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Resolution· HCONRESH.Con.Res. 174 (102nd)referred
United States · United States Congress · 24 June 1991
Expresses the sense of the Congress that foreign policy actions by the Government of the People's Republic of China which undermine U.S. global interests and which are inconsistent with past U.S.-Chinese cooperation (such as the transfer of missiles covered by the Missile Technology Control Regime and transfers of unsafeguarded nuclear equipment, materials, and technology) will have serious negative consequences for the development of U.S.-Chinese relations, in particular placing in jeopardy the access of Chinese products to the U.S. market through nondiscriminatory tariff status. Urges the Government of China to take constructive steps to reduce tensions in regional military conflicts by restricting the transfer of conventional weapons, working toward the creation of a multilateral conventional arms transfer and control regime, agreeing not to transfer weapons of mass destruction, and agreeing to multilateral controls on the transfer of ballistic missiles and the technology associated with the development of such weapons and delivery systems.
Bill· SS. 1351 (102nd)open
United States · United States Congress · 21 June 1991
Department of Energy Science and Technology Partnership Act - Establishes a program in the Department of Energy (DOE) under which the Secretary of Energy shall encourage departmental laboratories to enter into partnerships for research in: energy efficiency, energy supply, high-performance computing, environmental problems, human health, advanced manufacturing technologies, education and training. Authorizes such partnerships with colleges and universities, industry, and other Federal agencies. Amends the Department of Energy Organization Act to establish a career path program for the recruitment of promising and gifted employees of DOE's national laboratories to serve in critical and other positions as a stage in realizing the full potential that such employees contribute to the strategic defense and energy security posture of the United States. Increases the number of Under Secretaries in DOE from one to three, and the number of Assistant Secretaries from eight to 11.
Bill· SS. 1352 (102nd)referred
United States · United States Congress · 21 June 1991
El Salvador Peace, Security, and Justice Act of 1991 - Limits the amount of military assistance for El Salvador for FY 1992. Prohibits the provision of such assistance if the President reports to the appropriate congressional committees that: (1) the Salvadoran Government has declined to participate in negotiations for a permanent settlement and cease-fire to the armed conflict; (2) the Salvadoran Government has failed to support an active role for the United Nations Secretary General in mediating such settlement; (3) the Salvadoran Government is not conducting an investigation into, and prosecution of those responsible for, the murders at the University of Central America; or (4) the Salvadoran military and security forces are engaging in violent acts against civilians or are failing to control such activities by elements subject to their control. Provides for the resumption of such assistance pursuant to a law enacted by the Congress. Withholds 50 percent of military assistance allocated for FY 1992 and of unobligated assistance for prior fiscal years. Releases such assistance only if: (1) the Farabundo Marti Liberation Front (FMLN) has declined to participate in negotiations for a settlement or have failed to accept the Secretary General's role in such settlement; (2) the survival of the Salvadoran Government is being jeopardized by FMLN actions; (3) proof exists that the FMLN is continuing to acquire significant shipments of lethal military assistance from outside El Salvador; or (4) the FMLN is engaging in violent acts against civilians or is failing to control such activities by elements subject to its control. Conditions the provision of military assistance to El Salvador on the prior notification of the appropriate congressional committees. Prohibits U.S. assistance to El Salvador if the elected head of the government is deposed by military coup or decree. Provides for the resumption of such assistance pursuant to a law enacted by the Congress. Establishes the Demobilization and Transition Fund to assist in monitoring a settlement of the conflict and in demobilizing combatants in such conflict and aiding their transition to peaceful pursuits. Makes amounts in the Fund available only if the President notifies the appropriate congressional committees that a permanent settlement of the conflict has been reached. Transfers withheld military assistance to the Fund on the date of such notification or on September 30, 1992, if no notification has occurred. Authorizes the delivery of U.S. military assistance to the Salvadoran armed forces only with the prior approval of the elected president of El Salvador. Directs the Secretary of State, through agreement with the National Endowment for Democracy or other qualified organizations, to continue programs to strengthen democratic, political, and legal institutions in El Salvador. Makes available economic support fund (ESF) assistance for such program. Authorizes the Secretary to cooperate with the United Nations to implement the Human Rights Accord agreed to by the Salvadoran Government and the FMLN and to provide assistance in support of the United Nations Observer Force in El Salvador. Makes ESF assistance available for such purposes. Withholds a specified amount of military assistance for El Salvador until the President certifies to the appropriate congressional committees that the Salvadoran Government has pursued all legal avenues to investigate, bring to trial, and obtain verdicts against those responsible for the murders of certain land reformers, peasants, priests, and unionists. Repeals provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 concerning military assistance for El Salvador.
Bill· SS. 1355 (102nd)referred
United States · United States Congress · 21 June 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 if each State or unit of local government that performs DNA analyses with grant funds certifies to the Director of the Bureau of Justice Assistance that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis issued by the Director of the Federal Bureau of Investigation (FBI) after taking into consideration the recommended standards developed by the advisory board on DNA forensic analysis methods established under this Act; (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 the record subject for criminal defense purposes, and, if identifiable information is removed, for a population statistics database or for quality control purposes; and (3) 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 approved under this Act, the results of each test will be made available to the public without charge, and the population studies relied on by such laboratory will be publicly available. Requires the Director of: (1) the National Institute of Standards and Technology (NIST), within 180 days, to appoint an advisory board on DNA forensic analysis methods to develop, and periodically monitor, recommended 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 testing the proficiency of forensic laboratories in conducting such analyses. Mandates that such standards: (1) specify criteria for 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. Requires that: (1) the Director of NIST approve a DNA proficiency testing program if such program satisfies the then current standards in effect under this Act; and (2) the advisory board develop recommended privacy standards for the protection of DNA samples and analyses. Authorizes appropriations. Authorizes the Attorney General to establish an index of DNA identification records of persons convicted of crimes punishable by more than one year's imprisonment. Specifies that such index may include only information on DNA identification records 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 whose DNA analysts 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 an approved DNA proficiency testing program; 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. Restricts disclosure of DNA tests performed for a Federal law enforcement agency to: (1) criminal justice agencies for law enforcement identification purposes; and (2) the record subject for criminal defense purposes. Authorizes disclosure of test results to a population statistics database for quality control purposes if personally identifiable information is removed. Sets fines of up to $100,000 for individuals having access to DNA information by virtue of employment or official position who willfully disclose such information to any person or agency not entitled to receive it. Authorizes appropriations.
Bill· SS. 1335 (102nd)referred
United States · United States Congress · 20 June 1991
Strategy to Eliminate Crime in the Urban and Rural Environment Act of 1991 - Title I: Rural Crime Prevention Strategy - Requires the Director of the National Institute of Justice to conduct a national assessment of the nature and extent of rural crime in the United States, the needs of law enforcement and criminal justice professionals in rural States and communities, and promising strategies to respond effectively to those challenges, including: (1) the problem of clandestine drug laboratories; (2) other environmental crimes, such as the dumping of toxic waste; (3) the cultivation of illegal crops, such as marihuana; (4) the problems of drug and alcohol abuse in rural communities; (5) the problems of family violence and child abuse; (6) the problems of juvenile delinquency and vandalism; (7) the access of law enforcement and criminal justice professionals in rural communities to the services of crime laboratories, the Automated Fingerprint Identification System, and other technological support, and to professional training and development; and (8) the special problems of drug abuse in jurisdictions with populations of 50,000 or less. Requires the Director to: (1) submit the national assessment to the President and the Congress within 12 months; and (2) disseminate the results through programs of training and technical assistance, as well as through reports, publications, and clearinghouse services. Authorizes the Director to make grants to local law enforcement agencies for pilot programs and field tests of particularly promising strategies and models, which could then serve as the basis for demonstration and educational programs under the Bureau of Justice Assistance (BJA) discretionary grant program, such as programs to develop and demonstrate new or improved approaches or techniques for rural criminal justice systems. Authorizes appropriations. Title II: Violent Felonies Against the Elderly - Amends the Federal criminal code to establish a mandatory sentence for the commission of a felony against an individual age 65 or older. Sets limitations on the discretion of the court with respect to suspending such sentence, authorizing probation or parole, allowing the defendant to serve consecutive sentences, and accepting plea agreements. Authorizes appeals on the grounds that a sentence is less severe than that required under this Act. Amends the Federal Rules of Criminal Procedure to: (1) preclude either the defendant or the court from waiving a presentence investigation and report unless there is sufficient information in the record for the court to determine whether a mandatory sentence pursuant to this Act must be imposed; (2) require such report to contain verified information as to whether any victim of the offense had attained age 65 on the date that the offense was committed; and (3) make an exception to the general rule authorizing plea bargain discussions in cases involving the commission of a felony against individuals age 65 and older. Title III: Child Abuse, Sexual Violence, and Violence Against Women - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. National Child Abuser Registration Act of 1991 - Authorizes a State child abuse information repository (State repository) to report child abuser information to the National Crime Information Center. Directs the Attorney General to establish guidelines for the reporting of such information. Specifies that such guidelines shall require that: (1) a reporting State ensure that reports of all convictions under the criminal child abuse law of the State are maintained by a State repository; and (2) a State repository maintain close liaison with the National Center on Child Abuse and Neglect and the National Center for Missing and Exploited Children for exchange of information and technical assistance in cases of child abuse. Requires the Attorney General to publish an annual statistical summary of the child abuser information reporting under this Act. Makes compliance with this Act a condition to the receipt by a State of any grant, cooperative agreement, or other assistance under the Victims of Crime Act (VCA) and the Child Abuse Prevention and Treatment Act. Amends the Controlled Substances Act (CSA) to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Expresses the sense of the Congress that, for purposes of determining child custody, credible evidence of physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse. Amends Federal criminal code provisions relating to sexual abuse to double the maximum imprisonment for violation of such provisions after a prior conviction under Federal or State law for such an offense. Adds to such provisions a special definition of "sexual act" applicable to individuals under the age of 16. Authorizes the court to order the payment of restitution for victims of sex offenses. Amends the Higher Education Act of 1965 to add sexual assault or any other abusive sexual conduct to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Requires each institution to report the statistics to parents or guardians of students as well as to other groups specified by current law. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to enhance the sentence guidelines if the offender had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends the Victims' Rights and Restitution Act of 1990 to require a governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault. Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Authorizes appropriations. Domestic Violence Prevention Act of 1991 - Amends the Family Violence Prevention and Services Act to add increasing public awareness as a purpose of State demonstration grants. Authorizes grants for public information campaigns regarding domestic violence. Requires a State grant recipient to establish a Commission on Domestic Violence. Requires a specified minimum percentage of funds for demonstration grants for prevention of, and provision of immediate shelter and other assistance to, victims of family violence and their dependents to be used for rural areas. Limits law enforcement training grants to private nonprofit organizations that have certain experience. Authorizes appropriations to carry out the Act. Amends the Federal Rules of Criminal Procedure to modify the number of peremptory challenges available to specified parties when the offense charged is punishable by imprisonment for more than one year. Amends the Federal criminal code to: (1) prohibit peremptory jury challenges on the basis of race, color, or any other classification that could not lawfully be used by a prosecutor; and (2) give the prosecutor the same right as the defense attorney to challenge the exercise of peremptory challenges on this ground, with the court applying the same standards and granting the same relief. Enacts rules, to be known as the Rules of Professional Conduct for Lawyers in Federal Practice, and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) various types of litigation abuses (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) expediting litigation (including not attempting to delay or prolong proceedings for specified reasons); and (3) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information.) Requires a protective order issued by a court of a State to have the same full faith and credit in a court in another State as in a court of the issuing State. Title IV: Law Enforcement Officers Bill of Rights - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require a five percent reduction in certain assistance under such Act for any law enforcement agency which fails to have in effect a law enforcement officer's bill of rights providing for: (1) investigations for alleged malfeasance, misfeasance, or nonfeasance of official duty; (2) the representation of law enforcement officers on police complaint review boards; (3) opportunities for a hearing; (4) summary punishment, administrative action, and emergency suspension; (5) the recovery of damages for civil suits brought for violations of these rights; (6) notice of disciplinary actions to be taken against such officers; and (7) a prohibition against retaliation for exercising rights. Title V: Victims' Bill of Rights - Amends the Federal criminal code to require (currently, authorize) the court to order restitution of the victim of the offense of which a defendant is convicted when such defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court: (1) to order restitution to a victim in the full amount of the victim's losses as determined by the court without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation for a loss from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of and schedule for restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender, including obligations to dependents. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property, or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to the clerk of the court for accounting and payment in accordance with this Act. Specifies that a restitution order shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property. Makes compliance with the schedule of payments and other terms of a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply with a restitution order. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule. Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim. Repeals: (1) the current $150,000,000 cap on the Crime Victims Fund under the VCA; and (2) sunset provisions under such Act. Modifies the formula for the distribution of sums deposited into the Fund to provide that: (1) seven percent of the total funds deposited in a fiscal year be available for child abuse prevention and treatment grants; (2) four percent be available for training and technical services to victim assistance programs and for financial support of services to victims of crime by victim assistance programs; and (3) 89 percent be available for crime victim compensation and victim assistance programs. (Current law provides a complex formula for the distribution of funds depending on the amount deposited in the Fund.) Authorizes the Director of the Office for Victims of Crime to retain any amount in excess of 110 percent of the total deposited in the previous fiscal year as a reserve for those years in which there is a shortfall in the Fund, provided that the reserve not exceed $20,000,000. Provides that the first $6,200,000 above $150,000,000 deposited in the Fund through FY 1995, and the first $3,000,000 for each fiscal year thereafter, be available to the judicial branch for administrative costs. Increases the Federal share of victim compensation programs from 40 to 45 percent of the amounts awarded by each program during the preceding fiscal year. Allows up to five percent of a victim compensation program grant to be used for administrative costs. Specifies that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program, would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program. Authorizes the Director to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year. Requires crime victim assistance chief executives to give particular attention to children who are victims of violent street crime. Authorizes the use of grants under this Act for demonstration projects. Allows up to five percent of a victim assistance program grant to be used for administrative costs. Makes biannual reports under such Act due on May 31 (currently, such reports are due December 31). Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds. States that specified allocation provisions under this title shall take effect in a fiscal year upon certification by the Director that there are sufficient funds in the Victims Assistance Fund and the Victims Compensation Fund at the end of the previous fiscal year so that such allocations will not reduce the current funding levels in such funds. Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgement probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense. Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult. Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions. Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire. Specifies that: (1) whoever is convicted of a felony crime of violence for the benefit of, or in association with any criminal street gang, shall in addition to the punishment provided by law for such crime, be fined, imprisoned for up to three years, or both; and (2) any imprisonment imposed under this provision shall not run concurrently with that imposed for the underlying crime. Title VII: Death Penalty - Capital Punishment Procedures Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) homicide and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; (7) engaging in a criminal enterprise activity which results in death; (8) specified violations of the CSA, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; (9) murders in connection with sexual assaults and child molestations; and (10) civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgement; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgements imposing a sentence of death; and (2) stays of execution. Title VIII: Imposition of Mandatory Minimum Sentences Without Release - Amends the Federal criminal code to establish the following penalties for offenses committed during and in relation to any crime of violence or drug trafficking crime, or during and in relation to any felony punishable under certain provisions relating to counterfeiting and forgery, in addition to the punishment provided for such crime. Provides that whoever: (1) uses, carries, or otherwise possesses a firearm shall be sentenced to imprisonment for ten years without release; (2) discharges a firearm with intent to injure another person shall be sentenced to imprisonment for 20 years without release; or (3) uses, carries, or otherwise possesses a firearm that is a machine gun or is equipped with a firearm silencer or muffler shall be sentenced to imprisonment for 30 years without release. Sets penalties for second, third, and subsequent convictions. Prohibits the release of any person convicted for any reason during a term of imprisonment imposed under this title. Amends the CSA to increase the sentences for distributing illegal drugs to persons under age 21 and for employing persons under 18 years of age in drug operations to up to ten years without release for a first offense and up to 20 years without release for a second offense. Prohibits the court from placing such persons on probation or suspending the sentence. Prohibits their release during the term of the sentence. Increases prison sentences for trafficking in marihuana and specified categories of controlled substances. Establishes mandatory sentences, in addition to any other sentence imposed for the underlying possession or distribution, of: (1) one year imprisonment without release in a case involving possession of a controlled substance within a Federal prison or other Federal detention facility; and (2) ten years without release in a case involving the smuggling of a controlled substance within such prison or facility. Prohibits the court from placing such individuals on probation or suspending the sentence. Prohibits such person from being eligible for parole during such term of imprisonment. Amends the Immigration and Nationality Act to: (1) require the deportation of aliens convicted of drug trafficking crimes or crimes of violence or for commission of an aggravated felony; and (2) increase the penalty (currently, 15 years for individuals whose deportation was subsequent to certain felony convictions) to 20 years without release, and to life imprisonment without release for a second violation, without probation, suspension of sentence, or early release, for reentry of a deported alien whose deportation was subsequent to a conviction for a drug trafficking crime or crime of violence. Grants priority for Federal drug law enforcement assistance funds from BJA grant programs to States having laws providing for mandatory minimum sentences, elimination of early release, and payment of trial costs and mandatory fines by individuals convicted of specified controlled substance violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program. Title IX: Mandatory Judicial Reforms - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that: (1) Federal law does not require the exclusion of evidence in a proceeding in any court under circumstances in which the evidence would be admissible in a proceeding in a Federal court pursuant to this title; and (2) firearms seized by Federal law enforcement officers for use as evidence against a defendant who is being prosecuted for a crime of violence or serious drug offense, or who is ineligible to possess such firearm under the Federal criminal code, shall not be excluded in U.S. court proceedings on the ground that the search or seizure was in violation of the fourth amendment. Directs the Attorney General to promulgate rules and regulations relating to compliance by law enforcement officers of the Department of Justice with the fourth amendment, including: (1) the training of such officers in the law of search and seizure; (2) procedures and standards of conduct to be observed in carrying out searches and seizures; (3) procedures for reporting and investigating incidents involving possible violations of legal or administrative requirements relating to searches and seizures; (4) sanctions to be imposed when such violations are determined to have occurred; and (5) standards and procedures for settling claims for damages by victims of unlawful searches and seizures. Authorizes the head of any other Federal department or agency to promulgate rules and regulations relating to compliance with the fourth amendment by law enforcement officers of such department or agency. Directs the Attorney General, and any other Federal department or agency head that promulgates such rules or regulations, to: (1) establish a review board to consider all allegations of fourth amendment violations by law enforcement officers of such department or agency and to recommend or impose appropriate sanctions in cases where violations are determined to have occurred; and (2) report annually to the Congress concerning allegations and claims relating to search and seizure violations by law enforcement officers of such department or agency, the actions taken on such allegations and claims, and the bases for such actions. Authorizes charging such a review board with recommending the settlement of claims for damages by victims of unlawful searches and seizures. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment counsel. Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this title. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Amends the CSA to require: (1) the court, prior to sentencing on a conviction in a Federal court of a felony under such Act, to compile a list of assets owned by the defendant not subject to forfeiture; and (2) upon request of the Attorney General, the court to direct the defendant to provide proof that any asset owned by the defendant not on such list was legally obtained. Authorizes the Attorney General to seize assets that the defendant does not prove were legally obtained. Requires the proceeds from such assets to be deposited in the Department of Justice Assets Forfeiture Fund and to be available for transfer to the building and facilities account of the Federal prison system. Sets forth provisions regarding the term of appointment, authority, and jurisdiction of special masters. Requires the Administrative Office of the United States Courts to publish annually a report on the sentencing patterns of Federal judges. Amends the Federal criminal code to prohibit the Federal courts, until five years after the enactment of this Act, from: (1) holding prison crowding unconstitutional under the eighth amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment; and (2) placing an inmate ceiling on any Federal, State, or local detention facility as an equitable measure for conditions that violate the eighth amendment unless crowding itself is inflicting cruel and unusual punishment on individual prisoners. Requires that each Federal court order seeking to remedy an eighth amendment violation be reopened at the behest of a defendant for recommended alteration at a minimum of two-year intervals. Applies this title to all outstanding court orders on the date of enactment of this Act. Permits any State or municipality to seek modification of any outstanding eighth amendment decree pursuant to this Act. Directs the Attorney General to take steps, consistent with security considerations, to ensure that sufficient facilities exist to house individuals whom the courts have ordered incarcerated. Requires: (1) the Secretary of Defense, the Commission on Alternative Utilization of Military Facilities, and the Director of the Bureau of Prisons to identify suitable military installations and examine the feasibility of using temporary facilities for housing prisoners; and (2) the Director to report to the Congress within 90 days. Amends the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary to notify the Attorney General and the Governor of each of the U.S. territories and possessions (currently, all departments and instrumentalities within the Department of Defense (DOD)) of the availability of any real property or facility located at a military installation to be closed. Authorizes the transfer of such property to the Attorney General, a State, territory, or possession, or the District of Columbia for use as a correctional institution. Requires the Director to: (1) review current construction standards and methods used in building Federal prisons; (2) examine and recommend cost cutting measures that could be employed in prison construction; and (3) submit the results to the Congress. Authorizes the Attorney General to contract for private construction and operation of Federal prisons. Requires the use of creative and cost-effective private financing alternatives and private prison construction and operation where possible. Specifies that operating costs of privately-operated prisons shall be covered through rent charged to Government units placing inmates in prisons. Requires the Administrator of the General Services Administration to identify at least 20 parcels of surplus Federal property which the Attorney General has certified are not needed for Federal correctional facilities but which may be suitable for State or local correctional facilities. Makes property determined to be in excess of Federal needs that may be suitable for use as correctional facilities available during the period beginning on the date of enactment of this Act and ending five years after such date to the Attorney General, or secondarily, to a State, the District of Columbia, or a local government. Permits State and local governments to use Federal temporary incarceration facilities, when they are not needed to accommodate Federal prisoners, for incarcerating prisoners at a per diem fee payable to the Bureau of Prisons. Requires every person who, during the period beginning on the date of enactment of this Act and ending five years after such date, is convicted in Federal court of committing a crime of violence against a person or a drug trafficking crime (other than simple possession), to be sentenced to and serve no less than five years' imprisonment. Prohibits any such person from being released from custody for any reason prior to completion of the sentence unless the sentence imposed is greater than five years and is not a mandatory minimum sentence without release. Title X: Prisoner and Prison System Reforms - Expresses Federal policy that: (1) prisoners shall work absent medical certification of 100 percent disability, security considerations, or disciplinary action; and (2) States and local governments have the same authority to require all convicted prisoners to work. Provides for the deposit in a separate fund in the Treasury of funds generated from prison labor for prison construction and operating expenses or payment of judgments. Specifies that prisoners shall be paid a share of funds generated by their labor. Amends the Adult Education Act to require each State correctional system and each local jail or detention center with an inmate population of over 150 to have in effect a mandatory functional literacy program in at least one major correctional facility, subject to specified requirements and exceptions. Authorizes the Attorney General to enter into contracts with private businesses for the use of inmate skills that may be of commercial use to such businesses. Sets forth provisions with respect to security requirements involved in the use of convict labor. Provides for the withholding of prisoners' Federal benefits to offset incarceration costs. Directs the Attorney General to establish a program of drug testing of targeted classes of arrestees, prisoners, and persons on release. Amends the Omnibus Act to bar Federal funding under the Drug Control and System Improvement Grant Program for States failing to have an analogous State program. Specifies that, beginning two years after the enactment of this Act: (1) a request for Federal drug law enforcement assistance funds from the BJA grant programs by a State whose law provides mandatory work requirements, mandatory education requirements, and drug testing of prisoners shall receive priority over a request by a State whose law does not so provide; and (2) the formula for distributing the amount of funds to be distributed from the Drug Control and System Improvement Grant Program to State and local governments shall be adjusted by reducing by ten percent the amount of funds that would be allocated to States whose laws do not so provide and allocating the amount of the reduction pro rata to other States.
