederick Chiluba on his election as Zambia's President. Calls on: (1) President Chiluba to restore respect for internationally recognized human rights and establish a system of governance that fosters open political participation and encourages the development of democratic institutions; and (2) the President of the United States to take steps to implement a comprehensive assistance program, in coordination with other western donors, to the newly elected government and its people. Urges: (1) President Chiluba to take steps to strengthen Zambia's economy, renew its debt service payments to the International Monetary Fund, and restore Zambia's commitment to implementing its economic restructuring obligations with the World Bank; and (2) President Bush to encourage other industrialized nations to participate in supporting Zambia's newly elected government.
United States · United States Congress · 12 November 1991
House of Representatives Campaign Spending Limit and Election Reform Act of 1991 - Title I: Expenditure Limitations, Contribution Limitations, Matching Funds, and Reduced Third-Class Mail Rate for Eligible House of Representatives Candidates - Amends the Federal Election Campaign Act of 1971 to set forth limitations regarding House of Representatives election expenditures, contributions, and matching funds. Limits aggregate contributions received and expenditures made by an eligible House of Representatives candidate in an election cycle to $600,000, with specified additional limitations in general, special, and runoff elections. Establishes the Make Democracy Work Fund (the Fund) for payment of funds and initial expenditures incurred by the Federal Election Commission (FEC) in the administration of this Act. Outlines FEC examination, audit, and repayment procedures to determine candidate compliance with this Act. Subjects FEC actions to judicial review. Directs the FEC to report to the House of Representatives regarding: (1) candidate expenditures made and balances remaining in the Fund after each election; and (2) a detailed explanation and justification of rules, regulations, and forms it has issued under this Act. Precludes a House of Representatives candidate from receiving funds from the Make Democracy Work Fund without prior certification that any television commercial was prepared or distributed by the candidate in a manner that readily permits closed captioning of the commercial's oral content by way of specified broadcast technology. Amends Federal Postal Service law to provide reduced third-class mailing rates to eligible House of Representatives candidates during a general election period. Title II: Limitations on Political Committee and Large Donor Contributions That May Be Accepted By House of Representatives Candidates; Miscellaneous Provisions Relating To Contributions Under The Federal Election Campaign Act of 1971 - Sets forth limitations on political committee and large donor contributions (and contributions by dependents not of voting age) that may be accepted by House of Representatives candidates. Mandates that contributions to candidates from State and local political party committees be aggregated. Increases the amount that multicandidate political committees may contribute to national political party committees. Deems corporate or labor union expenditures for candidate appearances, debates, or voter guides to be contributions if the corporate or labor organization expressly advocates the election or defeat of a candidate or favors one candidate over another. Title III: Requirement of Budget Neutrality - Provides that the net costs of providing certain benefits under this Act must be fully offset by specified measures that either raise revenues or reduce spending by a specified deadline (thus achieving budget neutrality). Title IV: Independent Expenditures - Modifies definitions relating to independent expenditures. Sets forth reporting requirements for certain independent expenditures. Title V: Bundling and Soft Money - Prohibits any person from acting as conduit or intermediary for any contribution to any candidate, except in specified circumstances. States that such persons are likewise prohibited from conducting or participating in joint fundraising activities with or on behalf of any candidate. Sets forth limitations upon the combined political activities of political committees of political parties. Prohibits incumbents and candidates for Federal office from soliciting contributions to certain organizations substantially engaged in voter registration or get-out-the-vote campaigns. Mandates that political committees established and maintained by a national political party shall report all receipts and disbursements during the reporting period, whether or not in connection with an election for Federal office. Title VI: Prohibitions Relating to Political Committees and Foreign Nationals - Prohibits a candidate for Federal office from establishing, maintaining, or controlling any political committee other than a principal campaign committee, or certain authorized committees (thereby prohibiting the use of leadership committees). Allows such leadership committees to continue making contributions until one year after January 1, 1993, after which time all funds must be disbursed in one or more specified manners. Prohibits an unauthorized political committee from using the name of any candidate in any fundraising activity on its behalf in a context which suggests that the committee is the candidate's authorized committee. Prohibits a foreign national from controlling, influencing, or participating in election-related activities, including making contributions or expenditures relating to any political election or the administration of a political committee. Title VII: Campaign Surplus - Mandates that the funds exceeding $600,000 of incumbents who are House of Representatives candidates be deposited in a separate account subject to the Federal Election Campaign Act of 1971. Title VIII: Campaign Advertising - Prescribes guidelines for campaign advertising related to: (1) printed communication; and (2) broadcast or cablecast communication. Amends the Communications Act of 1934 to entitle House of Representatives candidates to the lowest unit rate charged by a licensee for the same amount of time (currently, the same class and amount of time for the same period on the same date, during the 30 (currently 45) days prior to the primary election and the 45 (currently 60) days prior to the general election). Prohibits the licensee from pre-empting such a candidate's use of the station except in an emergency. Title IX: Contribution Solicitation - Proscribes the solicitation of contributions by false representation by any person as a candidate or as a representative of a candidate or of a political party or committee. Title X: Reporting Requirements - Requires certain reports to identify any person (other than a committee) who contributes more than $50 (currently, more than $200). Directs the FEC to: (1) require with respect to specified reports that operating expenditures be reported on an election cycle basis, by category, as specified by the FEC; and (2) maintain computerized indices of contributions of $50.00 or more. Title XI: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 7 November 1991
Enterprise Capital Formation Act of 1991 - Amends the Internal Revenue Code to allow a deduction for gain on investments in new small business stock (seed capital) held for at least five years. Establishes special rules for such investments. Provides for determining the maximum capital gains rate for small business net capital gain or seed capital gain. Treats capital gains on the sale of such stock as a preference item for purposes of the minimum tax.
