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Bill· HRH.R. 3229 (102nd)referred
United States · United States Congress · 2 August 1991
U.S. Health Service Act - Title I: Establishment and Operation of the United States Health Service - Part A: Initial Organization - Establishes, as an independent entity within the executive branch, the United States Health Service (Service). Vests authority of the Service in the appropriate National Health Board and area health boards. Grants the Service the power of eminent domain. Directs the President to: (1) appoint 21 individuals to serve as members of the Interim National Health Board of the Service; and (2) designate two nominees as chairperson and vice chairperson of the Interim National Board. Declares that the members of the Interim National Board shall serve until the National Health Board holds its initial meeting in accordance with certain provisions of this Act. Sets forth the duties of the Interim National Board. Authorizes appropriations. Part B: Organization of Area Health Boards - Requires the Interim National Board to establish health care delivery regions throughout the United States which meet specified requirements. Sets forth procedures regarding election and appointment of members and certain officers of: (1) interim national, interim regional, and interim district health boards; and (2) initial and subsequent national, regional, district, and community health boards. Requires the National Health Board (National Board) to modify the boundaries of each health care delivery region after each census and at such other times as it deems necessary, provided such modification is approved in a referendum of registered users residing in an area whose regional identification would be changed by such modification. Requires each regional board, in certain circumstances, to review the appropriateness of district and community boundaries. Allows regional boards to modify such boundaries in certain circumstances, provided modification is approved in a referendum. Part C: General Provisions Regarding Health Boards - Sets forth the membership and terms of office of health boards. Provides for recall of board members for specified reasons and for filling vacancies on health boards. Provides for the manner of conducting meetings of health boards and for the compensation of members of the National Board and compensation of and payment of expenses for members of other health boards. Sets forth procedures for the establishment by the National Board of guidelines and standards required by or in furtherance of the objectives of this Act. Requires each regional board to provide orientation, education, and technical assistance to district and community boards. Requires the appropriate national board to provide such assistance to regional boards. Title II: Delivery of Health Care and Supplemental Services - Part A: Patients' Rights in Health Care Delivery - Requires the Service to ensure that every user is given the right to receive high quality care and supplemental services without charge and without discrimination. Sets forth a list of other basic health rights. Amends the Fair Labor Standards Act of 1973 to entitle certain employees to health leave compensation, subject to specified exceptions which exist in current law as exceptions to minimum wage and maximum hours provisions. Part B: Eligibility for, Nature of, and Scope of Services Provided by the Service - Declares all individuals, while within the United States, to be eligible to receive health care and supplemental services under this Act. Excludes personal comfort or cosmetic services unless they are necessary for health-related reasons. Requires the Service to provide in the United States specified services in or through facilities established by the Service. Prohibits the Service from providing such services in a region, district, or community other than under the auspices of a regional, district, or community board established in accordance with this Act. Requires the Service to provide specified supplemental services in or through health care facilities established by the Service. Provides for reimbursement by the Service of the cost of emergency health care services under certain circumstances. Part C: Health Care Facilities and Delivery of Health Care Services - Requires each community board to establish and maintain such health care facilities as are necessary for efficient and effective delivery of comprehensive primary health care services, specialized health care services, special services, and community-oriented health measures which are provided, as much as possible, through a single comprehensive health center. Requires each district board to establish and maintain in its district a general hospital, such other health care facilities as are necessary, and such health care services of a specialized nature as may be provided most effectively and efficiently at the district level. Requires each regional board to establish and maintain: (1) a regional medical facility for highly specialized health care services; (2) health care and supplemental services for individuals whose needs cannot be met by community or district boards; and (3) such other facilities as are necessary. Requires each area health board to: (1) hire health workers; (2) purchase or lease necessary premises; and (3) seek to minimize fragmentation and duplication in delivery of health care. Requires each regional board to provide for affiliation and coordination within its region and with adjacent regions. Requires the National Board to establish guidelines for distribution and coordination of the delivery of health care services and plan and transition to the new facilities for affected workers. Requires regional boards, if a community or district board fails to provide health services, to provide the services. Requires each health board to establish policies and organizational plans consistent with provisions of this Act. Requires such boards, in establishing, implementing, and modifying such policies and plans, to seek participation of affected workers and users. Provides for a health board, if it determines that it cannot itself effectively manage the operation of all facilities, to establish a health care facility board or boards. Specifies elements to be provided for in the policies and organizational plans established by health boards. Prohibits a health board, on and after three years after the effective date of health services, from permitting its health care facilities to be used for the private delivery of health services. Prohibits individuals employed by a health board from engaging in the private delivery of health services. Requires each health board to ensure that health facilities it operates which provide outpatient services are open during hours which permit all users to make use of such services. Sets forth requirements for facilities providing inpatient services for 30 continuous days or longer. Requires each health board to provide that, at least once each year, the inpatients of facilities providing inpatient services for 30 continuous days or longer shall elect, from among themselves and representatives of certain user associations, a review committee of not less than three members. Provides for recall and proxies with respect to such committees. Requires various health boards to conduct regular inspections of specified facilities. Requires area health boards to provide: (1) contraception information and materials; (2) evaluation and treatment for venereal diseases and diseases of the reproductive organs; (3) information and counseling regarding pregnancy, child bearing, and possible genetically induced anomalies; (4) pregnancy testing; (5) prenatal services; (6) abortion services; and (7) counseling by women for specified services and counseling by men for specified services. Requires all such services to be delivered without coercion or harassment, with confidentiality, and without prior approval of individuals other than the individual receiving the services. Requires that individuals be permitted to be accompanied by a person of their choice during the provision of such services, subject to exception. Sets forth restrictions and requirements for informed consent regarding: (1) treatments or procedures which could affect an individual's reproductive capacity; and (2) mastectomy or other breast cancer treatment. Requires that women giving birth have the right to choose from a complete range of childbirth options. Title III: Health Labor Force - Part A: Job Categories and Certification - Declares that, notwithstanding State laws to the contrary, the Service shall be the sole judge of the qualifications of its employees. Requires each area health board to insure that work is performed by certified health workers. Mandates health boards to provide for periodic review and assessment of competency. States that area health boards shall provide opportunities for assessment and certification of skills required for advancement. Requires the National Board to establish guidelines for classification, certification, and employment of health workers. Requires that such guidelines: (1) permit alternative approaches to healing, when such approaches have not been shown to be injurious to health; (2) have both flexibility and uniformity to meet stated objectives; and (3) require that each health worker employed by a community board work part of the time in a facility operated by a district or regional board and each health worker employed by a district or regional board work part of the time in a health care facility operated by a community board. Mandates that the National Board periodically evaluate job categories and certification practices established by area health boards and assist regional boards in applying certain guidelines. States that each regional board, for job categories requiring advanced specialty training, shall establish certification standards which contain certain specifications made by the National Board. Requires recognition of training, experience, and performance undertaken or demonstrated before the establishment of health team schools under part B of this title. Requires each board to periodically review, supplement, modify, or eliminate such standards. Part B: Education of Health Workers - Requires each regional board, in consultation with community and district boards, to establish a health team school (school) to provide initial and continuing basic education in health care delivery and initial and continuing advanced education in health care specialties and health science specialty fields. Allows for collaboration between adjacent regions conducting joint educational programs. Requires that the schools be funded exclusively by the Service, prohibits them from charging or accepting tuition or fees, and requires them to provide each student with an allowance for living expenses, educational supplies, and any child care. Sets forth the principles under which the schools are required to be operated and maintained. Requires the National Board to establish guidelines for the application of such principles and for the phased integration of existing health worker education programs into the schools. Requires each regional board to establish and implement for the school: (1) admissions policies with certain required elements; (2) curriculum policies with stated elements; (3) faculty hiring procedures which will create a faculty which approximates the population of the region by race, sex, and language; and (4) a governance plan for the management of its school which gives significant decision making powers to staff and students. Prohibits enrolling any individual unless the individual agrees to perform health care services as an employee of the Service, in a job category for which training is being provided, for a period of time equal to the period of enrollment, but not less than two years, and subject to other terms and conditions. Entitles the Service, if an individual fails to start or