Bill· HRH.R. 2719 (102nd)open
United States · United States Congress · 20 June 1991
Directs the Secretary of Veterans Affairs, upon request of the survivors, to repatriate to the United States for burial in a national cemetery the remains of a member of the armed forces who: (1) died while serving on active duty; (2) received the Medal of Honor or distinguished service cross during such duty; and (3) is buried in an American cemetery outside the United States.
Bill· HRH.R. 2712 (102nd)open
United States · United States Congress · 20 June 1991
Airborne Drug Trafficking Deterrence Act - Sets forth the interdiction procedures to be followed by the commander of a drug interdiction aircraft when he or she reasonably believes that an aircraft is transporting illegal drugs into the United States. Requires such commander to notify higher authorities in the Coast Guard and then use all available means of communication to order the aircraft to land. Authorizes the firing of a warning signal across the nose of the intercepted aircraft after: (1) such aircraft has been observed dropping cargo which has been recovered, if it is feasible to do so, and found to contain a controlled substance; (2) such aircraft changes its course away from the continental United States and remains under constant surveillance; (3) continuing efforts to communicate with the aircraft prove futile and the commander reasonably believes that the aircraft recognizes the drug interdiction aircraft's identity, presence and intent; and (4) use of the warning signal is approved in advance by a higher authority. Authorizes the commander to shoot the aircraft down as a national security threat if: (1) at least two warning signals have been fired and it is reasonable to believe that they have been recognized and understood by the occupants of the intercepted aircraft; (2) the cargo has been recovered and identified as a controlled substance; (3) such aircraft fails to obey further communications; and (4) a higher authority has approved the use of force in advance. Directs the Coast Guard to coordinate such interdiction efforts with the Drug Enforcement Administration. Prohibits the use of warning signals or force: (1) over or within 12 miles of U.S. land area or in the airspace of a foreign country unless the foreign government authorizes the United States to use force; (2) if the commander reasonably believes that such signal or force would harm an innocent person; or (3) the intercepted aircraft is flying towards the United States. Requires that drug interdiction aircraft be equipped with a flashing blue light and such other identifying insignia as the Secretary of Transportation shall prescribe. Requires that National Search and Rescue procedures be used to recover downed occupants of an intercepted aircraft. Directs the Secretary to notify fliers of their obligation to communicate with and obey commanders of drug interdiction aircraft and the possible consequences of disobedience. Indemnifies commanders and their assistants for penalties or damages incurred from the use of force. Authorizes Department of Defense assistance to Coast Guard interdiction efforts. Directs the Secretaries of Transportation and Defense to jointly prescribe regulations to implement the Coast Guard's duties under this Act.
Bill· HRH.R. 2711 (102nd)referred
United States · United States Congress · 20 June 1991
Enhanced Safety in Foreign Interdiction Efforts Act of 1991 - Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance described by this Act to eligible countries to assist in the interdiction of drug traffickers in such countries. Permits funds for such assistance to be drawn from funds provided for drug interdiction and counter-drug activities of the Department of Defense (DOD). Authorizes such assistance to consist of: (1) defense articles; (2) intelligence information and support regarding the location and movement of drug traffickers; and (3) members of the U.S. armed forces or other DOD personnel assigned to perform duties of a noncombatant nature. Makes a country eligible for assistance if: (1) the country is provided more than a specified amount of international narcotics control assistance; (2) the country is under a significant terrorist or security threat from drug traffickers; and (3) substantial airborne drug trafficking is carried out in the country. Prohibits a country from receiving such assistance unless the country agrees to: (1) limit the use of force against drug traffickers; (2) accept members of the U.S. armed forces and other DOD personnel to provide training to personnel of such country to enhance the safety and accuracy of interdiction of drug traffickers; (3) prohibit the use of deadly force against civilian aircraft in international airspace or the airspace of another country; and (4) comply with other conditions on the use of such assistance, as appropriate. Prohibits members of the U.S. armed forces or DOD personnel from using deadly force against drug traffickers. Terminates assistance to countries failing to comply with conditions of such assistance. Expresses the sense of the Congress that the President should work with the other signatories of the Convention on Civil Aviation (Chicago Convention) to amend the Convention to authorize the use of force under controlled circumstances in the interdiction of airborne drug traffickers in countries under siege by drug traffickers.
Bill· SS. 1325 (102nd)open
United States · United States Congress · 19 June 1991
Intelligence Authorization Act, Fiscal Year 1991 - Title I: Intelligence Activities - Authorizes appropriations for FY 1991 for intelligence activities in specified departments and agencies of the U.S. Government, including the Central Intelligence Agency (CIA), the Department of Defense (DOD), and the Drug Enforcement Administration. Declares that the authorized amounts and personnel ceilings for such intelligence activities are those specified in the classified schedule of authorizations. Authorizes the Director of Central Intelligence (DCI) to employ civilian personnel in excess of the ceiling for such personnel when necessary to the performance of important intelligence functions. Title II: Intelligence Community Staff - Authorizes appropriations for the Intelligence Community Staff for FY 1991. Establishes an end strength ceiling of 240 full-time Intelligence Community Staff employees, including 50 full-time personnel who are authorized to serve in the Security Evaluation Office. Provides that such staff shall be administered in the same manner as the CIA. Title III: Central Intelligence Agency Retirement and Disability System and Related Provisions - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1991. Amends the Central Intelligence Agency Retirement Act of 1964 for Certain Employees to eliminate the statutory provisions requiring a 15-year career review and an election option for participants in the Central Intelligence Agency Retirement and Disability System (CIARDS) and requires such participants to remain under CIARDS for the duration of their CIA service. Specifies that the five years of marriage spent outside the United States required to qualify for former spouse status must have been during periods of the participant's service with the CIA. Permits a retiree under CIARDS who was unmarried at the time of retirement to: (1) elect a reduction in an annuity for purposes of providing a survivor benefit upon marriage after retirement (currently, an election for a current spouse must be equal to the election made for a spouse to whom the participant was married at the time of retirement); and (2) irrevocably elect within one year of remarriage, where his or her annuity was not reduced to provide a survivor annuity at the time of retirement, to provide an annuity for the new spouse in the event such spouse survives the retired participant (in such case, the retired participant would be required to deposit an amount by which his or her annuity would have been reduced if the election had been in effect since the date of retirement; or, if later, the date the previous reduction in the annuity was terminated. Reduces the remarriage age for purposes of entitlement to survivor and retirement benefits under CIARDS. Requires a surviving spouse who remarries a retiree and becomes entitled to a CIARDS survivor annuity to choose between such annuity and any other survivor annuity to which he or she may be entitled to be eligible to receive survivor annuity payments. Provides for the restoration of benefits of certain former CIA spouses whose benefits were terminated because of remarriage before age 55, and whose remarriage is later dissolved by death, annulment, or divorce. Amends the Central Intelligence Agency Act of 1949 to restore health benefits of former spouses whose benefits were terminated because of remarriage before age 55, and whose remarriage is later dissolved by death, annulment, or divorce. Title IV: General Provisions - Permits appropriations authorized by this Act for benefits for Federal employees to be increased as may be necessary for increases in compensation or benefits authorized by law. Prohibits the authorization of appropriations by this Act from constituting authority for the conduct of any illegal intelligence activity. Authorizes the DCI to charge the entry of an alien against the numerical limitation for any fiscal year (beginning with FY 1991 and ending with FY 1996) notwithstanding that such alien's entry is not made to the United States in such fiscal year if the alien is an employee of the Foreign Broadcast Information Service in Hong Kong or the spouse or child of such alien. Amends the Department of Energy Organization Act to except from the competitive service all positions in the Department of Energy which the Secretary of such department determines are devoted to intelligence and intelligence-related Government activities. Requires the DCI to direct that elements of the intelligence community, whenever compatible with U.S. national security, consistent with operational and security concerns, and fiscally sound, award contracts in a manner that would maximize the procurement of products produced in the United States. Title V: Department of Defense Intelligence Provisions - Authorizes the Secretary of Defense to grant the use of the DOD reimbursement rate for military airlift services provided by DOD to the CIA if such services are provided for activities related to national security objectives. Directs the Defense Mapping Agency to offer certain maps and charts for sale. Authorizes the Secretary to withhold from public disclosure any geodetic product under DOD control that: (1) is restricted pursuant to an international agreement; or (2) contains information that would, if disclosed, reveal sources and methods used to obtain material for geodetic products or military operational or contingency plans. Amends the National Security Agency Act of 1959 to authorize the Director of the National Security Agency (NSA) to use appropriated funds for specified post-employment assistance for NSA employees who have been in sensitive positions but are found ineligible for continued access to sensitive information and continued employment with NSA, subject to specified conditions and reporting requirements. Permits the Secretary to authorize elements of DOD to engage in commercial activities to provide security for the conduct of authorized intelligence collection activities abroad. Prohibits such activities from being conducted after December 31, 1995. Sets forth provisions concerning the use, disposition, and auditing of funds generated by such activities. Authorizes the Secretary, if any compliance with Federal laws and regulations would create an unacceptable risk of compromise of an authorized intelligence collection activity, to permit the operation of the activity notwithstanding such laws and regulations. Permits personnel to conduct such activities in the United States only to the extent necessary to support intelligence activities abroad. Prohibits entities engaged in such activities from employing, assigning, or detailing U.S. persons to perform duties for such entities unless such persons are informed in advance of the intelligence security purposes of such activities. Requires the Secretary to ensure that the House and Senate Intelligence Committees are kept currently and fully informed of such activities. Directs the Secretary to provide to any Member of Congress, upon request, complete access to the Tighe Report (the classified report of the Defense Intelligence Agency relating to efforts to fully account for U.S. military personnel listed as prisoner, missing, or unaccounted for in military actions). Authorizes the Secretary to withhold from disclosure any material that would compromise sources and methods of intelligence. Title VI: Oversight of Intelligence Activities - Amends the Foreign Assistance Act of 1961 to repeal a prohibition on the use of funds for CIA operations in foreign countries, other than for specified intelligence activities. Amends the National Security Act of 1947 to require the President to ensure that: (1) the intelligence committees are kept informed of U.S. intelligence activity, including any significant anticipated intelligence activity; and (2) any illegal intelligence activity as well as any corrective action is reported to such committees. Includes "covert actions" within the definition of "intelligence activities." Bars the President from authorizing the conduct of covert actions by departments, agencies, or entities of the United States unless he determines such activities are necessary to support the foreign policy objectives of the United States. Requires such a determination to be set forth in a written finding that: (1) is not retroactive; (2) specifies each participating Government entity and whether a third party not subject to U.S. regulations will be used; and (3) may not authorize any action which would violate the Constitution or any statute of the United States. Requires the President to ensure that any such finding approved is reported to the intelligence committees as soon as possible after such approval and before the covert action is initiated. Authorizes the President, in extraordinary circumstances affecting vital U.S. interests, to limit access to findings to specified congressional officials but requires the President to provide a statement of the reasons for limiting access in such cases. Requires the President to notify the intelligence committees or congressional officials of any significant change in a previously-approved covert action. Defines "covert action" as any activity conducted by an element of the U.S. Government to influence political, economic, or military conditions abroad so that the Government's role is not apparent or acknowledged. Excludes: (1) activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of U.S. Government programs, or administrative activities; (2) traditional diplomatic or military activities or routine support to such activities; (3) traditional law enforcement activities conducted by U.S. Government law enforcement agencies or routine support to such activities; or (4) certain activities to provide routine support to the overt activities of other U.S. Government agencies abroad. Prohibits the conduct of any covert action which is intended to influence U.S. political processes, public opinion, policies, or media. Bars the expenditure of funds appropriated for, or otherwise available to, any U.S. Government department, agency, or entity for covert actions unless and until a presidential finding has been signed or otherwise issued. Specifies that funds available to an intelligence agency which are not appropriated funds may be obligated or expended for an intelligence or intelligence-related activity only if they are used for activities reported to the appropriate congressional committees pursuant to procedures jointly agreed upon by such committees and the DCI or the Secretary of Defense which identify: (1) types of activities for which nonappropriated funds may be expended; and (2) under what circumstances an activity must be reported as a significant anticipated intelligence activity before such funds can be expended. Considers the anticipated transfer in any fiscal year of any aggregation of defense articles or services exceeding $1,000,000 in value by an intelligence agency to a recipient outside such agency as a significant anticipated intelligence activity.
Bill· SS. 1333 (102nd)referred
United States · United States Congress · 19 June 1991
Federal Used Property for Humanitarian Relief Act of 1991 - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to make available to foreign governments or international relief agencies for humanitarian relief purposes nonlethal surplus personal property not needed for State disaster relief or by the American Red Cross or by States or territories for educational or public health purposes. Requires transfer of such property to the Secretary of State for distribution. Makes the Secretary responsible for the reacquisition of such property from the donee government or agency upon determining that its need for such property ceases to exist. Requires the Secretary to retransfer such property to the Administrator for further disposition. Authorizes executive agencies having any such property in a foreign country that has not been returned to the United States to make such a transfer. Repeals provisions authorizing the Secretary of Defense to make available for humanitarian relief purposes any nonlethal excess supplies of the Department of Defense.
Bill· SS. 1329 (102nd)referred
United States · United States Congress · 19 June 1991
Federal Technology Strategy Act of 1991 - Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to direct the President to develop Federal technology development plans for specified areas of technology and identify national needs in those areas. Requires that the Director of the Office of Science and Technology Policy serve as the lead Federal official for preparation of the plans. Designates the Department of Commerce as the lead civilian agency and the Department of Defense as the lead defense agency. Requires that the Director review the budget of each department and agency, in the context of the plans, before submission. Requires that the Director summarize Federal funding proposed for each of the critical technologies or groups of technologies identified in the most recent biennial critical technologies report. Requires Federal agencies, as appropriate, to support: (1) industry-led projects to develop new generic enabling technologies; and (2) collaboration with State and industry to accelerate commercialization and use of new advanced technologies. Requires each Federal research and development agency to provide funds to support activities under the Advanced Technology Program. Prohibits Federal departments and agencies and any organization in the United States which receives Federal research and development funding from participating in or assisting any technology development project that is operated by or receives funds from a foreign government with which the U.S. Government has a science and technology agreement unless the participation is approved in advance by the Director or the Secretary of Commerce. Authorizes banning violators from receiving Federal research assistance for two years. Requires, when such approval has been obtained, that any Federal department or agency channel funding through U.S.-based joint research and development ventures. Directs the Secretary of Commerce to report to the Congress on actions that can be taken by private industry, the States, and the Federal Government to increase private investment in: (1) the development and production of new commercial technologies; and (2) the use and application of advanced manufacturing and process technologies.