United States · United States Congress · 7 November 1991
Designates May 31, 1992, through June 6, 1992, as a Week for the National Observance of the 50th Anniversary of World War II.
United States · United States Congress · 7 November 1991
Congratulates Levon Ter-Petrosian for becoming the first democratically elected President of the Republic of Armenia. Commends the Armenian people for successfully executing Armenia's first free, fair, and democratic presidential election. Urges the President to recognize Armenia's declaration of independence, extend full diplomatic recognition, and support Armenia's application to join international organizations.
United States · United States Congress · 6 November 1991
Urges the President to rescind a Department of Defense directive which bans gays, lesbians, and bisexual Americans from military service.
United States · United States Congress · 5 November 1991
Expresses the sense of the Congress that: (1) the leaders of Armenia, Azerbaijan, Byelorussia (a.k.a. Belarus), Georgia, Kazakhstan, Kyrgyzstan (a.k.a. Kirghizia) Moldavia (a.k.a. Moldova), Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan should accept and implement all commitments on human rights, fundamental freedoms, and humanitarian cooperation contained in the Helsinki Final Act, the Charter of Paris for a New Europe, or any other document of the Conference on Security and Cooperation in Europe; and (2) the President should convey to the leaders of these republics that respect for human rights and fundamental freedoms is a vital element in achieving genuine security and cooperation in Europe and should keep the Congress informed of the status of human rights and fundamental freedoms in each of these republics.
United States · United States Congress · 31 October 1991
Makes the first Tuesday after the first Monday in November in each even numbered year a legal public holiday known as Democracy Day (exept for purposes of statutes relating to pay and leave of Federal employees).
United States · United States Congress · 30 October 1991
Directs the President to transfer to the Demobilization and Transition Fund for El Salvador (established pursuant to the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991) a specified amount of funds allocated for foreign military financing for El Salvador for FY 1992 under any joint resolution making continuing appropriations. Requires the transfer to the Fund of 50 percent of funds for such financing for El Salvador provided under such a joint resolution or the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 (excluding the funds released by the President) if a pardon (other than a pardon pursuant to an agreement between the parties to the conflict in El Salvador) is granted to any of the army officers convicted of the November 1989 murders at the University of Central America.
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 · 24 October 1991
Expresses the sense of the House of Representatives that: (1) it should be U.S. policy to pursue discussions regarding Syria and terrorism at the Middle East peace conference in Madrid, Spain, in October and November of 1991; and (2) Syria should renounce all forms of terrorism, cease all support of terrorism, and close all terrorist training bases on Syrian territory and Syrian-controlled Lebanese territory.
United States · United States Congress · 23 October 1991
Amends Federal bankruptcy law to establish a payment priority for retiree health benefit claims, with an aggregate limitation of $10,000 multiplied by the relevant number of former employees.
United States · United States Congress · 22 October 1991
Family Preservation Act of 1991 - Title I: Child Welfare Services - Amends part B (Child Welfare Services) of title IV of the Social Security Act to convert the Child Welfare program from an authorization to a capped entitlement program. Requires maintenance of State effort under such program. Sets forth a new formula for allotments to States under such program. Repeals provisions for incentive payments to States which maintain a foster care inventory, information system, and case review system, but requires States to provide such protections and other services designed to keep families together or reunify them, or to place children for adoption, with a legal guardian, or in some other planned, permanent living arrangement. Requires States to submit the following types of reports on child welfare services and expenditures: (1) pre-expenditure reports; (2) post-expenditure reports; and (3) comparative financial contributions reports. Requires the Secretary of Health and Human Services (HHS) to annually transmit to specified congressional committees a summary of the information contained in such comparative financial contributions reports. Requires such information to be made available to the public. Reserves funds for entitlement grants to States to plan for and provide child welfare services designed to strengthen and preserve families. Requires use of part of such funds to develop or expand specialized child welfare services programs for families in crisis due to substance abuse that: (1) emphasize comprehensive services geared to the whole family; and (2) support or expand availability of programs for pregnant women and programs that allow mothers (and other caretaker relatives) to reside with their children while receiving services or treatment. Requires uses of the remaining part of such funds to develop or expand: (1) service programs to help children, where appropriate, return to families from which they have been removed, or be placed for adoption, with a legal guardian, or in some other planned, permanent living arrangement; (2) preplacement preventive services programs to help children at risk of foster care placement to remain with their families; or (3) service programs for follow-up care for families to whom a child has been returned after a foster care placement. Reserves funds for grants to State court systems to assess and improve procedures in child welfare cases, in carrying out the Child Welfare Services program and part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act. Sets forth application requirements and formulas for determining the amount of such grants for FY 1993 through 1997. Directs the Secretary of HHS to submit interim and final reports to the Congress on the information obtained from assessments conducted with such grants and the impact of such grant programs on State court procedures and functions. Requires each State to periodically compile a detailed directory of programs designed to keep families together or reunify them or place children permanently, identifying which of such programs provides specialized child welfare services to families in crisis due to substance abuse. Requires States to report on measures taken to comply with the Indian Child Welfare Act. Title II: Foster Care and Adoption Assistance - Amends title IV (Grants to States for Aid and Services to Needy Families with Children and for Child Welfare Services) of the Social Security Act to add a new part C, Comprehensive Service Projects, to grant States flexibility and resources to develop comprehensive and coordinated services designed to: (1) preserve and strengthen families with children at risk of placement outside their homes; (2) reunite children with their families expeditiously if an out-of-home placement is found to be necessary; and (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not appropriate. Permits any State to apply to the Secretary of HHS for permission to: (1) conduct a comprehensive service project in a selected area or areas; and (2) suspend certain child welfare services and foster care and adoption assistance requirements with respect