fails to complete such service, to recover damages. Cancels payment of damages upon the death of the individual. Allows waiver or suspension of the obligation of service or payment if compliance is impossible or would involve extreme hardship and if enforcement would be unconscionable. Limits discharge of such obligation under bankruptcy. Mandates that each area board periodically assess the ratio of the health workers employed by the board in each job category to the number of residents in the area. Gives priority in hiring individuals obligated to perform service to health worker shortage areas and, as a second level of priority, to the regional, district, or community board for the region, district, or community in which the program was completed. States that the National Board shall establish a program to match the preferences graduates have for locations with the needs and preferences of various boards. Requires the National Board to make payments of principal and interest on certain loans incurred by individuals for an educational program in health care delivery, health care specialties, or health science fields which is outstanding on the day that individual begins to work for the Service. Establishes a schedule for such payments. Part C: Employment and Labor-Management Relations Within the Service - Requires health boards to employ, classify, and fix the salaries and benefits of all employees of the Service. Mandates that the appropriate National Board provide for: (1) employment and promotion in the Service in the same manner as under the Federal civil service system; (2) opportunities for advancement; (3) use of work time for continuing education without loss of pay or other rights; and (4) hearings on adverse actions. States that health boards shall give hiring preference to individuals employed as health workers before enactment of this Act. Requires the National Board to ensure that all such individuals desiring employment in the Service find appropriate employment in the Service. Declares employees of the Service eligible for promotion or transfer to any position in the Service for which they are qualified. Mandates that each regional board establish and maintain a job placement service. Places restrictions on hiring relating to the: (1) ratio of health workers to residents; and (2) existence of a health worker shortage area in the same region. Declares that employees of the Service are covered by specified Federal laws relating to adverse actions, compensation for work injuries, civil service retirement, and withholding of pay for the Civil Service Retirement and Disability Fund, subject to exceptions relating to collective bargaining agreements and conditioned on approval by the Office of Personnel Management. Declares sick and annual leave and compensatory time of employees of the Service, whether accrued prior to or after the commencement of operations of the Service, to be obligations of the Service. Requires compensation, benefits, and other terms and conditions of employment to be the same on the effective date of health services as for Federal Government employees until changed by the Service. Makes specified provisions of Federal law relating to unemployment compensation and life insurance apply to employees of the Service unless modified. Prohibits changes in fringe benefits which result in a program which is less favorable to employees of the Service than fringe benefits for employees of the Federal Government on the effective date of health services. Declares that the provisions of the National Labor Relations Act shall apply to the Service and its employees, subject to specified exceptions. Declares that provisions of Federal law relating to participation in a strike shall not apply to employees of the Service. Authorizes provisions in collective bargaining agreements between the Service and its employees regarding procedures for the resolution of grievances and adverse actions, including binding third-party arbitration. Amends the Labor-Management Reporting and Disclosure Act of 1959 to include the Service in the definition of the term "employer" under that Act. Provides that the remedies provided by stated Federal laws regarding jurisdiction and tort claims shall be exclusive of any other civil action or proceeding. Directs the Attorney General to defend any such action or proceeding. Provides, in certain circumstances, for removal and remanding of cases between State and Federal courts and for suspensions of specified limitations of time. Authorizes the Attorney General to compromise or settle such cases as provided in specified Federal law. Declares that assault or battery arising out of negligence in various health care functions is not an exception under specified Federal law to tort claims and jurisdiction provisions of Federal law. Authorizes the National Board to hold harmless or provide liability insurance for any employee of the Service under certain circumstances. Title IV: Other Functions of Health Boards - Part A: Advocacy, Grievance Procedures, and Trusteeships - Requires each area health board to establish a program of health advocacy with specified elements. Requires the National Board to establish a health rights legal services program, for users and health workers, providing specified elements. Requires each appropriate regional board to provide that any user, health worker, user association, or specified health board may commence grievance proceedings before specified health boards with respect to alleged violations of this Act. Provides for review of adverse decisions. Prohibits commencement or continuation of such review when suit is filed. Provides procedures for handling such grievances. Authorizes, in certain circumstances, the entity before which a grievance proceeding is commenced or reviewed to: (1) set aside an election of a community board and require a new election; and (2) if not involving a community board, require that a new election be conducted or a new appointment be made. Requires such entity to transfer such functions as necessary to the appropriate higher health board until a new election is conducted or a new appointment is made. Authorizes a health board which receives functions under such a transfer to appoint a trustee or trustee committee to carry out transferred functions. Part B: Occupational Safety and Health Programs - Requires the National Board to oversee occupational safety and health programs conducted at the regional level and to participate in the establishment and administration of occupational safety and health standards under the Occupational Safety and Health Act of 1970, with the advice and comments of regional occupational safety and health action councils established under this Act. Amends the Occupational Safety and Health Act of 1970 to substitute references to the National Health Board for references to the Secretary of Health and Human Services throughout such Act, with one specified exception. Adds references to the National Health Board to existing provisions in such Act regarding promulgation, modification, and revocation of safety and health standards. Ends responsibility of the Secretary of Health and Human Services for prescribing rules and regulations to carry out such Secretary's responsibilities under that Act. Adds a reference to consultation with the National Board to existing provisions relating to: (1) exemptions from required provisions on account of national defense; (2) conditions for approval of State safety and health plans; and (3) access to safety and health records and reports required of Federal agencies. Ends the authorization under a specified provision of such Act for the Secretary of Health and Human Services to prescribe regulations requiring employers to measure, record, and make reports on employees' exposure to certain substances or agents. Requires the National Board to establish guidelines for: (1) its participation in the establishment and administration of safety and health standards; (2) the election of community occupational safety and health action councils; (3) the establishment of regional occupational safety and health programs; (4) the establishment and operation of work place health facilities; and (5) the provision of assistance by various health boards to various safety and health councils, and to work place safety and health committees. Requires each community board to provide for the operation of a community occupational safety and health action council (COSHAC). Gives a formula for election of the members of COSHACs. Specifies the duties of each COSHAC. Requires each regional board to establish an occupational health and safety program for its region with specified elements, including staffing and supporting the operation of the regional occupational safety and health action council (ROSHAC). Specifies the responsibilities of each ROSHAC. Requires the employer in each work place to establish and maintain a health facility in or near the work place to meet occupational and emergency health care needs of employees, to be operated either by the community board or by the employer, and the cost, in either case, to be borne by the employer. Grants employees in each work place having 25 or more employees the right to establish work place occupational safety and health committees. Grants the members of such committees rights to engage in certain activities relating to inspections without loss of pay or other job rights. Authorizes employees to monitor conditions and to remove themselves from the site of any hazard without loss of pay or other job rights. Requires employers to minimize hazards and furnish employees with or reimburse employees for needed equipment or clothing. Specifies rights of employees regarding: (1) inspection of medical records maintained by their employers; (2) provision to employees of copies of all reports, studies, and data concerning health and safety in that work place; and (3) the seeking, through collective bargaining, of standards more restrictive than those established under the Occupational Safety and Health Act of 1970. Part C: Health and Health Care Delivery Research - Requires the Service to conduct a program of research concerning health and health care delivery. Transfers the National Institutes of Health from the Department of Health and Human Services to the National Health Board. States that the National Board shall establish five new national institutes: Epidemiology, Evaluative Clinical Research, Health Care Services, Pharmacy and Medical Supply, and Sociology of Health and Health Care. Specifies the duties of each such institute. Part D: Health Planning, Distribution of Drugs and Other Medical Supplies, and Miscellaneous Functions - Requires each area board to collect data on supply and demand regarding health workers and health care delivery. Requires each regional board to coordinate the planning and administration of health care delivery, health worker education, and health research in its region. Requires the National Board to formulate one-year and five-year national plans and budgets. Requires the National Board, after consultation with regional boards, to publish, and regularly update, a National Pharmacy and Medical Supply Formulary. Specifies the contents of the Formulary. Requires each regional board to establish a program for the purchase and distribution of drugs and other medical supplies. Authorizes the National Board to establish and operate drug and medical supply manufacturing facilities in certain circumstances. Requires the National Board to publish an annual report and a comprehensive dictionary of terms used in health care records and services maintained or provided by the Service. Title V: Financing of the Service - Part A: Health Service Taxes - Amends the Internal Revenue Code to add a new part imposing on individuals and corporations an additional tax of specified percentages of the normal tax and surtax imposed by a specified section of such code. Ends the income tax exclusion from gross income of