Education

Silvio O. Conte Disabilities Prevention Act

United States · United States Congress · 24 September 1991

Silvio O. Conte Disabilities Prevention Act - Amends the Public Health Service Act to authorize grants and contracts for the prevention of disabilities and the prevention of secondary conditions resulting from disabilities, including through demonstrations and interventions, surveillances and studies, public education, and training health professionals. Authorizes appropriations.

To amend title X of the Higher Education Act of 1965.

United States · United States Congress · 24 September 1991

Amends title X (Postsecondary Improvement Programs) of the Higher Education Act of 1965 (HEA) to authorize the Secretary of Education (the Secretary) to make planning grants to institutions of higher education for the development and testing of innovative techniques in postsecondary education. Authorizes appropriations for FY 1993 through 1997 for such planning grants. Extends through FY 1997 the authorization of appropriations for HEA title X part A, Fund for the Improvement of Postsecondary Education (the Fund) (to which such planning grant provisions are added). Redesignates the current part C of title X of HEA, Innovative Projects for Community Services and Student Financial Assistance, as part E of title XI (Partnerships for Economic Development and Urban Community Service) of HEA. Establishes a new part C of title X of HEA, Special Projects in Areas of National Need. Authorizes the Secretary to make grants to institutions of higher education, consortia thereof, and other public agencies and nonprofit institutions for innovative projects concerning one or more areas of particular national need in postsecondary education identified by the Secretary and the Director of the Fund. Sets forth application requirements. Requires areas of national need to initially include, but not be limited to: (1) international exchanges; (2) campus climate and culture; and (3) evaluation and dissemination. Authorizes appropriations for FY 1993 and 1997 for such grants.

Making continuing appropriations for the fiscal year 1992, and for other purposes.

United States · United States Congress · 24 September 1991

Makes continuing appropriations for projects or activities including the costs of direct loans and loan guarantees provided for in the following Acts: (1) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1992; (2) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1992; (3) the Department of Defense Appropriations Act, 1992; (4) the District of Columbia Appropriations Act, 1992; (5) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992; (6) the Department of the Interior and Related Agencies Appropriations Act, 1992; (7) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1992; (8) the Military Construction Appropriations Act, 1992; (9) the Department of Transportation and Related Agencies Appropriations Act, 1992; (10) the Treasury, Postal Service, and General Government Appropriations Act, 1992; and (11) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992. Sets forth limitations on the use of such funds. Requires the following activities to be maintained at the current rate of operations: (1) the National Science Foundation's United States Antarctic Logistical Support Activities; and (2) the Federal Communications Commission's Salaries and Expenses account.

Violent Crime Prevention Act of 1991

United States · United States Congress · 23 September 1991

Violent Crime Prevention Act of 1991 - Title I: Community Policing; Cop on the Beat - Community Policing; Cop on the Beat Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Director of the Bureau of Justice Assistance (BJA) to make grants to units of general local government and community groups to establish or expand cooperative efforts between police and the community to increase the police presence in the community. Requires the Director to develop a written model that informs community members regarding: (1) how to identify the existence of a drug or gang house; (2) what civil remedies are available; and (3) what mediation techniques are available between community members and individuals who have established a drug or gang house in such community. Sets forth application requirements. Requires each application to include a comprehensive plan containing: (1) a description of the crime problems within the areas targeted for assistance, the projects to be developed, community resources and gaps in the plan that cannot be filled with existing resources, and the system the applicant will establish to prevent and reduce crime; (2) an explanation of how the requested grant will be used to fill such gaps; and (3) an evaluation component. Requires the Director to allocate not less than 75 percent of the funds available to units of local government or combinations of such units and not more than 20 percent to community groups. Provides for grant renewal. Limits: (1) costs of administration, technical assistance, and evaluation to five percent of available funds; and (2) the Federal share to 75 percent of total project costs. Requires the Director, in awarding grants, to consider: (1) demonstrated need and ability to provide the services described in the plan; (2) evidence of the ability to coordinate a community-wide response to crime; (3) ability to maintain the program after funding is no longer available; and (4) geographic distribution of grant awards. Sets forth reporting requirements. Authorizes