Records whose title is actually about this topic. Use a country filter if the list is still too broad.
Records
Bill· HRH.R. 3467 (102nd)referred
United States · United States Congress · 2 October 1991
Repeals the following provisions suspended by the Ethics Reform Act of 1989: (1) provisions of the Department of Energy Organization Act regarding postemployment prohibitions and associated reporting requirements for former supervisors, and violations of such provisions considered in deciding the outcome of Department proceedings; (2) miscellaneous procurement requirements relating to private employment contacts between certain Department of Defense (DOD) procurement officials and defense contractors and certain former DOD procurement officials and the limitations on their employment by contractors; and (3) Federal criminal code provisions imposing restrictions on retired military officers in certain matters affecting the Government. Repeals certain miscellaneous procurement provisions not suspended by the Ethics Reform Act of 1989 regarding reporting requirements for employees and former employees of defense contractors and requirements on defense contractors regarding former DOD officials. Amends the Federal criminal code to provide that the terms "officer or employee" and "special Government employee" as used in conflict of interest provisions concerning the following shall include enlisted members of the armed forces: (1) compensation to Members of Congress, officers, and others in matters affecting the Government; (2) activities of officers and employees in claims against the Government; (3) restrictions on former officers, employees, and elected officials of the executive and legislative branches; (4) acts affecting a personal financial interest; (5) the making of the salary of Government officials and employees payable only by the United States; and (6) the voiding of transactions in violation of such Federal criminal code provisions enumerated above. Amends the Office of Federal Procurement Policy Act to revise provisions suspended by the Ethics Reform Act of 1989 governing the conduct of certain individuals involved in procurement-related activities to: (1) make such provisions with respect to procurement officials applicable to contract officials administering Federal agency contracts for property or services; (2) make such provisions with respect to competing contractors applicable to covered contractors performing Federal agency contracts for property or services; (3) make the prohibitions on solicitation and disclosure of any proprietary or source selection information regarding Federal agency procurement of property or services applicable in cases prior to the award, modification, or extension of a contract; (4) specify instances in which future employment contacts can be made without violating the prohibitions on such contacts if the individual receiving such a contact promptly reports it as specified; (5) deem a recusal to be approved by the head of the procuring or contracting activity of a procurement or contract official if such head fails to act on the recusal request within a certain period after if is submitted for approval; (6) permit such head to authorize such an official to re-enter the conduct of the procurement or the administration of the contract after the termination of discussions or rejection of any offers, if such head determines that such participation is essential to the successful completion of the procurement or administration of the contract and does not create a conflict of interest; (7) change the certification required to be made in order for a Federal agency to award a contract for the procurement of property or services to any competing contractor; (8) add references to a covered contractor to provisions placing restrictions on the procurement activities of former procurement officials and make such provisions applicable to the contract administration activities of former contract officials; (9) prohibit certain procurement and contract officials who performed significant functions with respect to a particular procurement or contract for a major system from knowingly accepting employment or compensation from a competing or covered contractor within a certain period after they engaged in their respective duties with respect to that procurement or contract; (10) outline additional notice requirements with respect to executive agency procurements; (11) add reporting requirements applicable to contractors awarded one or more Federal agency contracts in an aggregate amount of at least $10,000,000; (12) subject a person who knowingly fails to file such a report with the head of the agency involved to an administrative penalty; (13) redefine "during the conduct of any Federal agency procurement of property or services" as the period beginning on the date on which a contracting activity begins to prepare a procurement solicitation or (if no solicitation is prepared) takes any other action to initiate a procurement of goods or services; and (14) define "covered contractor" as any entity (including any person acting on behalf of the entity) that has entered into a prime Federal agency contract or a subcontract under a prime contract, if a contract official is substantially involved in certain activities concerning the subcontract.
Resolution· HRESH.Res. 235 (102nd)passed
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.
Bill· SS. 1789 (102nd)referred
United States · United States Congress · 1 October 1991
Deficit-Neutral Unemployment Compensation Act of 1991 - Title I: Emergency Unemployment Compensation Program - Establishes an emergency unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of emergency unemployment compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of emergency benefits equal to regular benefits. Requires a State, under such an agreement, to establish an emergency unemployment compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that the applicable limit in such account shall be equal to: (1) ten weeks during a five-percent period (triggered if the adjusted rate of insured unemployment for such week and the immediately preceding 12 weeks is at least five percent); and (2) six weeks for any other period. Sets forth special rules relating to such applicable limits. Requires reduction in such account by the amount of extended benefits received by the individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. Sets the weekly benefit amount at the amount of regular compensation (including dependents' allowances) payable under the State law to the individual for such week for total unemployment. Provides for determination of periods and applicable triggers. Provides for a minimum period. Provides, in general, that no emergency unemployment compensation shall be payable to any individual under this Act for any week beginning: (1) before the later of October 1, 1991, or the first week following the week in which an agreement under this Act is entered into; or (2) after June 30, 1992. Sets forth transition and reachback provisions for the eligibility of certain individuals for such benefits, as exceptions to such general rule. Provides for payments to States having such agreements for emergency unemployment compensation. Sets forth financing provisions. Requires that funds in the extended unemployment compensation account of the Unemployment Trust Fund be used to make payments to States having agreements under this Act. Authorizes appropriations to the extended unemployment compensation account of sums necessary to pay emergency unemployment compensation payable: (1) under specified provisions for former members of the armed forces; and (2) on the basis of certain services performed for nonprofit organizations or governmental entities, to which certain Internal Revenue Code provisions relating to State unemployment compensation law apply. Sets forth provisions relating to fraud and overpayments. Defines the individual eligibility period under this Act. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the armed forces. Reduces the length of required active duty by reserves for purposes for such payment, if the reservist served on active duty in the Persian Gulf area of operations in connection with Operation Desert Storm. Title II: Collection of Nontax Debts - Amends the Deficit Reduction Act of 1984 to provide for permanent extension of provisions relating to collection of nontax debts owed to Federal agencies. Title III: Guaranteed Student Loans - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to revise provisions relating to the Stafford student loan program (including guaranteed student loans and federally-insured student loans). Requires, in the case of such student loan applicants over age 21, that the lender: (1) obtain a credit report; and (2) require a cosigner for such applicants who have adverse credit histories. Allows the lender to charge such applicants for the actual cost of such credit reports, up to $25. Requires the lender to obtain the borrower's driver's license number, if any, at the time of application for such a student loan. Directs eligible institutions to require borrowers of any student loan under HEA to supply the following exit interview information: (1) their expected permanent address after leaving the institution; (2) the name and address of their expected employer; and (3) the name and address of their next of kin. Requires student loan interest-subsidy insurance program agreements to require the lender to obtain the borrower's authorization for entry of judgment against the borrower in the event of default. Provides for wage garnishment for student loan collection. Authorizes a guaranty agency, or the Secretary where appropriate, to garnish the disposable pay of an individual to collect the amount owed or the required repayment, subject to certain conditions. Provides for data matching. Authorizes the Secretary of Education to obtain from Federal agencies specified information relating to an individual for student loan collection purposes. Title IV: Electromagnetic Spectrum Function - Emerging Telecommunications Technologies Act of 1991 - Requires the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC) to conduct biannual joint electromagnetic spectrum planning meetings with respect to: (1) future spectrum needs and the allocation actions to accommodate those needs; and (2) actions to promote the efficient use of the spectrum. Requires an open process and joint annual reports to the President. Directs the Secretary to submit reports to the President that identify frequency bands that: (1) are allocated on a primary basis for Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future Government needs; (3) can be made available for use under the Act for non-Government users; (4) are likely to have significant value for such users; and (5) will not result in excessive costs to the Government. Sets forth criteria for identifying, and recommending for reassignment or sharing, such frequency bands. Requires such reports to make an initial identification of 50MHz of spectrum for immediate reallocation and distribution by the FCC pursuant to competitive bidding procedures, and preliminary and final identifications of additional reallocable frequency bands. Directs the Secretary to convene a private sector advisory committee to: (1) review frequency bands identified in the preliminary report; (2) advise the Secretary with respect to those bands which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit to the Secretary and specified congressional committees a report on recommendations for the reform of allocating the spectrum between Government and non-Government users. Directs the President to: (1) withdraw or limit the assignment to a Government station of any frequency recommended in the initial identification report for reallocation; (2) withdraw or limit the assignment to a Government station of any frequency recommended in the final report for reallocation or mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of such actions taken. Authorizes the President to substitute alternative frequencies in the interests of national security, important Government needs, public health or safety, or Federal financial considerations. Provides that any Government licensee, or non-Government entity operating on behalf of a Government licensee, that is displaced from a frequency pursuant to this Act may be reimbursed not more than the incremental costs it incurs, in such amounts as provided in advance in appropriation Acts, that are directly attributable to the loss of the use of the frequency pursuant to this Act. Authorizes appropriations to affected licensee agencies to cover such costs. Directs the FCC to form a plan to assign the spectrum identified in the initial report pursuant to competitive bidding procedures during FY 1994 through 1996. Directs the FCC to submit to the President a plan for the distribution of the remaining reallocated frequency bands. Authorizes the President to reclaim reallocated frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Amends the Act to require the FCC to use competitive bidding for awarding all initial licenses and new construction permits, subject to specified exclusions. Outlines criteria for awarding licenses and permits under competitive bidding procedures. Prohibits licensing by lottery when competitive bidding is required. Title V: Dislocated Workers - Directs the Secretary of Labor to establish for eligible dislocated workers: (1) a program of readjustment allowances; (2) a program for job training and related services substantially similar to the program under specified provisions of the Job Training Partnership Act (JTPA); and (3) a program for job search and relocation allowances substantially similar to the program under specified JTPA provisions. Authorizes appropriations to the Department of Labor to carry out such programs, for each of FY 1993 through 1995, in an amount equal to the revenues raised in such fiscal year by the provisions of and amendments made by titles II, III, and IV of this Act which are in excess of the expenditures made in such fiscal year under title I of this Act. Directs the Secretary of Labor to give special consideration to providing services to dislocated workers in the timber industry in the State of Washington, in determining specified programs and activities to be funded under JTPA in FY 1991 and 1992. Directs the Secretary of Labor to submit a comprehensive report to the Congress on the feasibility and utility of using a total unemployment rate versus an insured unemployment rate, adjusted to include those claimants who have exhausted their benefits, for purposes of triggering extended benefits and, if appropriate, revising the foregoing measures of unemployment to include seasonal adjustments. Title VI: Deficit Reduction Requirement - Sets forth the congressional funding that provisions contained in titles I through V of this Act would lead to a reduction in the deficit. Declares that the Congress designates all direct spending amounts (both increases and decreases) provided by such titles (for all fiscal years) as emergency requirements under specified provisions of the Balance Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires, as a condition for any provisions of this Act to take effect, that the President: (1) make a determination and notify the Congress that this Act would reduce the deficit cumulatively for FY 1991 through 1996; and (2) submits a written designation of all direct spending amounts (both increases and decreases provided by titles I through V of this Act (for all fiscal years)) as emergency requirements under such specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985.