amounts paid by third parties for medical care. Excludes from gross income employer contributions to accident or health plans to the extent that such contributions do not provide for health care available to such employees under the Health Service Act. Prohibits income tax deductions for: (1) health care expenses as a trade or business expense; and (2) contributions to certain medical and hospital facilities. Repeals provisions of the Internal Revenue Code relating to: (1) medical and dental expenses; (2) hospital insurance tax imposed on employment and self-employment income; and (3) receipts for railroad employees. Declares that no contractual or other nonstatutory obligation of any employer to pay or provide for health care for present or former employees and their dependents and survivors shall apply on or after the effective date of health services under this Act to the extent such individuals are eligible to receive such services under this Act. Prohibits Federal, State, or private worker compensation programs from paying for or providing any health care on or after the effective date of health services under this Act to the extent such care is available under this Act. Part B: Health Service Trust Fund - Creates in the Treasury the Health Service Trust Fund (Trust Fund). Appropriates to the Trust Fund amounts equal to 100 percent of the expected net receipts from specified provisions of the Internal Revenue Code. Appropriates to the Trust Fund a Government contribution equal to 40 percent of the amount appropriated under such 100 percent provision. Transfers to the Trust Fund all assets and liabilities of the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Creates the Board of Trustees of the Trust Fund. Requires the investment of specified portions of the Trust Fund. Extends the purposes for which obligations of the United States may be issued under the Second Liberty Bond Act, to authorize the issuance at par of public debt obligations for purchase by the Trust Fund. Part C: Preparation of Plans and Budgets - Requires the National Board to annually fix the maximum amount of funds which may be expended from the Trust Fund during the fiscal year. Specifies criteria to be considered in determining such amount's maximum value. Authorizes the National Board to refix such maximum amount in certain circumstances. Authorizes the National Board to exceed such maximum amount as necessary because of epidemic, disaster, or other occurrence which was not and could not have been planned for. Authorizes the National Board to allocate, in addition to such maximum amount, funds borrowed under specified provisions of this Act. Requires each community, district, and regional board to annually submit fiscal year and five-year plans and budgets to the next higher level health board. Requires plans and budgets to be prepared in consultation with appropriate users, health workers, and health boards. Part D: Allocation and Distribution of Funds - Requires the National Board to annually transmit to regional boards a national health budget dividing the total funds available into funds for ordinary operating expenses, preventive health measures, capital expenses, research expenses, and special operating expenses. Requires funds for ordinary operating expenses, preventive health measures, and research expenses to be allocated to the regional boards on the basis of population. Requires funds for capital expenses to be allocated according to stated criteria. Declares the budget submitted to the regional boards by the National Board to be adopted upon the approval by a majority of the regional boards. Sets forth requirements, similar to those for the national health budget, for preparation and adoption of regional and district budgets. Defines "special operating expenses" to mean operating expenses associated with: (1) care and treatment for users 65 years of age and older; (2) care and treatment of persons confined to full-time residential institutions, including nursing homes and facilities for the treatment of mental illness; (3) the special health care needs of low-income users; (4) the special health care needs of rural users; (5) special health care needs arising from environmental or occupational health conditions; (6) special health care needs arising from unexpected occurrences, including epidemics and natural disasters; and (7) the conduct of environmental health inspection and monitoring services. Sets forth rules for allocation of special operating expenses. Requires funds allocated under the national health budget to be distributed by the National Board from the Trust Fund. Prohibits health boards from requesting or receiving funds from any other source. Sets forth rules regarding: (1) distribution of funds in the absence of an adopted budget; (2) maintenance of separate accounts by area boards; (3) payment of area health boards; and (4) allocation of supplementary funds required by events occurring or information acquired after initial allocations. Authorizes area boards to retain unused funds for two years following receipt. Requires any funds unexpended after such time to be returned to the Trust Fund. Mandates annual financial statements by area health boards. Grants the National Board and the Comptroller General of the United States, for the purpose of audits, access to any books, documents, papers, and records related to the operation of the Service. Part E: General Provisions - Authorizes the National Board to borrow money and to issue and sell obligations as necessary for this Act, but only in amounts specified in appropriations Acts. Limits the aggregate amount of such obligations outstanding at any one time. Authorizes the National Board to pledge the assets of the Trust Fund and pledge its revenues and receipts for various purposes related to such obligations. Authorizes the National Board to enter into a variety of covenants as necessary or desirable to enhance the marketability of such obligations. Declares that such obligations: (1) shall be negotiable or nonnegotiable, bearer or registered; (2) shall contain a recital that they are issued under a specified provision of this Act; (3) shall be lawful investments; (4) shall be exempt from State taxes; and (5) shall not, subject to exception, be obligations of the U.S. Government. Requires the National Board to advise the Secretary of the Treasury of the proposed sale of obligations. Authorizes such Secretary to elect to purchase the obligations. Authorizes the National Board, if the Secretary elects not to buy such obligations, to issue and sell them to a party or parties other than the Secretary, upon notice to the Secretary and consultation regarding various terms and conditions. Empowers the National Board to require the Secretary of the Treasury to purchase obligations of the Service. Prohibits any required purchase which would result in a holding by the Secretary in excess of a specified amount. Makes obligations issued by the Service obligations of the U.S. Government under certain circumstances. Authorizes the Secretary of the Treasury, for the purpose of any purchase of the obligations of the Service, to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. Extends the purposes of such Act to include any purchases of the obligations of the Service under this part. Title VI: Miscellaneous Provisions - Repeals, on the effective date of health services, the Public Health Service Act, except for specified provisions relating to: (1) its short title and definitions; (2) licensing, quarantine, and inspections authority; and (3) safety of public water systems. Delays, until four years after the effective date of health services, repeal of portions of the Public Health Service Act regarding provision of assistance to educational institutions and their students, in areas which have not established health team schools under part A of title III of this Act. Repeals specified provisions of the Social Security Act relating to maternal and child health, Medicare, Medicaid, professional standards review, entitlement to hospital insurance benefits, uniform health reporting systems, limitation on Federal participation for capital expenditures, the program for determining qualification for certain health care personnel, disclosure of ownership and related information, disclosure of certain convictions, and payments to States for health care and supplemental services. Repeals specified provisions of Federal law relating to health insurance for Federal employees, medical benefits and programs relating to veterans, and the civilian health and medical program of the uniformed services. Repeals the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974, and a specified provision of the Comprehensive Drug Abuse Prevention and Control Act of 1970 relating to medical treatment of narcotic addiction. Repeals Federal law relating to hospitals, community hospitals, and other health facilities for Indians. Repeals the District of Columbia Medical Facilities Construction Act of 1968 and the District of Columbia Medical and Dental Manpower Act of 1970. Repeals specified provisions of the National Housing Act relating to mortgage insurance for nursing homes, hospitals, and group practice facilities. Repeals the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, the Family Planning Services and Population Research Act of 1970, the National Arthritis Act of 1974, and the National Diabetes Mellitus Research and Education Act. Repeals specified provisions of the Lead-Based Paint Poisoning Prevention Act relating to grant, demonstration, and research programs for lead-based paint poisoning prevention. Repeals the Act of March 2, 1897, relating to tea importation. Repeals specified provisions of the Occupational Safety and Health Act of 1970 relating to the National Institute for Occupational Safety and Health. Requires the President to prepare and submit to the Congress legislation to repeal or amend provisions of laws which are inconsistent with this Act, including the transfers of authority of the Secretary of Health and Human Services, under specified provisions of Federal law, to the Service. Sets forth various requirements regarding review and reporting to the President and the Congress concerning how the Service is carrying out the purposes of the various programs authorized to be conducted by provisions repealed by this Act. Transfers to the Health Service Trust Fund amounts appropriated to carry out the purposes of any law repealed by this Act. Provides transition rules regarding contracts entered into or rights or obligations arising before the effective date of such repeals. Amends the Budget and Accounting Act, 1921 to require that each budget submitted by the President set forth items relating to the Health Service Trust Fund separately from other operations of the Government. Declares that, if any provisions of this Act are declared invalid, the remainder of the Act shall not be affected.
Bill· HRH.R. 3209 (102nd)referred
United States · United States Congress · 2 August 1991
Federal Employee Reservist Benefit Extension Act of 1991 - Entitles civilian employees of the Federal Government ordered to active duty as a member of a reserve component of the armed forces during the Persian Gulf Conflict to special pay equal to the amount by which their civilian pay exceeds their military pay. Provides that if a career Senior Executive Service appointee performs any military service for which such special pay is applicable, that period of military service shall be disregarded in determining: (1) the due date for meeting recertification requirements; (2) the period for meeting recertification after being conditionally certified; and (3) the period permitted for filing appeals of certification questions with the Merit Systems Protection Board. Permits such employees to elect to participate in, and to make retroactive contributions to, the Thrift Savings Plan. Outlines other rights and benefits, including continued eligibility for life insurance and health benefits.