to State activities in such area or areas during the project. Sets forth application requirements and administrative provisions for such projects. Prohibits the Secretary of HHS from requiring as a condition of approval of a project application: (1) the State to select any area or areas in which to conduct the project; or (2) the project to comply with any requirements not specified in the project authorization. Sets forth those requirements with which such a project must comply. Provides for determining the expenses for which a State might properly seek reimbursement, for purposes of calculating such grant amount. Authorizes the Secretary of HHS to increase such grant amount, to the extent appropriate, by taking specified factors into account. Sets forth requirements for notification to States of grant amounts, and for grant payments in equal quarterly installments. Prohibits a State from carrying out such a project in a manner that impairs the entitlement of any child to: (1) the foster care benefits he or she would have received if the Secretary had approved the State plan for the fiscal year and had not authorized the State to conduct such a project; or (2) any other benefit to which the child is legally entitled. Deems a State to have in effect an approved foster care and adoption assistance plan during the period in which it conducts such a project for purposes of State plan requirements under part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act. Requires States to report annually on funds expended under such projects to the Secretary of HHS and the Advisory Commission on Children and Families. Provides for administrative remedies for unsuccessful projects. Provides for project termination. Requires a State to discontinue the project at the end of a fiscal year: (1) if it has notified the Secretary that it intends to do so; or (2) if the Secretary has determined for the fiscal year that the State is not conducting the project in accordance with requirements and is not making satisfactory progress toward achieving the State plans, and the Secretary does not plan to pursue an administrative remedy with respect to the project. Makes abandoned children entering foster care eligible for foster care maintenance payments. Makes the adoptive parents of any such child with respect to whom foster care maintenance payments may be made eligible for adoption assistance payments. Makes technical revisions in the foster care maintenance payments program and the adoption assistance program to expand the removal from home requirement to include removal from legal custody. Provides for retroactive application of such new requirement under the adoption assistance program. Makes children whose adoption has been set aside by a court eligible for foster care maintenance payments. Makes the adoptive parents of any such child with respect to whom foster care maintenance payments may be made eligible for adoption assistance payments. Establishes a respite care program for foster parents with children who have special needs. Limits the expenses eligible for reimbursement under such program. Expands the definition of children with special needs, for purposes of the adoption assistance program, to include: (1) those children for whom information is known and available about their genetic or social history indicating a high risk of medical conditions or physical, mental or emotional handicaps (which makes it reasonable to conclude they cannot be placed for adoption without providing part E adoption assistance or Medicaid (title XIX of the Social Security Act) medical assistance; and (2) those children that have been adopted, that were under the care and responsibility of the State agency responsible for administering the State's part E programs prior to being adopted, and that have a mental, physical, or emotional handicap that either existed before the adoption but was not diagnosed until afterwards or first manifests itself after the adoption but is congenital or was caused beforehand. Includes relatives (as well as foster parents) who are prospective adoptive parents and with whom the child has significant emotional ties while in their care for purposes of an exception to the requirement that an effort be made to place special needs children with appropriate adoptive parents without providing adoption assistance or Medicaid assistance. Requires each State to submit to the Secretary of HHS the factors and conditions it uses to identify children with special needs, for purposes of the adoption assistance program, and any modifications to such factors and conditions. Directs the Secretary of HHS to establish an Advisory Committee on Foster Care Placement to study and report to the Secretary and the Congress on the implementation of specified requirements, under State plans for foster care and adoption assistance, that reasonable efforts be made: (1) prior to placement of a child in a foster home, to prevent or eliminate the need for removal of the child from the child's home; and (2) to make it possible for the child to return to the child's home. Provides Federal coverage of 90 percent of State costs in developing and installing statewide mechanized data collection and information retrieval systems which: (1) the Secretary determines are likely to enhance the administration of such programs; (2) are capable of interfacing with the State data collection system for information on child abuse and neglect; and (3) meet other specified requirements. Covers 50 percent of State costs for operation of such systems. Provides that all State expenditures for development, installation, and operation of such systems shall be treated as necessary for proper and efficient administration of the State plan, without regard to whether the systems may be used with respect to foster or adoptive children other than those on behalf of whom payments may be made for foster care maintenance or adoption assistance. Reduces, after three years, from 90 to 50 percent the Federal matching payment for development and installation of such systems. Defers a deadline for implementation of automated systems until one year after certain regulations are promulgated. Directs the Secretary to establish a work group, including representatives of specified organizations, to advise on planning and implementation of the system to be used for collection of data relating to adoption and foster care in the United States. Requires the State plan to provide for: (1) a triennial review of the amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness; and (2) a report to the Secretary of HHS on the results. Requires that the dispositional hearing to determine the final status of a foster child: (1) occur within 12 months of his or her original placement, rather than the current 18 months; (2) determine and document the measures needed to enhance the likelihood of making the child legally eligible for adoption and of finding an adoptive home for the child, if the hearing determines that the child should be placed for adoption, and the specific measures which have been or need to be taken to make an adoptive placement or a finding that placement of the child in an adoptive family would be inappropriate, if the child is legally eligible for adoption. Revises the time frame for judicial determinations on voluntary placements. Sets forth case plan requirements for placement of children in out-of-State foster care, including a finding that the child needs services not available in the State. Requires annual review, with the child present, of the status of children in out-of-State foster care placements. Requires States to collect data on the numbers of children in out-of-State foster care placements. Requires a State, in order