Bill· SS. 1328 (102nd)referred
United States · United States Congress · 19 June 1991
Advanced Manufacturing Technology Act of 1991 - Title I: Advanced Manufacturing Technology Management - Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to direct the President, through the Federal Coordinating Council for Science, Engineering, and Technology, to develop and submit to the Congress, at least once every two years, a strategic road map, covering at least four years after the year in which it is issued, for advanced manufacturing technology (AMT). Establishes the Advanced Manufacturing Technology Advisory Committee. Requires that the Council serve as the lead Federal entity for the development of the map and interagency coordination of Federal AMT activities. Title II: Advanced Manufacturing Technology Development - Part A: Department of Defense - Directs the Secretary of Defense to: (1) refine and implement the National Defense Manufacturing Technology Plan; and (2) encourage AMT research and development of the U.S. public and private sectors. Directs the Secretary to establish one or more Advanced Manufacturing Technology Partnerships to encourage the development and use of generic, precompetitive AMT. Requires each Partnership to be composed of at least two eligible firms. Allows other participants. Authorizes appropriations. Part B: Department of Commerce - Amends the National Institute of Standards and Technology Act to establish, in the Advanced Technology Program, the Advanced Manufacturing Technology Component to provide financial support for activities to identify and solve generic problems associated with research and development in AMT and with the establishment of technical standards in AMT. Directs the Secretary of Commerce to establish one or more such Partnerships. Authorizes appropriations. Part C: Other Departments and Agencies - Directs the Secretary of Energy, the Administrator of the National Aeronautics and Space Administration, and the Director of the National Science Foundation each to establish such Partnerships. Authorizes appropriations. Part D: Administrative and Other Provisions for Partnerships - Requires the participants in each Partnership to designate a lead institution to direct the Partnership. Provides for submission and contents of Partnership proposals, cost-sharing requirements, competitive selection of Partnerships, and protection of information. Part E: Additional Definitions - Sets forth definitions for purposes of this title. Title III: Manufacturing Extension Programs - Amends Federal law to direct the Secretary of Defense to promote the improvement of defense foundation firms (currently, of the subtier defense industry) through the use of manufacturing extension programs (currently, the use of manufacturing extension programs and other organizations). Requires the extension programs to be carried out under existing provisions relating to regional centers for the transfer of manufacturing technology or provisions added by this Act relating to a National Manufacturing Extension Program. Revises the definition of "manufacturing extension programs" to mean public and private nonprofit programs (currently, publicly-chartered organizations and services) for certain purposes aimed at small and medium-sized (currently, small) manufacturing firms. Amends the National Institute of Standards and Technology Act to direct the Secretary of Commerce to conduct the National Manufacturing Extension Program to: (1) encourage efforts to improve manufacturing quality, productivity, and performance; (2) promote development of a broad range of AMT programs; and (3) increase the involvement of appropriate private sector segments. Authorizes: (1) assistance through contracts, cooperative agreements, or other financial arrangements; and (2) technical assistance. Authorizes one-time grants to States which, due to chronic economic disadvantages, lack the resources to establish and sustain AMT programs. Declares that there is an Interagency Council on Manufacturing Extension to take such actions as advising the Secretary of Commerce and providing for coordinated implementation regarding the Extension Program. Authorizes appropriations for: (1) the Department of Commerce to carry out provisions of this Act relating to the Extension Program and the Council; and (2) the Department of Defense to carry out provisions relating to the Program and the Council and for transfer to the Department of Commerce for the conduct of the Extension Program. Title IV: Manufacturing Education and Training - Part A: Defense Manufacturing Engineering Education - Establishes a program of grants to higher education institutions for enhancement of existing and establishment of new manufacturing engineering education programs. Requires that at least ten grants be awarded within one year after enactment of this Act. Requires that a supported program be: (1) conducted at the undergraduate or graduate levels, or both; (2) a consolidated and integrated multidisciplinary program including multidisciplinary instruction, work experience opportunities, faculty and student research, and significant private sector involvement. Authorizes appropriations. Part B: Manufacturing Managers in the Classroom - Directs the Secretary of Defense to conduct the Manufacturing Managers in the Classroom Program to support employment of experienced manufacturing managers and experts as teachers in higher education institutions. Authorizes appropriations to: (1) the Department of Defense to carry out the Program and for transfer to the Department of Commerce for the conduct of the Program; and (2) the Department of Commerce to carry out this part. Title V: International Activities in Advanced Manufacturing - Earmarks certain funds, authorized to be appropriated to the Departments of Defense and Energy under title II of this Act, for AMT activities under the authority of technology agreements entered into by the United States and other nations.
Bill· SS. 1331 (102nd)referred
United States · United States Congress · 19 June 1991
Defense Manufacturing Engineering Education Act of 1991 - Directs the Secretary of Defense (the Secretary) to establish a program of grants to institutions of higher education to support enhancement of existing and establishment of new programs in manufacturing engineering education. Requires consultation with the Director of the National Science Foundation (NSF) and the Director of the Office of Science and Technology Policy. Requires the Secretary and the NSF Director to enter into an agreement to coordinate such grant program with similar NSF programs, and for NSF assistance in administering and managing such grant program. Sets forth requirements for programs of engineering supported by such grant awards. Requires such programs to be conducted at the undergraduate and/or graduate level. Sets forth components for such consolidated and integrated multidisciplinary programs. Requires significant involement of industry in such programs. Sets forth requirements for grant proposals. Bases grant awards on merit competition. Sets forth minimum criteria for selection. Authorizes appropriations to the Department of Defense to carry out such grant program for FY 1992 and 1993.
Bill· SS. 1327 (102nd)referred
United States · United States Congress · 19 June 1991
National Critical Technologies Act of 1991 - Title I: Federal Management of National Critical Technologies - Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to direct the President, through the Federal Coordinating Council for Science, Engineering, and Technology, to develop and submit to the Congress, at least once every two years, a strategic road map, covering at least four years after the year in which it is issued, for each national critical technology. Specifies the required contents of each map, including: (1) assessing current U.S. strengths and weaknesses in developing and applying the covered technologies; (2) specifying goals and priorities in enhancing development or application; (3) increasing access to foreign technology; and (4) identifying feasible joint actions of Federal departments and agencies. Requires the Director of the Office of Science and Technology Policy to establish one or more critical technologies advisory committees to advise the Federal Coordinating Council for Science, Engineering, and Technology (Coordinating Council) and review each map. Requires that the Coordinating Council: (1) serve as the lead Federal agency for development of the maps and interagency coordination of map-related activities; (2) review the Federal budget prior to submission and submit review results to the Executive Office of the President. Title II: Federal Support for Development of Critical Technologies - Part A: Department of Defense - Directs the Secretary of Defense to enter into cooperative arrangements, each known as a Defense Dual-Use Technology Partnership, to encourage and provide for research and development of dual-use critical technologies identified in the annual defense critical technologies plan mandated by current law. Amends Federal law to authorize the Secretary of Defense, in carrying out advanced research projects through the Defense Advanced Research Projects Agency (DARPA) or a military department (currently, through DARPA), to enter into cooperative agreements and other transactions with any entity. Allows the Secretary to authorize the Secretary of the military department concerned to enter into such transactions. Repeals provisions terminating, on a specified date, the Secretary's authority to enter into such agreements. Sets forth special rules for applying existing provisions (relating to payments by the Department of Defense of independent research development costs) to a specified portion of costs attributable to participation in critical technology research and development consortia meeting certain requirements. Authorizes appropriations to carry out the Partnership provisions. Part B: Other Departments and Agencies - Directs the Secretary of Commerce, through the Director of the National Institute of Standards and Technology acting under the Advanced Technology Program, to continue to support the activities of U.S. industry and joint ventures associated with applications of national critical technologies. Authorizes appropriations. Directs the Secretary of Energy to enter into cooperative arrangements, each known as a Department of Energy Critical Technology Partnership, for research and development of critical technologies selected by the Secretary, with each Partnership required to be composed of at least two eligible firms and at least one Department of Energy (DOE) laboratory. Allows other participants. Mandates similar Critical Technology Partnerships within the National Aeronautics and Space Administration (NASA) and the Department of Health and Human Services (HHS). Authorizes appropriations separately for DOE, NASA, and HHS. Part C: Administrative Provisions Relating to Critical Technology Partnerships - Requires that the participants in each Partnership designate a lead institution to direct Partnership activities. Requires: (1) non-Federal participants to contribute at least half of the total Partnership cost; and (2) Partnership selection to be made through a competitive process using specified criteria. Allows an agreement establishing a Partnership to include a requirement that a participant make payments to the department or agency establishing the Partnership. Protects trade secrets and information that is privileged or confidential. Part D: Additional Definitions - Sets forth definitions applicable to this title. Title III: Critical Technology Application Centers - Amends Federal law to direct the Secretary of Defense to conduct the Critical Technology Application Centers Assistance Program, to assist regional critical technology application centers. Requires a center to: (1) include eligible firms conducting business in the region; and (2) be sponsored by an agency connected in one of specified ways to State or local governments. Declares the purpose of a center to be to facilitate the use of national critical technologies for commercial purposes to enhance the development and economic sustainability of the capability of an industry of the region to compete internationally and, in the case of military applications, thereby to maintain industrial capabilities vital to national security. Allows center activities to include: (1) joint research and development; (2) proprietary research and development (limited to a specified percentage of center costs); and (3) sharing of information, equipment, personnel, and expertise. Authorizes the Secretary to provide to a center financial assistance (limited to 30 percent of costs) and technical assistance for up to six years. Prohibits financial assistance for construction. Requires the sponsoring agency to pay at least 30 percent and participating firms to pay at least 40 percent of center costs. Requires that non-Federal participants pay the total costs for proprietary research and development. Requires assistance to be awarded under a competitive process according to specified criteria. Directs the Secretary of Defense to appoint a panel to evaluate the activities of each center receiving financial assistance. Prohibits further assistance to a center if the panel determines that the center's activities are not consistent with center purposes as specified in this Act. Authorizes appropriations to the Department of Defense and Commerce to carry out the Program. Title IV: Foreign Technology Monitoring and Assessment - Requires the Federal Coordinating Council for Science, Engineering, and Technology to: (1) coordinate Federal monitoring of foreign technology developments; (2) facilitate joint foreign science and technology monitoring and assessment efforts of Federal departments and agencies; and (3) establish strategic goals and priorities for the clearinghouses established by this title. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish in the Office of the Under Secretary of Commerce for Technology the Clearinghouse of Foreign Commercial Technology Monitoring and Assessment (Commerce Clearinghouse) to serve as the lead Federal agency for the compilation and dissemination of unclassified information and assessments on foreign research, development, and application of commercial critical technologies. Authorizes appropriations. Directs the Secretary of Commerce to establish a merit-based foreign critical technology monitoring and assessment grant program for the establishment of foreign critical technology monitoring and assessment offices in Europe and on the Pacific Rim Area. Limits support for an office to six years and 50 percent of operating and capital costs. Requires each office to disseminate its assessments to the Commerce Clearinghouse. Authorizes appropriations. Amends Federal law to declare that there is, in the Office of the Director of Defense Research and Engineering, the Clearinghouse of Foreign Defense Technology Monitoring and Assessment (Defense Clearinghouse). Includes among Defense Clearinghouse responsibilities: (1) creating unclassified and classified data bases; and (2) ensuring maximum public availability of information in those data bases through limiting restrictive classification and through disseminating information to the Commerce Clearinghouse. Authorizes appropriations. Authorizes making available to the National Science Foundation, for support of the assessment of foreign capabilities in critical technologies, specified sums from the amounts authorized by this Act for the Commerce and Defense Clearinghouses.
Bill· SJRESS.J.Res. 165 (102nd)referred
United States · United States Congress · 19 June 1991
Prohibits the proposed sale to the United Arab Emirates of AH-64 APACHE attack helicopters and related defense articles and services, and design and construction services described in the certification submitted to the Congress pursuant to the Arms Export Control Act on June 11, 1991.
Bill· SS. 1317 (102nd)referred
United States · United States Congress · 18 June 1991
Economic Adjustment Assistance Authorization Act of 1991 - Amends the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 to make permanent and remove the fiscal year dollar limitations on authorizations of appropriations for: (1) economic adjustment assistance to communities substantially and seriously affected by defense contract cancellations or cutbacks; and (2) defense conversion adjustment program grants.
Bill· SS. 1319 (102nd)referred
United States · United States Congress · 18 June 1991
Directs the Secretary of Veterans Affairs to establish in Hawaii a post-traumatic stress disorder (PTSD) diagnosis and treatment facility to be known as the Pacific Center for Post-Traumatic Stress Disorder and War-Related Disorders. Outlines PTSD activities to be conducted at the Center, including: (1) the provision of inpatient and outpatient care services for veterans and members of the armed forces who live in the Pacific jurisdiction; (2) education and training programs on the disorder for health care and human service professsionals; (3) scientific research; (4) the coordination of PTSD research and treatment activities in Hawaii; and (5) the collection and dissemination of information regarding the diagnosis and treatment of PTSD, other war-related disorders, and disaster-related mental health problems. Directs the Secretary to ensure that such activities provide special emphasis on investigating the relationship between PTSD and the various cultural, ethnic, gender, and other psychological and social characteristics of persons who suffer from the disorder.
Bill· HRH.R. 2681 (102nd)open
United States · United States Congress · 18 June 1991
Universal National Service Act of 1991 - States that it is the obligation of each citizen between the ages of 18 and 25 to perform one year of service for the United States. Establishes in the executive branch the Agency for National Service to: (1) administer the national service program established by this Act; and (2) hear appeals of hardship deferment decisions. Requires the Agency to have a national headquaters, at least one State headquarters in each State, and at least one local placement center in each county. Requires each U.S. citizen between ages 18 and 25 to register with the Agency. Requires each local placement center of the Agency to provide general information to registrants on the nature and scope of the national service program, counselors to interview registrants, and necessary forms for registration. Requires each registrant to choose between the armed forces, the Peace Corps, or the Community Service Program. Directs the Agency to establish and administer a community service program for persons to fulfill their civilian service requirement. Requires the Agency to coordinate community interest and improvement projects to be carried out in local communities under the program. Exempts from service under this Act: (1) members of the service academies and the Coast Guard Academy; (2) all persons serving in the armed forces before December 31, 1992; and (3) those determined to be physically, mentally, or otherwise unfit for service. Provides temporary deferments for: (1) persons found to be physically, mentally, or otherwise unfit for service on a temporary basis; and (2) persons accepted into or attending graduate, medical, dental, or law school. Allows registrants to apply for and be granted temporary or permanent deferments for hardship reasons by the local placement centers. Makes penalties for failure to register under the Military Selective Service Act applicable with respect to registration under this Act.
Bill· HRH.R. 2672 (102nd)referred
United States · United States Congress · 18 June 1991
Authorizes the President, on behalf of the Congress, to present to the Secretary of Defense, Richard B. Cheney, a gold medal in recognition of his exemplary performance as a leader in coordinating the planning, strategy, and execution of combat action by U.S. armed forces which led to the liberation of Kuwait. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
Law· SS. 1306 (102nd)enacted
United States · United States Congress · 17 June 1991
Alcohol, Drug Abuse, and Mental Health Administration Reorganization Act of 1991 - Title I: Administration and Institutes - Subtitle A: Restructuring - Amends the Public Health Service Act to remove provisions relating to the administration, institutes, and research of the Alcohol, Drug Abuse, and Mental Health Administration. Establishes, as an agency of the Public Health Service, the Alcohol, Drug Abuse and Mental Health Services Administration (ADAMHSA). Sets forth its general duties. Authorizes appropriations. Mandates: (1) grants to prevent and treat substance abuse among high risk youth; (2) grants for providing pregnant and postpartum women and their children substance abuse prevention, education, and treatment services, including primary health care, comprehensive social services, support services, counseling, housing, and case management; (3) grants to improve the provision of substance abuse treatment services, including through focusing on specified populations, treatment and vocational training in exchange for service, projects operated by community and migrant health centers, and treatment campus projects; (4) grants for drug and alcohol treatment services to individuals under criminal justice supervision; (5) grants to increase the number of full-time substance abuse treatment and prevention providers and the number of health professionals providing treatment and prevention as a component of primary health care; and (6) grants to States to expand their substance abuse treatment capacity. Authorizes appropriations. Authorizes: (1) grants or contracts for outreach to intravenous drug abusers to prevent exposure to and transmission of the etiologic agent for acquired immune deficiency syndrome; (2) grants, contracts, and cooperative agreements to develop and expand mental health and substance abuse treatment for homeless individuals; and (3) grants to communities for the development of comprehensive long-term strategies for the prevention of substance abuse and evaluation of different community approaches to such prevention. Authorizes appropriations. Authorizes grants for demonstration projects for: (1) community services for seriously mentally ill individuals and their families, seriously emotionally and mentally disturbed children and youth and their families, and seriously mentally ill homeless and elderly individuals; (2) the prevention of youth suicide; (3) recognition, assessment, treatment, and clinical management of depressive disorders; (4) the prevention of sex offenses and treatment and assistance to sex offense victims; (5) mental health services to family violence victims; and (6) prevention services for individuals at risk of developing mental illness. Authorizes appropriations. Requires: (1) the appointment of one or more advisory councils for ADAMHSA; (2) peer review of services grants, cooperative agreements, and contracts administered through ADAMHSA. Requires peer review approval for assistance under, and both peer review and advisory council approval for assistance over, a specified amount. Mandates a process to respond to misconduct in projects receiving funds under specified provisions. Authorizes and regulates the use of experts and consultants. Establishes within ADAMHSA the Office for Special Populations to take specified actions with regard to women, minorities, and the elderly. Establishes in the National Institutes of Health the National Institute on Alcohol Abuse and Alcoholism (NIAAA), the National Institute on Drug Abuse (NIDA), and the National Institute of Mental Health (NIMH), requiring comprehensive research on cause, diagnosis, epidemiology, prevention, and treatment, including services research. Authorizes appropriations. Includes in the purpose of NIMH the study of psychological, social, and legal factors that influence behavior. Authorizes grants, cooperative agreements, and contracts through NIAAA, NIDA, and NIMH relating to research and demonstrations relative to the cause, diagnosis, treatment, control, and prevention of mental illness and substance abuse. Directs the Secretary of Health and Human Services to establish, through NIAAA, NIDA, and NIMH, National Health and Substance Abuse Education Programs to disseminate information on improved treatment and family assistance methods and to support training. Authorizes the Secretary, through NIAAA and NIDA, to designate National Substance Abuse Research Centers for interdisciplinary research on substance abuse and other biomedical, behavioral, and social issues. Mandates annual grants to Centers. Establishes in NIDA the Medication Development Program to take specified steps regarding: (1) medication to treat the symptoms and disease of alcohol and drug abuse and addiction and related mental disorders; and (2) supporting training in such areas. Mandates related grants or contracts and cooperative agreements. Subtitle B: Miscellaneous Provisions - Replaces provisions titled "Miscellaneous Provisions Relating to Substance Abuse and Mental Health" with provisions directing the Secretary, through the ADAMHSA Administrator, as feasible and on request of a State, to make technical assistance available for specified purposes, including: (1) program management and evaluation; (2) accreditation or licensure of facilities and personnel; and (3) improving the scope of mental health and substance abuse health insurance offered in the State. Makes the Secretary, through the Administrator, responsible for fostering substance abuse prevention and treatment programs and services in State and local governments and private industry. Mandates: (1) development of model programs suitable for replication on a cost-effective basis in different types of businesses and governmental entities; and (2) dissemination of information on the model programs. Prohibits denial or deprivation of Federal civilian employment or a Federal professional or other license or right solely on the grounds of prior substance abuse, except for employment in specified Federal agencies, any other Federal department or agency designated for purposes of national security by the President, or any Federal position determined to be sensitive. Prohibits discrimination against substance abusers who are suffering from medical conditions in admission or treatment, solely because of their substance abuse, by any private or public general hospital, or outpatient facility receiving any Federal support. Prohibits disclosure of patient information maintained in connection with substance abuse prevention, training, treatment, or research which is conducted or assisted by any Federal department or agency, subject to specified exceptions. Provides for monetary penalties. Mandates: (1) data collection on the national incidence and prevalence of the various forms of mental illness and substance abuse; and (2) competitive grants for epidemiological and longitudinal studies of infants and the families of infants with fetal cocaine and fetal alcohol syndromes. Authorizes appropriations. Provides, if the Secretary determines that a disease or disorder within the jurisdiction of ADAMHSA constitutes a public health emergency, for: (1) expediting peer and advisory committee review; (2) waiving advertising requirements for proposals for contracts; (3) increasing existing grants and contracts; and (4) disseminating information. Subtitle C: Transfer Provisions - Provides for the transfer from the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) to: (1) ADAMHSA of authorities, responsibilities, services, personnel, assets, liabilities, orders, regulations, legal actions, and other matters; and (2) the appropriate Directors of NIAAA, NIDA, and NIMH all research related functions of ADAMHA. Subtitle D: Conforming Amendments - Amends specified provisions of the Public Health Service Act relating to projects for assistance in transition from homelessness and provisions relating to alternative utilization of military facilities to substitute references to the Administrator of ADAMHSA for references to: (1) the Director of the National Institute of Mental Health; and (2) the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse. Directs the Secretary to carry out provisions relating to alcohol and drug abuse and mental health services block grants through the Administrator. Subtitle E: Miscellaneous Provisions - Directs the Secretary to try to get alternative Federal funding for grantees receiving assistance under the community youth activity program under the Anti-Drug Abuse Act of 1988. Requires that the peer review systems, advisory councils, and scientific advisory committees used by NIAAA, NIDA, and NIMH before the transfer of those Institutes to NIH be used by those Institutes after the transfer. Title II: Reauthorization and Improvement of Alcohol and Drug Abuse and Mental Health Service Block Grant Program - Authorizes appropriations for the alcohol and drug abuse and mental health service block grant provisions of the Public Health Service Act. Revises the formula for determining the amount of block grant allotments. Requires that unobligated block grant funds remain available to a State if the Secretary finds that the funds were obligated but subsequently unobligated due to the State's diligence in carrying out the purposes of such provisions. Directs (currently, authorizes) the Secretary to waive a requirement (to spend at least 50 percent of specified funds reserved to carry out certain drug abuse activities) if the Secretary determines that the incidence of intravenous drug abuse in a State does not require that level of funding. Allows block grant allotments to be used for: (1) grants to community health centers for services relating to seriously (currently, chronically) mentally ill individuals; (2) grants to underserved populations of mentally ill individuals in State and local correctional facilities; (3) renovation that makes land or a facility suitable for use under such block grant provisions, including removing hazards or making the land or facility accessible to disabled persons; and (4) programs of treatment for adult and juvenile substance abusers in State and local criminal and juvenile justice systems. Replaces provisions prohibiting the use of block grant funds for the distribution of needles or bleach in connection with the use of illegal drugs with a provision prohibiting the use of such funds for any program prohibited by specified provisions (relating to needle or syringe distribution) of the Health Omnibus Programs Extension of 1988. Amends provisions limiting the percentage of block grant funds a State may use for administration to prohibit including in administrative expenses reasonable expenses incurred for training. Prohibits substance abuse treatment facilities and mental health treatment facilities receiving assistance under Public Health Service Act block grant provisions from discriminating against mentally ill substance abusers. Requires a State to maintain spending levels for alcohol and drug abuse and community mental health services at least at the level (currently, the average level) the State maintained during the previous two years. Removes a provision allowing waiver of that requirement due to extraordinary economic conditions in the State. Adds a requirement that the State mental health planning council comment on the State plan required under specified provisions. Requires a State, on request of the council, to submit the comments to the Secretary with the State plan. Requires development and implementation by a State, and annual approval by the Secretary, of a statewide Substance Abuse Prevention and Treatment Plan. Directs the Secretary, in making grants under existing provisions for the development of State comprehensive mental health services plans, act through the Administrator of ADAMHSA. Title III: Studies - Requires the Director of the NIDA to report to specified congressional committees on the role of the private sector in the development of anti-addiction medications, including legislative proposals designed to encourage private sector development of such medications. Requires the Commissioner of the Food and Drug Administration to report to specified congressional committees on the process by which anti-addiction medications receive marketing approval. Declares that it is the sense of the Congress that the Medications Development Division of the NIDA shall devote special attention and adequate resources to the development of specified medications relating to drug abuse. Requires the Directors of NIAAA, NIDA, and NIMH to establish a panel of independent experts in pharmacotherapeutic treatment of drug addiction to report to the appropriate congressional committees on the national strategy for developing such treatments. Requires the report to be made available to the public. Directs the Secretary to report to the appropriate congressional committees on a uniform definition of "serious mental illness." Requires the ADAMHSA Administrator, acting jointly with the NIMH Director, to report to the appropriate congressional committees on the most effective methods for, and the obstacles to, providing mental health services to individuals residing in correctional facilities.