Bill· SS. 1791 (102nd)referred
United States · United States Congress · 1 October 1991
Deficit-Neutral Unemployment Compensation Act of 1991 - Title I: Emergency Unemployment Compensation Program - Establishes an emergency unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of emergency unemployment compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of emergency benefits equal to regular benefits. Requires a State, under such an agreement, to establish an emergency unemployment compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that the applicable limit in such account shall be equal to: (1) ten weeks during a five-percent period (triggered if the adjusted rate of insured unemployment for such week and the immediately preceding 12 weeks is at least five percent); and (2) six weeks for any other period. Sets forth special rules relating to such applicable limits. Requires reduction in such account by the amount of extended benefits received by the individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. Sets the weekly benefit amount at the amount of regular compensation (including dependents' allowances) payable under the State law to the individual for such week for total unemployment. Provides for determination of periods and applicable triggers. Provides for a minimum period. Provides, in general, that no emergency unemployment compensation shall be payable to any individual under this Act for any week beginning: (1) before the later of October 1, 1991, or the first week following the week in which an agreement under this Act is entered into; or (2) after June 30, 1992. Sets forth transition and reachback provisions for the eligibility of certain individuals for such benefits, as exceptions to such general rule. Provides for payments to States having such agreements for emergency unemployment compensation. Sets forth financing provisions. Requires that funds in the extended unemployment compensation account of the Unemployment Trust Fund be used to make payments to States having agreements under this Act. Authorizes appropriations to the extended unemployment compensation account of sums necessary to pay emergency unemployment compensation payable: (1) under specified provisions for former members of the armed forces; and (2) on the basis of certain services performed for nonprofit organizations or governmental entities, to which certain Internal Revenue Code provisions relating to State unemployment compensation law apply. Sets forth provisions relating to fraud and overpayments. Defines the individual eligibility period under this Act. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the armed forces. Reduces the length of required active duty by reserves for purposes for such payment, if the reservist served on active duty in the Persian Gulf area of operations in connection with Operation Desert Storm. Title II: Collection of Nontax Debts - Amends the Deficit Reduction Act of 1984 to provide for permanent extension of provisions relating to collection of nontax debts owed to Federal agencies. Title III: Guaranteed Student Loans - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to revise provisions relating to the Stafford student loan program (including guaranteed student loans and federally-insured student loans). Requires, in the case of such student loan applicants over age 21, that the lender: (1) obtain a credit report; and (2) require a cosigner for such applicants who have adverse credit histories. Allows the lender to charge such applicants for the actual cost of such credit reports, up to $25. Requires the lender to obtain the borrower's driver's license number, if any, at the time of application for such a student loan. Directs eligible institutions to require borrowers of any student loan under HEA to supply the following exit interview information: (1) their expected permanent address after leaving the institution; (2) the name and address of their expected employer; and (3) the name and address of their next of kin. Requires student loan interest-subsidy insurance program agreements to require the lender to obtain the borrower's authorization for entry of judgment against the borrower in the event of default. Provides for wage garnishment for student loan collection. Authorizes a guaranty agency, or the Secretary where appropriate, to garnish the disposable pay of an individual to collect the amount owed or the required repayment, subject to certain conditions. Provides for data matching. Authorizes the Secretary of Education to obtain from Federal agencies specified information relating to an individual for student loan collection purposes. Title IV: Electromagnetic Spectrum Function - Emerging Telecommunications Technologies Act of 1991 - Requires the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC) to conduct biannual joint electromagnetic spectrum planning meetings with respect to: (1) future spectrum needs and the allocation actions to accommodate those needs; and (2) actions to promote the efficient use of the spectrum. Requires an open process and joint annual reports to the President. Directs the Secretary to submit reports to the President that identify frequency bands that: (1) are allocated on a primary basis for Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future Government needs; (3) can be made available for use under the Act for non-Government users; (4) are likely to have significant value for such users; and (5) will not result in excessive costs to the Government. Sets forth criteria for identifying, and recommending for reassignment or sharing, such frequency bands. Requires such reports to make an initial identification of 50MHz of spectrum for immediate reallocation and distribution by the FCC pursuant to competitive bidding procedures, and preliminary and final identifications of additional reallocable frequency bands. Directs the Secretary to convene a private sector advisory committee to: (1) review frequency bands identified in the preliminary report; (2) advise the Secretary with respect to those bands which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit to the Secretary and specified congressional committees a report on recommendations for the reform of allocating the spectrum between Government and non-Government users. Directs the President to: (1) withdraw or limit the assignment to a Government station of any frequency recommended in the initial identification report for reallocation; (2) withdraw or limit the assignment to a Government station of any frequency recommended in the final report for reallocation or mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of such actions taken. Authorizes the President to substitute alternative frequencies in the interests of national security, important Government needs, public health or safety, or Federal financial considerations. Provides that any Government licensee, or non-Government entity operating on behalf of a Government licensee, that is displaced from a frequency pursuant to this Act may be reimbursed not more than the incremental costs it incurs, in such amounts as provided in advance in appropriation Acts, that are directly attributable to the loss of the use of the frequency pursuant to this Act. Authorizes appropriations to affected licensee agencies to cover such costs. Directs the FCC to form a plan to assign the spectrum identified in the initial report pursuant to competitive bidding procedures during FY 1994 through 1996. Directs the FCC to submit to the President a plan for the distribution of the remaining reallocated frequency bands. Authorizes the President to reclaim reallocated frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Amends the Act to require the FCC to use competitive bidding for awarding all initial licenses and new construction permits, subject to specified exclusions. Outlines criteria for awarding licenses and permits under competitive bidding procedures. Prohibits licensing by lottery when competitive bidding is required. Title V: Dislocated Workers - Directs the Secretary of Labor to establish for eligible dislocated workers: (1) a program of readjustment allowances; (2) a program for job training and related services substantially similar to the program under specified provisions of the Job Training Partnership Act (JTPA); and (3) a program for job search and relocation allowances substantially similar to the program under specified JTPA provisions. Authorizes appropriations to the Department of Labor to carry out such programs, for each of FY 1993 through 1995, in an amount equal to the revenues raised in such fiscal year by the provisions of and amendments made by titles II, III, and IV of this Act which are in excess of the expenditures made in such fiscal year under title I of this Act. Directs the Secretary of Labor to give special consideration to providing services to dislocated workers in the timber industry in the State of Washington, in determining specified programs and activities to be funded under JTPA in FY 1991 and 1992. Directs the Secretary of Labor to submit a comprehensive report to the Congress on the feasibility and utility of using a total unemployment rate versus an insured unemployment rate, adjusted to include those claimants who have exhausted their benefits, for purposes of triggering extended benefits and, if appropriate, revising the foregoing measures of unemployment to include seasonal adjustments.
Resolution· SRESS.Res. 186 (102nd)passed
United States · United States Congress · 1 October 1991
Expresses the sense of the Senate 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.
Resolution· SCONRESS.Con.Res. 66 (102nd)referred
United States · United States Congress · 1 October 1991
Expresses the sense of the Congress that any funds determined to be unnecessary for the defense of the United States should be applied directly to the economic defense of the American people by reducing the Federal budget deficit.
Bill· HRH.R. 3446 (102nd)referred
United States · United States Congress · 1 October 1991
National Security Education Act of 1991 - Amends the National Security Act of 1947 (the Act) to add a new title VIII, National Security Scholarships, Fellowships, and Grants. Directs the National Security Education Board (the Board, established by this Act) to conduct a program of: (1) scholarships to undergraduate students for study abroad for at least one semester in a Board-identified critical country; (2) fellowships to graduate students for graduate study in the United States in Board-determined critical areas of the disciplines of international studies, area studies, and foreign languages (in exchange for work for the Federal Government or in the education field in such study area); and (3) grants to institutions of higher education to establish, operate, and improve programs in Board-determined critical areas of the disciplines of international studies, area studies, and foreign languages. Limits such scholarships and fellowships to U.S. citizens or resident aliens. Sets forth requirements for individual fellowship agreements. Directs the Board to: (1) develop criteria for awarding such scholarships, fellowships, and grants; (2) provide for the wide disbursement of information on activities assisted under this Act; (3) consider providing an equitable geographic distribution of such awards; (4) use a merit review process in making them; and (5) adjust the amount of such awards annually for inflation. Directs the Secretary of Defense to establish the National Security Education Board. Requires the following or their representatives to be members of the Board: (1) the Secretaries of Defense (chairperson), of Education, of State, and of Commerce; (2) the Directors of the Central Intelligence and the U.S. Information Agencies; and (3) four appointees of the President, with Senate advice and consent, who have expertise in the fields of international, language, and area studies education. Directs the Board to: (1) establish qualifications for students and institutions desiring such scholarships, fellowships, and grants; and (2) review administration of the program assisted under this Act. Directs the Board to identify as critical: (1) (for undergraduate scholarships) countries not emphasized in other U.S. study abroad programs, such as countries where few U.S. students are studying; (2) (for graduate fellowships) areas of study within the named disciplines which the Board determines U.S. students are deficient in learning; and (3) (for institutional program grants) areas of study within the named disciplines in which U.S. students, educators, and government employees are deficient in learning and in which insubstantial numbers of U.S. institutions of higher education provide training. Establishes in the Treasury the National Education Trust Fund (the Fund) to provide for such scholarships, fellowships, and grants, from the Fund's account by the Board. Requires the Board to report annually to the President and the Congress on its operations. Provides for an Executive Secretary of the Board. Authorizes the General Accounting Office to audit Board activities.
Bill· HRH.R. 3451 (102nd)referred
United States · United States Congress · 1 October 1991
Freedom of Speech on Campus Act of 1991 - Expresses the sense of the Congress that students attending universities or other institutions of higher education that receive Federal funds should be able to exercise full rights to freedom of speech on campus free from official intrusion. Amends the Education Amendments of 1972 to prohibit discrimination by an institution of higher education against a student based on protected speech in any education program or activity receiving Federal financial assistance under the Higher Education Act of 1965. Makes such prohibition inapplicable to religious or military institutions. Provides that such prohibition shall not be construed to prevent: (1) imposition of an official sanction on a student determined to have willfully participated in the disruption or attempted disruption of a lecture, class, speech, presentation, or performance made or scheduled to be made under the auspices of the institution of higher education; or (2) actions by such institution that are necessary to ensure the safety of individuals, protection of property, and continuation of the academic and administrative process without interference.
Bill· HRH.R. 3459 (102nd)referred
United States · United States Congress · 1 October 1991
Improvement of Information Access Act of 1991 - Amends the Freedom of Information Act to direct each executive department, military department, and independent establishment to: (1) make available to the public upon request a report which describes its information dissemination policies and practices; (2) notify the users of its information of: (a) the availability of such report; and (b) a period for the submission of public comments regarding its information dissemination policies and practices; (3) before discontinuing an information product or service to: (a) notify the users of its information of a period for submission of public comments regarding that discontinuation; (b) include in that notice an explanation of the reasons for the discontinuation; and (c) consider comments received pursuant to the notice; (4) disseminate information in useful modes and through appropriate outlets, with adequate resources to permit and broaden public access; (5) store and disseminate information products and services in standardized record formats; and (6) use depository libraries, national computer networks, and other distribution channels that improve public access to Government information. Prohibits an agency, except as specifically authorized by statute, from charging: (1) more than the incremental cost of disseminating an information product or service; or (2) any royalty or other fee for any use or redissemination of Government information. Directs the Archivist of the United States and the Director of the National Institute of Standards and Technology to jointly issue and periodically revise model performance standards under which agencies shall be encouraged to provide access to public records.
Resolution· HRESH.Res. 232 (102nd)passed
United States · United States Congress · 1 October 1991
Waives all points of order against consideration of the conference report on H.R. 2508 (foreign assistance authorization).
Resolution· HRESH.Res. 233 (102nd)referred
United States · United States Congress · 1 October 1991
Expresses the sense of the House of Representatives that: (1) the Congress and the President should reexamine and reduce the defense budget based on changing national security needs in the post-Cold War era; and (2) savings should be used to reduce the Federal budget deficit.
Resolution· HRESH.Res. 231 (102nd)passed
United States · United States Congress · 1 October 1991
Sets forth the rule for the consideration of H.R. 3039 (reauthorization of the Defense Production Act of 1950).