to receive payments for expenditures after FY 1994 for foster care maintenance payments made with respect to children placed in foster care outside the State, to conduct and submit a study to the Secretary of HHS, by the end of such fiscal year, identifying the number and common characteristics of such children and the reason why they were not placed in foster care in the State. Sets forth provisions with respect to the treatment of assets of youth participating in the independent living program. Eliminates the ceilings on Federal foster care payments to States and the States' authority to transfer unused foster care funds to the Child Welfare Services program. Directs the Secretary of HHS to: (1) establish an advisory committee; and (2) issue final regulations for training of staff of agencies responsible for administering foster care and adoption assistance programs and for training of foster and adoptive parents. Requires such committee to include representatives of public agencies and nonprofit organizations with an interest in child welfare. Directs the Secretary to annually publish information, on a State-by-State basis, on expenditures for, and the operation of, the Child Welfare Services program, the Foster Care and Adoption Assistance program, and Comprehensive Service Projects. Amends title IV of the Social Security Act to add a new part G, Child Welfare Review System. Directs the Secretary of HHS to establish such system to: (1) review each State child welfare program to assess whether the requirements of such Act are being carried out; (2) impose financial penalties in cases of substantial failure to comply; and (3) provide technical assistance to any such program. Requires the Secretary to complete such a review for each State program not less frequently than once every three years. Sets forth provisions relating to effects of noncompliance, suspension and recision of financial penalties, and administrative and judicial review. Requires that all State child welfare programs be reviewed at least once by the end of FY 1997. Prohibits the Secretary from reducing or withholding any payment or seeking any repayment from any State under part B or E by reason of a determination made in connection with specified reviews or audits for certain periods. Prohibits suspension of payments with respect to any claim for reimbursement 30 days after the Secretary of HHS receives the quarterly statement of expenditures that contains the report of the claim. Provides that within ten months after the Secretary takes any action to suspend payment with respect to such a claim, the Secretary shall: (1) determine the allowability of the claim; or (2) if unable to make such a determination, make payment with respect to the claim, subject to a later determination of allowability. Title III: Emergency Assistance - Amends the AFDC program to require States to provide emergency assistance to needy families with children, including services designed to prevent homelessness. Title IV: Social Services Block Grant - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to authorize increased appropriations at specified levels under such program for FY 1993 through 1996 and at levels indexed to increases in the Consumer Price Index thereafter. Provides for the allocation to tribal organizations of program funds otherwise allotted to the State in which the Indians represented by such organization reside. Title V: Research, Demonstration, and Evaluation Activities - Amends part A (General Provisions) of title XI (General Provisions and Professional Standards Review) of the Social Security Act to require the Director of the Office of Technology Assessment (OTA) to establish an Advisory Commission on Children and Families (the Commission). Requires the Commission to collect and assess specified types of information in order to identify cost-effective approaches to protect and enhance the physical, mental, emotional, and financial well-being of children and their families. Directs OTA to report annually to the Congress on the Commission and its assessment. Requires the Commission to conduct, through contracts with independent research organizations, the following research and evaluation projects: (1) an evaluation of child welfare service programs, including intensive family preservation programs; (2) foster care evaluations; (3) longitudinal child welfare data bases, and studies of child welfare population dynamics; and (4) comprehensive service projects evaluations. Requires the Commission to conduct a study concerning child separation guidelines. Directs the Secretary of HHS to conduct the following research and evaluations: (1) a study (under contract with an independent research organization) to assess the prevalence and nature of risks to the safety of employees of child welfare systems; and (2) a three-year study (under contract with an organization with demonstrated appropriate experience) to examine methodologies for measuring the workloads of providers of child welfare services and community mental health services. Directs the Secretary of HHS to authorize child welfare demonstration projects concerning each of the following: (1) abandoned infants' permanent placement; (2) termination of parental rights; (3) child welfare worker training in U.S. areas that border on Mexico; (4) staff recruitment and retention; and (5) joint training for staff of child welfare, mental health, and juvenile justice agencies. Directs the Secretary of HHS to authorize demonstration projects to test the feasibility of eliminating income and resource requirements respecting foster care and adoption assistance payments. Directs the Secretary of HHS to provide technical assistance to States for: (1) interpreting and implementating parts B, C, and E; (2) disseminating information on innovative child welfare agencies; (3) correcting problems identified through Federal audits and reviews and carrying out corrective action plans under part E; (4) implementing the foster care and adoption data collection system; and (5) addressing other matters identified by such Secretary. Title VI: Miscellaneous Human Resources Amendments - Amends the AFDC program to give States the option of using retrospective budgeting without monthly reporting under AFDC. Increases the amount of stepparent income disregarded under AFDC. Amends the Family Support Act of 1988 to extend demonstration projects for evaluating model procedures for reviewing child support awards. Amends the Omnibus Budget Reconciliation Act of 1989 and the Omnibus Budget Reconciliation Act of 1990 to make technical corrections relating to human resource and income security provisions. Repeals the technical amendment made by the Omnibus Budget Reconciliation Act of 1990 with respect to the National Commission on Children. Title VII: Budget Compliance Provisions - Specifies the applicable cost estimate of this Act for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). States that the conversion by this Act of the Child Welfare program from an authorization to a capped entitlement program shall not be treated as a change in concept or definition under the Gramm-Rudman-Hollings Act.
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
Designates December 1991 as Bicentennial of the District of Columbia Month.
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 · 17 October 1991
Expresses the sense of the Congress that: (1) the International Red Cross/Red Crescent Movement should include Magen David Adom (MDA) as a legitimate national society of the Movement; (2) the Star of David should be recognized as a legitimate symbol of humanitarian concern when utilized by MDA; and (3) all other national societies of the Movement should support full MDA membership.