Bill· HRH.R. 3255 (102nd)referred
United States · United States Congress · 2 August 1991
Gulf War Compensation Act of 1991 - Authorizes the President to direct that any property of the Government of Iraq blocked pursuant to a specified executive order shall vest in the United States and be sold or otherwise liquidated. Provides for the deposit of funds acquired from such sales or liquidations in the general fund of the Treasury. Authorizes appropriations to carry out this Act in amounts up to: (1) amounts deposited in the fund and income from investments of such amounts; and (2) amounts of payments of interest and principal on loans made to small businesses under this Act. Authorizes appropriations for: (1) disaster relief and rehabilitation assistance for Iraqi refugees and other persons in the Persian Gulf region displaced as a result of the Persian Gulf conflict; (2) the U.S. contribution to the United Nations Children's Fund for emergency humanitarian assistance for such individuals; and (3) assistance to countries for the reconstruction of property damaged by the Iraqi armed forces during the Persian Gulf conflict. Makes amounts under this Act available to the Administrator of the Small Business Administration for making loans to small business concerns that are: (1) owned and controlled by reservists and that have suffered economic injury as a result of the service of such reservists on active duty on or after August 1, 1990; or (2) located in the vicinity of a military installation and that have suffered economic injury as a result of an emergency deployment, occurring on or after such date, of at least 10,000 individuals comprising at least 60 percent of the personnel normally assigned to the installation. Limits the aggregate outstanding amount of loans and the amount of loans to any one borrower. Subjects such loans to the same conditions applicable to disaster loans made under the Small Business Act. Directs the Secretary of Veterans Affairs (VA), during FY 1992, to increase funding for: (1) the acquisition of equipment for Department of Veterans Affairs medical centers and for the National Cemetery System; (2) outpatient treatment; (3) the homeless chronically mentally ill veterans program; (4) the treatment of post-traumatic stress disorder and the training of individuals who treat veterans with such disorder; and (5) the study of the health effects of exposure to Kuwait oil fires set during the Persian Gulf conflict. Requires the Secretary of Labor, during FY 1992, to increase funding for: (1) veterans' employment programs under the Job Training Partnership Act; (2) the Transition Assistance Program and the Disabled Transition Assistance Program; (3) the National Veterans Training Institute; (4) employment of local veterans employment representatives; and (5) the Disabled Veterans Outreach Program. Increases the educational assistance allowance for survivors and dependents under Federal veterans' benefits provisions. Requires the Secretary of Health and Human Services to: (1) conduct a research and epidemiological study of the adverse health effects resulting from exposure to the Kuwaiti oil fires set during the Persian Gulf conflict; (2) periodically consult with the Secretary of the VA to determine what changes in veterans' benefits would be necessary to respond to consequences of such exposure; and (3) periodically consult with the Kuwaiti Government and report to the Secretary of State to recommend services to respond to consequences of exposure of those residing in Kuwait. Authorizes appropriations. Amends the Congressional Budget Act of 1974 to raise certain discretionary spending limits during FY 1992 through 1995.
Bill· HRH.R. 3234 (102nd)referred
United States · United States Congress · 2 August 1991
Makes members and former members of the armed forces and their dependents who are entitled to Medicare benefits eligible for Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) benefits for health care outside the United States for which payment under Medicare is prohibited. (Currently, individuals entitled to Medicare benefits are not eligible for CHAMPUS benefits.)
Bill· HRH.R. 3213 (102nd)referred
United States · United States Congress · 2 August 1991
Commission on New World Order Economics and Governmental Affairs Act - Establishes the Commission on New World Order Economics and Governmental Affairs to evaluate the economic, political, and governmental institutions of the Soviet Union and Eastern European nations and to submit recommendations to the governments of such countries, at their request, relating to: (1) the manner in which economic institutions can be restructured to effectuate a market economy; (2) the extent to which military industries can be converted to the production of consumer products; (3) the extent to which government assets can be used to produce consumer products; and (4) the manner in which the political and governmental institutions can be restructured to promote democracy.
Bill· HRH.R. 3222 (102nd)referred
United States · United States Congress · 2 August 1991
Veterans' Hospice Services Act of 1991 - Directs the Secretary of Veterans Affairs to conduct a pilot program to: (1) assess the feasibility and desirability of furnishing hospice care to terminally ill veterans; and (2) determine the most efficient and effective means of furnishing such care. Directs the Secretary to designate 15 to 30 Department of Veterans Affairs medical facilities for such demonstration projects. Requires the Secretary to ensure that: (1) Department medical facilities conducting such projects include both urban and rural area facilities; (2) the full range of affilitation between medical facilities of the Department and medical schools is represented by the facilities selected to conduct such projects; and (3) such facilities vary in the number of beds they operate and maintain. Allows such hospice care to be accomplished by Department medical facilities and personnel by contract where inpatient services are provided by Department medical facilities, or by contract where inpatient services are provided by a non-Department medical facility. Allows such inpatient care to be provided at a facility not designated in the contract when the provision of such care at such other facility is necessary under the circumstances. Limits the amount paid for hospice care programs under this Act to the equivalent of hospice care payments under title XVIII (Medicare) of the Social Security Act. Allows the Secretary to pay in excess of such amounts for hospice care when the Secretary determines, on a case-by-case basis, that: (1) the furnishing of such care is necessary and appropriate; and (2) the amount paid under Medicare would not compensate the program for the cost of furnishing such care. Directs the Secretary, during the pilot program period, to designate not less than five Department medical facilities at which palliative care is being furnished to terminally ill veterans either by Department personnel and facilities providing such care or by Department personnel monitoring care provided by non-Department facilities. Directs the Secretary to ensure that terminally ill veterans who have been informed of their medical prognosis receive information relating to their eligibility for hospice care and services under Medicare. Directs the Secretary to submit annual reports to the Senate and House Veterans' Affairs Committees relating to the conduct of the pilot program and the furnishing of hospice care to terminally ill veterans under the demonstration projects. Requires the Secretary to also report to such committees an evaluation and assessment of the hospice care program, including information enabling the committees to fully evaluate the feasibility of furnishing palliative care to terminally ill veterans.
Bill· HRH.R. 3217 (102nd)referred
United States · United States Congress · 2 August 1991
Rescinds appropriations made available by the Department of the Interior and Related Agencies Appropriations Act, 1991 for: (1) Native Hawaiian Culture and Arts, to develop and stimulate sales of Native Hawaiian handicrafts; (2) planning and construction of certain Federal and non-Federal projects at America's Industrial Heritage Park, Pennsylvania; (3) construction of a museum at the Cordell Hull residence in Tennessee; (4) restoration of the Keith Albee Theatre, Huntington, West Virginia; and (5) rehabilitation of locomotive artifacts at Steamtown, Pennsylvania. Rescinds appropriations made available by the Department of Transportation and Related Agencies Appropriations Act, 1991, for: (1) a bicycle transportation project in Macomb County, Michigan; and (2) Biscayne Boulevard renovation in Miami, Florida. Rescinds appropriations made available by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1991 for a performing arts and cultural center in North Miami Beach, Florida. Rescinds appropriations made by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 for: (1) the International Fund for Ireland; and (2) the retirement of debt owed by the University of Central America to the Inter-American Development Bank. Rescinds appropriations made by the Legislative Branch Appropriations Act, 1991 for: (1) the layout of fitness facilities for House office buildings; (2) the upgrade of the Senate subway system; and (3) modular furniture for Senate office buildings. Rescinds appropriations made by the Rural Development, Agriculture, and Related Agencies Appropriations Act, 1991 for a fish farming station in Stuttgart, Arkansas. Rescinds appropriations made by the Department of Defense Appropriations Act, 1991 for the design and construction of a parliament building in the Solomon Islands.
Resolution· HRESH.Res. 213 (102nd)referred
United States · United States Congress · 2 August 1991
Expresses the sense of the House of Representatives that: (1) the appropriate House committees should conduct hearings on the political and social turmoil in Yugoslavia; (2) all nations and appropriate international bodies should assist in peacefully resolving the region's political differences and bringing an end to ethnic violence; (3) the use of force by the military or any citizen of Yugoslavia to further a political or ethnic agenda is detrimental to democratic reform; and (4) the Secretary of State should conduct briefings for the Congress relating to political and social developments in Yugoslavia.
Bill· SS. 1616 (102nd)referred
United States · United States Congress · 1 August 1991
Authorizes the Secretary of Veterans Affairs, upon receipt of a written application during any period for which the Secretary determines that it is administratively and actuarially sound for each program of insurance, to apply any National Service Life Insurance dividend credits and deposits of an insured to purchase paid up insurance. (Currently, such credits and deposits could be used in such manner upon application made by the insured before February 1, 1973.)