Bill· SS. 1302 (102nd)referred
United States · United States Congress · 17 June 1991
Authorizes the Secretary of the Army to award a combat armor badge to any armor soldier who was assigned or attached to an Army armored, cavalry, or reconnaissance unit while such unit was engaged in combat operations against an enemy force.
Bill· SS. 1297 (102nd)open
United States · United States Congress · 14 June 1991
Coast Guard Authorization Act of 1991 - Authorizes appropriations for the Coast Guard for FY 1992 and 1993 for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, test, and evaluation; (4) retired pay and benefits; (5) alteration or removal of bridges; and (6) environmental compliance and restoration. Requires certain expenditures under these authorizations for oil recovery systems to be: (1) for systems manufactured in the United States; and (2) pursuant to competitive bidding based on performance specification and cost. Authorizes Coast Guard end strengths for active-duty personnel and average military training student loads. Amends Federal law to: (1) delay the retirement date of Coast Guard rear admirals and rear admirals (lower half) who are considered but not continued on active duty; and (2) allow the Coast Guard Commandant, with the approval of the Secretary of the department in which the Coast Guard is operating, to annually retain on active duty a rear admiral or rear admiral (lower half) who would otherwise be retired. Establishes below-standard performance or moral or professional dereliction as criteria for involuntary retirement of enlisted personnel with at least 20 years of service. (Current law allows involuntary retirement at the discretion of an Enlisted Personnel Board, with approval by the Commandant.) Authorizes the Commandant to use services of individuals performing court-ordered community service. Authorizes the Coast Guard, to the extent provided for in appropriations Acts, to enter into: (1) a lease for a site at the Massachusetts Military Reservation on Cape Cod for construction and/or renovation of housing units; and (2) a lease to acquire a site at Charleston, South Carolina, for construction of a permanent air facility. Authorizes the Coast Guard to spend appropriated amounts for such housing and such air facility. Mandates a report to specified congressional committees on Coast Guard housing. Extends to September 30, 1994, the termination date of the Coast Guard Academy Advisory Committee. Provides for the sale of recyclable materials held by the Coast Guard and for the operation of recycling programs at Coast Guard installations. Deems the John F. Limehouse Memorial Bridge across the Atlantic Intracoastal Waterway in Charleston County, South Carolina, an unreasonable obstruction to navigation. Extends to September 30, 1996, the termination date of the National Boating Safety Advisory Council. Allows, in emergencies, Coast Guard Ready Reserve forces to be called to active duty: (1) with no stated requirement for Presidential approval (current law requires Presidential approval); and (2) for up to 30 days in a four-month period and up to 60 days in a two-year period (currently, for up to 14 days in a four-month period and up to 30 days in a one-year period). Increases the limitation on the percentage of retired officers who may be on active duty. Amends the Inland Navigational Rules Act of 1980 to require a vessel or class of vessels of special construction or purpose to comply with alternative rules when the Secretary of the department in which the Coast Guard is operating determines that the vessel or class cannot comply fully. (Current law requires such alternative compliance when the vessel or class cannot comply without interfering with the special function.) Modifies collision avoidance rules regarding vessels whose passage or safe passage is not to be impeded. Amends provisions of Federal law relating to the use of fire-retardant materials in certain passenger vessels to change from 1993 to 1998 the date on which certain requirements apply to vessels in operation before 1968. Requires the owner or operator of a vessel exempted from such provisions to notify the Coast Guard of structural alterations to the vessel and to comply with any noncombustible material requirements the Coast Guard prescribes consistent with preservation of the historic integrity of the vessel. Directs the Secretary of Transportation to report to specified congressional committees regarding methods by which Coast Guard enforcement efforts under the Marine Protection, Research, and Sanctuaries Act of 1972 may be enhanced and coordinated with those of the National Oceanic and Atmospheric Administration. Authorizes the Secretary of the department in which the Coast Guard is operating to convey to the State of New Jersey of all right, title, and interest of the United States in the Cape May Point Lighthouse to be used as a nonprofit center for the interpretation and preservation of the material culture of the Coast Guard and the maritime history of Cape May.
Bill· SS. 1301 (102nd)referred
United States · United States Congress · 14 June 1991
Omnibus Adoption Act of 1991 - Title I: National Advisory Council on Adoption - Establishes the National Advisory Council on Adoption (the Council), to be appointed by the Secretary of Health and Human Services (HHS). Terminates such Council after four years. Title II: Adoption Data Collection System - Directs the Secretary of HHS to: (1) report to the Congress, within 30 days, on the status of the implementation of the adoption data collection system required under specified provisions of the Social Security Act, including specific assurances relating to such system; (2) report monthly to the Congress on the progress made in implementing such system; and (3) consult with the Council in developing regulations to carry out such reporting requirements and assurances. Title III: Adoption Education Programs - Amends the Higher Education Act of 1965 (HEA) to establish a program of fellowships for graduate study in social work, in innovative programs concerning the effects of adoption on the adopted children, their adoptive families, and their biological parents who make an adoption plan. Directs the Secretary of Education to award up to 50 such fellowships. Sets forth provisions for student selection procedures, stipends, payments to institutions, fellowship conditions, consultation with the Council, and an authorization of appropriations for FY 1992 through 1994. Directs the Secretary of Education, within one year after enactment of this Act, to make grants to States to carry out adoption education programs. Sets forth provisions for grants amounts, applications and agreements, program guidelines, consultation with the Council, and an authorization of appropriations for FY 1992 through 1994. Title IV: Adoption Benefits for Federal Employees and Military Personnel - Amends Federal law relating to Federal employees to allow their sick leave (including advance sick leave) to be used for purposes relating to the adoption of a child. Includes prenatal and maternal benefits (other than those relating to a surrogate parenting arrangement) for the biological mother of an adoptive child among the types of benefits which may be provided under Federal employee benefits plans. Directs the Office of Personnel Management (OPM) to establish minimum standards for this type of benefits, in accordance with specified guidelines. Amends Federal law relating to members of the uniformed services to require establishment of a program to reimburse them for expenses they incur for prenatal and maternal care provided to the biological mother of a child they legally adopt. Limits such reimbursement to care provided on or after the date on which the member notifies the appropriate administering Secretary. Prohibits such reimbursement for expenses incurred in carrying out a surrogate parenting arrangement. Includes prenatal care among types of authorized care for military dependents. Includes care for preexisting conditions among the types of authorized care for adopted children of uniformed service members. Defines adopted child, for purposes of Federal law relating to members of the uniformed services, as a child with respect to whom a written plan of adoption has been entered into pursuant to the laws of the State in which the child resides. Directs OPM and the Secretary of Defense to coordinate their development of regulations and guidelines to carry out their responsibilities under this title, and to consult with the Council in such development. Title V: Adoption Tax Credit - Amends the Internal Revenue Code (IRC) to establish a refundable tax credit for certain amounts of adoption expenses, for taxpayers at certain income levels. Title VI: Maternal Health Certificates Program - Directs the Secretary of HHS, within 180 days after enactment of this Act, to establish a program to provide maternal health certificates for eligible pregnant women to use to cover expenses incurred in receiving services at a maternal and housing services facility. Bases eligibility on an individual's having an annual individual income of not greater than 175 percent of the applicable official poverty line income. Determines such income without taking account of: (1) the income of any parent or guardian of the individual; or (2) the income of an estranged spouse who has been living apart from the woman for at least six months. Prohibits finding an individual ineligible for such program solely on the grounds that they do not receive aid under the State plan for aid for families with dependent children (AFDC) under the Social Security Act. Sets limits on the amount of expenses which such program certificates may cover. Directs the Secretary of HHS to consult with the Council in developing regulations for such program. Authorizes appropriations for FY 1992 through 1994 for such maternal health certificates program. Title VII: Rehabilitation Grants for Maternity Housing and Services Facilities - Directs the Secretary of Housing and Urban Development (HUD) to carry out a program to make grants to eligible nonprofit entities for rehabilitation of existing structures for use as facilities to provide housing and services to pregnant women. Sets forth provisions for such grant program authority, applications, limitations on numbers and amounts of grants, and reporting requirements. Directs the Secretary of HUD to consult with the Council in issuing such program regulations. Authorizes appropriations for such program for FY 1992 through 1994. Title VIII: Sense of Congress Regarding Changes in State Adoption Laws - Expresses the sense of the Congress that each State should adopt and enforce specified types of adoption laws, rules, or regulations, which include provisions for: (1) disclosure of all relevant information, including background information (except actual identification of the child or biological parents), to the prospective adoptive parent, with criminal penalties for unauthorized disclosure, (2) pre-placement investigations of the prospective adoptive parent; (3) disclosure to the court of all costs incurred by or on behalf of each party to the adoption; (4) guaranteed adequate legal representation for the biological mother; (5) filing of a petition for adoption with the appropriate court within one year after placement; and (6) coverage by the health plan of the adoptive parent of pregnancy and childbirth expenses (excluding surrogate parenting arrangements) for the child and the biological mother, or for any dependent child of the plan enrollee, and plan coverage of pre-existing conditions of adopted children.
Bill· SS. 1300 (102nd)referred
United States · United States Congress · 14 June 1991
Impacted Communities Assistance Act of 1991 - Directs the Administrator of General Services to assume jurisdiction over that part of the real property of a closed military installation which is suitable for transfer as soon as the Secretary of Defense: (1) closes such installation; and (2) renders the transferrable property environmentally safe in accordance with Federal law. Directs the Administrator, as soon as possible after assuming such jurisdiction, to offer title to such real property first to the local community affected by the closure of such military installation. Provides that if the local community refuses such property (or fails to accept such property within six months), the Administrator shall offer the property successively to the county involved, the State of the installation, other Federal departments and agencies, and the highest bidder. Provides for the disposition of property located in more than one local community or county. Authorizes the Secretary or the Administrator to sever from property so transferred that property not suitable for transfer because of environmental concerns or other valid reasons, including a finding that development of such property would destroy an environmental heritage. Requires the Secretary and the Administrator to include appropriate representatives of the local community in all discussions and decisions concerning the disposition of a closed military installation. Requires the local community, county, or State receiving such property to agree: (1) that if the property is sold within ten years after the date of conveyance, the entity involved must pay the United States 25 percent of the proceeds from such sale; (2) to make available to the Comptroller General all necessary information; and (3) to such other terms and conditions as determined necessary by the Administrator to ensure the acceptance of such property at the earliest possible date by the impacted community. Outlines actions to be taken by the Administrator if a local community, county, or State fails to comply with any such condition. Authorizes appropriations.
Bill· SJRESS.J.Res. 162 (102nd)referred
United States · United States Congress · 14 June 1991
Declares that the Congress recognizes the support and efforts of the National Committee for the Airborne Museum at Fort Bragg, North Carolina. Encourages U.S. citizen awareness and participation in the development of the Museum project in honor of all those who served in the airborne and special operations forces of the U.S. Army.
Bill· SS. 1296 (102nd)referred
United States · United States Congress · 13 June 1991
Unemployment Insurance Reform Act of 1991 - Title I: Optional Supplemental Unemployment Benefits Program - Allows States to enter into and participate in an agreement with the Secretary of Labor (the Secretary) to provide optional supplemental unemployment compensation under this Act in lieu of extended unemployment compensation under the Federal-State Extended Unemployment Act of 1970 (if the State has a State unemployment compensation law approved by the Secretary under which such extended compensation is payable). Allows a State to terminate such agreement upon 30 days written notice to the Secretary. States that supplemental benefits are for unemployed workers who have exhausted their basic 26 weeks of regular benefits in States experiencing specified elevated levels of employment. Provides for up to 26 weeks of such supplemental benefits for an eligible individual. Requires that the supplemental benefit period in a State last at least 26 weeks, but that no other such period shall begin until five weeks after the close of a prior such period. Bases the State "on" indicator or trigger for a week of such supplemental benefits on whether, for the most recent three calendar month period for which data are available, the seasonaly adjusted average rate of total unemployment (TUR) in the State equals or exceeds: (1) seven percent; and (2) 120 percent of the average of such rates for the corresponding three-month period ending in each of the preceding two calendar years. Establishes a special rule to declare there is a State "on" indicator if: (1) the State TUR for such period is at least six percent but less than seven percent; and (2) the national TUR for such period is seven percent or more. Declares there is a State "off" indicator for a week when the most recent three-month period does not satisfy such requirements. Sets forth a formula for determining the amount of any optional supplemental benefits account, with a variable limit based on the State's average unemployment rate. Provides for payments to States having agreements for the payment of optional supplemental compensation benefits. Authorizes appropriations to the extended unemployment compensation account in amounts necessary to carry out this Act. Sets forth sanctions for fraud and overpayments. Makes conforming amendments to the Social Security Act. Title II: Extended Unemployment Compensation Reform - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to revise the State "on" and "off" indicators or triggers for a week. Declares that there is State "on" indicator for a week if there is: (1) a State TUR, for the most recent three-month period for which data are available, which is seven percent or more and which is 120 percent or more of average of certain earlier rates; or (2) a national TUR for the most recent such period of eight percent or more. Declares there is on "off" indicator for a week when such "on" requirements are met. Amends the Social Security Act to establish a contingency fund for costs of unemployment compensation administration during periods of high unemployment. Provides for an additional specified amount to be appropriated for every increase of 100,000 persons (with pro rata amounts for smaller increases above the first 100,000 increase) in the insured unemployment level above that assured in the President's budget proposal for that fiscal year. Designates such appropriations emergency direct spending and an emergency requirement in reports required under the Balanced Budget and Emergency Deficit Reduction Act of 1985 (Gramm-Rudman-Hollings Act), as amended by the Omnibus Budget Reconciliation Act of 1990. Repeals specified provisions of Federal law which limit ex-military service personnel's eligibility for regular unemployment benefits to the 13 weeks after a four-week waiting period (thus making such individuals eligible for such benefits on the same basis as other unemployed workers, that is, for 26 weeks after a one-week waiting period). Amends the Internal Revenue Code with respect to approval of State unemployment compensation laws to: (1) allow States (by making benefit denial discretionary rather than mandatory) to pay unemployment benefits to nonprofessional employees (i.e. support staff) of educational institutions between academic years or terms if they are otherwise eligible; and (2) require States to determine eligibility for compensation on an individual's work history, which includes such history for the most recent calendar quarter (setting specified deadlines for a State to meet such requirement).
Bill· SS. 1288 (102nd)referred
United States · United States Congress · 13 June 1991
Spending Priority Reform Act of 1991 - Expresses the sense of the Congress that any money returned to the Treasury as a result of this Act should be deposited in the General Fund of the Treasury to be applied against servicing the national debt. Title I: Interior Appropriations - Rescinds unauthorized FY 1991 appropriations to the Department of the Interior for: (1) certain National Park Service studies; (2) projects for historic landmarks; and (3) grants for miscellaneous local projects. Title II: Commerce, Justice, State Appropriations - Rescinds unauthorized FY 1991 appropriations to the National Oceanic and Atmospheric Administration for: (1) a specified fresh-water fish hatchery; (2) a certain seafood consumer center, Oregon; (3) a project for fish oil research; (4) special area management planning, Charleston, South Carolina; and (5) the purchase of a research vessel for the University of Massachusetts. Amends the Small Business Act to repeal the authorization for a tree planting program. Rescinds unauthorized FY 1991 appropriations to the Small Business Administration for such program and for direct grants for miscellaneous projects. Title III: Treasury, Postal Service, and General Government Appropriations - Rescinds unauthorized FY 1991 appropriations to the General Services Administration for certain projects funded through the Federal Buildings Fund. Title IV: Agriculture Appropriations - Rescinds unauthorized FY 1991 appropriations to the Department of Agriculture for certain special research grants and the rural development grant for the restoration of the birthplace of Lawrence Welk or the construction, alteration, or repair of a Lawrence Welk museum. Title V: Transportation Appropriations - Rescinds unauthorized FY 1991 appropriations to the Department of Transportation for specified Federal Highway Administration demonstration projects. Title VI: Housing and Urban Development Appropriations - Rescinds unauthorized FY 1991 appropriations to the Department of Housing and Urban Development for certain housing projects. Title VII: Defense Appropriations - Rescinds unauthorized FY 1991 appropriations made under the Department of Defense Appropriations Act, 1991, for certain grants to universities and certain miscellaneous projects. Title VIII: Foreign Operations Appropriations - Rescinds unauthorized FY 1991 appropriations for a specified grant relating to foreign development and development assistance made to a university. Title IX: Legislative Branch Appropriations - Rescinds unauthorized appropriations to study the location for a new staff gymnasium for the House of Representatives. Title X: Supplemental Appropriations (Public Law 102-27) - Rescinds unauthorized appropriations made under the Dire Emergency Supplemental Appropriations for Consequences of Operation Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation Administration, Veterans Compensation and Pensions, and Other Urgent Needs Act of 1991 for: (1) the service life extension program for the U.S.S. Kennedy at the Philadelphia Naval Shipyard; and (2) the costs of establishing a Center for Commerce and Industrial Expansion at Loyola University of Chicago.