United States · United States Congress · 16 October 1991
Designates March 1992 as Irish-American Heritage Month.
United States · United States Congress · 15 October 1991
Commends and congratulates Aung San Suu Kyi of Burma for receiving the 1991 Nobel Peace Prize. Calls on the Speaker of the House of Representatives and the Majority Leader of the Senate to invite her to address a joint meeting of the Congress.
United States · United States Congress · 8 October 1991
Designates October 15, 1991, as Up With People Day.
United States · United States Congress · 3 October 1991
Omnibus Export Amendments Act of 1991 - Title I: Export Administration Act Amendments - Export Administration Act Amendments of 1991 - Amends the Export Administration Act of 1979 (the Act) with respect to the export of U.S. goods and technology to foreign countries. Requires the Secretary of Commerce (Secretary) to grant an export distribution license primarily on the basis of the reliability of an applicant and foreign consignees to prevent the diversion of items to an unauthorized use or consignee. (Currently, refers to "controlled countries" only). Requires the Secretary to modify each item on the control list to specify performance and other identifying characteristics of technical data subject to national security and foreign policy controls, or to export controls under the Nuclear Non-Proliferation Act of 1978. Declares that no later than December 31, 1991, no permission may be required for the export of goods or technology to, or reexport of such items from, a country which maintains export controls on such items cooperatively with the United States pursuant to the agreement with the Coordinating Committee (CoCom). Authorizes the Secretary to require permission for export or reexport of such items (including supercomputers, nuclear sensitive technology, and devices for surreptitious interception of wire or oral communications) to unreliable end users. Authorizes the Secretary to require permission to export or reexport such items pursuant to special multilateral control arrangements agreed to by CoCom, if all countries in which such items are produced agree to equivalent licensing requirements. Requires the Secretary, if he or she determines a country is noncompliant with the CoCom or other applicable control agreement, to require permission to export or reexport such items to such country, and to reexport them from that country. Declares that no permission may be required to reexport U.S. technology from a country when the technology to be reexported is incorporated in other technology, and other specified conditions are met. Requires the Secretary, with respect to the definition of "supercomputer," to establish and publish in the Federal Register a performance-based indexing system to ensure that such definition and all controls and security safeguard procedures on supercomputer exports and reexports are commensurate with technological advances. Sets forth circumstances under which such safeguards are not required. Declares it is U.S. policy that licensing treatment of controlled countries should be revised for those countries that: (1) represent a lesser strategic threat; and (2) implement an effective export control system. Requires the Secretary of State to seek agreement of CoCom to remove Poland, Hungary, Czechoslovakia, Latvia, Lithuania, and Estonia from the list of controlled countries. Requires the President to make a determination whether the Soviet Union or any successor confederation should be removed from such list. Requires all licenses for the export of goods or technology for civil end uses to be given a presumption of approval. Requires the Secretary to issue regulations implementing the agreement reached in the Coordinating Committee High Level Meeting of June 6 and 7, 1990, and May 23, 1991, relating to removal of controls, national discretion, and favorable consideration of export licenses. Directs the Secretary of State to seek the approval of CoCom with respect to the proposal that no permission be required to export computers (the export of which to China would require only notification of CoCom members) to any country. Requires the Secretary to submit to specified congressional committees a report describing the implementation of the agreement reached at the CoCom Meeting. Prohibits items from being included on both the Commodity Control List and the United States Munitions List. Subjects all mass market computer software (including encryption software) to control under this Act and not under the Arms Export Control Act. Terminates such prohibition on June 30, 1993. Requires the Secretary of State to propose to the CoCom that exports of telecommunications equipment and technology for civil end use to any country, other than a country for which no permission to export is required, require no more than notification of the CoCom. Requires the President to submit to specified congressional committees a study of the national security implications of the transfer of telecommunications equipment and technology to controlled countries under the Act. Requires the Secretary, in implementing the national discretion and favorable consideration procedures agreed to by CoCom, to: (1) consider the actions of other CoCom members in approving or denying export licenses that are subject to such procedures; and (2) seek to ensure that U.S. exports are not placed at a competitive disadvantage. Sets forth requirements with respect to the issuance or denial of a license for the export of goods and technology subject to such CoCom procedures. Declares it to be U.S. policy: (1) in considering the submission of general exception cases to CoCom, to ensure consistency in the treatment of U.S. exporters and exporters from CoCom countries, and to support democracy and economic development in Eastern Europe and the Soviet Union or any successor confederation; and (2) to provide specific guidelines to U.S. exporters with respect to goods, sectors, and end users eligible for such exceptions, and to notify such exporters of all agreements adopted by CoCom with respect to such exceptions. Requires the control list to reflect multilateral control agreements reached by CoCom. Requires the Secretary to: (1) review for removal at least once each year, all goods and technology on the control list; and (2) make such review the basis for proposed revision of the International Industrial list. Terminates, as of September 30, 1992, and as of the end of each two-year period thereafter, all national security controls on the export of goods and technology to countries other than a controlled country, unless the Secretary determines that such items would make a significant contribution to the military potential of another country and would prove detrimental to U.S. security. Requires the United States to propose a policy to CoCom for all countries. Requires the Secretary of State, no later than November 1, 1992, and not later than the end of each two-year period thereafter, to submit to CoCom a proposal to terminate such controls on controlled countries. Declares that an export control shall be considered to be unilaterally maintained by the United States if it is a restriction, condition, or interpretation imposed by the Secretary upon goods or technology, or upon a license application for the export of such items, that is not imposed in similar circumstances by other governments of CoCom. Requires the Secretary to ensure that no new unilateral controls are created. Declares that, in specified circumstances, approval shall be presumed for license for export to a country of any controlled goods, without regard to their technical specifications, for trade show purposes. Declares that any license for the export of goods or technology shall also authorize the export of operation technical data related to such items, whether or not such data is referenced in such license, if the technical level of the data does not exceed the minimum level