appropriations. Title II: Drug Treatment in Federal Prisons - Drug Treatment in Federal Prisons Act of 1991 - Directs the Bureau of Prisons (Bureau) to provide residential substance abuse treatment for: (1) not less than 50 percent of eligible prisoners by the end of FY 1993; (2) not less than 75 percent of eligible prisoners by the end of FY 1994; and (3) all eligible prisoners by the end of FY 1995. Amends the Federal criminal code to authorize a change in the conditions of confinement, a reduction of up to one year from the prisoner's sentence, or both, with respect to any prisoner who, in the judgment of the Director of the Bureau, has successfully completed a residential substance abuse treatment program. Specifies that, if such conditions are changed, the Bureau shall periodically test the prisoner for drug abuse and discontinue such changes upon determining that drug abuse has recurred. Sets forth reporting requirements. Authorizes appropriations. Title III: Substance Abuse Treatment in State Prisons - Substance Abuse Treatment in State Prisons Act of 1991 - Amends the Omnibus Act to authorize the Director of the BJA to make grants for use by States in developing and implementing residential substance abuse treatment programs within State correctional facilities. Sets forth application requirements, including: (1) assurances that Federal funds received will be used to supplement, not supplant, non-Federal funds; and (2) agreement by the State to implement or continue to require urinalysis or similar testing of individuals in correctional residential substance abuse programs, including testing of individuals released from such programs who remain in State custody. Sets forth requirements with respect to: (1) duties of the designated State office under the Omnibus Act (application preparation and grant administration); (2) the review of State applications by the Bureau; (3) the allocation and distribution of funds; and (4) evaluation. Limits the Federal share to 75 percent of total project costs. Authorizes appropriations. Title IV: Safe Schools - Safe Schools Act of 1991 - Amends the Omnibus Act to: (1) authorize the Director of the BJA to make grants to local educational agencies (LEAs) to provide assistance to such agencies most directly affected by crime and violence; and (2) require the Director to develop a written safe schools model in a timely fashion and make such model available to any LEA that requests such information. Earmarks such grants: (1) to fund anticrime and safety measures, and to develop education and training programs for the prevention of crime, violence, illegal drugs, and alcohol; and (2) for counseling programs for victims of crime within schools, crime prevention equipment, and the prevention and reduction of youth participation in organized crime and drug- and gang-related activities in schools. Sets forth application requirements, provisions with respect to limits on administrative costs and grant renewal, factors in the Director's consideration in awarding grants, and reporting requirements. Authorizes appropriations. Title V: Crime Victims - Victims Justice Act of 1991 - Repeals: (1) the current $150,000,000 cap on the Crime Victims Fund under the Victims of Crime Act of 1984; and (2) sunset provisions under such Act. Modifies the formula for the distribution of sums deposited into the Fund to provide that: (1) the first $10,000,000 of the total funds deposited in a fiscal year shall be available for child abuse prevention and treatment grants; (2) the next sums deposited, up to the reserved portion (specified below), shall be made available to the judicial branch for administration costs; (3) of the sums remaining, four percent shall be available for training and technical services to victim assistance programs and for financial support of services to victims of crime by victim assistance programs, and 96 percent shall be available for crime victim compensation and victim assistance programs. (Current law provides a complex formula for the distribution of funds depending on the amount deposited in the Fund.) Authorizes the Director of the Office for Victims of Crime to retain any amount in excess of 110 percent of the total deposited in the previous fiscal year as a reserve for those years in which there is a shortfall in the Fund, provided that the reserve shall not exceed $20,000,000. Specifies that: (1) the reserved portion shall be $6,200,000 in each of FY 1992 through 1995 and $3,000,000 for each fiscal year thereafter; and (2) sums awarded as part of a grant under this Act that remain unspent at the end of a fiscal year in which such grant is made may be expended for the grant's purpose at any time during the two succeeding fiscal years (under current law, during the succeeding fiscal year). Increases the Federal share of victim compensation programs from 40 to 45 percent of the amounts awarded by each program during the preceding fiscal year. Specifies that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program, would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program. Authorizes the Director to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year. Requires crime victim assistance chief executives to give particular attention to children who are victims of violent street crime. Authorizes the use of grants under this Act for demonstration projects. Allows the Director to permit up to five percent of a victim assistance program grant to be used by the chief executive of each State for administrative costs. Makes biannual reports under such Act due on May 31 (currently, such reports are due December 31). Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds. Delays the effective date for specified provisions to make the allocations required by such provisions without reducing the funding levels of programs supported by the Victim Assistance Fund and the Victims Compensation Fund. Title VI: The Certainty of Punishment for Young Offenders - Certainty of Punishment for Young Offenders Act of 1991 - Amends the Omnibus Act to require the Director of the BJA to make grants to States, for use by States and units of local governments, to develop alternatives to incarceration and probation for young offenders which promote reduced recidivism, crime prevention, and victim assistance, including boot camp prison programs, community service programs, and demonstration restitution projects. Sets forth provisions with respect to: (1) State and local applications; (2) application review; (3) the allocation and distribution of funds to State and local governmental units; (4) evaluation; and (5) limitations on administrative costs. Authorizes appropriations. Title VII: Drug-Testing of Arrested Individuals - Authorizes the Director of the BJA to make grants to States, for use by States and units of local government, to develop, implement, or continue drug testing projects when individuals are arrested and during the pretrial period. Sets forth provisions with respect to: (1) State applications, including a requirement that the State agree to develop or maintain programs of urinalysis or similar drug testing of individuals upon arrest and on a regular basis pending trial for the purpose of making pretrial detention decisions; (2) local applications; (3) the allocation and distribution of funds to State and local governmental units; and (4) reporting requirements. Authorizes appropriations. Title VIII: Drug Emergency Areas Act of 1991 - Drug Emergency Areas Act of 1991 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to assure an effective response to save lives and to protect property, public health, and safety. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities is beyond the capability of the State or local government to respond. Requires each Governor or chief executive officer, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining that government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan. Limits the duration of assistance to a drug disaster area to one year, after which the Governors or chief executive officers may apply for an extension of up to 180 days. Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Makes assistance under this title subject to an annual audit by the Comptroller General. Authorizes appropriations. Title IX: Coerced Confessions - Specifies that the admission into evidence of a coerced confession (i.e., one elicited in violation of the fifth or fourteenth amendments to the Constitution) shall not be considered harmless error. Title X: DNA Records - DNA Identification Act of 1991 - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze DNA for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis issued by the Director of the Federal Bureau of Investigation (FBI); (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to any defendant for criminal defense purposes, and if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this Act. Authorizes appropriations. Requires the Director of: (1) the National Research Council to appoint an advisory board on DNA quality assurance methods to develop and periodically monitor recommended standards for quality assurance, including standards for testing the proficiency of forensic analysis in conducting DNA analyses; and (2) the FBI, after taking into consideration such recommended standards, to issue standards for quality assurance including standards for testing the proficiency of forensic laboratories in conducting such analyses. Mandates that such standards: (1) specify criteria for quality assurance and proficiency tests to be applied to each procedure used by forensic laboratories to conduct such analyses; and (2) include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Authorizes the Director of the FBI to establish an index of DNA identification records of persons convicted of crimes punishable by more than one year's imprisonment and analyses of DNA samples recovered from crime scenes. Specifies that such index may include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses. Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this Act are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not to exceed 180 days, external proficiency proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director of the FBI to submit an annual report on the results of such tests to the House and Senate Judiciary Committees for five years after enactment of this Act and to arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year. Restricts disclosure of DNA tests performed for a Federal law enforcement agency to: (1) criminal justice agencies for law enforcement identification purposes; and (2) any defendant for criminal defense purposes. Authorizes disclosure of test results for a population statistics database, for identification research and protocol development purposes, or for quality control purposes if personally identifiable information is removed. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by Federal law enforcement agency by virtue of employment or official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. Title XI: Habeas Corpus - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances. Specifies requirements for stays of execution in capital cases. Bars the court from applying a new rule representing a sharp break from precedent announced by the U.S. Supreme Court that could not reasonably have been anticipated at the time the claimant's sentence became final in State court. Requires a State in which capital punishment may be imposed to provide legal services to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate, collateral, or unitary review in State court; and (3) who have been sentenced to death and who seek certiorari review of State court judgments in the U.S. Supreme Court. Directs the State to establish an appointing authority which shall be a statewide defender organization, a resource center, or a committee appointed by the highest State court, comprised of bar members with substantial experience in, or commitment to, criminal justice. Requires the appointing authority to: (1) publish a roster of attorneys qualified to be appointed in capital cases, procedures by which attorneys are appointed, and standards governing qualifications and performance of counsel (including knowledge and understanding of pertinent legal authorities regarding issues in capital cases; skills in the conduct of negotiations and litigation in capital cases, the investigation of capital cases and the psychiatric history and current condition of capital clients, and the preparation and writing of legal papers in capital cases; and five years of specified felony trial or other experience); (2) monitor the performance of attorneys appointed and delete from the roster any attorney who fails to meet qualification and performance standards; and (3) appoint a defense team, including at least two attorneys, to represent a client at the relevant stage of proceedings, promptly upon receiving notice of the need for the appointment from the relevant State court. Sets forth additional provisions with respect to the appointment of counsel. Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application shall be dismissed unless the applicant shows that: (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed or in the validity of that sentence under Federal law. Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application. Title XII: Provisions Relating to Police Officers - Subtitle A: Police Accountability - Police Accountability Act of 1991 - Makes it unlawful for any governmental authority to engage in a pattern or practice of conduct by law enforcement officers that deprives persons of their constitutional or statutory rights, privileges, or immunities. Authorizes: (1) civil actions by the Attorney General and by any injured person to obtain equitable and declaratory relief to eliminate any such pattern or practice; and (2) the court to allow the prevailing plaintiff (in the case of an action by an injured person) reasonable attorney's fees and other litigation fees and costs, including expert's fees. Specifies that a governmental body shall be liable for such fees and costs to the same extent as a private individual. Establishes penalties for police brutality (excessive force), including a fine and imprisonment for any term of years or life if death results, for not more than ten years if bodily injury other than death results, and for not to exceed one year in any other case. Directs the Attorney General to acquire and publish an annual summary of data about complaints to criminal justice authorities about the use of excessive force by law enforcement officers. Requires State applications for justice system improvement grants (under the Omnibus Act) to include a certification that the State and its units of local government are providing such data to the Attorney General. Subtitle B: Retired Public Safety Officer Death Benefits - Amends the Omnibus Act to provide death benefits to retired public safety officers who become permanently and totally disabled as the direct result of a catastrophic injury sustained while responding to a fire, rescue, or police emergency. Title XIII: Fraud - Amends the Federal criminal code to include within mail fraud provisions depositing specified matter to be sent by any private or commercial interstate carrier (current law applies only to matter sent by the Postal Service). Establishes penalties for knowingly and with intent to defraud: (1) affecting transactions with one or more access devices (ADs) issued to another person to receive any thing of value aggregating $1,000 or more during any one-year period; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering an AD, or selling information regarding, or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD. Establishes penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) embezzle or willfully misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person about the financial condition or solvency of such business or to deceive any officer of such person or any insurance regulatory official; and (4) by threats or force, corruptly influences, obstructs, or endeavors corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this title. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud. Title XIV: Protection of Youth - Subtitle A: Crimes Against Children - Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish a State program and guidelines requiring persons convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency (LEA) for ten years after release from prison or after being placed on parole or supervised release. Sets forth requirements for an approved State registration program, including: (1) requirements that a State prison officer inform a released person of the duty to register and provide a designated State LEA with any new address in writing within ten days, obtain a fingerprint card and photograph if not already obtained, require the person to read and sign a form stating that the duty to register has been explained, and forward such information to a designated State LEA (which shall immediately enter the information into the appropriate State law enforcement record system, notify the appropriate LEA having jurisdiction where the person expects to live, and transmit the conviction data and fingerprints to the Identification Division of the FBI); (2) annual address verification by the designated State LEA; and (3) notification of LEAs having jurisdiction over a released person's new address. Provides that: (1) a person required to register who violates any requirement of a State program established by this Act shall be subject to criminal penalties in such State (recommends at least six months' imprisonment); and (2) the information provided under this Act is private and may be used for law enforcement purposes and confidential background checks conducted with fingerprints for child care services providers. Specifies that the allocation of BJA grant funds (under the Omnibus Act) received by a State not complying with the provisions of this Act three years after the enactment of this Act shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act. Subtitle B: Parental Kidnapping - International Parental Kidnapping Crime Act of 1991 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Subtitle C: Sexual Abuse Amendments - Amends the Federal criminal code to include within the definition of "sexual act" the intentional touching, not through the clothing, of the genitalia of another person who has not attained age 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. Title XV: Miscellaneous Drug Control - Amends the Controlled Substances Act (CSA) to establish penalties for any physical trainer or adviser who persuades or induces an individual to possess or use anabolic steroids in violation of such Act. Amends: (1) the CSA to make enhanced penalty provisions with respect to the distribution of a controlled substance within 1,000 feet of specified schools and other facilities applicable to public housing projects; and (2) the Public and Assisted Housing Drug Elimination Act of 1990 to authorize the use of grants in public housing projects for the determination of boundaries and the posting of signs identifying the property of the projects as drug-free zones. Directs the Secretary of Housing and Urban Development to require each public housing agency to post notices regarding the penalty imposed in common areas and at other appropriate locations in public housing projects of the agency. Authorizes the Attorney General, for calendar years 1992, 1993, and 1994, to reserve not more than 70, 60, and 50 percent, respectively, of the total narcotic raw materials imports for materials having Turkey or India as their original source if the Attorney General determines that such materials are in adequate supply and are priced competitively with other authorized suppliers. Provides for enhanced penalties for drug trafficking in prisons. Title XVI: Fairness in Death Sentencing Act of 1991 - Fairness in Death Sentencing Act of 1991 - Amends the Federal judicial code to prohibit the implementation of a sentence of death that was imposed based on race. Specifies that an inference that race was the basis of a death sentence is established if valid evidence is presented demonstrating that, at the time such sentence was imposed, race was a statistically significant factor in decisions to seek or to impose the death sentence in the jurisdiction in question. Provides that evidence relevant to establishing such inference may include evidence that death sentences were, at the pertinent time, being imposed in the jurisdiction in question significantly more frequently upon persons of one race or as punishment for capital offenses against persons of one race. Directs the court to determine the validity of any statistical evidence presented to establish such inference and if it provides a basis for such inference. Specifies that such evidence must take into account, to the extent it is compiled and made publicly available, evidence of the statutory aggravating factors of the crimes involved and must include comparisons of similar cases involving persons of different races. Bars the implementation of the death sentence unless the Government rebuts such inference by a preponderance of the evidence. Requires that the data collected by public officials concerning factors relevant to the imposition of the death sentence be made publicly available. Sets forth provisions with respect to the enforcement of this Act. Specifies that no person shall be barred from raising any claim under this Act on the ground of having failed to raise or prosecute the same or a similar claim before the enactment of this Act, nor by reason of any adjudication rendered before such enactment. Title XVII: Miscellaneous Crime Control - Subtitle A: General - Establishes penalties for receiving the proceeds of: (1) extortion; (2) kidnapping; and (3) postal robbery. Amends