Law· SS. 1773 (102nd)enacted
United States · United States Congress · 30 September 1991
Amends the Department of Defense Appropriations Act, 1991 to extend from September 30, 1991, through October 31, 1991, Indian tribal criminal misdemeanor jurisdiction over nonmember Indians.
Bill· SS. 1774 (102nd)referred
United States · United States Congress · 30 September 1991
Directs the Secretary of the Treasury to design and strike a silver commemorative medal for members of the U.S. armed forces who serve in a combat zone in connection with the Persian Gulf conflict.
Bill· HRH.R. 3428 (102nd)open
United States · United States Congress · 26 September 1991
International Development, Trade, and Finance Act of 1991 - Title I: International Monetary Fund - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Monetary Fund (IMF) to: (1) consent to an increase in the U.S. quota in the IMF; and (2) accept the amendments to the Articles of Agreement of the IMF proposed in resolution 45-3 of the IMF's Board of Governors. Authorizes the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to approve the IMF's pledge to sell a specified amount of the IMF's gold to restore the resources of the Reserve Account of the Enhanced Structural Adjustment Facility Trust to meet obligations to lenders who have made loans to the Trust for financing programs of members who are in arrears to the IMF. Expresses the sense of the Congress that: (1) encouragement should be given to the efforts being made to address the political and economic problems of nations making the transition to more open political and economic systems; and (2) consideration should be given to developing relationships between such nations, the IMF, the International Bank for Reconstruction and Development, and other international financial institutions as part of assisting such nations in making such transitions. Requires the Secretary to instruct the U.S. Executive Director of the IMF to encourage the IMF to adopt procedures for the publication of economic reviews of the major industrialized nations and other commentary, as appropriate. Expresses the sense of the Congress that procedures should be instituted to review the activities of the IMF and the International Bank for Reconstruction and Development for purposes of coordinating the international economic activities of international financial institutions at the Board, management, and staff levels. Directs the Secretary to instruct the U.S. Executive Director of the IMF to: (1) advocate specified actions concerning poverty alleviation and policy framework papers; and (2) urge renewal of debt and debt service reduction programs. Requires the Secretary to report to the Congress on the debt of the Soviet Union held by commercial banks outside the Soviet Union and the prospects for repayment of such debt. Directs the Secretary to instruct the U.S. Executive Director of the IMF to encourage environmental considerations in IMF programs. Requires the Secretary to instruct the U.S. Executive Director of the IMF to support the development of programs that recognize the importance of social issues, including certain actions concerning child survival and basic education issues. Directs the Secretary, in the annual report of the National Advisory Council on International Monetary and Financial Policies, to report on: (1) the progress made by the Director in implementing such programs; and (2) any votes cast in opposition to such programs. Requires the Secretary to instruct the U.S. Executive Directors of the IMF and the International Bank for Reconstruction and Development to obtain a joint determination from the Bank and the IMF, with respect to any proposed loan to a member nation, as to whether the nation is engaged in arms and weapons expenditures that: (1) are excessive to its national circumstances; or (2) constitute an impediment to sound management of its economy and achievement of sustained long-term growth. Directs the Secretary to instruct the Directors to: (1) oppose loans to any nation determined to be engaged in excessive weapons expenditures, unless the nation makes a commitment to reducing its weapons expenditures; and (2) report to the Secretary on any loan the United States supports to a country determined to be engaged in excessive weapons expenditures. Title II: International Bank for Reconstruction and Development and Affiliates - Subtitle A: International Finance Corporation - Amends the International Finance Corporation Act to authorize the U.S. Governor of the International Finance Corporation to subscribe to additional shares of the Corporation's capital stock. Authorizes appropriations. Subtitle B: International Bank for Reconstruction and Development - Amends the Bretton Woods Agreements Act to require the Secretary of the Treasury to instruct the U.S. Executive Director of the International Bank for Reconstruction and Development to advocate specified measures to alleviate poverty. Expresses the sense of the Congress that the Bank and the International Development Association should: (1) give greater programmatic and budgetary priority to the survival and development of children; and (2) make a commitment to devoting at least five percent of the annual lending of such entities to primary health and basic education, respectively. Directs the Secretary to instruct the U.S. Executive Director of the Bank to urge: (1) renewal of debt and debt service reduction programs; (2) the establishment of a program to provide technical assistance to the Baltic States and the Soviet Union in support of democratic reforms, human rights, the rule of law, and market-oriented reforms; and (3) the coordination of such program with the programs of other donors. Subtitle C: Financial Assistance for Global Environmental Protection - Global Environmental Protection Assistance Act of 1991- Authorizes the Secretary to contribute a specified amount to the Global Environmental Facility of the International Bank for Reconstruction and Development if the Secretary has certified to specified congressional committees that the Facility has made progress toward implementing certain measures set forth in this Act. Authorizes appropriations. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to report to the House Committee on Banking, Finance and Urban Affairs and the Senate Foreign Relations Committee on the progress made by the multilateral development banks in achieving objectives concerning debt-for-nature exchanges and lending for the environment. Title III: Enterprise for the Americas Initiative - Declares that it is the purpose of this title to support improvement in the lives of the people of Latin America and the Caribbean and economic growth through initiatives to promote debt reduction, investment reforms, trade liberalization, and community-based conservation and sustainable use of the environment. Subtitle A: Provisions Relating to the Enterprise for the Americas Investment Fund at the Inter-American Development Bank - Amends the Inter-American Development Bank Act to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the Inter-American Development Bank to seek the establishment of a fund that meets the requirements of this title. Authorizes the Secretary to seek contributions to the fund from other countries. Sets forth as the requirements for this title that: (1) the U.S. Government and the President of the Bank have concluded an agreement that establishes and sets forth conditions for the use of an Enterprise for the Americas Investment Fund at the Bank; (2) at least three different governments have made a commitment to donate to the Fund; (3) substantial amounts are pledged as contributions to the Fund; and (4) the Secretary has transmitted a copy of the agreement to the chairman of the House Committee on Banking, Finance and Urban Affairs and the President of the Senate. Authorizes the Secretary to contribute to the Fund if such requirements are met. Authorizes appropriations. Directs the Secretary, if a Fund is established, to instruct the U.S. Executive Director of the Bank to oppose any proposed action of the Fund that would have a significant adverse environmental impact unless an impact assessment has been available for at least 120 days before the vote. Subtitle B: Enterprise for the Americas Facility - Establishes in the Department of the Treasury the Enterprise for the Americas Facility to administer debt reduction operations for countries that meet investment reforms and other policy conditions. Makes eligible for Facility benefits Latin American or Caribbean countries that: (1) have in effect, received approval for, or are making progress toward, specified IMF arrangements and structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association; (2) have put in place major investment reforms in conjunction with an Inter-American Development Bank loan or are implementing or making progress toward an open investment regime; and (3) have agreed with commercial bank lenders on a financing program for debt or debt service reduction. Subtitle C: Sales, Reductions, or Cancellations of Loans - Authorizes the President to: (1) sell to any eligible purchaser any loan made to an eligible country before 1991 pursuant to the Export-Import Bank Act of 1945; and (2) reduce or cancel such loan on receipt of payment from an eligible purchaser only for purposes of facilitating debt-for-equity, debt-for-development, or debt-for-nature swaps. Authorizes appropriations. Subtitle D: Reports and Consultations - Sets forth reporting and congressional consultation requirements for the President with respect to the Enterprise for the Americas Facility. Title IV: Asian Development Bank - Amends the Asian Development Bank Act to authorize the U.S. Governor of the Asian Development Bank to subscribe to additional shares of the Bank's capital stock. Authorizes appropriations. Title V: African Development Fund - Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute a specified amount to the sixth replenishment of the Fund. Authorizes appropriations. Title VI: Export-Import Bank - Amends the Export-Import Bank Act of 1945 to repeal a provision concerning limitations on financing for exports to the Soviet Union. Directs the Export-Import Bank to: (1) develop a program for providing guarantees and insurance with respect to the export of high technology items to SEED program countries (defined under the Support for East European Democracy (SEED) Act of 1989); and (2) inform high technology companies about Bank programs for U.S. companies interested in exporting high technology goods to such countries. Earmarks funding for such programs. Directs the Bank to report to the Congress on the demand for loans, guarantees, and insurance for trade between the United States and the Baltic States and the Soviet Union and to make recommendations for the promotion of trade between the United States and such countries. Prohibits the Bank from guaranteeing, insuring, or participating in an extension of credit in connection with any credit sale of defense articles or services to foreign countries (currently, countries designated under a section of the Internal Revenue Code as economically less developed countries). Exempts from such prohibition articles or services sold on or before September 30, 1994, that will be used only for antinarcotics purposes. Applies such exemption with respect to sales to a country that has previously obtained defense articles or services from a U.S. person only if the President determines that the country: (1) has complied with all U.S. restrictions on the end use of such articles and services; and (2) has not used such articles and services to engage in a consistent pattern of human rights violations. Requires the Comptroller General to study and report to the House Committee on Banking, Finance and Urban Affairs and the Senate Committee on Banking, Housing, and Urban Affairs on the Bank's participation in financing such sales. Expresses the sense of the Congress that the President should make the determination that Estonia, Latvia, and Lithuania have ceased to be Marxist-Leninist countries for purposes of waiving restrictions on Bank aid to such countries. Title VII: Multilateral Development Banks - Subtitle A: Energy Efficiency - International Energy Efficiency Financing Act of 1991 - Amends the International Financial Institutions Act to require the Secretary of the Treasury to instruct the U.S. Executive Directors of the multilateral development banks to: (1) demonstrate programs for measuring the application of systems energy efficiency planning and techniques; and (2) advocate procedures that require assessments of the impacts of proposed actions that would have a significant impact on energy efficiency before votes in favor of such actions. Directs the Secretary to seek the adoption of policies which result in access to the public of energy efficiency assessments by the borrowing countries and the lending institutions. Subtitle B: Alleviation of Poverty, Reduction of Barriers to Economic and Social Progress, and Other Provisions - Requires the Secretary to instruct the U.S. Executive Directors of the regional multilateral development banks to advocate the establishment of an organizational unit to aid bank management policies for the reduction of poverty and of barriers to economic and social progress and equity. Directs the Secretary to instruct the U.S. Executive Directors of the international financial institutions to: (1) encourage borrowing countries to involve women in development activities and to develop fair labor practices guidelines for such countries; (2) urge such institutions to reflect the diversity of the population in hiring practices and to strengthen and expand recruitment, hiring, and promotion of minorities and women; and (3) urge such institutions to adopt compensation policies to ensure that comparable pay is provided for people in comparable jobs. Requires the Secretary to instruct the U.S. Executive Directors of the multilateral development banks to oppose any loan, except for basic human needs, to Ethiopia, Somalia, or Sudan until the President certifies to the Senate Foreign Relations Committee and the House Committees on Banking, Finance and Urban Affairs and Foreign Affairs, respectively, that the government of the country has: (1) begun to implement peace or national reconciliation agreements; (2) demonstrated a commitment to human rights; (3) manifested a commitment to democracy and has held or scheduled free and fair elections; and (4) agreed to distribute development assistance without discrimination. Directs the Secretary to instruct the U.S. Executive Directors of the IMF and specified multilateral lending institutions to support membership of the Soviet Union in such institutions after the President certifies that the Soviet Union is implementing specified economic and political reforms and terminating military assistance to repressive regimes or nations which support terrorism. Subtitle C: Financial Integrity - Requires the Secretary to instruct the U.S. Executive Directors of the international financial institutions to ensure the establishment of offices of Inspectors General in such institutions. Title VIII: Consolidation of Reports - Requires annual reports submitted by the Chairman of the National Advisory Council on International Monetary and Financial Policies to include summaries of reports required under the Bretton Woods Agreements Act.