necessary to install, repair, or use such items. Changes from discretionary to mandatory the Secretary's authority to establish indexing procedures which provide for automatic increases (instead of the currently authorized annual increases) in the performance levels of certain goods or technology subject to export licensing controls. Requires removal of goods or technology which no longer meet the performance levels increased pursuant to such procedures from the commodity control list, unless the Secretary determines that removal of controls will permit exports detrimental to U.S. national security, and reports that determination to specified congressional committees. Directs the Secretary to require technical advisory committees to recommend indexing procedures for certain goods or technology. Requires the Secretary to review, and report to the Congress on, the goods and technology available from newly industrialized countries to determine if such items are of such sophistication that they warrant multilateral export controls. Requires the Secretary of State to propose to CoCom to initiate negotiations with such countries to reach agreements with respect to the restriction of exports or to obtain their participation in CoCom if the Secretary determines that such multilateral controls are warranted. Requires the Secretary of State to submit to CoCom any U.S. proposal that would apply a final determination affecting U.S. exports to controlled countries. Makes the Secretary a member of the permanent U.S. delegation to CoCom. Requires the Secretary to terminate licensing benefits to countries that fail to maintain export restrictions comparable to those maintained by CoCom. Requires the Secretary to publish the full text of CoCom's three International Control Lists, together with all notes and understandings concerning the list agreed to by CoCom. Provides for the confidentiality of such matter if it is determined that its publication would be contrary to national or international security, or inconsistent with U.S. obligations to CoCom. Prohibits the export or sale of controlled goods or technology to countries determined to have repeatedly provided support to international terrorism. Subjects Iran, Iraq, Libya, and Syria to such prohibition for a three-year period. Authorizes the Secretary to approve license applications for the export of goods and technology to countries of concern regarding chemical and biological weapons proliferation only after consultation with the Secretary of Defense and the Secretary of State. Increases the criminal and civil penalties for violations of the national security and foreign policy export control laws of the United States. Limits civil penalties for each violation to no more than $50,000. Requires the President to apply specified economic sanctions against foreign persons who violate negotiated agreements to restrict exports for national security purposes or an export control system maintained by a controlled country that is receiving licensing benefits from CoCom because of its status as a lesser strategic threat. Includes as a sanction against foreign violators the revocation of any issued export license and the entry of an order by the Secretary denying all export privileges to such person. Declares that all goods or technology seized for violation of the export laws shall be forfeited to the United States. Makes sums for export enforcement under the Act available for undercover investigative operations for the detection and prosecution of violations of such Act by the Office of Export Enforcement of the Department of Commerce. Provides for the judicial and administrative review of specified determinations made under the Act. Opposes preferential treatment in the licensing of exports to China because of its human rights abuses. Urges the denial of permission to export goods and technology (chemical weapons and missile technology) to China unless it gives adequate assurances regarding end-use and nontransfer of such items to a country or project of concern. Prohibits the export of U.S. satellites that are intended for launch from a Chinese launch vehicle. Authorizes the President to waive this ban on a case-by-case basis. Expresses the sense of the Congress that no exports to the Soviet Union, or any successor confederation, should be made if the Soviet Union restricts the emigration of Jews. Amends the Act to authorize appropriations to the Department of Commerce for FY 1992. Extends the Act through September 30, 1992. Title II: Export Promotion - Amends the Export Enhancement Act of 1988 to increase from eight to 20 the number of missions that the Secretary may designate abroad and for which senior Commercial Service Officers will be able to use the diplomatic title of Minister-Counselor. Requires the Secretary to report to the Congress on the adequacy of the training of officers and employees of the United States and Foreign Commercial Service in areas of writing commercial reports, language skills, cultural awareness, and public speaking. Includes within the definition of "multilateral development bank" the European Bank for Reconstruction and Development. Authorizes the Commercial Service to acquire personal services by contract to assist it in trade and promotion programs and in its automation efforts. Directs the Secretary to increase the number of Commercial Service Officers in Taiwan, Japan, and Canada by three over the number assigned to each country in calendar year 1989. Revises the qualifications of participants in the Market Development Cooperator Program to include expertise in the area of methods of distribution of goods and services. Requires the Secretary to report to specified congressional committees on progress made in implementing such Program. Requires the Secretary of State, not later than May 31 of each year (currently, every January 31), to report to specified congressional committees on the economic policy and trade practices of every country the United States has as a trading partner. Requires the President to establish the Trade Promotion Coordinating Committee to streamline international trade promotion activities of the United States. Requires the Comptroller General, not later than June 30, 1992, to transmit to specified congressional committees a report that analyzes the progress of Federal and State coordination of export promotion activities. Amends the Export Administration Amendments Act of 1985 to authorize appropriations for FY 1992 to the Department of Commerce for export promotion programs. Title III: Nuclear Nonproliferation - Nuclear Proliferation Prevention Act of 1991 - Amends the Atomic Energy Act of 1954 to restrict the export of nuclear weapon items to a non-nuclear weapon state, unless: (1) such state maintains International Atomic Energy Agency (IAEA) safeguards on all its peaceful nuclear activities; and (2) the export, retransfer, or activity is under the terms of an agreement for cooperation. Prohibits the Nuclear Regulatory Commission from issuing any license for the export of highly enriched uranium. Directs the President to undertake negotiations with foreign nations which participate in the Nuclear Suppliers Group to establish specified multilateral nuclear non-proliferation controls. Sets forth sanctions for violations of this Act. Amends the Nuclear Non-Proliferation Act of 1978 to require the United States to enter into negotiations with other nations and groups of nations to improve the effectiveness of the safeguards of the IAEA. Title IV: Miscellaneous Provisions - Expresses the sense of the Congress that the Soviet Union should cease military assistance to Cuba. Requires the President to submit to the Congress an analysis of the impact on efforts to achieve peace in the Middle East of specified Palestine Liberation Organization (PLO) attacks against Israelis. Directs the Secretary of the Treasury to submit to the Congress a report on illegal activities of the PLO in the United States.