Bill· HRH.R. 2637 (102nd)open
United States · United States Congress · 13 June 1991
Waste Isolation Pilot Plant Land Withdrawal Act - Withdraws specified lands in New Mexico for a maximum ten-year period from all forms of entry, appropriation, and disposal under the general land laws (including mineral leasing, geothermal, material sale, and mining laws). Reserves the withdrawn lands for use by the Secretary of Energy (the Secretary) for conducting test phase activities. Revokes specified administrative land withdrawal orders issued by the Secretary of the Interior. Confers management responsibility upon the Secretary of the Interior for such lands' withdrawal, and directs him to: (1) consult with the Secretary and the State of New Mexico in discharging such responsibilities; and (2) develop and submit to the State of New Mexico and certain congressional committees a management plan for the use of the Withdrawal until the end of the decommissioning phase. States that uses related to the Waste Isolation Pilot Plant Land Withdrawal (WIPP) take priority over other non-WIPP related uses. Prescribes grazing, hunting and trapping guidelines. Directs the Secretary of the Interior to dispose of salt tailings extracted from the Withdrawal that the Secretary determines are not needed for backfill at WIPP. Proscribes any form of mining (including slant drilling from outside boundaries) on Withdrawal lands. Authorizes the Secretary of Energy to close Withdrawal lands to the public for health and safety or common defense and security reasons. Requires the Secretary to review annually (and revise as necessary) the WIPP Test Phase Plan Performance Assessment, including a plan for any test phase activity to be conducted at WIPP. Conditions the plan's approval by the Administrator of the Environmental Protection Agency (EPA) upon a finding that the plan's proposed activities are necessary to demonstrate that the WIPP facility is in compliance with EPA disposal standards. Requires the Secretary to submit for the Administrator's review a detailed retrieval plan to be implemented by the Secretary in the event of noncompliance during the test phase with disposal standards of this Act or certain hazardous waste regulations under it. Mandates that the test phase plan and the retrieval plan be submitted by the Secretary to the State of New Mexico for its review. Provides for conflict resolution procedures if the State of New Mexico disagrees with any plan aspect. Sets forth requirements and limitations with respect to test phase activities. Prescribes guidelines for contact-handled and remote-handled transuranic radioactive waste operations in WIPP. Directs the Administrator to issue environmental standards for the disposal of spent fuel, high-level, and transuranic radioactive waste. Directs the Secretary to: (1) comply with all applicable environmental protection and public health and safety laws during the testing, operations, and decommissioning phase with respect to WIPP; and (2) submit biennially to the State of New Mexico documentation of continued compliance with its regulatory requirements (and those of the Administrator). Prescribes remedial procedures in the event of the Secretary's noncompliance with regulatory requirements during the testing, operations and decommissioning phases. Prohibits the Secretary from transporting high-level radioactive waste to WIPP, or from emplacing or disposing of it at WIPP. Authorizes appropriations for acquisition of a potash leasehold within the Withdrawal. Directs the Secretary to submit a WIPP decommissioning plan to specified congressional committees, the Administrator, the State of New Mexico, and the Secretary of the Interior. Directs the Secretary of the Interior to develop a post-decommissioning management and use plan for the Withdrawal. Declares that this Act does not affect the authority of the State of New Mexico under the Solid Waste Disposal Act. Directs the Secretary to encourage WIPP-related business and employment opportunities conducive to the economy of New Mexico, and to report annually to the State on such activities. Provides for impact assistance payments and payments to local governments (including medical emergency preparedness payments). Allocates appropriations for economic impact monitoring functions. Prohibits WIPP-related transuranic radioactive waste transportation: (1) except in packages that have been certified by the Nuclear Regulatory Commission and have satisfied its quality assurance provisions; or (2) from the Los Alamos National Laboratory until the Santa Fe bypass has been completed, or funds for its construction have been appropriated. Directs the Secretary to request the National Academy of Sciences to study and report to the Congress a comparison of the shipment of transuranic radioactive waste to the WIPP by truck and by rail.
Bill· HRH.R. 2650 (102nd)referred
United States · United States Congress · 13 June 1991
Directs the Secretary of Veterans Affairs to establish a program which provides grants to State programs for advising and assisting veterans in matters concerning veterans' benefits. Outlines State grant application requirements, including the submission of a plan for the coordination of State veterans' services assistance programs with activities and programs of local veterans' service organizations. Requires such plan to assure that local veterans' service authorities will: (1) manage and deliver the services under the program; (2) determine the specific advice and assistance to be provided to veterans under the program; and (3) assume a portion of program costs. Requires States, as a condition of grant approval, to match Federal grant funding on a prorated basis for the first two fiscal years, and to match equally such funding for the third and subsequent fiscal years. Directs the Secretary to prescribe regulations to be used in: (1) evaluating State grant applications; and (2) the administration of the program. Authorizes appropriations for FY 1992 through 1994.
Bill· HRH.R. 2648 (102nd)referred
United States · United States Congress · 13 June 1991
Comprehensive Service Programs for Homeless Veterans Act of 1991 - Directs the Secretary of Veterans Affairs to provide, either directly or by contract, for the establishment of not less than 25 outreach service centers for homeless veterans in areas where there is a significant number of such veterans. Prohibits the Secretary from contracting for the provision of such centers unless: (1) the contractor agrees to pay at least 25 percent of the amounts necessary to provide materials and services under the contract; and (2) the Secretary has determined that the contractor has the capacity to carry out such an agreement. Requires at least seven full-time employees to be assigned to each center, in addition to individuals currently employed by the Department of Veterans Affairs. Requires assigned employees to include medical and psychiatric care professionals and case managers. Outlines services to be provided at such centers, including case management, health care, mental health and employment counseling, social services, hygiene facilities, benefits assistance, legal assistance, transportation assistance, meals, and other appropriate services. Requires at least 35 percent of the centers to be established through contracts with private nonprofit providers. Authorizes appropriations for FY 1992 through 1994. Directs the Secretary to provide, either directly or by contract, not less than 20 mobile support teams to provide services through medically equipped vans in areas with a high percentage of homeless veterans and in rural areas without adequate access to medical services of the Department. Requires such services to include clinical care, case management, monitoring, meals, benefits assistance, and transportation services. Requires at least 35 percent of such mobile support teams to be provided through contracts with private nonprofit providers. Authorizes appropriations for FY 1992 through 1994. Directs the Secretary to provide for not less than 50 transitional group homes whose only residents shall be homeless veterans. Requires such homes to be established primarily in residential areas. Requires the following with respect to such transitional housing: (1) that the manager of the housing is a veteran who resides there; (2) that such residents have access to job training, substance abuse rehabilitation, health care, mental health services, case management, benefits assistance, and transportation; (3) that such residents are either employed part-time or involved in job training; (4) that appropriate veterans participate in a substance abuse counseling or rehabilitation program; (5) that alcohol or drug use in such housing will be prohibited and violators expelled; (6) that veterans residing in the housing pay rent to the extent of their ability to pay; and (7) that such housing is in compliance with State and local housing codes and regulations. Requires at least 35 percent of the group housing to be provided through contracts with private nonprofit providers. Authorizes appropriations. Directs the Secretary to conduct evaluations and report to the Congress on the outreach service centers program, the mobile support teams program, and the transitional group homes program. Authorizes the Secretary to accept services and equipment donated for such programs. Authorizes the Secretary to contract with nonprofit organizations for services performed or utilized under the outreach service centers program or the transitional group housing program.
Bill· HRH.R. 2643 (102nd)referred
United States · United States Congress · 13 June 1991
Spending Priority Reform Act of 1991 - Expresses the sense of the Congress that any money returned to the Treasury as a result of this Act should be deposited in the General Fund of the Treasury to be applied against servicing the national debt. Title I: Interior Appropriations - Rescinds unauthorized FY 1991 appropriations to the Department of the Interior for: (1) certain National Park Service studies; (2) projects for historic landmarks; and (3) grants for miscellaneous local projects. Title II: Commerce, Justice, State Appropriations - Rescinds unauthorized FY 1991 appropriations to the National Oceanic and Atmospheric Administration for: (1) a specified fresh-water fish hatchery; (2) a certain seafood consumer center in Oregon; (3) a project for fish oil research; (4) special area management planning in Charleston, South Carolina; and (5) the purchase of a research vessel for the University of Massachusetts. Amends the Small Business Act to repeal the authorization for a tree planting program. Rescinds unauthorized FY 1991 appropriations to the Small Business Administration for such program and for direct grants for miscellaneous projects. Title III: Treasury, Postal Service, and General Government Appropriations - Rescinds unauthorized FY 1991 appropriations to the General Services Administration for certain projects funded through the Federal Buildings Fund. Title IV: Agriculture Appropriations - Rescinds unauthorized FY 1991 appropriations to the Department of Agriculture for certain special research grants and the rural development grant for the restoration of the birthplace of Lawrence Welk or the construction, alteration, or repair of a Lawrence Welk museum. Title V: Transportation Appropriations - Rescinds unauthorized FY 1991 appropriations to the Department of Transportation for specified Federal Highway Administration demonstration projects. Title VI: Housing and Urban Development Appropriations - Rescinds unauthorized FY 1991 appropriations to the Department of Housing and Urban Development for certain housing projects. Title VII: Defense Appropriations - Rescinds unauthorized FY 1991 appropriations made under the Department of Defense Appropriations Act, 1991, for certain universities and certain miscellaneous projects. Title VIII: Foreign Operations Appropriations - Rescinds unauthorized FY 1991 appropriations for a specified grant relating to foreign development and development assistance made to a university. Title IX: Legislative Branch Appropriations - Rescinds unauthorized appropriations to study the location for a new staff gymnasium for the House of Representatives. Title X: Supplemental Appropriations (Public Law 102-27) - Rescinds unauthorized appropriations made under the Dire Emergency Supplemental Appropriations for Consequences of Operation Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation Administration, Veterans Compensation and Pensions, and Other Urgent Needs Act of 1991 for: (1) the service life extension program for the U.S.S. Kennedy at the Philadelphia Naval Shipyard; and (2) the costs of establishing a Center for Commerce and Industrial Expansion at Loyola University of Chicago.
Bill· SS. 1280 (102nd)referred
United States · United States Congress · 12 June 1991
Authorizes the Secretary of the Treasury to invest in U.S. securities moneys in the Veterans' Canteen Service Revolving Fund that are not required for current operations, as determined by the Secretary of Veterans Affairs.
Bill· SS. 1279 (102nd)referred
United States · United States Congress · 12 June 1991
Deletes a Federal provision which precludes the Department of Veterans Affairs from providing veterans with medical equipment and prosthetic devices as part of outpatient care furnished for, or to obviate the need of, hospital care. Directs the Secretary of Veterans Affairs to furnish needed fitting and training in the use of any medical equipment that the Department furnishes to a veteran. Authorizes the Secretary to: (1) furnish veterans eligible for medical services with special clothing made necessary by the wearing of a prosthetic appliance; (2) repair or replace any medical equipment or prosthetic appliance which was damaged or destroyed by a fall or other accident caused by a service-connected disability for which the veteran is entitled to disability compensation; and (3) furnish devices for assisting veterans entitled to compensation on account of hearing impairment in overcoming profound deafness.
Bill· HRH.R. 2624 (102nd)open
United States · United States Congress · 12 June 1991
Technology Preservation Act of 1991 - Amends the Defense Production Act of 1950 to authorize the President to conduct a review to determine whether an investigation should be conducted to determine the effects on national security of certain mergers, acquisitions, and takeovers (takeovers) by foreign persons which could result in foreign control of persons or activities engaged in interstate commerce in the United States. (Currently, there is no review process prior to such investigation.) Designates as an interagency committee to act as the President's designee the Committee on Foreign Investment in the United States, chaired by the Secretary of Commerce. Authorizes the President or the Committee, as part of its review and investigation, to seek assurances from the foreign person involved that the plans and intentions for the future operation of the U.S. person will not impair national security. Directs the Chairman of the Committee to inform the congressional representatives of the U.S. person subject to a review and investigation under these provisions. Requires the Committee to conduct an ongoing review of all Federal programs, including research and development programs and Federal contracts currently being offered, and, if requested, provide information and assistance to U.S. firms concerning such programs and contracts for which such firms may be eligible. Directs the Secretaries of Commerce and Defense to collect and analyze such takeover proposals, identify the plans of the acquiring foreign persons with respect to the transfer of technology, and make recommendations to the Committee concerning the need to conduct an investigation. Requires the Secretaries to: (1) submit to each member of the Committee a report concerning the impact of the takeover being reviewed, as well as information and views submitted by Federal agencies concerning such matter; and (2) if the Committee does investigate, report to each member concerning investigation results and recommendations to be made to the President. Requires an investigation to be initiated if any member of the Committee so recommends. Requires the Secretaries, in connection with any takeover, to identify any critical technology involved, and, if there is a critical technology involved, to conduct an investigation and solicit appropriate assurances from the foreign person involved that national security is not impaired. Requires the Secretaries to conduct annual reviews to determine whether such assurances are being implemented and complied with and report the results to the Congress. Requires the President to inform the Speaker of the House and the Majority Leader of the Senate whenever an investigation of a takeover is conducted and no action is taken to require the foreign firm involved to provide assurances that national security is not impaired by such action. Authorizes the President, when an investigation has revealed that a takeover would impair national security, to take appropriate action to nullify the takeover and to restore the parties to the positions held before the takeover occurred. Authorizes the President to suspend or prohibit any takeover by a foreign person in the United States if the President believes that national security might be impaired by the impact such takeover could have on the industrial and technology base of the United States. Adds to the factors required (currently, authorized) to be considered by the President or his designee in determining the impact on national security of a proposed takeover: (1) the concentration of foreign direct investment in the industry in question and the impact of additional investment in such industry; (2) the U.S. and world market position of the U.S. person engaged in interstate commerce and the foreign person involved in the transaction; (3) the effects on critical technologies included under the most recent plan submitted to the Congress; and (4) whether the U.S. person engaged in interstate commerce in the United States has received Government grants or contracts during the last ten years, and the dollar amount of such funding. Exempts the provisions concerning presidential reviews of takeovers for national security purposes from termination under a specified provision of the Defense Production Act of 1950. Requires the President to report to the Congress the results of a study to identify trends in foreign direct investment in the United States.
Bill· HRH.R. 2631 (102nd)referred
United States · United States Congress · 12 June 1991
International Mergers and Acquisitions Review Act of 1991 - Amends the Clayton Act to bar the acquisition by one person (acquiring person) of the voting securities or assets (assets) of another (acquired person) unless both parties (or in the case of a tender offer, the acquiring person) file notifications pursuant to this Act and the waiting period under such Act has expired, if specified conditions apply. Requires such notifications of mergers and acquisitions where the acquiring or acquired person is engaged in commerce or in activity affecting commerce and: (1) in a case in which both parties are domiciled outside of the United States or organized under the laws of a foreign country, the combined annual net sales in the United States of both persons exceed $350,000,000 and as a result of the acquisition the acquiring person would hold five percent or more of the assets of the acquired person; (2) the acquired person has a contract with the U.S. Government that involves access to classified information, is required to register with the Secretary of State pursuant to the Arms Export Control Act (because such person is engaged in the United States in the business of manufacturing or exporting defense articles or furnishing defense services), has technology on which export controls are in effect under the Export Administration Act of 1979 (EAA), or engages in activity for which a license is required under the Atomic Energy Act of 1954 and, as a result of the acquisition, the acquiring person would hold either five percent or more of the assets of the acquired person or an aggregate total amount of such assets in excess of $1,000,000; (3) as a result of the acquisition a facility may be considered to be under foreign ownership or control under Executive Order 10865; or (4) the acquiring person is a national of, or is controlled by the Government or a national of, a country whose government has been determined under the EAA to have repeatedly provided support for acts of international terrorism and any other country whose government the National Security Liaison Committee (NSLC) (established under this Act) determines engages in acts inimical to the national security or foreign policy of the United States. Sets forth notification requirements with respect to tender offers. Establishes the NSLC to review all notifications filed under premerger notification provisions of the Clayton Act. Specifies: (1) that the NSLC shall reside at the Federal Trade Commission (FTC); and (2) the composition of the NSLC. Requires the NSLC to refer specified notifications, including any that may threaten or impair national security, to the President or the President's designee (President) under the Defense Production Act of 1950 (DPA) for investigation. Grants the NSLC authority currently held by the Assistant Attorney General with regard to provisions authorizing termination of the waiting period. Authorizes the NSLC to: (1) require that certain required notifications contain such additional documentary information and material as necessary to enable the NSLC to determine whether a proposed acquisition should be referred to the President under the DPA; (2) determine, for purposes of specified exemptions, classes of persons, acquisitions, transfers, or transactions which are not likely to threaten to impair national security; and (3) prescribe such other rules as necessary to enable the NSLC to carry out its functions. Directs the FTC to require persons filing notifications with respect to cases in which both parties are domiciled outside of the United States or organized under foreign laws, the combined annual net sales in the United States of both persons exceeds $350,000,000, and as a result of the acquisition the acquiring person would hold five percent or more of the acquired person's assets, to submit detailed information on the nature of the acquisition, the ownership and control of the acquiring and acquired persons, their financial and personal relationship, the products or services in which such persons engage in commerce, and the relevant markets that will be affected by the acquisition. Extends the waiting period in the case of a referral of a notification to the President under the DPA. Requires the FTC to report annually to the Congress with respect to mergers and acquisitions not later than January 1 of each year (currently, beginning not later than January 1, 1978), with the concurrence of the NSLC (currently, Assistant Attorney General). Amends the DPA to require or authorize the President to make an investigation to determine the effects on national security of proposed acquisitions which the NSLC has referred, depending on the category of the referral. Requires the President to notify the parties to the acquisition, and specified congressional committees (except for the names of the parties to the investigation), of such investigation. Authorizes the President to: (1) require the parties to the acquisition to agree to divest assets or make such other modification in the acquisition as deemed necessary in the case of acquisitions threatening to impair national security (current law allows only action to suspend or prohibit the acquisition) where there is credible evidence that an interest exercising control, whether foreign or domestic (currently, foreign), might take action that threatens to impair national security; and (2) consider control of domestic industries and commercial activity by U.S. or foreign citizens (currently, foreign only). Specifies that the President's designee shall be a committee composed of specified officials, with the Secretary of the Treasury as chairman. Directs the Secretary of Energy to: (1) review policies, procedures, and regulations issued under Executive Orders 10865 and 11858 governing foreign ownership, control, or influence and mergers or acquisitions for foreign persons or persons engaged in interstate commerce in the United States; and (2) ensure that the Office of Safeguards and Security of the Department of Energy (or any successor office or agency with primary responsibility for safeguards and security with respect to nuclear fuel and nuclear weapons) has primary responsibility for making investigations and determinations pursuant to regulations issued under Executive Order 10865. Requires such Secretary to provide information to the committee on whether a proposed acquisition, merger, or takeover, or foreign ownership, control, or influence of a person engaged in interstate commerce in the United States, in a matter under investigation by the Committee, is likely to increase the risks of proliferation of nuclear weapons, nuclear weapons technology, or special nuclear material and thereby threaten to impair the national security. Sets forth additional requirements with respect to testimony on investigations and reporting requirements. Urges the President to consider entering into negotiations with other countries for the purpose of reaching agreements on safeguarding exchanges of certain commercial and market information that can be used to assist in the determination of the possible anticompetitive effect of transnational mergers and acquisitions, and on establishing dispute resolution mechanisms to deal with the regulatory overlap among countries with respect to such mergers and acquisitions.