Bill· HRH.R. 3427 (102nd)referred
United States · United States Congress · 26 September 1991
Defense Manufacturing and Critical Technologies Act of 1991 - Directs the Secretary of Defense to conduct a program providing for the establishment of cooperative arrangements (partnerships) between the Department of Defense (DOD) and certain entities in order to encourage and provide for R&D of dual-use critical technologies (technologies having both military and nonmilitary commercial applications). Allows such entities (at least two participating jointly with DOD) to include one or more Federal laboratories, institutions of higher education, State governmental agencies, and other appropriate participants, as determined by the Secretary. Requires the joint participants to have a lead institution other than DOD to direct the activities of the partnership. Requires the non-DOD participants to contribute at least 50 percent of the total cost of the partnership activities. Provides for the protection of information disclosed concerning the R&D activities of the participants. Requires the Secretary to evaluate proposals for partnerships on a merit basis using a competitive selection process. Outlines selection criteria. Directs the Secretary, in consultation and coordination with the Secretary of Commerce, to conduct a program to provide assistance for the activities of eligible regional critical technology application centers (centers) in the United States. Outlines provisions concerning eligible centers, program participants, and assistance authorized, including financial and technical assistance for authorized center activities. Limits such assistance period to six years. Requires: (1) the sponsoring agency of a center to pay at least 30 percent of the total costs incurred for center activities; and (2) the eligible firms participating in a center to pay at least 40 percent of such costs. Requires a center to operate under a management plan that requires participating firms to have the primary responsibility for directing the activities of the center and to exercise such responsibility through majority voting membership of such firms on the board of directors of the center. Outlines provisions concerning program administration as well as selection criteria for centers receiving such assistance. Establishes within the Office of the Director of Defense Research and Engineering the Clearinghouse of Foreign Defense Technology Monitoring and Assessment (Clearinghouse) to: (1) maintain within DOD a central library for the compilation and dissemination of information and assessments regarding significant foreign activities in the R&D and applications of defense critical technologies; (2) establish and maintain data bases on such information and assessments; (3) perform certain liaison activities; (4) provide for public availability of such information and assessments; and (5) cooperate with the Department of Commerce in the dissemination of information and assessments regarding defense critical technologies having potential commercial uses. Directs the Secretary to establish a foreign critical technology monitoring and assessment grant program for the awarding of grants to participating organizations for the establishment of foreign critical technology monitoring and assessment offices in Europe, Pacific Ocean border foreign countries, and other countries as considered appropriate by the Secretary. Makes eligible for such grants any nonprofit industrial or professional organization that has economic and scientific interests in R&D and applications of commercial critical technologies. Requires each grantee to collect, evaluate, and disseminate to its organization and to the Departments of Defense and Commerce assessments of significant activities in R&D and applications of critical technologies that are conducted in the geographic area in which the office is located. Provides funding for FY 1992 and 1993 for critical technology programs and activities. Directs the Secretary to submit to the Congress at least biennially a multiyear strategic road map for each critical technology. Requires each road map to: (1) cover at least four fiscal years; (2) provide an assessment of current strengths and weaknesses in the national capability to develop and apply the technologies covered in the road map, and the sources of such strengths and weaknesses which enhance or hinder the development and application of such technologies; (3) ensure that results of federally-funded and conducted R&D of national critical technologies covered by the road map are appropriately disseminated to U.S. industry; and (4) include a discussion of the achievements of the activities conducted pursuant to the road map. Requires the Director of the Office of Science and Technology Policy to establish one or more national critical technologies advisory committees. Directs the President to establish a schedule for the submission of such road maps at regular intervals between the enactment of this Act and October 1, 1996. Authorizes the Secretary to enter into cooperative arrangements (partnerships) with certain entities to encourage and provide for R&D of advanced manufacturing technologies with the potential for having a broad range of applications. Requires each partnership to be composed of participants from two or more eligible firms. Allows the inclusion of one or more Federal laboratories, institutions of higher education, State entities, and other participants as deemed appropriate by the Secretary. Outlines provisions concerning program administration and participant selection criteria. Requires the Secretary to establish three or more partnerships within one year after the enactment of this Act. Provides FY 1992 and 1993 funding for such partnerships. Directs the Secretary to establish a program: (1) to support manufacturing extension programs of States, local governments, and private, non-profit organizations; (2) to promote the development of a broad range of such extension programs, including programs that provide for productivity and quality improvement activities; and (3) to increase the involvement of appropriate segments of the private sector in such programs. Establishes a Council on Manufacturing Extension to: (1) prescribe policies and procedures for the implementation of the program; (2) serve as a means for coordinating such program with related programs conducted by various Federal departments and agencies; and (3) develop a long-range strategic plan for the manufacturing extension activities of the Federal Government. Outlines application procedures for persons wishing to receive financial assistance for participation in the program, as well as criteria for choosing program participants. Limits the amount of financial assistance awarded to 50 percent of the cost of the program for the period in which the assistance is provided. Provides such assistance for at least five years, unless it is terminated earlier for good cause as determined by the Secretary. Allows a program participant to reapply after a terminated period of assistance. Provides FY 1992 and 1993 funding for such program. Directs the Secretary, in consultation with the Directors of the National Science Foundation (NSC) and the Office of Science and Technology Policy (OSTP), to establish a program for making grants to institutions of higher education to support the: (1) enhancement of existing programs in manufacturing engineering education that are conducted by grantee institutions and meet specified requirements; and (2) establishment of new programs in manufacturing engineering education that meet such requirements. Requires at least one-third of the grants to be awarded for the latter purpose. Directs the Secretary to avoid geographical concentration of such awards. Directs the Secretary and the Director of NSC to enter into an agreement for carrying out the grant program. Outlines grant program requirements. Directs the Secretary to solicit from institutions of higher education proposals for grants to be awarded for the support of programs of manufacturing engineering education. Requires applications to be evaluated on a merit basis under competitive procedures. Outlines grantee selection criteria. Limits the Federal contribution of such assistance to 50 percent of the estimated cost of the activities involved. Directs the Secretary, in consultation with the Secretary of Commerce, to conduct a program to support specified activities of one or more manufacturing managers and experts at the institution of higher education involved. Outlines provisions concerning program administration and applicant selection criteria. Limits the Federal support of such program to 50 percent of the costs of activities to be supported by such assistance. Requires the Secretary to award at least ten such grants within one year after enactment of this Act. Provides FY 1992 and 1993 funding. Allows the Secretary to authorize the Secretaries of the military departments to enter into cooperative agreements and other transactions for advanced research projects. (Currently, only the Defense Advanced Research Projects Agency is authorized to enter into such agreements or transactions.) Makes permanent (currently expires September 30, 1991) the authority to enter into such agreements. Directs the Secretary to report to the defense committees a plan for collecting and assessing information on the extent to which the defense industrial base of the United States: (1) procures weapons systems, subsystems, and components of such systems from foreign sources; and (2) is dependent upon such foreign sources for such procurement. Directs the Secretary to report to the defense committees a plan for the removal of barriers to the effective integration of the commercial and defense sectors of the U.S. industrial base. Requires the Secretary to designate an official within his Office to develop the plan. Requires annual development and submission to the Congress by the Secretary of a National Defense Manufacturing Technology Plan. Places FY 1992 and 1993 funding limitations on manufacturing technology-related R&D not specifically included in such annual Plan. Directs the Secretary to conduct a program for the development and use of advanced flexible computer integrated manufacturing capabilities in each of the military departments and the U.S. defense industrial base. Requires the continued development of Rapid Acquisition of Manufactured Parts technologies and applications as part of such program. Provides FY 1992 and 1993 funding for such program, with a specified capabilities-duplication prohibition within the military departments. Directs the Secretary, acting through the Under Secretary of Defense for Acquisition, to establish a program to award grants on a competitive basis to U.S. institutions of higher education and other nonprofit organizations for the conduct of programs for U.S. scientists, engineers, and managers to learn Japanese language and culture.
Bill· HRH.R. 3407 (102nd)open
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.
Bill· HRH.R. 3409 (102nd)open
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.
Bill· HRH.R. 3400 (102nd)referred
United States · United States Congress · 24 September 1991
Emergency Unemployment Compensation Act of 1991 - Title I: Emergency Unemployment Compensation Program - Establishes an emergency unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of emergency unemployment compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of emergency benefits equal to regular benefits. Requires a State, under such an agreement, to establish an emergency unemployment compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that the applicable limit in such account shall be equal to: (1) ten weeks during a five-percent period (triggered if the adjusted rate of insured unemployment for such week and the immediately perceding 12 weeks is at least five percent; and (2) six weeks for any other period. Sets forth special rules relating to such applicable limits. Requires reduction in such account by the amount of extended benefits received by the individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. Sets the weekly benefit amount at the amount of regular compensation (including dependents' allowances) payable under the State law to the individual for such week for total unemployment. Provides for determination of periods and applicable triggers. Provides for a minimum period. Provides, in general, that no emergency unemployment compensation shall be payable to any individual under this Act for any week beginning: (1) before the later of October 1, 1991, or the first week following the week in which an agreement under this Act is entered into; or (2) after June 30, 1992. Sets forth transition and reachback provisions for the eligibility of certain individuals for such benefits, as exceptions to such general rule. Provides for payments to States having such agreements for emergency unemployment compensation. Sets forth financing provisions. Requires that funds in the extended unemployment compensation account of the Unemployment Trust Fund be used to make payments to States having agreements under this Act. Authorizes appropriations to the extended unemployment compensation account of sums necessary to pay emergency unemployment compensation payable: (1) under specified provisions for former members of the Armed Forces; and (2) on the basis of certain services performed for nonprofit organizations or governmental entities, to which certain Internal Revenue Code provisions relating to State unemployment compensation law apply. Sets forth provisions relating to fraud and overpayments. Defines the individual eligibility period under this Act. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the Armed Forces. Reduces the length of required active duty by reserves for purposes for such payment, if the reservist served on active duty in the Persian Gulf area of operations in connection with Operation Desert Storm. Title II: Collection of Nontax Debts - Amends the Deficit Reduction Act of 1984 to provide for permanent extension of provisions relating to collection of nontax debts owed to Federal agencies. Title III: Guaranteed Student Loans - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to revise provisions relating to the Stafford student loan program (including guaranteed student loans and federally-insured student loans). Requires, in the case of such student loan applicants over age 21, that the lender: (1) obtain a credit report; and (2) require a cosigner for such applicants who have adverse credit histories. Allows the lender to charge such applicants for the actual cost of such credit reports, up to $25. Requires the lender to obtain the borrower's driver's license number, if any, at the time of application for such a student loan. Directs eligible institutions to require borrowers of any student loan under HEA to supply the following exit interview information: (1) their expected permanent address after leaving the institution; (2) the name and address of their expected employer; and (3) the name and address of their next of kin. Requires student loan interest-subsidy insurance program agreements to require the lender to obtain the borrower's authorization for entry of judgment against the borrower in the event of default. Provides for wage garnishment for student loan collection. Authorizes a guaranty agency, or the Secretary where appropriate, to garnish the disposable pay of an individual to collect the amount owed or the required repayment, subject to certain conditions. Provides for data matching. Authorizes the Secretary of Education to obtain from Federal agencies specified information relating to an individual for student loan collection purposes. Title IV: Electromagnetic Spectrum Function - Emerging Telecommunications Technologies Act of 1991 - Requires the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC) to conduct biannual joint electromagnetic spectrum planning meetings with respect to: (1) future spectrum needs and the allocation actions to accommodate those needs; and (2) actions to promote the efficient use of the spectrum. Requires an open process and joint annual reports to the President. Directs the Secretary to submit reports to the President that identify frequency bands that: (1) are allocated on a primary basis for Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future Government needs; (3) can be made available for use under the Act for non-Government users; (4) are likely to have significant value for such users; and (5) will not result in excessive costs to the Government. Sets forth criteria for identifying, and recommending for reassignment or sharing, such frequency bands. Requires such reports to make an initial identification of 30MHz of spectrum for immediate reallocation and distribution by the FCC pursuant to competitive bidding procedures, and preliminary and final identifications of additional reallocable frequency bands. Directs the Secretary to convene a private sector advisory committee to: (1) review frequency bands identified in the preliminary report; (2) advise the Secretary with respect to those bands which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit to the Secretary and specified congressional committees a report on recommendations for the reform of allocating the spectrum between Government and non-Government users. Directs the President to: (1) withdraw or limit the assignment to a Government station of any frequency recommended in the initial identification report for rellocation; (2) withdraw or limit the assignment to a Government station of any frequency recommended in the final report for reallocation or mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of such actions taken. Authorizes the President to substitute alternative frequencies in the interests of national security, important Government needs, public health or safety, or Federal financial considerations. Provides that any Government licensee, or non-Government entity operating on behalf of a Government licensee, that is displaced from a frequency pursuant to this Act may be reimbursed not more than the incremental costs it incurs, in such amounts as provided in advance in appropriation Acts, that are directly attributable to the loss of the use of the frequency pursuant to this Act. Authorizes appropriations to affected licensee agencies to cover such costs. Directs the FCC to form a plan to assign the spectrum identified in the initial report pursuant to competitive bidding procedures during FY 1994 through 1996. Directs the FCC to submit to the President a plan for the distribution of the remaining reallocated frequency bands. Authorizes the President to reclaim reallocated frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Amends the Act to require the FCC to use competitive bidding for awarding all initial licenses and new construction permits, subject to specified exclusions. Outlines criteria for awarding licenses and permits under competitive bidding procedures. Prohibits licensing by lottery when competitive bidding is required. Title V: Dislocated Workers - Directs the Secretary of Labor to give special consideration to providing services to dislocated workers in the timber industry in the State of Washington, in determining specified programs and activities to be funded under the Job Training Partnership Act in FY 1991 and 1992. Title VI: Deficit Reduction Requirement - Set forth the congressional finding that provisions contained in titles I through V of this Act would lead to a reduction in the deficit. Declares that the Congress designates all direct spending amounts (both increases and decreases) provided by such titles (for all fiscal years) as emergency requirements under specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires, as a condition for any provisions of this Act to take effect, that the President: (1) make a determination and notify the Congress that this Act would reduce the deficit cumulatively for FY 1991 through 1996; and (2) submits a written designation of all direct spending amounts (both increases and decreases provided by titles I through V of this Act for all fiscal years) as emergency requirements under such specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985.