United States · United States Congress · 3 October 1991
Federal Communications Commission Engineering Sciences Qualification Act of 1991 - Amends the Communications Act of 1934 to require at least one Commissioner of the Federal Communications Commission to be skilled in the engineering sciences at the time of his or her appointment.
United States · United States Congress · 3 October 1991
El Salvador Peace, Security, and Justice Act of 1991 - Limits the amount of military assistance for El Salvador for FY 1992. Prohibits the provision of such assistance if the President reports to the appropriate congressional committees that: (1) the Salvadoran Government has rejected or ceased to support an active role for the United Nations Secretary General in mediating a permanent settlement and cease-fire to the armed conflict; (2) the Salvadoran Government has failed to negotiate in good faith to achieve a permanent settlement and cease-fire; (3) the Salvadoran Government has not acted in good faith to carry out the United Nations-brokered agreement of September 25, 1991; (4) the Salvadoran Government has failed to conduct an investigation into, and prosecution of those responsible for, the murders at the University of Central America; or (5) the Salvadoran military and security forces are engaging in violent acts against civilians, or are failing to control such activities by elements subject to their control. Provides for the resumption of such assistance pursuant to a law enacted by the Congress. Withholds 50 percent of military assistance allocated for FY 1992 and of unobligated assistance for prior fiscal years. Releases such assistance only if: (1) the Farabundo Marti Liberation Front (FMLN) has failed to negotiate in good faith for a settlement, or has rejected or ceased to support the Secretary General's role in such settlement; (2) the survival of the Salvadoran Government is being jeopardized by FMLN actions; (3) proof exists that the FMLN is continuing to acquire significant shipments of lethal military assistance from outside El Salvador; or (4) the FMLN is engaging in violent acts against civilians or is failing to control such activities by elements subject to its control. Conditions the provision of military assistance to El Salvador on the prior notification of the appropriate congressional committees. Prohibits U.S. assistance to El Salvador if the elected head of the government is deposed by military coup or decree. Provides for the resumption of such assistance pursuant to a law enacted by the Congress. Establishes the Demobilization and Transition Fund to assist in monitoring a settlement of the conflict and in demobilizing combatants in such conflict and aiding their transition to peaceful pursuits. Makes amounts in the Fund available only if the President notifies the appropriate congressional committees that a permanent settlement of the conflict has been reached. Transfers withheld military assistance to the Fund on the date of such notification or on September 30, 1992, if no notification has occurred. Authorizes the delivery of U.S. military assistance to the Salvadoran armed forces only with the prior approval of the elected president of El Salvador. Directs the Secretary of State, through agreement with the National Endowment for Democracy or other qualified organizations, to continue programs to strengthen democratic, political, and legal institutions in El Salvador. Makes available economic support fund (ESF) assistance for such program. Authorizes the Secretary to cooperate with the United Nations to implement the Human Rights Accord agreed to by the Salvadoran Government and the FMLN and to provide assistance in support of the United Nations Observer Force in El Salvador. Makes ESF assistance available for such purposes. Withholds a specified amount of military assistance for El Salvador until the President certifies to the appropriate congressional committees that the Salvadoran Government has pursued all legal avenues to investigate, bring to trial, and obtain verdicts against those responsible for the murders of certain land reformers, peasants, priests, and unionists. Repeals provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 concerning military assistance for El Salvador.
United States · United States Congress · 3 October 1991
Designates 1992 as The Year of the American Indian.
United States · United States Congress · 3 October 1991
Condemns: (1) the ongoing violence in Yugoslavia; and (2) the Yugoslav Federal Army's partisan conduct. Calls on: (1) the peoples of the Yugoslav region to reject calls for violent retribution for past injustices and to cooperate to advance the common good; and (2) such Army to cease providing assistance to the Serbian insurgents in Croatia. Urges federal and republican government leaders to: (1) guarantee the rights of minorities within their borders; (2) recognize the inadmissibility of change in borders except through negotiation and mutual consent; and (3) institute economic reform based on free market principles. Urges the President and Secretary of State to support the formation of a Conference on Security and Cooperation in Europe peacekeeping force to assist in enforcing ceasefire compliance and its deployment in Yugoslavia.