Bill· HRH.R. 2621 (102nd)referred
United States · United States Congress · 12 June 1991
Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 - Makes appropriations for FY 1992 for the payment at maturity, or the redemption or buying before maturity, of a Government obligation included in the public debt for purposes of reducing a portion of such debt caused by borrowings to finance specified international affairs accounts. Title I: Multilateral Economic Assistance - Makes appropriations for FY 1992 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank) and the Global Environmental Facility of such bank; (2) the International Development Association; (3) the International Finance Corporation; (4) the Inter-American Development Bank and the Fund for Special Operations of such bank; (5) the Inter-American Investment Corporation; (6) the Enterprise for the Americas Investment Fund; (7) the Asian Development Bank; (8) the Asian Development Fund; (9) the African Development Fund; (10) the African Development Bank; and (11) the European Bank for Reconstruction and Development (EBRD). Limits the callable capital portion of the U.S. share of increases in the stock of the World Bank, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, and the EBRD. Requires the President to reduce from the amounts obligated for the International Development Association and the Asian Development Bank the U.S. proportionate share of any loans approved for China for non-basic human needs since October 1, 1991, if China is denied most-favored-nation trading status. Limits the amount of funds for the International Finance Corporation that may be expended for the purchase of stock. Directs the Secretary of the Treasury to instruct the U.S. executive director of the Inter-American Development Bank to oppose assistance to any recipient who refuses to agree to conduct procurement of goods or services utilizing Bank funds in a nondiscriminatory manner. Requires the Secretary to certify to the Appropriations Committees that none of the funds for the Asian Development Fund will be made available for China. Makes appropriations for FY 1992 for reports calculating loans, guarantees, and insurance commitments for credit programs within the international affairs (Budget Function 150) account: (1) the probability of repayment on loans and default on guarantees; (2) subsidy estimates for each country and credit program; and (3) risk assessments for each country within each credit program. Makes appropriations for FY 1992 for international organizations and programs. Prohibits such funds from being made available to the United Nations Fund for Science and Technology. Earmarks specified amounts of such funds for certain international organizations and United Nations programs. Provides that funds may be made available to the International Atomic Energy Agency only if the Secretary of State reports to the Congress that Israel is not being denied its right to participate in the Agency. Permits funds to be made available for the Tropical Forestry Action Plan (TFAP) only if the Secretary reports to the Congress that: (1) TFAP has been reorganized, with an international steering committee and secretariat independent of the Food and Agriculture Organization; (2) TFAP's responsibilities have been broadened to include areas outside the forestry sector; and (3) procedures exist to ensure increased participation in TFAP plans. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1992 for development assistance. Earmarks amounts for: (1) health and child survival activities and activities relating to research on, and the treatment and control of, acquired immune deficiency syndrome (AIDS); (2) development projects of private entities and cooperatives for dairy development; (3) the Vitamin A Deficiency Program and activities relating to iodine deficiency and other micro-nutrients; (4) U.S. participation in the Associate Professional Officers Program of the international food agencies; (5) activities relating to the control and prevention of River Blindness; (6) operations for blind children; (7) cooperative projects among the United States, Israel, and developing countries (with amounts made available for the Cooperative Development Program and cooperative development research projects); (8) the Central and Latin American Rural Electrification Support project; (9) technical assistance and training programs for Soviet and Czechoslovakian statisticians and economists; and (10) Soviet and East European research and training. Limits the amount to be made available for child survival activities for Laos. Earmarks amounts from funds made available for the Agency for International Development (AID) under this title for: (1) child survival activities; and (2) programs in support of basic education activities. Makes appropriations for FY 1992 for population planning assistance. Prohibits funding for coercive abortion or involuntary sterilization. Earmarks amounts for: (1) the AID Office of Population; and (2) the United Nations Population Fund (only for contraceptive commodities and related logistics). Prohibits such funds from being made available for programs in China. Applies prohibitions on the use of funds for abortion and involuntary sterilization to funds for the Fund. Requires the Fund to maintain such funds in a separate account, without commingling. Provides for the refund of such funds to the United States if the Fund provides more than a specified amount for family planning programs for China. Prohibits the obligation of any amount for the Fund if China is denied most-favored-nation trading status. Makes appropriations for FY 1992 for the Development Fund for Africa. Earmarks an amount for activities supported by the Southern African Development Coordination Conference. Provides for the transfer of a specified amount of such funds for the International Fund for Agricultural Development's Special Program for Subsaharan African Countries Affected by Drought and Desertification. Prohibits the transfer of funds appropriated by this Act to the Government of Zaire. Earmarks development assistance funds for: (1) displaced children; (2) children in Cambodia; (3) civilians injured as a result of civil strife and warfare; (4) women in development; and (5) Burmese students. Prohibits any development assistance funds from being made available to U.S. private and voluntary organizations (except cooperative development organizations) which obtain less than 20 percent of annual funding for international activities from sources other than the U.S. Government. Provides that such prohibition shall supersede certain provisions with respect to such organizations of the Foreign Assistance Act of 1961 and the Foreign Assistance and Related Programs Appropriations Act, 1985. Earmarks an amount of development assistance for humanitarian assistance to Romania (with amounts for AIDS activities, child health, foster care and adoption activities, and family planning, subject to certain conditions). Limits the amount of commitments for certain loan guarantees and direct loans under the Foreign Assistance Act of 1961. Makes appropriations for FY 1992 for: (1) American schools and hospitals abroad; (2) international disaster assistance; (3) the Foreign Service Retirement and Disability Fund; and (4) AID operating expenses. Requires AID, in order to effectively monitor the West Bank and Gaza program, to station one professional at either the Consulate General in Jerusalem or the embassy in Tel Aviv. Directs AID to increase the number of direct-hire professional environmental and energy staff by 20 over the number of such staff within AID at the end of FY 1991. Makes appropriations for FY 1992 for the AID Office of the Inspector General. Prohibits the use of funds from any Act to relocate the overseas offices of the Inspector General to a U.S. location without the Inspector General's approval. Requires the number of positions authorized for such office in Washington and overseas to be at least 251 by the end of FY 1992. Authorizes the Inspector General to establish a regional office in Europe to carry out responsibilities with regard to assistance for Eastern Europe. Makes appropriations for FY 1992 for: (1) modifying direct loans authorized under development and economic support assistance provisions of the Foreign Assistance Act of 1961 and under provisions of the Export-Import Bank Act of 1945; and (2) economic support fund (ESF) assistance. Earmarks amounts of ESF assistance for: (1) Israel; (2) Egypt, including an amount for the Commodity Import Program; (3) the West Bank and Gaza Program; and (4) scholarships or bicommunal projects for Cyprus. Authorizes funds for Egypt to be provided through cash transfer assistance if Egypt will undertake economic reforms. Expresses the sense of the Congress that the recommended levels of ESF assistance for Egypt and Israel are based on their continued participation in the Camp David Accords and upon the Egyptian-Israeli peace treaty. Prohibits ESF funds from being made available for El Salvador's Special Investigative Unit until the Secretary of State submits a plan of the El Salvadoran Government to transfer the Unit from military to civilian control. Prohibits ESF assistance to Zaire. Limits the amount of ESF assistance for tied aid credits and for humanitarian assistance for Armenia. Earmarks ESF assistance for technical assistance in support of democratic or market-oriented reforms for Estonia, Latvia, and Lithuania and eligible recipients in the Soviet Union that request such assistance. Permits such assistance to be provided only through the government of such state or republic or through nongovernmental organizations. Defines "an eligible recipient in the Soviet Union" as the government of any republic or local government that was elected through free and fair elections, any indigenous nongovernmental organization that promotes democratic reforms, human rights, the rule of law, or market-oriented reforms, or any Soviet governmental agency that promotes such reforms, provided that funds are not provided directly to such agency. Makes appropriations for FY 1992 for: (1) the U.S. contribution to the International Fund for Ireland; (2) the Multilateral Assistance Initiative for the Philippines; and (3) nonproject sector assistance for the Philippines. Requires the President, if the United States and the Government of the Philippines are unable to agree to a military base agreement, to report to the Appropriations Committees justifying requested or modified assistance levels for the Philippines in light of the failure to achieve such agreement. Makes appropriations for FY 1992 for economic assistance for Eastern Europe. Earmarks amounts of such assistance for: (1) technical assistance and training and for assistance to support housing sectors; (2) environment and energy activities; (3) activities to foster democratic pluralism; and (4) the Polish-American, Hungarian-American, and other Enterprise Funds and for other private enterprise activities. Makes appropriations for FY 1992 for: (1) independent agencies and the African Development Foundation; (2) the Inter-American Foundation; (3) the Overseas Private Investment Corporation (OPIC) for direct and guaranteed loan programs; (4) the Peace Corps (prohibits abortion funding); (5) international narcotics control; (6) the U.S. contribution to the International Red Cross and assistance to refugees; (7) the U.S. Emergency Refugee and Migration Assistance Fund; and (8) antiterrorism assistance. Earmarks amounts of migration and refugee assistance for: (1) refugees resettling in Israel; (2) Tibetan refugees; (3) voluntary repatriation of Hmong refugees from Thailand to Laos; and (4) overseas refugee programs. Limits the amount of such assistance to be made available to the Department of State Office of Refugee Programs. Title III: Military Assistance - Makes appropriations for FY 1992 for: (1) international military education and training (prohibits the use of such funds for countries whose annual per capita GNP exceeds $2,349 unless such countries agree to fund transportation and living allowances of their students and the provision of such funds to Zaire, Liberia, Sudan, and Somalia); (2) the foreign military financing program; and (3) peacekeeping operations. Earmarks amounts of foreign military financing for Israel and Egypt. Requires the interest rate on foreign military financing loans to be at least five percent annually. Makes available a specified amount of foreign military financing on a grant basis for Greece if Turkey receives financing on a grant basis. Prohibits foreign military financing for Zaire, Sudan, Liberia, or Somalia. Permits financing for Malawi to be provided only to support the Malawian military's efforts to secure the Nacala Railroad and for military activities to assist in the Mozambican peace process. Limits: (1) the amount of foreign military financing for the procurement of defense articles and services not sold by the U.S. Government for countries other than Israel and Egypt; (2) the amount of funds for administering military assistance and sales; (3) foreign military financing for Greece, Turkey, Portugal, and the Philippines; and (4) obligations with respect to the Special Defense Acquisition Fund. Permits the procurement of defense articles and services or design and construction services not sold by the U.S. Government only by countries for which assistance was justified for the foreign military financing program in the FY 1989 congressional presentation for security assistance programs. Directs the Department of Defense, as requested by the Defense Security Assistance Agency, to conduct audits of private firms whose contracts are made directly with foreign governments and are financed under this title. Requires the total of grants and direct loans provided for Greece and Turkey under the foreign military financing program to be made available according to a seven to ten ratio. Repeals a provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 that concerns lowering the interest rate on certain foreign military sales. Title IV: Export Assistance - Authorizes the Export-Import Bank to make expenditures within the limit of funds and borrowing authority and to make any necessary contracts and commitments. Prohibits the use of Bank funds for nuclear exports to a non-nuclear weapon state. Makes appropriations for FY 1992 to subsidize gross obligations for the principal amount of direct loans, tied-aid grants, interest subsidies, and total loan principal under Export-Import Bank programs. Prohibits the use of such funds or the use of credits or grants to support the financing of any item covered by the U.S. Munitions List. Limits the amount available for administrative expenses of the Export-Import Bank. Makes appropriations for FY 1992 for: (1) administrative expenses incurred in connection with contracting for the issuance of and servicing of insurance and reinsurance or in lieu of contracting for the performance of services by the Export-Import Bank; and (2) the Trade and Development Program. Title V: General Provisions - Prohibits the use of funds appropriated in this Act (other than funds appropriated for international organizations and programs) for any water or related land resource project which has not met specified standards and criteria for such projects proposed for construction in the United States. Limits the percentage of appropriations, with specified exceptions, that may be obligated during the last month of availability. Prohibits using certain funds appropriated or made available pursuant to this Act for: (1) retirement pay for any person serving in the armed forces of any recipient country; (2) making payments on procurement contracts which do not authorize the termination of such contract for the convenience of the United States; or (3) paying any assessments, arrearages, or dues of any member of the United Nations. Prohibits using any of the funds contained in title II of this Act to carry out the transfer of funds to international or multilateral lending organizations. Limits the amounts of funds made available under this Act to be used for: (1) official residence expenses, entertainment expenses, and representation allowances of AID; (2) entertainment expenses and representation allowances for foreign military financing programs, the Inter-American Foundation, and the Trade and Development Program; and (3) entertainment expenses for international military education and training programs and the Peace Corps. Prohibits the use of funds made available under this Act (other than funds for international organizations and programs) to finance the export of nuclear equipment, fuel, or technology. Prohibits the use of funds made available under this Act to: (1) assist any foreign government in repressing the legitimate rights of its population; (2) finance assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, Vietnam, Iran, or Syria (including assistance provided by the Export-Import Bank or its agents); or (3) finance assistance to any country whose elected head of government is deposed by military coup. Prohibits obligating funds made available under this Act under an appropriation account to which they were not appropriated, unless the President provides a written policy justification to the Appropriations Committees. Continues the availability of certain AID funds and funds for credit sales under the Arms Export Control Act, provided the Appropriations Committees are notified. Prohibits appropriations contained in this Act from remaining available after expiration of the current fiscal year, except as provided in this Act. Prohibits the use of funds made available under this Act to: (1) be used for publicity or propaganda purposes within the United States; (2) assist a country in default for more than a year on a U.S. loan under a program for which funds are appropriated under this Act (exempts from such prohibition funds for Nicaragua and for narcotics-related assistance for Colombia, Bolivia, and Peru); or (3) be made available for any international financial institution whose U.S. representative cannot obtain any document developed by or in the possession of the management, unless such representative certifies to the Appropriations Committees that such document's confidentiality is essential to the institution's operation. Prohibits the use of funds made available under this Act for direct assistance, the Export-Import Bank, and OPIC to finance any loan or other assistance to establish or expand production of any commodity for export by a foreign country if such commodity is likely to be in surplus on world markets and will cause substantial injury to U.S. producers of a similar or competing commodity. Exempts the Export-Import Bank from such prohibition if the Bank determines that the benefits to industry and employment in the United States are likely to outweigh the injury to such producers. Prohibits making any of the funds appropriated under any Act available for any testing, study, variety improvement, or certain other activities related to the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States. Prohibits the use of funds appropriated to AID, other than funds to carry out the Caribbean Basin Initiative, to procure studies or assist in establishing facilities for the manufacture of import-sensitive articles that compete with U.S. exports. Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial institutions to oppose assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of a similar or competing commodity. Sets forth congressional notification procedures for the obligation of specified funds made available under this Act. Waives notification requirements if there is a risk to human health or welfare. Limits expenditures for consulting services through procurement contracts. Prohibits using funds appropriated under this Act to lobby for abortion. Prohibits any of the international organizations and programs funds from being available for the U.S. proportionate share of any programs for the Palestine Liberation Organization (PLO), Libya, Iran, or, at the discretion of the President, Communist countries to which foreign assistance is prohibited. Prohibits the United States from making a contribution to the United Nations or any of its affiliated agencies if such an agency grants full membership to any organization that does not have the internationally recognized attributes of statehood. Authorizes Israel to use any loan made available under the Arms Export Control Act for which repayment is forgiven before using any other loan made available under such Act. Prohibits U.S. employees from recognizing or negotiating with the PLO so long as the PLO does not recognize Israel's right to exist, does not accept Security Council Resolutions 242 and 338, and does not renounce the use of terrorism. Declares that it is U.S. policy that ESF assistance for Israel shall not be less than the annual debt repayment from Israel to the United States. Limits the amount to be used for a Democracy Contingency Fund. Requires congressional notification prior to making funds available for military aircraft in Central America. Directs the Secretary to notify specified congressional committees whenever helicopters or military aircraft are provided to Central American countries by any foreign country. Expresses the policy of the United States that sustainable economic growth must be predicated on sustainable use of natural resources. Directs the Secretary of the Treasury to: (1) instruct U.S. executive directors of the multilateral development banks to promote programs which address the problems of global climate change; and (2) promote reforms within the International Monetary Fund which address such problems. Requires the Secretary to report to the Congress on: (1) how natural resource management initiatives mandated by this Act have been incorporated in the Bush Administration's efforts to address third world debt (the Brady Plan); (2) progress made by the multilateral development banks in meeting standards set forth for programs to address global climate change; (3) the progress made by the Inter-American Development Bank in implementing environmental reforms; (4) each multilateral development bank's forestry sector and energy sector loans and their impact on carbon dioxide emissions; and (5) the progress made by the World Bank in implementing the recommendations set forth in a certain report on debt-for-nature swaps. Directs the AID Administrator to: (1) update and issue guidance to all AID bureaus detailing the elements of a Global Warming Initiative to emphasize the need to reduce emissions of greenhouse gases and to accelerate sustainable development strategies; (2) increase the number and expertise of personnel devoted to the Initiative; (3) accelerate the activities of the Multi-Agency Working Group on Power Sector Innovation; (4) focus tropical forestry assistance programs on the key middle- and low-income developing countries projected to contribute large amounts of greenhouse gases to the environment; (5) assist countries in developing an analysis of the appropriate use of their total tropical forest resources, with the goal of developing national programs for sustainable forestry; and (6) focus energy assistance activities on the key countries. Prohibits making any funds appropriated by this Act available for activities that would: (1) result in any significant loss of tropical forests; or (2) involve commercial timber extraction in primary tropical forest areas unless an environmental assessment meeting certain conditions is made. Permits the use of certain funds for programs to support tropical forestry and energy programs aimed at reducing greenhouse gas emissions in key countries, subject to certain conditions. Earmarks funds for: (1) environment and energy activities (with amounts for biological diversity activities, renewable energy projects, elephant conservation and preservation, and the AID Office of Energy); and (2) the creation of a fund to support global participation in the Montreal Protocol on Substances that Deplete the Ozone Layer, provided that such funds are not contributed to developing countries that are not parties to the Protocol. Prohibits the use of development assistance funds to pay for: (1) abortions or involuntary sterilizations as a method of family planning or to motivate or coerce any persons to practice abortions or undergo sterilization; or (2) any biomedical research concerning abortions or involuntary sterilization as a method of family planning. Reaffirms the congressional commitment to population, development assistance and the need for informed voluntary family planning. Earmarks specified amounts of development and economic assistance appropriated by this Act for the Afghan people. Requires the AID Administrator to ensure that an equitable portion of such funds is made available to benefit Afghan women and girls. Prohibits making any of the funds appropriated by this Act available to a private voluntary organization which fails to provide the records necessary for an AID audit or which is not registered with AID. Withholds a specified amount of military aid and financing from El Salvador until the President reports to the Appropriations Committees that El Salvador has: (1) substantially concluded all investigations with respect to those responsible for the January 1981 murders of specified U.S. and Salvadoran land reformers; and (2) pursued all legal avenues to bring to trial and obtain a verdict of those responsible for such murders and for the deaths of certain peasants, priests, and trade unionists. Expresses the sense of the Congress that all countries receiving U.S. foreign aid should cooperate in facilitating lasting solutions to refugee situations. Prohibits making any of the funds appropriated by this Act available for: (1) costs of Ethiopia's forced resettlement or villagization programs; or (2) Sudan, Uganda, Liberia, Lebanon, Zaire, Yemen, Guatemala, Chile, or Somalia, except through regular congressional notification procedures. Earmarks certain appropriated funds for child survival activities and activities relating to research on, and the treatment and control of, AIDS in developing countries. Permits ESF funds to be provided to Chile to support the efforts of private individuals and groups to develop a national consensus on the