the Federal criminal code to establish penalties, in addition to the punishment otherwise provided for a crime, for the commission of a felony crime of violence or specified drug-related felonies in or for any criminal street gang, subject to specified conditions. Specifies that any term of imprisonment imposed under this subtitle shall run consecutively to any other sentence imposed for the underlying crime. Provides that an element of an offense that the defendant knew that property was stolen or counterfeit may be established by proof that the defendant, as a result of an official representation as to the nature of the property, believed the property to be stolen or counterfeit. Amends the CSA to increase penalties for the distribution of controlled substances in or near schools. Amends the Federal criminal code to authorize the Director of the FBI or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director certifies in writing to the wire or electronic communication service provider that such records are relevant to an authorized foreign counterintelligence investigation and there are specific and articulable facts giving reason to believe that the person to whom the information pertains is a foreign power or a foreign agent; and (2) the name, address, and length of service of a person if the Director certifies in writing to such provider that the information is relevant to such an investigation and there are specific articulable facts giving reason to believe that communication facilities registered in the name of the person have been used in communication with an individual who is or has engaged in international terrorism or clandestine activities that involve or may involve a violation of U.S. criminal statutes or a foreign power or foreign agent concerning international terrorism or such clandestine activities. Requires that the House and Senate Judiciary Committees be informed regarding all such requests for certification. (Current law authorizes the Director or his designee to request telephone toll and transactional records upon written certification to the provider that the information sought is relevant to an authorized foreign counterintelligence investigation and there are specific and articulable facts giving reason to believe that the person is a foreign power or foreign agent.) Extends the protection under civil rights statutes with respect to conspiracy against rights and deprivation of rights under color of law to any person in (currently, any inhabitant of) any State territory, or district. Increases penalties under the Travel Act for crime involving violence. Eliminates the $10,000 cap on fines under such Act. Provides penalties for misuse of the words "Drug Enforcement Administration" or the initials "DEA." Defines: (1) "savings and loan association" for purposes of the bank robbery statute to mean any Federal or State savings association having accounts insured by the Federal Deposit Insurance Corporation and any corporation described in the Federal Deposit Insurance Act which is operating under U.S. law; and (2) "livestock" to mean any domestic animals raised for home use, consumption, or profit. Subtitle B: Motor Vehicle Theft Prevention - Motor Vehicle Theft Prevention Act - Directs the Attorney General to develop a national voluntary motor vehicle theft prevention program under which: (1) the owner of a motor vehicle may voluntarily sign a consent form with a participating State or locality in which the motor vehicle owner states that the vehicle is not normally operated under specified conditions and agrees to display program decals or devices on the owner's vehicle and permit law enforcement officials in any State to stop the vehicle and take reasonable steps to determine whether such vehicle is being operated by the owner or with the owner's permission, if the vehicle is being operated under such conditions; (2) participating States and localities authorize law enforcement officials in the State or locality to stop motor vehicles displaying program decals or devices under such conditions and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner; and (3) Federal law enforcement officials are authorized to stop such vehicles under such conditions and make such determination. Requires such program to include a uniform design or designs for decals or other devices to be displayed by motor vehicles participating in the program which shall: (1) be highly visible; and (2) explicitly state that the motor vehicle to which it is affixed may be stopped under the specified conditions without additional grounds for establishing a reasonable suspicion that the vehicle is being operated unlawfully. Sets forth requirements with respect to the voluntary consent form. Directs the Attorney General to promulgate rules establishing the conditions under which participating motor vehicles may be authorized to be stopped under this Act, such as the operation of the vehicle during certain hours of the day or under circumstances that would provide a sufficient basis for establishing a reasonable suspicion that the vehicle was not being operated by, or with the consent of, the owner. Sets forth provisions with respect to the establishment of more than one set of conditions under which participating motor vehicles may be stopped. Requires the notification of lessees of motor vehicles for hire of participation in the program, as specified. Sets penalties for failure to comply with such notice provisions. Authorizes a State or locality