Bill· HRH.R. 3178 (102nd)open
United States · United States Congress · 1 August 1991
Directs the Secretary of Defense, before any action is taken with respect to the disposal or transfer of real property or facilities located at military bases to be closed or realigned, to: (1) identify all areas and facilities that are of exceptional natural or historic character; and (2) transfer such areas and facilities, without reimbursement and at the request of the Secretary involved, to the Secretary of the Interior for inclusion in the National Park System or the Secretary of Agriculture for inclusion in the National Forest System or, in the absence of a request, to the appropriate State or local government if such government agrees to preserve such areas and facilities as a park, historic site, or recreational area. Makes conforming amendments to the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990.
Bill· HRH.R. 3197 (102nd)referred
United States · United States Congress · 1 August 1991
Amends Federal law concerning Coast Guard personnel to direct the Secretary of the department in which the Coast Guard is operating to award a ten percent increase in retired pay to those Coast Guard officers cited for extraordinary heroism in the line of duty. Makes this Act retroactively applicable to any Coast Guard officer so cited. Outlines provisions concerning the computation of the increase for Coast Guard officers so cited who are retired before the effective date of this Act.
Bill· HRH.R. 3198 (102nd)referred
United States · United States Congress · 1 August 1991
Veterans Dignity in Health Care Act of 1991 - Grants veterans who are patients or residents in Department of Veterans Affairs (VA) medical centers, nursing homes, and domiciliaries the right to purchase and use tobacco products. Directs the Secretary of Veterans Affairs to ensure that: (1) each VA facility that maintains a commissary or canteen makes tobacco products available through, and provides patients or residents access to, the commissary or canteen; and (2) each VA facility maintains and provides patients or residents access to an indoor patient smoking area.
Bill· HRH.R. 3166 (102nd)referred
United States · United States Congress · 1 August 1991
Amends the Internal Revenue Code to increase the exclusion from gross income for combat pay of commissioned officers (from $500 to $2,000 monthly). Requires the transfer from the Defense Cooperation Account to the general fund of the Treasury such amounts as determined necessary to offset the revenue loss caused by this amendment during the period of the Persian Gulf conflict.
Bill· HRH.R. 3161 (102nd)referred
United States · United States Congress · 1 August 1991
Federal Property and Administrative Services Authorization Act of 1991 - Amends the Federal Property and Administrative Services Act of 1949 to authorize appropriations for functions and activities under the Act, including operations of the General Services Administration (GSA), through FY 1992. Requires at least 75 percent of the number of GSA Senior Executive Service (SES) positions to be filled by persons who have at least five years of Federal service. Requires a report to the Congress by the GSA Administrator regarding the position description and requirements for each such GSA SES position filled. Requires that new appointments to GSA's SES not take effect until 30 days after notice of the appointment is provided to the Congress. Title I: Acquisition of Commercial Items - Commercial Items Acquisition Act of 1991 - Part A: Enhancement of Competition in Contracting - Amends the Office of Federal Procurement Policy Act to permit the use of design specifications only when a procurement authorizing official, upon written justification by the contracting officer, certifies in writing that functional or performance specifications are inadequate to describe the requirements of the agency. Makes exceptions to such certification and justification requirements when: (1) the solicitation is for sealed bids; or (2) the solicitation is for construction, alteration, or repair of buildings, structures, or other real property. Delineates the circumstances in which executive agencies may request cost or pricing data from commercial vendors. Restricts the circumstances in which executive agencies may procure goods or services by modifying an existing contract. Part B: Acquisition of Commercial Items - Includes the implementation of a preference for the acquisition of commercial items among the procurement responsibilities of the head of each executive agency. Makes promotion of the acquisition of commercial items a part of the responsibilities of the advocate for competition for each executive agency and for each procuring activity of an executive agency. Requires contracting officers, prior to beginning a procurement, to conduct market research to determine if commercial items can meet the needs of the executive agency, and if so, to designate the acquisition to be a commercial item acquisition. Sets forth special rules, preferences, and exemptions that would apply in any commercial item acquisition. Renames the position of Advocate for the Acquisition of Commercial Products in the Office of Federal Procurement Policy the Advocate for the Acquisition of Commercial Items. Specifies position responsibilities that reflect the statutory preference for the acquisition of commercial items and include the monitoring of compliance by executive agencies with such preference. Directs the Administrator for Federal Procurement Policy to issue guidelines for the training of contracting officers, program managers, and other acquisition personnel in the acquisition of commercial items. Part C: Miscellaneous Provisions - Directs the Federal Acquisition Regulatory Council to revise the Federal Acquisition Regulation to implement the amendments made by this title. Requires such revision to include issuance of one or more simplified uniform contracts for the acquisition of commercial items. Title II: Amendments To Federal Property and Administrative Services Act of 1949 - Amends the Federal Property and Administrative Services Act of 1949 to permit executive agencies to award multiple contracts for the same supply or service when the agency head determines that it is in the best interests of the Government for the purpose of maintaining a continuous source for the supply or service. Sets forth provisions analogous to those contained in the National Defense Authorization Act for Fiscal Year 1991 concerning an agency's responsibilities regarding statements of evaluation factors in a contract solicitation. Raises the cost and pricing data threshold under the Federal Property and Administrative Services Act of 1949 to $200,000. Title III: Brooks Act Amendments - Provides that: (1) specified provisions of the Federal Property and Administrative Services Act of 1949: (1) concerning the procurement, maintenance, operation, and use of automatic data processing equipment may be cited as the Brooks Automatic Data Processing Act; and (2) concerning the procurement of architectural and engineering services may be cited as the Brooks Architect-Engineers Act. Amends the Brooks Automatic Data Processing Act to: (1) extend the Administrator's authority to procurements of automatic data processing equipment (ADPE) conducted on behalf of a Federal agency; (2) allow the Administrator to revoke a delegation of procurement authority either before or after a contract is awarded; (3) allow GSA's board of contract appeals to accept protests against procurements conducted on behalf of a Federal agency; (4) allow such board to dismiss protests that are frivolous or have been brought in bad faith, to impose costs for violations of or failures to comply with its orders and decisions, to order resolicitation, cancellation of an award, or termination of a contract, and to direct that an award be made in accordance with its decision in providing relief; (5) require all settlement agreements providing for or contemplating the dismissal of a protest to be submitted to such board for approval or disapproval; (6) require agencies to reimburse the judgment fund when either awards or settlements are paid out of that fund; (7) change the appellate jurisdiction over protests to the United States Court of Appeals for the District of Columbia and the time limit for appeals to 30 days; (8) revise the definition of "protest" to include protests of procurements conducted on behalf of a Federal agency; (9) revise the definition of "interested party" to delete the requirement that a party have a direct economic interest in the procurement; and (10) provide for GSA oversight of agency ADPE procurements. Title IV: Miscellaneous Provisions - Provides that no Federal agency may procure, and the GSA Administrator may not authorize the procurement by a Federal agency of, any covered service of product other than under an FTS 2000 contract. States that the requirements of the Office of Federal Procurement Policy Act relating to modification of contracts shall not apply to an FTS 2000 contract. Amends the Competition in Contracting Act of 1984 to revise provisions authorizing the Comptroller General to award bid and proposal preparation and protest costs to companies that file bid protests to make the payment of such costs, as well as compliance with other recommendations by the Comptroller General in the General Accounting Office (GAO) bid protest process, discretionary for the contracting agency. Sets forth specific procedures for determining the amount of costs to be paid upon a GAO recommendation. Requires costs paid as recommended by GAO to be paid out of the judgment fund, subject to agency reimbursement. Requires the Comptroller General to: (1) investigate each failure by a Federal agency to fully implement recommendations of the Comptroller General and; (2) submit a comprehensive report to appropriate congressional committees on the results of each such investigation along with recommendations regarding legislative action to correct any inequity or to preserve the integrity of the procurement process. Revises the definition of "protest" under such Act to include protests of procurements conducted on behalf of Federal agencies. Provides for the ratification of cost awards made by GAO under such Act prior to enactment of this Act. Amends the Office of Federal Procurement Policy Act to require detailed post-award debriefings for procurements over $25,000,000 when a contract is awarded on a basis other than price alone, upon the request of any unsuccessful offeror. Makes the failure of an agency to provide such a debriefing subject to protest.
Bill· HRH.R. 3164 (102nd)open
United States · United States Congress · 1 August 1991
Military Retirement Equity Act of 1991 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on: (1) age; (2) length of service; or (3) both. Reduces the amount of retirement pay, in the case of individuals receiving both types of pay, by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Expresses the sense of the Congress that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
Bill· HRH.R. 3199 (102nd)open
United States · United States Congress · 1 August 1991
Military Fish and Wildlife Refuge Act of 1991 - Mandates: (1) notice to the Secretary of the Interior of any formal proposal to close a military installation; (2) transfer to the Department of the Interior, without compensation, of any of that real property appropriate for inclusion in the National Wildlife Refuge System; (3) inclusion of the property in the System; and (4) reversion of the property to the Department of Defense, if needed for national security.