importance of an independent judiciary and the administration of justice. Prohibits making any of the funds appropriated under this Act available to finance indirectly any assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, Vietnam, Iran, or Syria unless the President certifies that the withholding of these funds is contrary to the national interest of the United States. Amends the Arms Export Control Act to extend waiver authority with respect to reciprocal leasing agreements through FY 1992. Requires delivery of defense equipment (permitted under special authority during unforeseen emergencies) within 120 days of congressional notification. Sets forth additional notification requirements with respect to the transfer of excess defense equipment to NATO. Requires the Secretary of State to transmit copies of all debt relief agreements to the appropriate congressional committees. Continues the funding of Middle East regional cooperative programs. Expresses the sense of the Congress that: (1) the U.S. Government should use its influence in the Asian Development Bank to secure reconsideration of the decision to designate Taiwan as "Taipei, China"; and (2) the Asian Development Bank should resolve this dispute in a fashion that is acceptable to Taiwan. Prohibits the use of funds provided under any Act for the sale of M-833 or comparable antitank shells containing a depleted uranium penetrating component to any country except a NATO member country, major non-NATO ally, or Taiwan. Allows earmarked funds to be reprogrammed for other programs within the same account if: (1) compliance with the earmark is made impossible by any Act; or (2) with respect to countries with which the United States has base access agreements, the President determines that the recipient of funds has reduced its military or economic cooperation with the United States. Requires the President, before funds for such countries are reprogrammed, to provide a written policy justification to the Appropriations Committees. Subjects such reprogramming to the regular notification procedures of such committees. Provides for U.S. opposition to assistance to terrorist countries by international financial institutions. Prohibits bilateral assistance to such countries. Earmarks amounts of ESF assistance for: (1) scholarships to disadvantaged South Africans; and (2) Peru, Bolivia, Colombia, and Ecuador, provided such countries are making progress in certain narcotics control efforts. Permits development and ESF assistance to be made available to Bolivia, Peru, Colombia, Ecuador, and Jamaica for reducing dependence on the production of crops from which narcotic and psychotropic drugs are derived. Limits the amount of foreign military financing to be made available for Bolivia, Peru, and Colombia. Prohibits such financing for any government that engages in a consistent pattern of human rights violations. Permits funds to be made available for training and equipment for narcotics law enforcement agencies in Colombia, Bolivia, and Peru (except for Peru's Sinchi Police). Prohibits assistance to countries which fail to take measures to prevent illicit drugs from being sold to U.S. Government personnel or from entering the United States illegally. Earmarks amounts of assistance made available to AID for narcotics education and awareness programs and narcotics related economic assistance activities. Requires that any agreement for the sale or provision of any article on the U.S. Munitions List shall expressly state that the article is being provided by the United States only with the understanding that it will not be transferred to Cyprus or otherwise used to further the severance or division of Cyprus. Directs the President to report to the Congress when such equipment is used for such purposes. Permits the commercial leasing of defense articles (other than major defense equipment) by Israel, Egypt, NATO countries, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale. Limits the amount of ESF and development assistance to be made available for humanitarian and development assistance for Cambodians. Terminates assistance to any Cambodian organization that is cooperating with the Khmer Rouge in their military operations. Requires the President to report to the Speaker of the House and the President of the Senate on the extent of military cooperation between the Khmer Rouge and the non-Communist resistance. Provides that funds made available for humanitarian assistance for Cambodian children shall also be available for civilian victims of war. Provides that all AID contracts and solicitations shall require U.S. marine insurance companies to have a fair opportunity to bid for marine insurance. Expresses the sense of the Congress that funds made available for the International Fund for Ireland should be allocated to programs which emphasize jobs creation in areas having the highest rates of unemployment. Prohibits the use of certain assistance provided under this Act for assistance to Afghanistan if such assistance would be provided through the Soviet-controlled government of Afghanistan. Requires at least 25 percent of ESF assistance for El Salvador to be used for certain development projects and activities in accordance with the Foreign Assistance Act of 1961. Requires at least ten percent of FY 1990 development assistance and assistance for the Development Fund for Africa (unless the AID Administrator determines otherwise) to be made available only for U.S. organizations and individuals that are: (1) business concerns or private organizations owned and controlled by socially and economically disadvantaged individuals; (2) historically black colleges or universities; and (3) colleges and universities in which more than 40 percent of the students are Hispanic American. Directs the Administrator to: (1) utilize the authority of the Small Business Act; (2) enter into contracts with such entities using less than full and open competitive procedures; and (3) issue regulations requiring contracts in excess of $500,000 to provide that at least ten percent of the contract shall be subcontracted to such entities. Requires AID personnel with contracting authority to notify the AID Office of Small and Disadvantaged Business Utilization before advertising contracts in excess of $100,000. Directs the Administrator to: (1) include as part of the performance evaluation of any mission director such director's efforts to carry out such activities; and (2) report annually to the Congress on the implementation of such program. Prohibits the United States from selling or making available Stinger missiles to any Persian Gulf country. Prohibits the provision of funds appropriated under this Act to any person undertaking an action prohibited by U.S. law. Authorizes nongovernmental organizations which receive AID economic assistance to invest any local currencies which accrue to such organizations as a result of such assistance. Earmarks a specified amount of development and ESF assistance for Lebanon. Sets forth the value of additions to be made to stockpiles in Israel during FY 1992. Extends the period during which the President may waive prohibitions on assistance to Pakistan to April 1, 1993. Prohibits the obligation or expenditure of funds for Pakistan except through the notification procedures of the Committees on Appropriations. Sets forth requirements for the maintenance of separate accounts for, and the use of, local currencies, cash transfers, and non-project sector assistance. Prohibits the use of funds appropriated by this Act for: (1) any member of the Nicaraguan resistance who has not disarmed and is not abiding by the terms of the cease-fire agreement and the addenda to the Toncontin Agreement; and (2) payments to international financial institutions that compensate U.S. directors in excess of specified rates. Sets forth human rights reporting requirements for the Secretary of State. Prohibits the use of funds appropriated by this Act to provide assistance to any country that is not in compliance with the United Nations Security Council sanctions against Iraq unless the President certifies to the Congress that such assistance: (1) is in the U.S. national interest; (2) will directly benefit the needy people in such country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. Authorizes the President to prohibit the importation into the United States of products of any foreign country that has not prohibited the importation of Iraqi products and the export of its products to Iraq. Requires the Secretary of the Treasury, in all negotiations concerning the EBRD, to seek: (1) establishment of procedures for environmental assessment of all proposed operations with significant environmental impacts; (2) establishment of an environmental unit to review operations and monitor compliance with environmental provisions; (3) establishment of procedures for consultation with and involvement of the public in the development of EBRD policies; and (4) agreement that a significant portion of EBRD funds shall be devoted to environmental restoration and protection projects. Repeals a provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 which made excess defense articles avilable to countries supporting Operation Desert Shield. Prohibits the use of funds appropriated by this Act to finance the procurement of chemicals or chemical agents that may be used for chemical weapons production. Prohibits ESF and foreign military financing assistance for Kenya unless the President certifies to the Congress that the Kenyan Government is taking steps to: (1) charge and try or release all prisoners and cease mistreatment of prisoners; and (2) restore the independence of the judiciary and freedoms of expression. Requires the delivery of excess defense articles to NATO allies and major non-NATO allies on the southern and southeastern NATO flanks to be given priority over the delivery of such articles to other countries. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 to revise the amount of defense articles and services authorized to be drawn down for Israel. Prohibits the use of funds appropriated by this Act to implement the Chief Financial Officers Act of 1990. Directs the President to submit to the Senate Foreign Relations Committee and the House Foreign Affairs Committee: (1) a U.S. plan for establishing a multilateral regime to restrict transfers of arms to the Middle East; and (2) an analysis of the feasibility and potential elements of such regime. Prohibits the United States from agreeing to any transfers of major military equipment to the Middle East and Persian Gulf region unless the President submits such plan and analysis and reports that there has been agreement by another major arms supplier on or after May 21, 1991, to transfer such equipment to any nation in the region. Exempts from such prohibition emergency or replacement transfers or transfers pursuant to agreements entered into before May 21, 1991. Requires the President to report to the Senate Foreign Relations Committee and the House Foreign Affairs Committee on: (1) all transfers of conventional and unconventional arms to the Middle East; (2) the current military balance in the region; (3) the operation of any agreements comprising the arms transfer and control regime; and (4) supplier nations that have refused to participate in such a regime or that have engaged in conduct that violates or undermines the regime. Directs the President to seek negotiations among, and undertake efforts to convene a conference of, the five members of the United Nations Security Council and other nations, as appropriate, to establish a multilateral arms transfer and control regime with respect to the Middle East and Persian Gulf region. Declares that the purpose of such regime should be to: (1) limit the proliferation of conventional weapons and ballistic missile technologies and systems and halt the proliferation of unconventional weapons; (2) maintain the military balance in the region through the reduction of conventional weapons and the elimination of unconventional weapons; and (3) promote regional arms control in such region.
Bill· HRH.R. 2623 (102nd)referred
United States · United States Congress · 12 June 1991
Amends Federal provisions regarding the Active-Duty Dependents' Dental Plan (DDP) to: (1) delete a provision prohibiting the Secretary of Defense from providing benefits under the DDP other than those specifically listed; (2) authorize the Secretary to include other benefits under the DDP as considered appropriate; (3) increase from ten to $18 monthly the premiums required under the DDP; and (4) revise the copayment requirement under the DDP to include copayments of up to 50 percent of the charges for orthodontic services, crowns, gold fillings, and complete or partial dentures.
Bill· HJRESH.J.Res. 270 (102nd)referred
United States · United States Congress · 12 June 1991
Prohibits the proposed sale to the United Arab Emirates of AH-64 APACHE attack helicopters and related defense articles and services, and design and construction services described in the certification submitted to the Congress pursuant to the Arms Export Control Act on June 11, 1991.
Bill· SS. 1260 (102nd)referred
United States · United States Congress · 11 June 1991
Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, has notified the chief law enforcement officer for such individual's place of residence about the proposed transfer, and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer, issued in the past ten days, that the individual requires a handgun because of a threat to him or his family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law either requires a waiting period of at least seven days or requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful; or (5) the transferor has received a report from any system of felon identification established by the Attorney General under the Anti-Drug Abuse Act of 1988 that the individual's possession or receipt of the handgun would not violate Federal, State, or local law. Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship. Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's statement. Requires the law enforcement officer to destroy any copy of the individual's sworn statement and any record containing information derived from such statement within 30 days, unless such officer determines that the transaction would violate Federal, State, or local law. Specifies that a chief law enforcement officer shall not be liable to any person for action taken by the officer to ascertain whether a transferee of a handgun has a criminal record or whether there is any other legal impediment to the transferee receiving a handgun under any Federal, State, or local law, except a law that specifically provides for such liability. Directs the Attorney General, to make a grant to an eligible State for the creation of a computerized criminal history record system or improvement of an existing system and to defray the cost to State and local law enforcement agencies in conducting background checks on prospective handgun purchasers. Sets forth a formula for allocating grant funds among States. Authorizes appropriations.
Bill· SS. 1267 (102nd)referred
United States · United States Congress · 11 June 1991
Authorizes the Secretary of Veterans Affairs to accept gifts, devises, and bequests on behalf of the Department of Veterans Affairs as long as such acceptance would not: (1) reflect unfavorably on the Department's ability to carry out official responsibilities and duties objectively; and (2) compromise the integrity or appearance of integrity of a Government program or of any official involved in that program. Requires the Secretary to establish criteria for making such determinations.
Bill· SS. 1270 (102nd)referred
United States · United States Congress · 11 June 1991
Requires Federal agencies to make available to the public information relating to the location, treatment, or condition of any U.S. personnel currently classified as prisoners of war or missing in action. Requires the Secretary of Defense to also make available to the public a complete list of U.S. personnel classified as prisoners of war, missing in action, or killed in action (body not returned) after 1940, including: (1) the current classification of each person; and (2) each change in the listed person's classification that has occurred since the original classification. Provides exceptions to such disclosure requirements, including where disclosure would compromise the safety of personnel known or thought to be held as prisoners of war. Requires the agency head, in such an instance, to notify the President and the congressional intelligence committees of such a determination.
Bill· SS. 1266 (102nd)referred
United States · United States Congress · 11 June 1991
Veterans' Research Corporation and Medical Care Extension Act of 1991 - Amends various Federal veterans' benefits provisions to: (1) extend through FY 1994 the authority of the Department of Veterans Affairs to establish independent nonprofit research corporations at Department medical centers; (2) terminate a provision prohibiting the Secretary of Veterans Affairs from furnishing care and treatment and rehabilitative services for alcohol and drug dependence or abuse disabilities beyond FY 1991; (3) terminate a provision requiring an ongoing clinical evaluation of the long-term results of drug and alcohol abuse treatment furnished to veterans in contract residential treatment facilities; (4) extend through FY 1996 the Department's authority to make grants to States for constructing and acquiring State home facilities for furnishing domiciliary and nursing home care and for expanding, altering, or remodeling existing facilities; (5) extend through FY 1995 the authority for the operation of the Veterans Memorial Medical Center in the Philippines; (6) decrease from $1,000,000 to $500,000 the annual authorized grant for replacing and upgrading equipment and facilities at such Medical Center, requiring the first $50,000 of such funds to be used for educating and training medical personnel; and (7) extend through FY 1994 the authority of the Department to operate adult day health care programs.
Bill· SS. 1265 (102nd)referred
United States · United States Congress · 11 June 1991
Veterans' Vocational Rehabilitation and Education Benefit Budget Amendments of 1991 - Limits: (1) entitlement to veterans' vocational rehabilitation programs sponsored by the Department of Veterans Affairs to veterans entitled to veterans' disability compensation for a service-connected disability rated at 30 percent or more (currently, 20 percent or more); and (2) eligibility under the Survivors' and Dependents' Educational Assistance program to the natural or legally adopted children of the parent from whom eligibility is derived.
Bill· SS. 1272 (102nd)referred
United States · United States Congress · 11 June 1991
Veterans' Housing Amendments Act of 1991 - Revises the loan fee to be paid by veterans for housing loans guaranteed, insured, or made by the Department of Veterans Affairs to make such fee: (1) 1.85 percent of the total loan amount; (2) 1.625 percent of such amount in the case of loans for veterans for housing in rural areas, loans made to acquire housing by default, or loans made to refinance a housing loan; (3) 1.375 percent of such amount in the case of a loan for purchase or construction in which the veteran has made a down payment of at least five but less than ten percent of the total purchase price or construction cost; (4) 1.125 percent of such amount in the case of a purchase or construction loan when the veteran makes a down payment of ten percent or more; (5) two percent of such amount in the case of a loan made to purchase manufactured homes and lots; and (6) 2.5 percent of such amount in the case of a veteran who has previously obtained a guaranteed loan, without regard to the type of loan or the down payment made. Makes the 2.5 percent charge inapplicable to: (1) a person on active duty at the time of the loan; (2) refinancing an existing loan; or (3) the purchases of property for which prior loans made are in default. Revises veterans' home loan default procedures to allow the holder of a Government National Mortgage Association loan to convey the property to the United States in return for payment by the Secretary of an amount equal to the net value of the property. Makes such default procedures permanent. Repeals a provision providing for the continuation of, and additional funding for, the direct loan revolving fund established under the Servicemen's Readjustment Act of 1944. Provides, in lieu, for the use of the Department of Veterans Affairs Loan Guaranty Revolving Fund for the making of direct loans to veterans for housing purposes. Revises provisions regarding the maximum loan amount for the purchase or construction of homes by veterans to make the maximum amount of a loan obtained or assumed by a veteran that provides for a lower interest rate than the loan being refinanced the greater of: (1) the sum of the outstanding balance on the loan to be refinanced and closing costs actually paid; or (2) 90 percent of the reasonable value of the dwelling or farm residence securing the loan. Makes the maximum loan amount to be obtained by a veteran who has previously obtained a loan or direct housing loan through the Department 90 percent of the reasonable value of the dwelling or farm residence securing the loan. Extends to October 1, 1993, the time period authorized for lenders to review appraisal reports in connection with homes for which the Department is guaranteeing loans. Repeals provisions which prohibit the Department from guaranteeing loans for newly constructed residences in areas not served by public or community water and sewage systems. Requires any veteran desiring a housing debt waiver to make such request within 180 days after the notification of such indebtedness, or by September 30, 1993, if notice was provided before October 1, 1991. Directs the Secretary, at the request of the Secretary of Housing and Urban Development, to issue certificates of veteran status to prospective mortgagors or applicants for assistance under the National Housing Act or other programs administered by such agency. Provides that persons applying for Department guaranteed, made, or insured housing loans will not become subject to provisions requiring persons seeking loans exceeding $150,000, which are guaranteed, made, or insured by a Federal agency to disclose their lobbying activities. Provides that the maximum amount of any loan made to a veteran for the purchase of a manufactured home and lot shall not exceed 90 percent (currently, 95) of the purchase price of the property securing the loan.
Bill· SS. 1271 (102nd)referred
United States · United States Congress · 11 June 1991
Medical Care Cost Recovery Amendments of 1991 - Extends permanently the authority of the Secretary of Veterans Affairs to recover from third party insurance providers the cost of medical care and services furnished by the Department of Veterans Affairs for a non-service-connected disability to veterans who have a service-connected disability and are covered under a health-plan contract. Revises the definition of "health-plan contract" to provide that Medicare supplemental insurance plans shall be required to reimburse the Department for services provided to veterans by the Department under such a plan.
Bill· SS. 1255 (102nd)referred
United States · United States Congress · 11 June 1991
Provides that, for purposes of the right to receive, as well as the amount of, any Federal, State, or private employee pension benefit under a pension benefit plan, a person who is absent from his or her employment for more than 45 days due to military service or training and who is restored to such employment shall be considered to have been continuously employed in that position during the entire period of such service or training.
Bill· HRH.R. 2603 (102nd)open
United States · United States Congress · 10 June 1991
Deems any soldier of the United Kingdom who was killed by fire from U.S. military aircraft during a battle along the Iraq-Kuwait border on February 26, 1991, to be a member of the armed forces of the United States for purposes of payments of a death gratuity and full Servicemen's Group Life Insurance benefits.
Bill· HRH.R. 2599 (102nd)open
United States · United States Congress · 10 June 1991
Authorizes the National Defense Stockpile (NDS) Manager, during FY 1992 and 1993, to dispose of specified excess quantities of materials in the NDS previously authorized for disposal by law or listed in this Act. Amends the Strategic and Critical Materials Stock Piling Act to: (1) provide that proposed changes in the quantity of any material to be stockpiled shall take effect 30 days after notification to the Congress; (2) revise the required period of congressional notification before the President may implement certain stockpile actions or changes; (3) repeal a provision prohibiting a disposal which would result in an unobligated balance in the National Defense Stockpile Transaction Fund (the Fund) in excess of $100,000,000; (4) make appropriations authorized for disposal actions available until expended; (5) authorize the President to rotate materials in the NDS in order to prevent technological obsolescence; (6) allow moneys in the Fund to be used for the maintenance and disposal of strategic and critical materials; (7) change from semiannually to annually the frequency of reports required from the President on operations under such Act; (8) change from annually to semiannually the frequency of reports required from the Secretary of Defense on stockpile requirements; and (9) delete a provision prohibiting a disposal of any stockpiled material specifically authorized by law during a period of vacancy in the position of the NDS Manager.
Bill· HRH.R. 2584 (102nd)referred
United States · United States Congress · 7 June 1991
Desert Storm Military Service Academy Eligibility Extension Act of 1991 - Revises the current age limit for admission to the military service academies to allow admission to members of the armed forces between the ages of 22 and 25 who: (1) serve a tour of duty in a combat zone; and (2) are accepted for admission within a one-year period following release from such duty. Provides transition provisions for persons serving a tour of duty in the Persian Gulf.