Bill· HRH.R. 3381 (102nd)open
United States · United States Congress · 24 September 1991
Amends the Federal criminal code to authorize the President to waive specified conflict of interest statutes with respect to an individual if the President determines and certifies in writing that, in order to deal with an emergency that threatens public health or safety, national security, or national defense preparedness: (1) it is in the public interest to grant the waiver; (2) the services of the individual are critically needed for the benefit of the Government; and (3) the need for the individual's services outweighs the potential for a conflict of interest. Makes such waiver effective for a period of not more than 90 days, subject to renewal, with exceptions. Requires that: (1) a copy of each certification made under this Act be transmitted to the Director of the Office of Government Ethics, unless the President determines that public availability of such certification would jeopardize national security; and (2) the Director make a copy of such certification available to the public (but authorizes the Director to withhold from disclosure any information which would be exempt from disclosure under provisions of the Administrative Procedure Act). Bars the President from delegating the waiver authority provided under this Act. Repeals provisions which authorize the President to grant a waiver of restrictions with respect to the disqualification of former executive branch officers and employees and their partners where in the public interest and when critically needed for the benefit of the Government.
Bill· HRH.R. 3395 (102nd)referred
United States · United States Congress · 24 September 1991
Authorizes the Secretary of Defense to detail members of the armed forces to a State or local correctional agency for temporary duty as advisors and instructors at a correctional facility operated as a military-style boot camp if the Secretary determines that such personnel could contribute to the rehabilitative purposes of such facility. Credits such military personnel for all service performed during such detail. Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 and other Federal provisions relating to actions taken in conjunction with defense base closures and realignments to authorize the Secretary to transfer to the State or local government in which the military installation is located such appropriate property or facilities for conversion and use in conjunction with military-style boot camp operations at a correctional facility.
Bill· HRH.R. 3374 (102nd)referred
United States · United States Congress · 24 September 1991
Makes those military personnel performing at least 20 years of service after August 15, 1945, eligible for retired pay based on reserve or other nonregular service in the armed forces. Excludes service performed before August 16, 1945, from consideration in the computation of retired pay if the eligibility for retired pay of such person is based on service performed after August 15, 1945.
Law· HJRESH.J.Res. 332 (102nd)enacted
United States · United States Congress · 24 September 1991
Makes continuing appropriations for projects or activities including the costs of direct loans and loan guarantees provided for in the following Acts: (1) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1992; (2) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1992; (3) the Department of Defense Appropriations Act, 1992; (4) the District of Columbia Appropriations Act, 1992; (5) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992; (6) the Department of the Interior and Related Agencies Appropriations Act, 1992; (7) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1992; (8) the Military Construction Appropriations Act, 1992; (9) the Department of Transportation and Related Agencies Appropriations Act, 1992; (10) the Treasury, Postal Service, and General Government Appropriations Act, 1992; and (11) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992. Sets forth limitations on the use of such funds. Requires the following activities to be maintained at the current rate of operations: (1) the National Science Foundation's United States Antarctic Logistical Support Activities; and (2) the Federal Communications Commission's Salaries and Expenses account.
Bill· HRH.R. 3371 (102nd)open
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.
Bill· SS. 1737 (102nd)referred
United States · United States Congress · 20 September 1991
Prohibits Yugoslavian-made defense articles that are on the United States Munitions List from being imported into the United States.
Law· SJRESS.J.Res. 198 (102nd)enacted
United States · United States Congress · 18 September 1991
Designates December 4, 1991, as Hawaii Remembrance Day, to recognize contributions provided by Federal civilian employees during the attack on Pearl Harbor and during World War II.
Bill· SJRESS.J.Res. 197 (102nd)open
United States · United States Congress · 18 September 1991
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 25, 1991, as National Military Families Recognition Day.
Resolution· SCONRESS.Con.Res. 62 (102nd)referred
United States · United States Congress · 18 September 1991
Declares that the President should award the Presidential Medal of Freedom to Martha Raye in honor of her service in the form of entertainment and nursing care to members of the U.S. armed forces.
Bill· SS. 1722 (102nd)open
United States · United States Congress · 17 September 1991
Emergency Unemployment Compensation Act of 1991 - Establishes an emergency unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of emergency unemployment compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of emergency benefits equal to regular benefits. Authorizes a State Governor, in a period of a seven or eight percent total unemployment rate in that State (as defined under this Act), to elect to trigger off an extended compensation period to provide emergency unemployment compensation to individuals who have exhausted their rights to regular compensation under State law. Requires a State, under such an agreement, to establish an emergency unemployment compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that the applicable limit in such account shall be equal to: (1) 20 for an eight-percent period, i.e. one triggered by a total unemployment rate (TUR) of eight percent or more in the State, seasonally adjusted, for the most recent six calendar months with available data; (2) 13 for a seven-percent period; (3) seven for a six-percent period; and (4) four for any other period. Sets forth special rules relating to such applicable limits. Requires reduction in such account by the amount of extended benefits received by the individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. Sets the weekly benefit amount at the amount of regular compensation (including dependents' allowances) payable under the State law to the individual for such week for total unemployment. Provides for determination of periods and applicable triggers. Provides for a minimum period of at least 13 weeks. Provides, in general, that no emergency unemployment compensation shall be payable to any individual under this Act for any week beginning: (1) before the later of October 6, 1991, or the first week following the week in which an agreement under this Act is entered into; or (2) after July 4, 1992. Sets forth transition and reachback provisions for the eligibility of certain individuals for such benefits, as exceptions to such general rule. Provides for payments to States having such agreements for emergency unemployment compensation. Sets forth financing provisions. Requires that funds in the extended unemployment compensation account of the Unemployment Trust Fund be used to make payments to States having agreements under this Act. Sets forth provisions relating to fraud and overpayments. Defines the eligible period under this Act. Provides that in no event shall an individual's period of eligibility include any weeks after the 39th week after the end of the benefit year for which the individual exhausted rights to regular compensation or extended compensation. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the armed forces. Reduces the length of required active duty by reserves for purposes of such payment. Amends the Social Security Act to establish an Advisory Council on Unemployment Compensation. Directs the Secretary to establish such a council by February 1, 1992, and every fourth year thereafter. Requires each such council to evaluate the unemployment compensation program. Sets forth membership and staff provisions. Requires each council to report to the President and the Congress by Feburuary 1 of the second year following the year in which it is required to be established. Requires the first Council report to include findings and recommendations on determining eligibility for extended unemployment benefits on the basis of unemployment statistics for regions, States, or subdivisions of States. Designates as emergency requirements, pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), all direct spending amounts provided, and all appropriations authorized by this Act (for all fiscal years). Provides that this Act shall not take effect unless, by its enactment date, the President submits to the Congress a written designation of all such direct spending amounts and authorized appropriations as such emergency requirements.
Bill· HRH.R. 3349 (102nd)referred
United States · United States Congress · 17 September 1991
Revises provisions concerning health care for members and certain former members of the armed forces to entitle members or former members who are eligible for retired or retainer pay and for Medicare to medical and dental care in any uniformed service medical facility. Provides that such facilities will recover the costs of such care from Medicare Subvention funding. Provides that the costs of care for members or former members who are not eligible for Medicare will be recovered from the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) Subvention funding. Revises provisions concerning health care for military dependents to provide that the uniformed services facilities providing such care will recover costs from Medicare or CHAMPUS, as appropriate. Prohibits medical or dental care from being provided to an otherwise eligible person at a military treatment facility only if the senior or commanding officer of such facility determines that such facility cannot provide the particular care required because of lack of space or facilities or because such type of care is not provided at such facility. Requires the administering Secretary to be advised immediately when a determination to deny treatment is made, with a verifiable date as to when the restriction will be removed. Amends title XVIII (Medicare) of the Social Security Act to make Department of Defense and Department of Veterans Affairs treatment facilities eligible for Medicare payments as long as they meet requirements applicable to hospitals and skilled nursing facilities under such title.
Bill· HRH.R. 3357 (102nd)referred
United States · United States Congress · 17 September 1991
Amends Federal provisions with respect to the veterans' home loan guaranty program to provide that the Secretary of Veterans Affairs: (1) may not report for income purposes to any department or agency outside of the Department of Veterans Affairs the waiver of an indebtedness or of recovery of a payment or overpayment made under such program, or the acceptance of a compromise or the forgoing of collection in settlement of a claim with respect to any veterans' benefit under any law administered by the Department; and (2) shall not notify the veteran or other eligible person of any potential liability regarding the income status of any such waiver or forgone amount.
Resolution· HCONRESH.Con.Res. 203 (102nd)open
United States · United States Congress · 17 September 1991
Expresses the sense of the Congress that: (1) the Secretary of the Army should investigate whether James L. Cadigan should be awarded the Medal of Honor for heroism in combat during World War II; and (2) if the Secretary recommends making such award, the Congress should consider appropriate legislation.