Bill· HRH.R. 3184 (102nd)open
United States · United States Congress · 1 August 1991
Directs the Secretary of the Interior to release all U.S. interests in, and restrictions on the use or conveyance of, certain real property in Oklahoma County, Oklahoma. Makes exceptions from such release with respect to: (1) the reversionary interest of the United States in such property for national defense purposes; and (2) the right of the United States to a perpetual easement for the operation of aircraft to and from Tinker Air Force Base, Oklahoma.
Bill· HRH.R. 3191 (102nd)referred
United States · United States Congress · 1 August 1991
Critical Technologies Act of 1991 - Defines "critical technology" as the act of a domestic industry in producing without which machine tools necessary to support the national defense could not be produced. Recognizes that certain technologies are critical to the security and defense of the United States, and declares as the continuing policy of the Federal Government to use all reasonable and practical means to: (1) evaluate and reexamine governmental policies, decisions, and actions that inhibit the viability of domestic industries which use a critical technology; and (2) work to preserve and encourage such domestic industries. Requires each Federal agency to: (1) develop and implement methods that will ensure appropriate consideration of the potential effect of proposed actions, decisions, and activities of such agency on domestic industries using a critical technology; (2) include in every recommendation or report on a proposal for legislation or other Federal action affecting domestic industries using a critical technology a detailed statement specifying favorable and adverse effects on such industries resulting from such proposal and reasonable alternatives; and (3) assist the Critical Technology Commission (established under this Act). Outlines provisions concerning the preparation and availability of such detailed statement. Amends the National Security Act of 1947 to require the President to submit annually to the Congress a National Critical Technologies Report that includes specified summaries of the general economic conditions of domestic industries in the United States using a critical technology, future trends, and policy reviews. Establishes the Critical Technology Commission (Commission) as a joint commission among the Departments of Commerce, Defense, Labor, and Energy, with the Secretary of each such Department serving on the Commission. Outlines Commission duties, including: (1) the preparation of annual reports on domestic industries using a critical technology; (2) the gathering of information concerning current and future trends affecting such industries; (3) the review of Federal policies, programs, and activities with respect to such industries, as well as the development of new policies; and (4) the conducting of investigations and other activities relating to the health of such domestic industries and potential future Federal policies with regard to such industries. Outlines Commission powers. Provides that, upon application by a domestic producer that is part of a critical industry, or after initiation by the Secretaries of Commerce or Defense, the Commission shall immediately initiate an investigation to determine the effect on national security interests of: (1) imports of the article which is the subject of such application or motion; and (2) the presence within the United States of producers of such article, other than domestic producers. Outlines procedures for conducting such investigations. Requires the Commission, within 120 days after beginning such investigation, to report to the industry oversight committee (established under this Act) and to the President on its findings and to recommend a written plan of action. Authorizes the industry oversight committee to veto the implementation of such plan within 15 days of its receipt. Requires the President, if no veto is forthcoming, to implement the plan of action if the Commission finds that such article has impaired or threatens to impair the national security interests of the United States. Requires the President to notify the Congress of such implementation. Requires the President to take certain action when there has been a negotiation of an agreement which limits or restricts importation into the United States of an article which threatens national security, and such agreement is not carried out or is ineffective in eliminating the threat. Requires the Commission, in performing its functions, to consult with qualified persons representing each domestic industry using a critical technology through the creation of an independent industry oversight committee comprised of industry representatives. Requires such committee to meet annually to provide assistance to the Commission in completing its functions. Outlines floor procedures to be followed by the two Houses of Congress when a written plan of the Commission and the implementing bill for such plan is submitted by the President for consideration, including certain time limitations for taking specified action on the bill. Directs the Secretary of Defense, after consultation with the military departments, to submit to the Senate and House Armed Services Committees a report reviewing military operations in Operations Desert Shield and Desert Storm and setting forth: (1) the type and quantity of foreign-produced materials and components used in the major weapons systems of the United States; (2) a summary of such producers; (3) an evaluation of the dependence by the United States on such producers; and (4) a review of those military personnel involved in the maintenance of weapons and communications systems used in such Operations.
Bill· HRH.R. 3163 (102nd)referred
United States · United States Congress · 1 August 1991
Commercial Activities Contracting Procedures Act of 1991 - Directs executive agencies to prepare and make public an annual inventory of all commercial activities performed by their employees or by a commercial source under contract. Excludes from such an inventory: (1) commercial activities requiring less than ten full-time equivalent work years annually; and (2) certain preferential procurement programs relating to small disadvantaged business or sheltered workshops for the blind or severely handicapped. Allows labor organizations representing agency employees to petition agency heads to include or exclude a commercial activity from an inventory. Requires that a determination that an activity of an agency is or is not a governmental function is to be made only by employees of the Government, without assistance of any kind from any Government contractor. Requires the performance of commercial activities included in an inventory to be procured from commercial sources unless the agency head determines that: (1) no commercial source can perform the activity; (2) use of such source would unacceptably delay or disrupt an agency program or activity; (3) the activity affects patient care at a Government-operated hospital and performance of the activity by Government employees would be in the best interest of patient care; (4) the activity is a governmental function; (5) with respect to commercial activities presently being performed by contract, Government employees can perform the work at a lower cost; or (6) with respect to activities presently being performed by Government employees, Government employees can perform the work at a cost no more than ten percent higher than the anticipated cost of contracting out. Requires the pricing method used for a contract for procurement by an agency of performance of a commercial activity to be based on a firm fixed price, unless the head of the agency provides a written certification, to be included in the contract file, that a cost reimbursable contract is appropriate and necessary in a particular case, citing all substantive reasons and regulatory authorities supporting that determination. Limits the term of such a contract to three years, or if the contracting officer determines in writing that the contract is for complex, multifunction commercial activities such that a longer time period is justified, five years. Requires agencies, before converting the performance of any commercial activity, to conduct a cost comparison analysis that computes all costs on the basis of the final performance work statement. Sets forth exceptions for the preferential procurement programs excluded from the inventory. Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to establish requirements for conducting such analyses that contain provisions governing the calculation of all relevant costs of performing a commercial activity, the exclusion of certain costs, and the consideration of the use of Government property. Requires Federal agency heads to establish a board to review the adequacy of cost comparison analyses and the performance work statements for accuracy and completeness and to consider employee appeals regarding an agency decision not to incorporate their comments and recommendations into a performance work statement. Allows interested parties to appeal a final review board determination to an agency head. Prohibits a conversion to contract or in-house performance of any commercial activity within 15 days after a review board decision or while an appeal of a review board decision is pending. Requires Federal agency heads to notify all agency employees performing a commercial activity of each cost comparison analysis initiated with respect to that commercial activity and to keep those employees informed of the progress of each such analysis. Prohibits disclosure of any cost comparison analysis before the review board issues its final determination. Requires Federal agency heads to prepare a performance work statement for each commercial activity for which a cost comparison analysis is conducted. Requires such statement to define the scope of work for a commercial activity. Allows commercial activities to be combined for the preparation of such statements under certain circumstances. States that in no case shall any commercial activity, the performance of which by Government employees requires more than ten full-time equivalent work years, be modified, reorganized, divided, or in any way changed for the sole purpose of circumventing any requirement of this Act. Requires each agency to provide agency employees who may be adversely affected 60 days to submit comments and recommendations regarding each performance work statement before it is submitted to the review board. Grants an employee the right to appeal to the appropriate review board an agency decision not to incorporate such comments and recommendations into a performance work statement. Requires the review board to sustain the appeal and require the agency to incorporate such recommendation into the performance work statement if the board determines that an agency decision is not substantially justified by the facts of the case or is contrary to law or regulation. Requires agencies to make performance work statements available for public review. Sets forth the duties of the Government and private sector contractors regarding reemployment of employees adversely affected by a conversion to contract performance. Directs the Administrator of Federal Procurement Policy to issue regulations requiring agency heads to report annually to the Office of Federal Procurement Policy on the number and dollar value of agency commercial activities converted to contract or to in-house performance each year and on anticipated savings resulting from such conversions. Directs the Administrator to report annually to the Congress on: (1) such savings and whether the conversions actually resulted in the savings anticipated; (2) the number of Federal and non-Federal employees performing commercial activities for the Government; and (3) the contract number and value for each commercial activity procured by an agency under contract. Provides that General Accounting Office bid protest procedures are not applicable to bid protests concerning a cost comparison analysis or the performance work statement relating to a conversion to contract or to in-house performance. Declares that this Act shall not apply: (1) in any case in which its application would be contrary to a treaty or other lawful agreement between the United States and any other nation; (2) to the Department of Defense in time of a declared war or a military mobilization or other emergency declared, without delegation, by the President or by the Secretary of Defense; (3) to research or development activities; or (4) to the procurement of architectural or engineering services governed by title IX of the Federal Property and Administrative Services Act of 1949. Requires the Administrator of General Services and the Secretary of Defense to each establish within their respective agencies a Commercial Activities Contracting Resource Center for the purpose of assisting Federal agencies in implementing the requirements of this Act.