United States · United States Congress · 2 October 1991
Women in Apprenticeship Occupations and Nontraditional Occupations Act - Directs the Department of Labor (the Department) to promote an outreach program to inform employers and labor unions of the availability of technical assistance for preparing the workplace to employ women in apprenticeable occupations and other nontraditional occupations. Requires the Department to: (1) promote such program to employers through, but not limited to, the private industry councils in each service delivery area; (2) provide outreach to labor unions through, but not limited to, the building trade councils, joint apprenticeable occupations councils, and individual unions; and (3) give priority to employers in areas that have nontraditional employment and training programs specifically targeted to women. Sets forth various activities which such technical assistance provided by community-based organizations to employers and labor unions. Directs the Department to select a total of 50 employers or labor unions to receive such technical assistance. Requires each eligible community-based organization desiring to receive a competitive grant to provide such technical assistance to employers and labor unions to submit an application to the Department. Requires the Department to give priority to applications to community-based organizations that demonstrate specified types of experience and that have tradeswomen or women in nontraditional occupations as active members. Sets forth application requirements, including specified descriptions, assurances, and commitments. Directs the Department to serve as a liaison among employers, labor, and community organizations. Directs the Department to: (1) conduct a study of the participation of women in apprenticeable occupations and nontraditional occupations, examining specified topics; and (2) report to the Congress within two years on such study, with recommendations. Authorizes appropriations.
United States · United States Congress · 2 October 1991
Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces. Excludes the Commission from application of provisions of the Federal Advisory Committee Act relating to the termination of advisory committees.
United States · United States Congress · 2 October 1991
Expresses the sense of the House of Representatives that: (1) the President should make clear that the United States supports the restoration of the democratically elected government of President Aristide in Haiti; (2) all U.S. assistance to the Haitian Government should remain suspended until democratic government is restored; (3) the Haitian military should respect the human rights of the Haitian people; (4) the Organization of American States should be commended for condemning the coup and for its Santiago commitment creating a new automatic mechanism to respond to the interruption of legitimate elected government; and (5) the international community should take all appropriate action to restore democratic government in Haiti.
United States · United States Congress · 1 October 1991
Expresses the sense of the Congress that the President should: (1) recognize Ukraine's independence and take steps toward the establishment of full diplomatic relations with Ukraine should the December 1, 1991, referendum confirm the Ukrainian parliament's independence declaration; and (2) use U.S. assistance, trade, and other programs to support the Government of Ukraine and encourage the further development of democracy and a free-market.
United States · United States Congress · 25 September 1991
Authorizes claims for damages against the United States for personal injury or death of a member of the armed forces serving on active duty or on full-time National Guard duty. Provides that the personal injury or death must have arisen out of noncombatant medical or dental care furnished in a fixed medical facility operated by the United States. Offsets the amount of Government benefits for members of the armed forces or veterans for personal injury or death by the amount of any awards or judgments from such claims.
United States · United States Congress · 25 September 1991
Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 - Declares it is U.S. policy to: (1) seek multilaterally coordinated efforts with other countries to control the proliferation of chemical and biological weapons; and (2) strengthen efforts to control chemical agents, precursors, and equipment. Requires the President to use the U.S. export control laws to control the export of defense articles, defense services, goods, and technologies that he determines would assist a country in acquiring the capability to produce or use such weapons. Amends the Export Administration Act of 1979 to require the Secretary of Commerce to establish a list of goods and technology that would assist a foreign government or group in acquiring chemical or biological weapons. Requires a validated export license for the export of such items to certain countries of concern. Requires the President to impose certain sanctions against foreign persons if he determines that they knowingly contributed to the efforts of a country to acquire, use, or stockpile chemical or biological weapons. Declares such sanctions to include: (1) denial of U.S. procurement contracts for goods or services from such foreign persons; and (2) prohibition against importation of products from such persons. Authorizes the President to waive imposition of such sanctions if he determines that is in the national security interests of the United States. Amends the Arms Export Control Act to set forth similar provisions. Requires the President to make a determination with respect to whether a country has used chemical or biological weapons in violation of international law or has used lethal chemical or biological weapons against its own nationals. Authorizes specified congressional committees to request the President to make such determination with respect to the use of such weapons. Requires the President to impose the following sanctions against foreign countries that have been found to have used such weapons: (1) termination of assistance under the Foreign Assistance Act of 1961 (except humanitarian assistance and agricultural commodities); (2) termination of arms sales and arms sales financing; (3) denial of U.S. credit; and (4) prohibition of the export of certain goods and technology. Directs the President to impose at least three of the following additional sanctions unless such countries cease the use of such weapons and provide assurances that they will not use, and will allow inspections with respect to, such weapons: (1) opposition to the extension of multilateral development bank assistance; (2) prohibition of U.S. bank loans (except loans for food or agricultural commodities); (3) further export prohibitions (4) import restrictions; (5) suspension of diplomatic relations; and (6) termination of air carrier landing rights. Provides for the removal and waiver of such sanctions. Requires the President to submit to the Congress annual reports on the efforts of countries to acquire chemical or biological weapons.
United States · United States Congress · 25 September 1991
Designates the week of August 10 through August 16, 1992, as National Parents of Murdered Children Week.
United States · United States Congress · 25 September 1991
Congratulates the Government and people of Greece, and the municipal government and people of Athens, on the 2500th anniversary of the establishment of democracy in the city of Athens.
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 · 24 September 1991
Expresses the sense of the Congress that it is inappropriate for the Federal Government to take actions that have the effect of preempting the tax decisions of State governments. Protests the decision of the Secretary of Health and Human Services to prohibit Federal payments under the Medicaid program (title XIX of the Social Security Act) relating to State Medicaid expenditures that are made from revenues derived from provider-specific taxes. Urges the Secretary to drop the proposed rule implementing his decision.
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
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 · 16 September 1991
Designates the week of September 22 through 28, 1991, and September 20 through 26, 1992, as Religious Freedom Week.
United States · United States Congress · 12 September 1991
Extends nondiscriminatory treatment (most-favored-nation treatment) to the products of Estonia, Latvia, and Lithuania. Expresses the sense of the Congress that the President should take prompt action to provide preferential tariff treatment to such products under the Generalized System of Preferences.