Resolution· HCONRESH.Con.Res. 205 (102nd)referred
United States · United States Congress · 17 September 1991
Condemns the ongoing use of force and violence in Yugoslavia. Calls upon all parties in Yugoslavia to comply with the previously agreed ceasefire. Supports the efforts of the European Community and other concerned countries to restore and maintain peace and to encourage negotiations leading to a peaceful resolution of differences. Urges: (1) Yugoslav political leaders to engage fully and in good faith in negotiations on the future of Yugoslavia; (2) the Yugoslav military leadership to desist from aiding either side in the armed conflict and to obey instruction from Federal authorities; and (3) religious leaders in the Republics of Serbia and Croatia and elsewhere in Yugoslavia to work together in pursuing peace and reconciliation between the various ethnic populations of that country.
Bill· SS. 1712 (102nd)referred
United States · United States Congress · 16 September 1991
Directs the Secretary of the military department concerned, the Secretary of Commerce with respect to the National Oceanic and Atmospheric Administration, and the Secretary of Health and Human Services with respect to the Public Health Service to pay an annuity to any individual who is the surviving spouse or a dependent child of a reserve member of the armed forces who: (1) died during the period between September 21, 1972, and September 30, 1978; and (2) at the time of death, would have been entitled to retired pay but for the fact that such individual was under 60 years of age. Requires such annuity to be paid in the same manner as if the individual had made a designation to provide an annuity as a veteran under the Survivor Benefit Plan. Requires an individual who is entitled to an annuity under Federal armed forces provisions and an annuity under Federal veterans' benefits provisions by reason of a subsequent marriage to choose one annuity to receive.
Law· HRH.R. 3327 (102nd)enacted
United States · United States Congress · 12 September 1991
Directs the Secretary of Veterans Affairs to designate the Assistant Secretary in the Department of Veterans Affairs (VA) whose functions include equal opportunity functions as the Chief Minority Affairs Officer. Outlines the duties of the Chief Minority Affairs Officer, including the following: (1) investigating and examining VA activities affecting minority group members who are veterans or who receive benefits from the VA; (2) assessing the needs of minority veterans within the VA; (3) advising the Secretary regarding the effect on minority veterans of policies, regulations, and programs of the VA and of methods to ensure that minority veterans are afforded an opportunity to participate fully in the activities and benefits of the VA; and (4) carrying out any other additional functions as the Secretary may prescribe. Requires the Secretary, no less than biennially, to report to the Congress a detailed description of: (1) any activities and policies of the VA relating to minority group members who are veterans or who receive benefits from the VA; and (2) the duties of the Chief Minority Affairs Officer.
Bill· HRH.R. 3319 (102nd)referred
United States · United States Congress · 12 September 1991
Amends the Internal Revenue Code to treat as amounts realized on the sale of a residence any amounts paid by the Secretary of Defense which represent the reduction in value of the residence on account of a military base closing.
Resolution· HCONRESH.Con.Res. 202 (102nd)referred
United States · United States Congress · 12 September 1991
Expresses the sense of the Congress that the United States should not provide any direct financial assistance to the Soviet Union until the Soviet Union ceases all of its direct economic and military support for the regime of Fidel Castro in Cuba.
Bill· HRH.R. 3299 (102nd)open
United States · United States Congress · 11 September 1991
Prohibits: (1) the sale of defense articles under the Arms Export Control Act to or for the Royal Ulster Constabulary, the Ulster Defense Regiment, the Royal Irish Regiment, and any other organization in which anyone who previously was a member of a paramilitary association is a member; and (2) the issuance of licenses for exporting such articles, and the export of crime control and detection equipment for use by such entities. Directs the Secretary of State to report to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations on cooperation between United Kingdom security forces and militias and paramilitary groups in Northern Ireland.
Bill· HRH.R. 3295 (102nd)referred
United States · United States Congress · 11 September 1991
Amends the Immigration and Nationality Act to establish as a class of nonimmigrant aliens the spouse or child of an alien member of the U.S. armed forces.
Bill· HRH.R. 3311 (102nd)referred
United States · United States Congress · 11 September 1991
Veterans Bill of Rights Act - Directs the Secretary of Veterans Affairs to take all necessary action to ensure that all rights and benefits provided under Federal law to qualified veterans are: (1) made available to veterans to the same extent in every State or geographic location; and (2) not denied on the basis of race, ethnicity, sex, religion, age, or geographic location.
Bill· SS. 1694 (102nd)referred
United States · United States Congress · 10 September 1991
Amends the Defense Base Closure and Realignment Act of 1990 to require the Secretary of Defense and the Defense Base Closure and Realignment Commission, with respect to recommendations made for closure and realignment of military installations in 1993 and 1995, to include recommendations for the termination and reduction of military operations at installations outside the United States.
Law· SS. 1671 (102nd)enacted
United States · United States Congress · 2 August 1991
Waste Isolation Pilot Plant Land Withdrawal Act of 1991 - Withdraws from all forms of entry, sale, and disposal under the public land laws and from all forms of appropriation and operation under mining and mineral leasing laws the public lands in Eddy County, New Mexico, which surround the Waste Isolation Pilot Plant (WIPP) (a Department of Energy (DOE) research and development facility authorized to demonstrate the safe disposal of defense radioactive waste). Describes the lands to be withdrawn. Revokes specified public land orders made inconsistent by this Act. Makes the Secretary of Energy responsible for management of the withdrawn lands. Requires the Secretary to develop a management plan for the withdrawn lands requiring any use of such lands for activities not associated with WIPP to be subject to conditions and restrictions that may be necessary to permit the conduct of WIPP activities. Requires the management plan to permit domestic livestock grazing, hunting and trapping, maintenance of wildlife habitat, the disposal of salt tailings remaining on the surface, and mining, subject to prescribed guidelines. Authorizes the Secretary to close to the public any part of such withdrawn lands if required for public health and safety. Directs the Secretary to submit the management plan to appropriate congressional committees and the State of New Mexico. Provides for ongoing review by the National Academy of Sciences (NAOS), the State, the WIPP Environmental Evaluation Group (EEG), and the Administrator of the Environmental Protection Agency (EPA) of a proposal to be developed by the Secretary for an experimental program at the WIPP site to demonstrate compliance with EPA standards issued below for the disposal of transuranic radioactive waste. Outlines requirements applicable to such demonstration, including those prohibiting radioactive wastes from being received at WIPP until after the EPA Administrator certifies to the Congress and the State that the Secretary has demonstrated compliance with the disposal standards issued below for transuranic radioactive waste. Requires the EPA Administrator to publish proposed environmental standards for the disposal of transuranic radioactive waste, which will be made final one year after this Act is enacted. Requires the Secretary, with respect to WIPP, to comply in all respects with the environmental standards for management and storage issued by the EPA Administrator, beginning on the date of enactment of this Act. Requires the Secretary to comply fully with the final environmental standards for the disposal of transuranic radioactive waste. Requires the EPA Administrator, with respect to the transuranic radioactive waste at WIPP, to certify to the Congress whether the Secretary has complied with the environmental standards for disposal issued by the EPA Administrator. Requires the Secretary to comply with the environmental standards for the disposal of transuranic radioactive waste as in effect on November 18, 1985, if the Administrator fails to publish the proposed or final environmental standards for such a disposal. Requires WIPP to use engineered barriers as well as natural barriers to isolate the radioactive waste after disposal in compliance with applicable EPA standards. Outlines minimum specifications for such barriers. Requires the Secretary to also include waste from modifications in WIPP, if appropriate under certain circumstances. Provides that if WIPP fails to meet final EPA disposal standards by six years after enactment of this Act, the Secretary shall ensure that the waste is removed from the site within one year and WIPP will be decommissioned and the land withdrawl provided by this Act will be terminated. Allows such deadline to be extended by one year. Places restrictions on the amount of transauranic radioactive waste that may be received at WIPP during and after the experimental program. Prohibits spent fuel or high-level radioactive waste from being received at WIPP. Requires all waste emplaced in WIPP under the experimental program to be retrievable during the course of that program and for the period of time subsequent to the program needed to provide for its retrieval in the event that facility does not comply with the environmental standards issued for the disposal of transuranic radiactive waste. Directs the Secretary to provide the EPA Administrator and the State with a retrieval plan for the removal of all wastes from WIPP and the return of all waste to its point of origin, as indicated on the waste shipping manifest, or any other interim storage facility designated by the Secretary other than the WIPP facilities. Directs the Secretary to implement the plan or take corrective actions to assure the retrievability of waste in the event that a finding is made below that the waste is not retrievable. Requires the Secretary to make an annual determination, taking into account the evaluation discussed below, of whether all radioactive waste is presently retrievable and can remain retrievable if: (1) WIPP fails to meet the final environmental standards for the disposal of transuranic radioactive waste; or (2) the waste needs to be retrieved for engineering modification or for repackaging for permanent disposal. Directs the Secretary to demonstrate, on an annual basis, in conjunction with the determination required above, that a sample of transuranic waste is retrievable. Directs the Bureau of Mines to prepare an annual evaluation of the safety of the WIPP mine. Provides that upon a determination by the EPA Administrator that the waste will not be retrievable, the EPA Administrator shall, pursuant to the authorities provided in the Resource Conservation and Recovery Act, revoke any applicable permits and take such action as provided in such Act to assure the retrievability or removal of all WIPP waste. Requires that transuranic radioactive waste transported to or from WIPP must be transported in special containers certified by the Nuclear Regulatory Commission. Requires advance notification to State and local officials and Indian tribes before such waste may be so transported. Requires the Secretary to provide technical assistance and funds for training public safety officials for emergency preparedness. Prohibits the transport of radioactive waste to or from WIPP until the training has been provided. Requires the Secretary to provide to State and local governments the equipment to respond to an incident involving waste being transported. Prevents radioactive waste from being transported by or for the Secretary to or from WIPP until after the designation of the WIPP routes by the Highway Commission of the State. Disallows the transport of transuranic radioactive waste from the Los Alamos National Laboratory to WIPP until the Santa Fe bypass is built. Requires the Secretary to continue to encourage WIPP related business and employment opportunities within New Mexico. Provides for payments to New Mexico to mitigate the impacts on the State and local governments resulting from WIPP. Requires the Secretary to make annual payments to the State for an appropriate group to undertake annual reviews of the economic impact of WIPP activities. Directs the Secretary to submit to New Mexico, EEG, and appropriate congressional committees within three years after the enactment of this Act a plan for environmental controls for managing WIPP after decommissioning. Directs the Secretary to develop within two years a plan for the management and use of the withdrawn lands following decommission. Authorizes appropriations to the Secretary to acquire the Federal Oil and Gas leases No. NMNM 02953 and 02953C. Authorizes appropriations to carry out this Act. Requires any waste introduced at the WIPP site prior to the enactment of this Act to be subject to the provisions of this Act and to be removed from such site in the event the conditions of this Act have not been complied with.