to participate in the program by filing an agreement to comply with the terms and conditions of the program with the Attorney General. Specifies that, as a condition of participation, a State or locality must agree to take reasonable steps to ensure that law enforcement officials throughout the State or locality are familiar with the program and with the conditions under which motor vehicles may be stopped under the program. Authorizes appropriations. Includes within the scope of a provision setting penalties for the removal of or tampering with an identification number for a motor vehicle or motor vehicle part, removal of or tampering with a decal or device affixed pursuant to this Act with intent to further the theft of a vehicle, with exceptions. Sets forth penalties for the unauthorized application of a theft prevention decal or device, or a replica thereof. Title XVIII: Miscellaneous Funding Provisions - Authorizes appropriations for: (1) the Drug Enforcement Agency; and (2) the justice system improvement program under the Omnibus Act. Amends: (1) the Federal judicial code to make available sums from the Department of Justice (DOJ) Assets Forfeiture fund for alcohol and drug abuse and mental health services block grants under the Public Health Service Act, subject to specified limitations; and (2) the Omnibus Act to authorize the Director of the BJA to make grants to, or enter into contracts with, specified non-Federal public or private entities (current law does not specify non-Federal). Title XIX: Miscellaneous Criminal Procedure and Correction - Subtitle A: Revocation of Probation and Supervised Release - Amends the Federal criminal code to: (1) require the court, in sentencing a defendant for a violation of probation or supervised release, to consider applicable guidelines or policy statements issued by the U.S. Sentencing Commission; and (2) permit the court, if a defendant violates a condition of probation, to resentence the defendant (under current law, the court may impose any other sentence that was available at the time of the initial sentencing). Provides for the mandatory revocation of probation for possession of a controlled substance or firearm (currently, applies only to actual possession of a firearm). Requires the court, under such circumstances, to resentence the defendant to a sentence that includes a term of imprisonment (current law directs the court to impose any other sentence that was available at the time of the initial sentencing). Directs the court to require, as an explicit condition of probation or supervised release, that the defendant not unlawfully possess a controlled substance. (Current law specifies that the defendant not possess illegal controlled substances.) Specifies that a defendant whose term of supervised release is revoked may not be required to serve more than five years in prison if the offense that resulted in the term of release is a class A felony, more than three years if such offense is a class B felony, more than two years for a class C or D felony, or more than one year in any other case. (Current law specifies only no more than three years for a class B felony or more than two years for a class C or D felony.) Requires the court to revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum authorized if the defendant possesses a controlled substance in violation of a condition of supervised release or possesses a firearm in violation of Federal law or otherwise violates a condition of supervised release prohibiting the defendant from possessing a firearm. (Current law states that if the defendant is found to be in possession of a controlled substance, the court shall terminate the term of supervised release and require the defendant to serve in prison not less than one-third of the term of release.) Provides that: (1) when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized, the court may require that the defendant be placed on a term of supervised release after imprisonment (for a length of time not to exceed the term of release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment imposed upon revocation of such release); and (2) the power of the court to revoke a term of supervised release for violation of a condition of such release and to order the defendant to serve a term of imprisonment and a further term of such release extends beyond the expiration of the term of such release for any period reasonably necessary for the adjudication of matters arising before its expiration, subject to specified conditions. Subtitle B: List of Veniremen - Provides that a person charged with treason or another capital offense shall, a reasonable time (currently, at least three days) before trial, be furnished with: (1) a copy of the indictment (as under current law); (2) a list of veniremen and witnesses to be produced at trial (as under current law) and at the sentencing hearing; (3) the relevant written or recorded statements of such witnesses, relevant portions of memoranda containing reports of their statements, and copies of documents and the opportunity to examine tangible objects that the Government intends to use in the trial or sentencing hearing; and (4) such other reports, statements, or information as the court may order. Provides that the list of veniremen and the name, address, and other information identifying a witness need not be furnished if the court finds by a preponderance of the evidence that providing the list or the name or address may jeopardize the life or safety