Bill· SS. 1241 (102nd)passed
United States · United States Congress · 6 June 1991
Violent Crime Control Act of 1991 - Title I: Safer Streets and Neighborhoods - Safer Streets and Neighborhood Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local law enforcement agencies; and (2) continue the Federal-State funding formula for such agencies for FY 1992. Title II: Death Penalty - Federal Death Penalty Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, of its intention to seek the death penalty and of the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken, and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals to review the record, address all substantive and procedural issues raised on appeal, and consider whether such sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of the required aggravating factor. Specifies that whenever such court finds that the sentence was imposed under such influence, the admissible evidence adduced does not support such special finding, or other legal error requires reversal of the sentence, the court shall remand the case for reconsideration or impose a sentence other than death (and, in any other case, remand for reconsideration.) Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions. Bars the imposition of a death sentence for a death-eligible offense committed in Indian country unless the Indian tribe having criminal jurisdiction over land and persons subject to such jurisdiction has elected to have this title apply in such cases. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) murder for hire; (5) murder in the aid of a racketeering activity; (6) engaging in a criminal enterprise activity which results in death; and (7) other specified offenses, including civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Racial Justice Act of 1991 - Amends the Federal judicial code to prohibit the imposition or execution of sentences of death under color of State or Federal law in a racially discriminatory pattern. Specifies that to establish such a pattern: (1) ordinary methods of statistical proof shall suffice; and (2) it shall not be necessary to show discriminatory intent on the part of any individual or institution. Specifies that: (1) to establish a prima facie showing of a racially discriminatory pattern it shall suffice that death sentences are being imposed or executed upon persons of one race with a frequency disproportionate to their representation among the number of persons arrested for, charged with, or convicted of death-eligible crimes, or as punishment for crimes against persons of one race with a frequency that is disproportionate to their representation among persons against whom death-eligible crimes have been committed; and (2) to rebut such a showing, a State or Federal entity must establish by clear and convincing evidence that identifiable and pertinent nonracial factors persuasively explain the observable racial disparities comprising the pattern. Requires any State or Federal entity that provides for the death penalty to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Directs each such entity to: (1) monitor compliance by local officials and agencies; (2) devise and distribute to every local official or agency responsible for the investigation or prosecution of death-eligible crimes a standard form to collect pertinent data; (3) maintain, compile, and index such forms and data and make them available to the public; (4) maintain a centralized, alphabetically indexed file of all police and investigative reports transmitted to it by local officials or agencies in every case of death-eligible crime; and (5) allow access to its file of police and investigative reports to the counsel of record for persons charged with death-eligible crimes. Requires each local official responsible for the investigation or prosecution of death-eligible crimes to: (1) complete such form on every case of death-eligible crime; (2) transmit such form to the central agency within three months after disposition of each such case; and (3) transmit to such agency a copy of all police and investigative reports made in connection with each case of death-eligible crime. Requires such data to include, at a minimum: (1) pertinent demographic information on all persons charged with the crime and all victims (including race, sex, age, and national origin); (2) information on the principal features of the crime; (3) information on the aggravating and mitigating factors of the crime, including the background and character of every person charged with the crime; and (4) a narrative summary of the crime. Requires the court to appoint counsel for those financially unable to retain counsel and to furnish investigative, expert, or other services as necessary for the development of the claim of any such person, subject to certain limitations. Specifies that no determination on the merits of a factual issue made by a State court pertinent to any claim under this Act shall be presumed to be correct unless: (1) the State is in compliance with the provisions of this Act; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to counsel and to the furnishing of investigative, expert, and other such services which were substantially equivalent to those provided in this Act; and (3) the determination is one which is otherwise entitled to be presumed correct under the criteria specified under Federal habeas corpus provisions. Title III: Death Penalty for Murder of Law Enforcement Officer Act - Authorizes the death penalty for the murder of: (1) Federal law enforcement officials; and (2) State law enforcement officers working with Federal agents. Title IV: Death Penalty for Drug Criminals Act - Death Penalty for Drug Criminals Act of 1991 - Amends the Controlled Substances Act (CSA) to authorize the death penalty for first degree murders committed in the course of: (1) drug distribution conspiracies; (2) drug import and export conspiracies; (3) drug distribution to minors, near schools, or while employing minors; and (4) export, import, or distribution of major quantities of drugs. Title V: Prevention and Punishment of Terrorist Acts - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both. Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States (with jurisdiction over the prohibited activity if the alleged offender is a U.S. national or is present in the United States, irrespective of the nationality of the victim or the alleged offender); (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States or any U.S. department or agency; and (3) committing certain homicides and attempted homicides involving firearms in Federal facilities. Increases penalties for international terrorist acts. Provides for the imposition of the death penalty for terrorist murders. Subtitle D: Preventing Domestic and International Terrorist Acts - Part I: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, within the United States and acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used or intended for use for, or constituting or derived from the gross profits or other proceeds obtained from, specified violations related to terrorist acts, or to facilitate the concealment or an escape from the commission of such violations. Part II: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission, and other legal, requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 200 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review. Subtitle E: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad. Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions. Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution. Subtitle F: Authorizations to Expand Counter-Terrorist Operations by Federal Agencies - Authorizes appropriations for counter-terrorist operations and programs. Title VI: Drive-By-Shooting Act - Drive-By-Shooting Prevention Act of 1991 - Sets penalties for any individual who, in furtherance or to escape detection of a major drug offense, with intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more people causing: (1) grave risk to human life (a fine and up to 25 years' imprisonment); or (2) death (a fine, life imprisonment, or, in a case of first degree murder, a sentence of death). Title VII: Assault Weapons - Antidrug, Assault Weapons Limitation Act of 1991 - Amends the Federal criminal code to prohibit the transfer, importation, receipt, or possession of any assault weapon, except: (1) by the Federal, State, or local government; and (2) with respect to weapons lawfully possessed before enactment of this Act. Specifies firearms to be included as assault weapons. Authorizes the Secretary of the Treasury to recommend to the Congress the addition or deletion of firearms to be designated as assault weapons. Increases the length of imprisonment for an individual who uses or carries an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime. Prohibits the sale, shipment, or delivery (or purchase, possession, or acceptance of delivery) of an assault weapon to (or by) any person who does not fill out a specified form. Establishes recordkeeping requirements. Directs the Secretary to prescribe regulations for the request and delivery of such form. Directs the Attorney General to: (1) investigate and study the effect of this title on violent and drug trafficking crime; and (2) submit to the Senate a report on its findings. Establishes penalties for knowingly failing to acquire the proper form with respect to the lawful transfer, transport, shipping, receipt, or possession of an assault weapon. Specifies the effective period of this title. Title VIII: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director. Requires a State that desires to participate in the Police Corps program or the Law Enforcement Scholarship program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Subtitle A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Authorizes appropriations. Subtitle B: Law Enforcement Scholarship Program - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education. Sets forth State plan requirements, including identifying model curricula and existing programs and providing assurances that the State will promote cooperative agreements to enhance law enforcement personnel recruitment efforts in high schools and community colleges. Sets forth application requirements. Grants priority in awarding scholarships to members of underrepresented groups and to those pursuing an undergraduate degree. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour of financial assistance (with a six-month minimum and two-year maximum). Authorizes appropriations. Subtitle C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers. Title IX: Police Officers' Bill of Rights Act of 1991 - Police Officers' Bill of Rights Act of 1991 - Amends the Omnibus Act to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. Sets forth minimum standards that shall apply when an officer is under investigation or is subjected to questioning under circumstances that could lead to disciplinary action, including that: (1) questioning be conducted at a reasonable hour, and take place at the offices of those conducting the investigation, with exceptions; (2) the officer under investigation be informed in writing of the nature of the investigation prior to questioning; (3) any questioning be for a reasonable period of time, allowing for reasonable periods for rest and personal necessities; (4) such questioning be recorded in full in writing or by electronic device, and a copy of the transcript made available to the officer under investigation; and (5) the officer be entitled to the presence of counsel or other individual at the questioning. Requires the law enforcement agency to notify the officer that such officer is entitled to a hearing by a hearing officer or board, with exceptions for summary punishment or emergency suspension for misconduct. Specifies that an emergency suspension shall not affect the officer's health benefits. Sets forth provisions: (1) with respect to the composition of a disciplinary hearing board and procedures for a disciplinary hearing; and (2) limiting the penalty to that which was recommended by the trial board. Provides for notice of disciplinary action. Bars any penalty or threat of penalty against the officer for the exercise of rights under this Act. Prohibits: (1) a law enforcement agency from inserting any adverse material into the file of an officer unless such officer has had an opportunity to review and comment in writing on the adverse material; (2) requiring or requesting an officer to disclose personal property, income, assets, sources of income, debts, or expenditures (including those of any household member) unless the information is necessary in investigating a violation of law, rules, or regulation with respect to the performance of official duties, or where such disclosure is required by Federal, State, or local law; and (3) a State from having more than two legislative sessions to enact a Law Enforcement Officers' Bill of Rights that provides rights substantially similar to those afforded under this Act. Authorizes a cause of action in State court by the officer for recovery of damages and full reinstatement against a law enforcement agency that materially violates rights afforded under this Act, subject to specified limitations. Specifies that the sovereign immunity of a State shall not apply in the case of such a violation. Specifies that this Act does not preempt State law or collective bargaining agreements or discussions that provide rights for officers that are substantially similar to those afforded by this Act. Title X: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1991 - Authorizes appropriations for the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Immigration and Naturalization Service (INS), U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services. Title XI: Habeas Corpus Reform Act - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability to such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this Act. Sets forth procedures for the appointment of counsel or for allowing a prisoner to proceed pro se. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts, and the failure to raise the claim is the result of State action in violation of the Constitution or laws of United States, is the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence; (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed; or (3) a stay and consideration of the requested relief are necessary to prevent a miscarriage of justice. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Authorizes a district court to refuse to consider a claim under this Act if: (1) the prisoner previously failed to raise the claim in State court at the time and in the manner prescribed by State law; (2) the State courts, for that reason, refused or would refuse to entertain the claim; and (3) such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the U.S. Supreme Court. Provides an exception to such authorization. Makes the requirement for a certificate of probable cause inapplicable, with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this Act shall provide for counsel to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate or collateral review in State court; and (3) who have been sentenced to death and who seek certiorari review in the U.S. Supreme Court. Prescribes minimum qualifications for appointed counsel. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Allows the court to fix the compensation to be paid to an attorney appointed under this Act. Specifies which law is applicable in Federal habeas corpus proceedings. Title XII: Punishment of Gun Criminals - Gun Criminals Punishment Act of 1991 - Subtitle A: Increased Penalties for Gun Offenses - Requires that any individual who, during and in relation to any crime of violence or drug trafficking crime, discharges a firearm that kills another person: (1) if the killing is a first degree murder, be sentenced to death, life imprisonment, or any term of years, fined, or both; and (2) if the killing is other than a first degree murder, be fined, imprisoned for life or any term of years, or both. Increases penalties to be imposed in addition to penalties provided for a crime of violence or drug trafficking crime for discharging, using, carrying, or otherwise possessing a firearm during and in relation to such crime to five to ten years for firearm, ten to 15 years for an assault weapon, short-barreled rifle, or short-barreled shotgun, and 30 years for a machine gun, destructive device, or firearm equipped with a silencer or muffler. Requires an individual to be sentenced to life imprisonment for a second conviction of such an offense if the firearm is an assault weapon. Directs the U.S. Sentencing Commission to promulgate, or amend existing, guidelines to provide for a sentencing enhancement in accord with such provisions. Subtitle B: Firearms and Related Amendments - Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction. Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer. Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Makes it unlawful to knowingly possess stolen firearms, ammunition, or explosives. Adds using a firearm in the commission of counterfeiting or forgery (current law specifies only "whoever, during and in relation to any crime of violence or drug trafficking crime") among offenses which, if the offender uses or carries a firearm, will subject such person to an enhanced sentence. Provides for a mandatory five year penalty for firearms possession by violent felons and serious drug offenders. Modifies provisions regarding the reporting of multiple firearms sales to: (1) cover sales during any 30 consecutive days (currently, during any five consecutive business days); and (2) require each licensee to forward a copy of the report to the chief law enforcement officer of the place of residence of the unlicensed person not later than the close of business on the date that the multiple sale or disposition occurs. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense. Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Defines "burglary" to mean any crime punishable by a term of imprisonment exceeding one year and consisting of entering or remaining surreptitiously within a building that is the property of another with intent to engage in conduct constituting a Federal or State offense. Prohibits the court from placing on probation or suspending the sentence of any person sentenced pursuant to (currently, convicted of) a provision enhancing penalties for the use of a firearm during and in relation to any crime of violence or drug trafficking crime. Bars the sale of firearms and explosives to, or possession of firearms and explosives by, persons convicted of a violent or serious drug misdemeanor. Subtitle C: Prohibited Gun Clips and Magazines - Includes ammunition feeding devices (AFDs) within the definition of firearms for purposes of Federal firearms laws. Defines an AFD to include any detachable magazine, feed strip, or similar device which has a capacity of, or which can be readily converted to accept, more than 15 rounds of ammunition, with exceptions. Prohibits the importation, manufacture, transfer, receipt, or possession of AFDs, with exceptions. Requires the Secretary of the Treasury to maintain a central registry of all such devices transferred after the effective date of this Act which, after such transfer, are not under the control of the United States or any State or political subdivision. Specifies that such registry shall include: (1) identification of the device; (2) date of registration; (3) identification and address of the person entitled to possess the device; and (4) such other information as may be required by regulations promulgated by the Secretary. Establishes additional registration procedures. Requires all AFDs to be identified by a serial number and such other identification as the Secretary may prescribe. Provides for criminal penalties for violation of provisions of this Act relative to AFDs. Authorizes specified individuals engaged in the manufacture or importation of AFDs requiring a license to continue to engage in such business pending final action on the application. Title XIII: Prison for Violent Drug Offenders - Authorizes appropriations for the construction, and operation for one year, of ten regional prisons. Sets forth provisions with respect to the location and population of such prisons, prisoner eligibility (State and Federal prisoners with release dates of not more than two years from the date of assignment to the prison who have long-term drug abuse problems and serious criminal histories, and who agree to the assignment), State responsibilities, and the powers of the Director of the Bureau of Prisons (e.g., to return any prisoner not complying with program requirements and conditions.) Requires any State seeking to refer a State prisoner to a regional prison to submit to such Director an aftercare plan setting forth the provisions that the State will make for the continued treatment of the prisoner in a therapeutic community following release and providing for vocational job training where appropriate. Title XIV: Boot Camps - Directs the Attorney General, within one year, to establish within the Bureau of Prisons ten military-style boot camp prisons. Sets forth provisions with respect to prison capacity, proportion of State to Federal prisoners, and eligibility requirements. Authorizes appropriations. Title XV: Youth Violence Act - Subtitle A: Increasing Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of general local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes appropriations. Sets forth provisions with respect to application, and review and approval, procedures. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Title XVI: Rural Crime and Drug Control Act - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offense involving crystalline methamphetamine. Subtitle C: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse required to be established under the Public Health Service Act to: (1) gather information pertaining to Alcohol, Drug Abuse, and Mental Health Administration and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Subtitle D: Rural Land Recovery Act - Specifies that each of the Rural Drug Enforcement Task Forces shall include one Director of Rural Land Recovery. Directs State and Federal prosecutors, when bringing charges against the operators of such laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances. Title XVII: Drug Emergency Areas Act of 1991 - Drug Emergency Areas Act of 1991 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond. Requires Governors or chief executive officers, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan. Limits the duration of assistance to a drug disaster area to one year, after which the Governors or chief executive officers may apply for an extension of up to 180 days. Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Title XVIII: Drunk Driving Child Protection Act - Drunk Driving Child Protection Act of 1991 - Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine, or both, in addition to any term of imprisonment under State law for driving under the influence of drugs or alcohol if a minor (other than the offender) was present in the vehicle at the time of the offense. Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a minor (other than the offender) is present in the vehicle by up to one year's imprisonment (or if serious bodily injury of a minor is caused, five years; or if death of a minor is caused, ten years) and an additional $1,000 fine, or both. Defines "minor" as a person less than 18 years of age. Expresses the sense of the Congress that, in determining child custody and visitation rights, the courts should take into consideration the history of drunk driving of any person involved in the determination. Title XIX: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to: (1) develop a comprehensive crime control plan to serve as a blueprint for action in the 1990s; (2) bring attention to successful models and programs; (3) reach beyond the traditional criminal justice community for ideas; and (4) recommend improvements in local, State, and Federal coordination. Sets forth the composition of the Commission, its responsibilities, administrative provisions, reporting requirements, and termination date. Title XX: Protection of Crime Victims - Victims' Rights and Restitution Act of 1991 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the Federal Aviation Act of 1958. Authorizes the court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders. Title XXI: Crack House Eviction Act - Amends the CSA to authorize: (1) the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances; and (2) the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate. Directs the Attorney General to: (1) aggressively pursue the use of criminal penalties, civil injunctions, forfeiture sanctions, and other remedies against drug offenders; and (2) report annually to the Congress on the manner and extent to which such remedies are being used and their effect in curtailing drug trafficking. Title XXII: Organized Crime and Dangerous Drugs Division - Subtitle A: Establishment of an Organized Crime and Dangerous Drugs Division in the Department of Justice - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1991 - Establishes within DOJ the Organized Crime and Dangerous Drugs Division, consisting initially of specified offices within the Criminal Division of DOJ and the Organized Crime Drug Enforcement Task Force Program. Transfers to such Division all functions, personnel, and available funds of such offices and program. Requires such Division to be headed by an Assistant Attorney General for the Organized Crime and Dangerous Drug Division and a Deputy Assistant. Establishes within such Division such sections and offices as the Attorney General deems appropriate to maintain or increase the level of enforcement activities with respect to criminal racketeering, narcotics trafficking, money laundering, asset forfeiture, international crime, and civil enforcement. Directs the Attorney General to establish at least 20 field offices of the Division to be known as Organized Crime and Dangerous Drug Strike Forces. Sets forth additional provisions with respect to coordination of field activities and the transfer of staff assigned to the Task Forces to the Division (designated the Criminal Narcotics Section). Specifies that the agents assigned to the Strike Forces shall be dedicated exclusively to, and located with, the Strike Forces and shall be given credit for the work of the Strike Forces. Requires the Assistant Attorney General for Organized Crime and Dangerous Drugs to report to the Congress on the areas of the United States that may require increased assistance from DOJ through the establishment of additional strike forces. Authorizes appropriations for salaries and expenses of the Division for FY 1992, subject to certain limitations. Subtitle B: International Prosecution Teams - Requires the Division to include at least ten International Drug Enforcement Teams: (1) devoted exclusively to investigating, prosecuting, and supporting the investigation and prosecution of international drug cases; and (2) responsible for developing expertise in handling civil and criminal cases involving extradition, money laundering, drug-related corruption, and other complex cases relating to international drug trafficking. Specifies relationships of team members and goals, including improved coordination and cooperation between the United States and foreign countries in the suppression of international money laundering and narcotics trafficking. Title XXIII: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure that was in violation of the fourth amendment to the Constitution if the search or seizure was carried out in reasonable reliance on a warrant that was issued by a detached and neutral magistrate and that was ultimately found to be invalid, unless: (1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth; (2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant; (3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient that the executing officers could not reasonably presume it to be valid. Title XXIV: Drug Testing - Federal Prisoner Drug Testing Act of 1991 - Amends the Federal criminal code to require, as a condition of probation, supervised release, or parole, that the defendant pass a drug test prior to the imposition of sentence, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the court, with respect to probation or supervised release, and by the U.S. Parole Commission, with respect to parole) for use of a controlled substance. Specifies that no action may be taken against a defendant pursuant to such a drug test unless the test confirmation is a urine drug test confirmed using gas chromatography/mass spectrometry techniques or one determined to be of equivalent accuracy. Title XXV: Maximum Penalty Increases for Violent Crimes - Increases the maximum penalty for: (1) assaults against specified classes of individuals; (2) manslaughter; (3) certain civil rights violations (including damage to religious property); (4) interstate and foreign travel or transportation in aid of racketeering enterprises; and (5) conspiracy to commit murder for hire. Specifies that, in determining the equitable share of proceeds for a State or local law enforcement agency from a drug-related asset seizure under CSA provisions, the Attorney General shall not retain more than ten percent of the total proceeds to cover the costs of administrative expenses. Title XXVI: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title XXVII: Brady Handgun Violence Prevention Act - Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, has notified the chief law enforcement officer for such individual's place of residence about the proposed transfer, and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer, issued in the past ten days, that the individual requires a handgun because of a threat to him or his family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law either requires a waiting period of at least seven days or requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful; or (5) the transferor has received a report from any system of felon identification established by the Attorney General under the Anti-Drug Abuse Act of 1988 that the individual's possession or receipt of the handgun would not violate Federal, State, or local law. Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship. Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's statement and retain evidence of compliance with the requirement under this Act with respect to the furnishing of a copy of the statement to the chief law enforcement officer of the place of residence of the individual within one day after furnishing such statement. Requires the law enforcement officer to destroy any copy of the individual's sworn statement and any record containing information derived from such statement within 30 days, unless such officer determines that the transaction would violate Federal, State, or local law. Specifies that a chief law enforcement officer shall not be liable to any person for action taken by the officer to ascertain whether a transferee of a handgun has a criminal record or whether there is any other legal impediment to the transferee receiving a handgun under any Federal, State, or local law, except a law that specifically provides for such liability. Directs the Attorney General, subject to appropriations, to make a grant to an eligible State for the direction of a computerized criminal history record system or improvement of an existing system and to defray the cost to State and local law enforcement agencies in conducting background checks on prospective handgun purchasers. Specifies the allocation of grant funds. Authorizes appropriations.