Bill· SS. 1689 (102nd)referred
United States · United States Congress · 2 August 1991
Amends the Davis-Bacon Act (the Act) to apply it to any contract (relating to public buildings or public works of the United States or the District of Columbia or buildings or works financed in whole or part by Federal loans, grants, or loan guarantees, with specified exceptions) in excess of $100,000 for new construction (including painting and decorating) or in excess of $15,000 for alteration, repair, renovation, rehabilitation, demolition, or reconstruction (including painting and decorating). Provides that State, local, or tribal government requirements for wages or fringe benefits applied to such contracts for federally-assisted construction or repair of buildings or works shall not be preempted by the Act unless there is a conflict in compliance with both. Provides that an individual shall be considered a laborer or mechanic if the contractor or subcontractor paid the individual, directly or through a subcontract, for such services performed to carry out the contract. Prohibits the use of multiple contracts to avoid application of the Act. Requires that any two or more contracts shall be treated as a single contract if they: (1) individually do not exceed the minimum amount necessary for the Act to apply; (2) in the aggregate do exceed such amount; and (3) all relate to the same work or related work at the same site. Permits any interested person to seek relief from violations of such provision in U.S. district court. Applies the Act also to contracts for the lease of a facility if construction, alteration, repair, renovation, rehabilitation, or reconstruction is required for a contract's fulfillment. Defines the terms "apprentice," "trainee," and "helper." Prescribes circumstances under which such persons may be paid less than the required wage rate under the Act. Requires the contractor or subcontractor to post the scale of wages required to be paid under such contract in a prominent and easily accessible place at the contract worksite. Provides that the wages required to be paid under the Act shall be the wages determined by the Secretary of Labor (the Secretary) prevailing within three years of the date the contract was entered into. Provides that, if the Secretary has not made a prevailing wage determination within such three-year limitation, the prevailing wage shall be the highest wage prevailing in a comparable area in the State in which the contract is performed. Directs the Secretary, in making a prevailing wage determination, to consider the wages paid for all projects (regardless of the source of funding) of the same character in the area under contracts for amounts not less than the minimum amounts necessary for the Act to apply. Provides that a contractor or subcontractor may only include contributions and costs relating to employee fringe benefits, as part of their prevailing wage payment, in an amount not exceeding the aggregate of such contributions and costs prevailing in the area. Authorizes the Secretary to investigate and secure compliance with requirements of the Act. Allows any interested person to petition the Administrator of the Wage and Hour Division of the Department of Labor (the Administrator, whose decision is reviewable by the Secretary of Labor) to review the determination of a Secretary of a department or an agency head that a contract entered into is not subject to the Act. Provides for judicial review of such coverage determinations. Permits any laborer, mechanic, or any interested person to file an administrative complaint with the Administrator to review the wage payments received to determine if they have been made in accordance with the Secretary's prevailing wage determination. Sets forth procedures for such wage review. Provides that the determination of the Administrator, an administrative law judge, or the Secretary on a petition for review of the wage payments may include the award of damages to the petitioner in the amount of twice the amount of wages not paid in accordance with the prevailing wage determination, if it is found that the petitioner was willfully not paid the required wages. Requires the defendant in such cases to pay a reasonable attorney's fee and the cost of the action. Requires the Secretary, upon a determination of the Administrator or the administrative law judge that the petitioner is likely to succeed on the merits of the claim, to direct the Secretary of the department, or the head of the agency, or the contracting authority which entered the contract, to withhold payments to contractors or subcontractors in amounts necessary to satisfy their liabilities for unpaid wages and liquidated damages. Requires the Secretary (currently the Comptroller General) to pay directly to laborers and mechanics from any accrued payments withheld under the contract any wages found by the Secretary to be due. Directs the Secretary to distribute to all departments of the Government a list of the names of persons or firms who: (1) are found to have disregarded their obligations to employees and subcontractors; and (2) are debarred from Federal contracts for a specified time. (Removes the Comptroller General from such debarment process.) Directs the Secretary to bring an action against contractors and their sureties for payment of unpaid wages, if the accrued payments withheld are insufficient to reimburse all employees. Provides that it shall be no defense in such an action that such employees accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. Makes any employer who violates the required wage rate provisions of the Act liable to each affected employee in the amount of unpaid wages and, if the violation was willful, in an additional equal amount as liquidated damages. Allows an action to recover such liability to be maintained against any employer in any Federal or State court of competent jurisdiction by any interested party, or by any employee on behalf of affected employees and other employees similarly situated. Prohibits any employee from being a party plaintiff to such an action unless the employee gives consent in writing to become a party and the consent is filed in the court in which the action is brought. Prohibits employees from bringing such a civil action with respect to their wages if they file a petition for review. Directs the court, in addition to any judgment awarded to the plaintiff or plaintiffs, to allow a reasonable attorney's fee and the cost of the action to be paid by the defendant. Requires that contracts subject to the Act contain a provision allowing the Government to terminate the contract if less than the required wage rate has been or is being paid. Makes the contractor and its sureties liable for any excess costs incurred by the Government because of such termination. Directs the Secretary to: (1) enforce the Act; and (2) promulgate standards and procedures to be observed by contracting officers. Amends the Copeland Anti-Kickback Act (which provides for the Secretary of Labor to make reasonable regulations for contractors and subcontractors in the construction or repair of public buildings or public works or buildings or works financed in whole or part by Federal loans or grants) to require such employers to report certain payroll information on a monthly (rather than a weekly) basis. Requires such information to include specified items (including rates of contributions or costs anticipated for bona fide fringe benefits). Requires such employers to maintain payroll and other related basic records for three years after completion of such work. Permits any interested person to obtain from any Federal department or agency a copy of any such payroll statement which has been filed by the contractor or subcontractor with the department or agency under such Act. Directs the Secretary of Labor to: (1) study the feasibility of employers using electronic methods to comply with reporting requirements under such Act; and (2) report to the Congress within one year on actions taken by the Secretary and employers to facilitate electronic reporting of payroll information.
Bill· SS. 1665 (102nd)referred
United States · United States Congress · 2 August 1991
Money Laundering Improvements Act of 1991 - Title I: Forfeiture Proceedings in Money Laundering Cases - Amends the Federal judicial code to provide that a forfeiture action or proceeding (action) may be brought in the district in which any of the acts giving rise to the forfeiture occurred or in any other district where venue for the forfeiture action is specifically provided by statute. (Current law requires the Government to file separate forfeiture actions in each district in which the subject property is found.) Provides that whenever property subject to forfeiture under U.S. law is located in a foreign country, or has been detained or seized pursuant to legal process or competent authority of a foreign government, a forfeiture action may be brought in the U.S. District Court for the District of Columbia. Specifies that, in any case in which a final order disposing of property in a civil forfeiture action is appealed, removal of the property by the prevailing party shall not deprive the court of jurisdiction. Directs the district court or court of appeals, upon motion of the appealing party, to issue any order necessary to preserve the right of the appealing party to the full value of the property at issue. Amends the Federal criminal code to provide that, in any forfeiture action in rem in which the subject property is cash, monetary instruments in bearer form, funds deposited in an account in a financial institution, or other fungible property, it shall not be necessary for the Government to identify the specific property involved in the offense that is the basis for the forfeiture, nor shall it be a defense that the property involved in such an offense has been removed and replaced by identical property. Subjects any identical property found in the same place or account as the property involved in the offense that is the basis for the forfeiture to forfeiture, with exceptions. Specifies that no action pursuant to this Act to forfeit property not traceable directly to the offense that is the basis for the forfeiture may be: (1) commenced more than one year from the date of the offense; and (2) taken against funds deposited by a financial institution into an account with another financial institution unless the depositing institution knowingly engaged in the offense that is the basis for the forfeiture. Authorizes the Attorney General, for purposes of conducting a civil investigation in contemplation of a civil forfeiture proceeding, to administer oaths, take evidence, and, by subpoena, compel the attendance of witnesses and the production of any papers or records which the Attorney General deems relevant to the inquiry. Makes: (1) the same procedures and limitations provided with respect to civil investigative demands applicable to subpoenas under this Act; and (2) failure to comply with a court order to enforce such subpoena punishable as contempt, subject to specified restrictions. Permits any party, at any time after the commencement of a forfeiture action brought by the United States, to request the Clerk of the Court in the district in which the proceeding is pending to issue a subpoena to a financial institution to produce books, records, and documents at any place designated by the requesting party, subject to specified procedures and limitations. Title II: Money Laundering - Amends the Federal criminal code to make technical and conforming amendments with respect to: (1) specified bank fraud offenses; and (2) the use of grand jury information for bank fraud and money laundering forfeitures. Prohibits, for the purpose of evading reporting requirements with respect to the exportation and importation of monetary instruments: (1) failing to file a required report or cause a person to fail to file such a report; (2) filing or causing a person to file a report that contains a material omission or misstatement of fact; or (3) structuring or assisting in structuring any importation or exportation of monetary instruments. Bars any financial institution, or officer, director, employee, or agent of such an institution, from disclosing the existence or terms of a geographic targeting order, with exceptions. Expands the definition of "financial transaction" to cover the transfer of title to any real property, vehicle, vessel, or aircraft. Prohibits obstructing a money laundering investigation. Permits the use of the Asset Forfeiture Fund to pay awards for information relating to violations of the criminal money laundering laws. Makes the penalty for a money laundering conspiracy equivalent to the penalty for the substantive money laundering offense. Amends the Right to Financial Privacy Act of 1978 (RFPA) to prohibit a financial institution from notifying possible suspects of the existence of a grand jury subpoena for bank records in money laundering and controlled substances investigations. Expands money laundering and civil forfeiture provisions to include the proceeds of foreign kidnappings, robberies, and extortions. Repeals a restriction on the disposal of judicially forfeited property by the Department of the Treasury and the Postal Service. Makes felony violations of the Foreign Corrupt Practices Act and mail theft predicate offenses to money laundering prohibitions. Title III: Bank Secrecy and Right to Financial Privacy Amendments - Amends the Bank Secrecy Act (BSA) to prohibit structuring transactions to avoid a prohibition against the cash purchase of certain monetary instruments in amounts greater than $3,000 to non-account holders unless the financial institution verifies the identification of the purchaser. Authorizes the Secretary of the Treasury to require that financial institutions report suspicious transactions relevant to possible violations of law or regulation. Bars such institutions from notifying any person involved in the transaction that such transaction has been reported. Extends the customer liability protection of the RFPA with respect to reports of suspicious transactions to all financial institutions subject to the BSA. Authorizes the Secretary to: (1) require financial institutions subject to the BSA to have anti-money laundering programs which include, at a minimum, the development of internal policies, procedures, and controls, the designation of a compliance officer, an ongoing employee training program, and an independent audit function to test the program; and (2) promulgate minimum standards for such procedures. Makes persons who cause financial institutions to maintain false or incomplete records in contravention of the BSA recordkeeper requirement subject to civil sanctions. Amends the RFPA to protect from civil liability a financial institution that acts in good faith in reporting a suspicious transaction for refusal to do business with the customer engaged in such transaction. Allows financial records originally obtained by an agency under the RFPA to be transferred to the Secretary for analysis and use by the Financial Crimes Enforcement Network for criminal law enforcement purposes without customer notice.
Bill· SS. 1630 (102nd)referred
United States · United States Congress · 2 August 1991
Impacted Communities Assistance Act of 1991 - Directs the Secretary of Defense, as soon as possible after closing a military installation, to transfer any property suitable for transfer to the local community of the installation involved. Requires any property which was originally donated to the United States to first be offered to the entity that made such donation. Provides that if the local community refuses such property (or fails to accept such property within six months), the Secretary shall offer the property successively to the county involved, the State of the installation, other Federal departments and agencies, and the highest bidder. Provides for the disposition of property located in more than one local community or county. Authorizes the Secretary to sever from any real property of a closed military installation that property which is suitable for transfer. Requires the Secretary to include appropriate representatives of the local community in discussions and decisions concerning the disposition of a closed military installation. Requires the local community, county, or State receiving such property to agree: (1) to pay the United States 25 percent of the proceeds from any sale of the property within five years after the date of conveyance; (2) to make available to the Comptroller General Information necessary to review all such transactions; and (3) to hold public hearings for deciding the appropriate use of the closed installation. Outlines actions to be taken by the Secretary if an entity fails to comply with any such condition. Directs the Comptroller General to review transactions under this Act. Authorizes appropriations.