Bill· HRH.R. 3175 (102nd)referred
United States · United States Congress · 1 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 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. 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 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. Requires Federal department or agency heads to notify the contractor, and require the contractor to notify its employees, at least 60 days in advance of the termination, for any reason, of a Federal contract in an amount greater than $50,000.
Bill· HRH.R. 3177 (102nd)referred
United States · United States Congress · 1 August 1991
Base Community Recovery Act of 1991 - Amends the Internal Revenue Code to treat any former employee of a Federal military installation whose job was terminated by reason of its closing or realignment as a member of a targeted group for purposes of the target jobs credit allowed to employers. Allows such employees a terminated employee tax credit of up to ten percent of wages attributable to private employment within the base closure region for one year. Reduces the depreciation recapture rate for businesses that acquire buildings on such bases, and increases the amount which may be expensed for the cost of new equipment placed in service. Prescribes the treatment of qualified base closure bonds by: (1) making termination dates for qualified small issue bonds inapplicable to them; (2) not taking into account certain capital expenditures; and (3) increasing the State ceiling on the volume cap.
Bill· HRH.R. 3188 (102nd)referred
United States · United States Congress · 1 August 1991
Authorizes the Secretary of Veterans Affairs to construct a Department of Veterans Affairs medical facility in south Texas. Authorizes appropriations.
Bill· HRH.R. 3187 (102nd)referred
United States · United States Congress · 1 August 1991
Permits eligible veterans who served on active duty for specified periods between 1955 and 1978 to use their entitlement to educational assistance during the five-year period beginning on this Act's enactment.
Bill· HRH.R. 3152 (102nd)referred
United States · United States Congress · 31 July 1991
Directs the Secretary of the Treasury to design and strike a silver commemorative medal for members of the U.S. armed forces who served in a combat zone during World War II, the Korean conflict, the Vietnam era, or the Persian Gulf conflict.
Bill· HRH.R. 3153 (102nd)referred
United States · United States Congress · 31 July 1991
Omnibus Space Commercialization Act of 1991 - Title I: Space Launch and Launch Support Facilities - Directs the Comptroller General to conduct a comprehensive inventory of all space launch and launch support facilities owned by the United States, identifying facilities that are surplus to public and national security needs, and report to the Congress. Requires all facilities identified as surplus to be referred to the General Services Administration for disposition. Directs the Secretary of Transportation to establish criteria for and designate launch facilities as Commercial Space Centers. Makes all Centers and associated property, services, and products, including such services and activities in space as are launched from a Center, and proceeds from insurance exempt from all Federal corporate income and other taxes and all Federal excises, imports, duties, and all other Federal tariffs. Requires the United States to make available to commercial providers on a fair rental basis, based on the cost to the United States, launch and support facilities not in use for public and national security needs. Title II: Purchase of Space Transportation Services - Space Transportation Services Purchase Act of 1991 - Amends the Launch Services Purchase Act of 1990 to require the Federal Government to purchase space transportation services from commercial providers, unless the Administrator of the National Aeronautics and Space Administration (NASA) or the Secretary of Defense, on a case-by-case basis, determines: (1) the payload requires the unique capabilities of the space shuttle; (2) commercial services are not or would not be available when required; or (3) the use of commercial services poses an unacceptable risk of loss of a unique scientific opportunity. Allows space transportation vehicles to be acquired or owned by the Government only in such circumstances or for research, development, and testing of space transportation technology. Requires the service contracts to be awarded by competitive bidding. Prohibits, subject to exception, requiring submission of cost or pricing data supporting a bid or proposal or for the fulfillment of a contract. Requires performance specifications rather than Federal civilian or military design or construction specifications. Mandates a program to award vouchers for the payment of space transportation services and payload integration services for conducting microgravity biomedical, materials, or other research. Authorizes appropriations. Title III: Intellectual Property Disposition - Requires that a commercial provider making an invention under contract with the Government have the same rights as would a small business firm under specified provisions of Federal patent law. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require (current law permits) each Federal agency to permit the director of any of its Government-operated Federal laboratories and, in certain circumstances, the director of any of its Government-owned, contractor-operated laboratories to enter into cooperative research and development agreements and to negotiate licensing agreements. Prohibits disclosure of trade secrets or commercial or financial information, that is privileged or confidential under the meaning of specified Federal law, which is obtained by the Government in the conduct of research or as a result of activities under this Act. Title IV: Tax Incentives for Commercial Space Activities - Space Business Incentives Act of 1991 - Amends the Internal Revenue Code to allow a deduction for the amount of the purchase of Commercial Space Center stock. Excludes from gross income gain on the sale or exchange of common stock of a corporation that derived at least 75 percent of its gross receipts from providing space-related products or services. Adds space launch and launch support facilities to the list of exempt facility bonds. Provides for the treatment of space launch and launch support facilities bonds. Excludes from gross income: (1) income from the commercial sale of any product manufactured in space and returned to Earth; and (2) income from services performed in space in a commercial space activity. Excludes products manufactured in space and returned to Earth from all Federal excises, imposts, duties, and other Federal tariffs. Directs the President to encourage State and local governments to offer tax and other incentives for commercial space activities. Title V: Miscellaneous - Declares that, notwithstanding specified provisions of the Clayton Act and the National Cooperative Research Act of 1984, standing to conduct litigation arising from activities carried out under this Act is reserved to the Department of Justice under the direction of the Attorney General and the Federal Trade Commission. Makes injunctive relief the sole relief available to the United States in such litigation, notwithstanding specified provisions of such Acts. Amends the Commercial Space Launch Act to extend certain provisions relating to liability insurance. Mandates a study on the feasibility of the United States providing termination liability insurance for commercial providers of certain categories of products and services. Declares that, subject to exception, in any action against a commercial provider arising from activities under this Act, evidence of failure of the provider to follow military or NASA specifications shall not, in and of itself, constitute proof of negligence. Establishes a National Award for the Commercialization of Space to consist of a medal and, if funding is available, a cash prize, to be awarded to persons or organizations who have substantially advanced space transportation, manufacturing, or research and development. Authorizes the Chairman of the National Space Council to seek and accept gifts of money from public and private sources to fund the cash prize. Establishes in the Department of Commerce the Office of Space Commerce to be the principal unit for the coordination of space-related issues, programs, and initiatives within the Department. Requires each Federal agency or department with an annual research and development budget over a specified amount to report to the Congress: (1) regarding a plan for activities to support space-related research; and (2) biennially on implementation progress. Requires the United States to accommodate commercial advertising by concerns providing or recycling space-related products, facilities, or services. Requires that negotiations between NASA and a commercial provider on implementation of a joint endeavor agreement or procurement agreement under a specified dollar amount be conducted in a timely manner. Requires the United States, to the extent practicable, to procure its space infrastructure, launch and launch support facilities, and payloads: (1) from commercial providers; and (2) so as to encourage cost effectiveness and innovation and minimize detailed specifications. Mandates a report to the President and the Congress on using proof of concept methods and unsolicited proposals. Terminates specified provisions of this Act 15 years after enactment.
Bill· HRH.R. 3145 (102nd)referred
United States · United States Congress · 31 July 1991
Defense Coordinated Health Care Act of 1991 - Requires the medical health care system of the Departments of the Army, Navy, and Air Force to be administered solely by the Coordinated Health Care Agency (CHCA). Directs the Office of the Assistant Secretary of Defense of Health Affairs to organize the CHCA and requires the CHCA to be established by January 15, 1992. Requires the Assistant Secretary to develop and implement policy over: (1) all functions necessary to operation of the military health care system; (2) readiness of combat medical support in operating and field forces; (3) delivery of health care services in field facilities; (4) training and development of health services personnel; (5) service unique operational medical support; and (6) preparation for wartime medical mobilization (to be developed jointly by the three Surgeons General). Directs the Surgeons General to advise and provide technical information to assist the Assistant Secretary.