Bill· SS. 1629 (102nd)referred
United States · United States Congress · 2 August 1991
Communities Impacted by Base Closure Assistance Act of 1991 - Directs the Administrator of General Services to take jurisdiction over that part of the real property of a closed military installation which is suitable for transfer as soon as possible after the Secretary of Defense closes such installation. Requires the Administrator, within six months after assuming such jurisdiction, to offer title to such property to the local community affected by the closure of such installation. Requires any property which was originally donated to the United States to first be offered to the entity that made such donation. Provides that if the local community refuses such property (or fails to accept such property within six months), the Administrator shall offer the property successively to the county involved, the State of the installation, other Federal departments and agencies, and the highest bidder. Provides for the disposition of property located in more than one local community or county. Authorizes the Administrator to sever from any real property of a closed military installation that property which is suitable for transfer. Requires the Administrator to include appropriate representatives of the local community in discussions and decisions concerning the disposition of a closed military installation. Requires the local community, county, or State receiving such property to agree: (1) to pay the United States 25 percent of the proceeds from any sale of the property within five years after the date of conveyance; (2) to make available to the Comptroller General information necessary to review all such transactions; and (3) to hold public hearings for deciding the appropriate use of the closed installation. Outlines actions to be taken by the Administrator if an entity fails to comply with any such condition. Directs the Comptroller General to review transactions under this Act. Authorizes appropriations.
Bill· SS. 1691 (102nd)referred
United States · United States Congress · 2 August 1991
Federal Prison Industries Competition in Contracting Act - Amends the Federal criminal code to require that: (1) a decision by Federal Prison Industries (FPI) to produce a new prison-made product or to expand the production of an existing product be made by the Board of Directors of FPI (the Board) in conformance with the public notice and comment requirements of the Administrative Procedure Act; and (2) the corporation prepare and furnish to the Board a detailed analysis of the probable impact on industry and free labor of any proposal to authorize the production and sale of a new prison-made product or to expand production of a currently authorized product (such proposal). Requires such analysis to identify and consider factors including: (1) the number of vendors that currently meet Federal requirements for the specific product; (2) the proportion of the Federal market for the product currently furnished by small and disadvantaged businesses and businesses in labor surplus areas during the previous three fiscal years; (3) the share of the Federal market for the product projected for FPI for the fiscal year in which production will commence (or expand) and the subsequent three fiscal years; (4) whether the industry producing the product in the private sector has an unemployment rate higher than the national average, a rate of employment for production workers that has consistently shown an increase during the previous five years, or has an import to domestic production ratio of 25 percent or greater; (5) whether the specific product is an import-sensitive product; (6) the projected growth in the Government for the specific product and the capability of such demand to sustain both FPI and private vendors; and (7) whether authorizing the production of the new product will provide inmates with the maximum opportunity to acquire knowledge and skill in trades and occupations that will provide them with a means of earning a livelihood upon release. Bars the Board from approving such proposal if the product is: (1) produced in the private sector by an industry which has reflected during the previous year an unemployment rate above the national average; or (2) an import-sensitive product. Directs the Board to: (1) give additional notice of such proposal in a publication designed to most effectively provide notice to private vendors and labor unions representing private sector workers who could reasonably be expected to be affected by approval of such proposal; (2) solicit comments on the analysis required under this Act from trade associations representing private sector workers who could reasonably be expected to be affected by its approval; and (3) afford an opportunity, upon request, for a representative of private industry to present comments on such proposal directly to the Board. Requires the corporation to provide the Board with its recommendations regarding action on the proposal, taking into consideration the comments received. Requires: (1) the various Federal departments and agencies (agencies) to offer to purchase from FPI any product authorized to be offered for sale and listed in the UNICOR Schedule of Products (whenever it has a requirement for an FPI product); and (2) FPI to publish and periodically revise such Schedule. Sets forth provisions with respect to the solicitation of offers from FPI and contract awards to FPI on either a competitive or sole source basis. Prohibits the cancellation or withdrawal of a solicitation solely for the purpose of affording an agency buying activity the opportunity to enter into noncompetitive negotiation with FPI unless the Attorney General determines that FPI cannot reasonably expect to receive the contract award on a competitive basis and that such award is necessary to: (1) maintain work opportunities otherwise unavailable at the penal facility at which the contract is to be performed to prevent circumstances that could reasonably be expected to significantly endanger the safe and effective administration of such facility; or (2) permit diversification into the labor-intensive manufacture of a specific product that has been approved by the Board. Specifies that: (1) a timely offer received from FPI shall be considered eligible for award (even if the competition is restricted); and (2) FPI shall be required to perform its contractual obligations to the same extent as any other contractor. Repeals a provisions under which any dispute relating to the price, quality, character, or suitability of FPI products shall be arbitrated by a board consisting of the Comptroller General of the United States, the Administrator of General Services, and the President, or their representatives. Specifies that: (1) a decision by a contracting officer regarding the award of a contract to FPI or relating to the performance of such contract shall be final, unless reversed on appeal (but authorizes the Director of FPI to appeal to the head of a Federal agency an adverse determination made by a contracting officer, in which case the decision of such agency head shall be final); and (2) a dispute between FPI and a buying activity regarding contract performance shall be subject to final resolution by the board of contract appeals having jurisdiction over the buying activity's contract performance disputes under the Contract Disputes Act of 1978. Requires that the amendments made by this Act be implemented through modifications to the Federal Acquisition Regulation (FAR) within 180 days. Makes FAR subject to provisions of the Office of Federal Procurement Policy Act (which assure publication in the Federal Register and the opportunity for public comment before the promulgation of a final regulation). Requires each Federal agency reporting to the Federal Procurement Data System through the General Services Administration to report all acquisitions from FPI. Amends the Federal criminal code to require the Board, in its annual report to the Congress, to include: (1) an analysis of the corporation's total sales for each specific product sold to Federal agencies, the total purchases by each agency of each specific product, the corporation's share of such total Government purchases by specific product, and the number and disposition of disputes submitted to agency heads; (2) an analysis of the inmate workforce, including the number of inmates employed, the number and percentage of employed inmates by the term of their incarceration, and the various hourly wages paid to inmates employed with respect to the production of the various specific products authorized for production and sale; and (3) data concerning employment obtained by former inmates upon release to determine whether the employment provided by FPI during incarceration provided such inmates with knowledge and skill in a trade or occupation that enabled such former inmate to earn a livelihood upon release. Directs that copies of such annual report be made available to the public at a price not to exceed the cost of printing. Authorizes the Department of Defense (DOD) to count toward the attainment of the goal set out in the National Defense Authorization Act for Fiscal Year 1987 for participation by small disadvantaged businesses, historically Black colleges and universities, and minority institutions in DOD contracting opportunities, the value of any purchase of supplies or services made by FPI from an entity described in such Act for the performance of a contract with DOD.
Bill· SS. 1627 (102nd)referred
United States · United States Congress · 2 August 1991
Veterans Dignity in Health Care Act of 1991 - Directs the Secretary of Veterans Affairs to ensure that any veteran who is furnished hospital, nursing home, or domiciliary care in a Department of Veterans Affairs (Department) facility shall be entitled to purchase and consume tobacco products there. Requires the Department to maintain, and veterans being treated to have access to: (1) a commissary or canteen for the purchase of such products; and (2) a suitable indoor area for consumption of the products.
Law· HRH.R. 3201 (102nd)open
United States · United States Congress · 2 August 1991
Emergency Unemployment Compensation Act of 1991 - Establishes an emergency unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of emergency unemployment compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of emergency benefits equal to regular benefits. Authorizes a State Governor, in a period of a seven or eight percent total unemployment rate in that State (as defined under this Act), to elect to trigger off an extended compensation period to provide emergency unemployment compensation to individuals who have exhausted their rights to regular compensation under State law. Requires a State, under such an agreement, to establish an emergency unemployment compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that the applicable limit in such account shall be equal to: (1) 20 for an eight-percent period, i.e. one triggered by a total unemployment rate (TUR) of eight percent or more in the State, seasonally adjusted, for the most recent three months with available data; (2) 13 for a seven-percent period; (3) seven for a six-percent period; and (4) four for any other period. Sets forth special rules relating to such applicable limits. Requires reduction in such account by the amount of extended benefits received by the individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. Sets the weekly benefit amount at the amount of regular compensation (including dependents' allowances) payable under the State law to the individual for such week for total unemployment. Provides for determination of periods and applicable triggers. Provides, in general, that no emergency unemployment compensation shall be payable to any individual under this Act for any week beginning: (1) before the later of September 1, 1991, or the first week following the week in which an agreement under this Act is entered into; or (2) after July 4, 1992. Sets forth transition and reachback provisions for the eligibility of certain individuals for such benefits. Provides for payments to States having such agreements for emergency unemployment compensation. Sets forth financing provisions. Requires that funds in the extended unemployment compensation account of the Unemployment Trust Fund be used to make payments to States having agreements under this Act. Sets forth provisions relating to fraud and overpayments. Defines the eligible period under this Act. Provides that in no event shall an individual's period of eligibility include any weeks after the 39th week after the end of the benefit year for which the individual exhausted rights to regular compensation or extended compensation. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the Armed Forces. Reduces the length of required active duty by reserves for purposes of such payment. Amends the Social Security Act to establish an Advisory Council on Unemployment Compensation. Directs the Secretary of Labor to establish such a Council by February 1, 1992, and every fourth year thereafter. Requires each such Council to evaluate the unemployment compensation program. Sets forth membership and staff provisions. Requires each Council to report to the President and the Congress by February 1 of the second year following the year in which it is required to be established. Requires the first Council report to include findings and recommendations on determining eligibility for extended unemployment benefits on the basis of unemployment statistics for regions, States, or subdivisions of States. Designates as emergency requirements, pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Holling Act) all direct spending amounts provided, and all appropriations authorized by this Act (for all fiscal years). Provides that this Act shall not take effect unless, by its enactment date, the President submits to the Congress a written designation of all such direct spending amounts and authorized appropriations as such emergency requirements.
Bill· HRH.R. 3236 (102nd)open
United States · United States Congress · 2 August 1991
Extends the presumption of service-connection, for purposes of eligibility for veterans' benefits and medical care, in the case of exposure to ionizing radiation, to include reserve members exposed to such radiation during active and inactive duty training. Expands the list of diseases presumed to be service-connected in the case of exposure to ionizing radiation to include cancer of the salivary tract and cancer of the urinary tract. Terminates the current presumptive period (the maximum period allowed before manifestation of the illness or disease occurs in order to be presumed to be service-connected and, therefore, covered as a veterans' benefit) of 40 years after participation in the radiation-related activity (30 years in the case of leukemia). Amends the Veterans' Dioxin and Radiation Exposure Compensation Standards Act to direct the Secretary of Veterans Affairs to establish guidelines and standards for the resolution of claims for benefits where a claim is based on a veteran's exposure to ionizing radiation. Directs the Secretary, in consultation with the Secretary of Defense, to identify not less than three activities in which individuals serving on active duty, or active or inactive duty training, have participated and which likely would have exposed such individuals to levels of ionizing radiation above background levels. Requires the Secretary to identify at least three additional activities no later than the beginning of FY 1993 through 1995. Requires the Secretary, immediately after identifying such an activity, to direct the Veterans' Advisory Committee on Environmental Hazards to evaluate and make a finding as to whether participation in such activity resulted in potentially harmful exposure to ionizing radiation. Requires reports from the Committee and the Secretary concerning such activities. Directs the Secretary to list each ionizing radiation exposure identified, unless the Secretary determines that the activity did not result in an opportunity for potentially harmful exposure to ionizing radiation.