Resolution· SRESS.Res. 162 (102nd)referred
United States · United States Congress · 30 July 1991
Establishes the Senate Select Committee on POW/MIA Affairs to receive, concurrently with other committees of the Senate with jurisdiction, all messages, petitions, memorials, and other matters relating to U.S. personnel unaccounted for from military conflicts. Requires the Select Committee to make a final public report to the Senate on its investigation and study by December 31, 1992. Directs the Committee to conclude its business and close out its affairs after the submission of such report as expeditiously as possible.
Resolution· SCONRESS.Con.Res. 56 (102nd)referred
United States · United States Congress · 30 July 1991
Recognizes and commends military colleges for the unique contributions they have made and continue to make. Urges U.S. citizens to embrace the principles to which these colleges are dedicated.
Bill· HRH.R. 3088 (102nd)referred
United States · United States Congress · 30 July 1991
DNA Identification Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 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 the 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 within 180 days, 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 of 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 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 a 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.
Bill· HRH.R. 3115 (102nd)referred
United States · United States Congress · 30 July 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 Korean conflict.
Bill· HRH.R. 3105 (102nd)referred
United States · United States Congress · 30 July 1991
Prohibits the sale of defense articles or services or design and construction services to the Government of Saudi Arabia under the Arms Export Control Act unless the President certifies to the Congress that such Government is willing to negotiate a commercial treaty that governs enforcement of contracts and contract disputes that involve U.S. citizens and the Saudi Government or members of the Saudi royal family.
Bill· HRH.R. 3096 (102nd)referred
United States · United States Congress · 30 July 1991
Amends Federal law relating to certain limitations on the payment of unemployment compensation to former members of the armed forces to make such limitations inapplicable to individuals who were discharged or released under involuntary conditions, including not being accepted for an additional term of enlistment for which the individual volunteered.
Bill· HRH.R. 3112 (102nd)referred
United States · United States Congress · 30 July 1991
Base Community Recovery Act of 1991 - Amends the Internal Revenue Code to treat any former employee of a Federal military installation whose job was terminated by reason of its closing or realignment as a member of a targeted group for purposes of the target jobs credit allowed to employers. Allows such employees a terminated employee tax credit of up to ten percent of wages attributable to private employment within the base closure region for one year. Reduces the depreciation recapture rate for businesses that acquire buildings on such bases, and increases the amount which may be expensed for the cost of new equipment placed in service. Prescribes the treatment of qualified base closure bonds by: (1) making termination dates for qualified small issue bonds inapplicable to them; (2) not taking into account certain capital expenditures; and (3) increasing the State ceiling on the volume cap.
Bill· HRH.R. 3103 (102nd)referred
United States · United States Congress · 30 July 1991
Provides that a payment or allowance shall be treated as a military housing allowance under the Internal Revenue Code for purposes of the deductibility of mortgage interest and real property taxes, if such payment was provided: (1) to a Federal employee stationed outside the continental United States; and (2) for expenses similar to the expenses for which any military housing allowance is provided.
Bill· SS. 1578 (102nd)referred
United States · United States Congress · 29 July 1991
Recognizes and grants a Federal charter to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia.
Bill· HRH.R. 3066 (102nd)open
United States · United States Congress · 29 July 1991
California Public Lands Wilderness Act - Designates as additions to the National Wilderness Preservation System certain public lands located in California within the Bakersfield District, the Susanville District, the Ukiah District, the California Desert District, the Yuma, Arizona District, and the Carson City, Nevada District of the Bureau of Land Management (BLM). Incorporates certain public lands in the California Desert District into the Death Valley National Monument and the Joshua Tree National Monument and makes such lands part of the National Park System. Requires the Secretary of the Interior to prepare plans to manage designated wilderness areas. Withdraws such areas from exploitation under the public lands laws. Provides for the continuation of demilitarization activities and the overflight of military aircraft in such areas. Directs the Secretary to assure access to such areas for traditional Indian cultural and religious purposes. Permits the Secretary, upon the request of an Indian tribe or religious community, to temporarily close an area to protect the privacy of religious or cultural activities. States that lands administered by the BLM in California that have not been designated as wilderness areas have been adequately studied for wilderness designation and releases them from certain requirements. Authorizes appropriations.
Bill· HRH.R. 3068 (102nd)referred
United States · United States Congress · 29 July 1991
Title I - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Title II - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Title III - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of facts, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician.
Bill· HRH.R. 3071 (102nd)referred
United States · United States Congress · 29 July 1991
Recognizes and grants a Federal charter to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia.
Bill· HRH.R. 3069 (102nd)referred
United States · United States Congress · 29 July 1991
Requires the Secretary of Defense to allow former prisoners of war who have service-connected disabilities rated at 50 percent or more to use commissary and exchange stores on the same basis as veterans with 100 percent service-connected disabilities.
Bill· HRH.R. 3067 (102nd)referred
United States · United States Congress · 29 July 1991
Amends the Federal criminal code to: (1) delete the $250 cap on the maximum fine for the unauthorized wearing, manufacturing, or selling of military decorations or medals; and (2) include trades, barters, or exchanges for anything of value as sales.
Bill· HRH.R. 3074 (102nd)referred
United States · United States Congress · 29 July 1991
Provides for the payment of additional wartime disability compensation to veterans who have suffered the loss or loss of use of a lung or kidney as the result of service-connected disability.
Bill· HRH.R. 3077 (102nd)referred
United States · United States Congress · 29 July 1991
Authorizes the Secretary of Veterans Affairs to furnish nonmedical support services to specified veterans receiving outpatient or ambulatory medical services.
Bill· HRH.R. 3073 (102nd)referred
United States · United States Congress · 29 July 1991
Provides for the payment of certain accrued veterans' benefits, upon the death of the beneficiary, to the beneficiary's spouse or dependents. (Current law limits such payments to benefits due and unpaid for a period not to exceed one year.)
Bill· HRH.R. 3076 (102nd)referred
United States · United States Congress · 29 July 1991
Provides that limitations on entering into contracts with non-Department of Veterans Affairs hospitals to provide treatment to veterans shall not apply to contracts for the treatment of service-connected disabilities or disabilities for which a veteran was released from active service.
Bill· HRH.R. 3075 (102nd)referred
United States · United States Congress · 29 July 1991
Requires (currently, permits) the Department of Veterans Affairs to furnish nursing home care to specified veterans.
Bill· HRH.R. 3072 (102nd)referred
United States · United States Congress · 29 July 1991
Raises the ceiling on the maximum amount allowed for the estates of certain veterans without dependents who are receiving hospital treatment or institutional or domiciliary care without charge or otherwise by the United States before pension, compensation, or emergency officers' retirement pay is suspended.
Bill· HJRESH.J.Res. 313 (102nd)referred
United States · United States Congress · 29 July 1991
Amends the Defense Base Closure and Realignment Act of 1990 to require the Secretary of Defense and the Defense Base Closure and Realignment Commission, with respect to recommendations made for closure and realignment of military installations in 1993 and 1995, to include recommendations for the termination and reduction of military operations at installations outside the United States.
Resolution· HRESH.Res. 206 (102nd)passed
United States · United States Congress · 29 July 1991
Sets forth the rule for consideration of H.J. Res. 313 (closure and realignment of military installations outside the United States).
Resolution· HRESH.Res. 207 (102nd)referred
United States · United States Congress · 29 July 1991
Establishes the House Select Committee on POW and MIA Affairs to conduct a full investigation of all matters relating to any United States personnel unaccounted for from any military conflict, including MIAs and POWs.
Resolution· HCONRESH.Con.Res. 190 (102nd)referred
United States · United States Congress · 29 July 1991
Urges the President to pursue United Nations Security Council Resolutions: (1) creating a United Nations Transitional Assistance Group on Iraq to oversee the creation of a political system to elect a government to replace the Government of Saddam Hussein, permitting Iraq to rejoin the community of nations; (2) creating a United Nations Humanitarian Assistance and Redevelopment Fund to administer humanitarian relief efforts to combat famine and disease threatening the Iraqi civilian population and to oversee the channeling of funds into Iraqi infrastructure reconstruction projects; and (3) reaffirming the goals of United Nations Security Council Resolution 678 (concerning the destruction of Iraq's weapons capacity and investigation of weapons facilities). Urges the President to oppose international efforts to provide assistance to the current Iraqi Government to reconstruct Iraq's military or economic infrastructure until Resolution 678 is complied with and a political transformation process is in place which assures the replacement of Hussein's Government.