of any person. Subtitle C: Immunity - Permits a U.S. attorney to request an order requiring an individual to give testimony or provide other information which such individual refuses to give or provide based on the privilege against self-incrimination under specified circumstances with the approval of an officer or employee of the Criminal Division of DOJ designated by the Attorney General (currently, only with the approval of specified officials). Subtitle D: Clarification of 18 U.S.C. 5032's Requirement That Any Record of a Juvenile be Produced Before the Commencement of Juvenile Proceedings - Specifies that a juvenile shall not be transferred to adult prosecution nor shall a hearing be held under section 5037 (disposition after a finding of juvenile delinquency) until any prior juvenile court records have been received by the court or other specified conditions are met. (Current law states that "any proceedings against a juvenile under this chapter or as an adult shall not be commenced" until such conditions are met.) Subtitle E: Petty Offenses - Authorizes probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense. Provides for trial by a magistrate in petty offense cases. Grants a magistrate judge who has sentenced a person to a term of supervised release the power to revoke or modify the terms or conditions of such release. Subtitle F: Optional Venue for Espionage and Related Offenses - Provides for venue in the District of Columbia or in any other district authorized by law for the trial of specified espionage and related offenses. Title XX: Firearms and Related Amendments - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Adds using a firearm in the commission of counterfeiting or forgery among offenses which, if the offender uses or carries a firearm, will subject such person to an enhanced sentence. Provides for a mandatory five-year penalty for firearms possession by violent felons and serious drug offenders. Modifies provisions regarding the reporting of multiple firearms sales to: (1) cover sales during any 30 consecutive days (currently, during any five consecutive business days); and (2) require each licensee to forward a copy of the report to the chief law enforcement officer of the place of residence of the unlicensed person not later than the close of business on the date that the multiple sale or disposition occurs. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as prescribed for the underlying offense. Provides for a fine or up to ten years' imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Subtitle B: Assault Weapons - Prohibits the possession or transfer of assault weapons, with exceptions. Defines "assault weapon" to mean all firearms so designated under this Act, including Kalashnikov, Uzi, and AR-15 semiautomatic firearms. Authorizes the Secretary of the Treasury to recommend modifications to the list of designated assault weapons. Repeals a provision setting penalties (a fine of up to $5,000, up to five years' imprisonment, or both) for knowingly possessing a firearm in a school zone. Applies such penalties to persons who: (1) assemble from imported parts any semiautomatic rifle or shotgun which is identical to any rifle or shotgun prohibited from importation as not being particularly suitable for or readily adaptable to sporting purposes, with exceptions; and (2) possess or transfer an assault weapon in violation of this subtitle. Provides for an enhanced penalty for possession or use of an assault weapon during a crime of violence or drug trafficking crime. Directs the Secretary to prescribe regulations governing the transfer of assault weapons. Establishes a fine of up to $500 for the transfer in violation of any such regulation of an assault weapon that has been lawfully and continuously possessed by the person since before the date the weapon was included in the list under this subtitle. Subtitle C: Large Capacity Ammunition Feeding Devices - Prohibits the possession or transfer of large capacity ammunition feeding devices, with exceptions. Defines "large capacity ammunition feeding device" to mean: (1) a detachable magazine or similar device which has, or which can be readily converted to have, a capacity of more than seven rounds of ammunition; and (2) any part or combination of parts designed or intended to convert a detachable magazine or similar device. Excludes from such definition any attached tubular device designed to accept and capable of operating with, only .22 rimfire caliber ammunition. Sets penalties for the possession or transfer of large capacity ammunition feeding devices in violation of this subtitle. Directs the Secretary to promulgate regulations requiring manufacturers of large capacity ammunition feeding devices to stamp each such device manufactured after the date of the enactment of this Act with a permanent distinguishing mark selected in accordance with such regulations. Subtitle D: Possession of Stolen Firearms, Etc. - Prohibits the possession of: (1) stolen firearms or ammunition; and (2) explosives by felons and specified other individuals. Title XXI: Sports Lotteries - Professional and Amateur Sports Protection Act - Amends the Federal judicial code to prohibit a government entity from sponsoring, operating, advertising, promoting, licensing, or authorizing by law, or a person from sponsoring, operating, advertising, or promoting, pursuant to the law of a governmental entity, a lottery, sweepstakes, or other gambling scheme based on competitive games in which amateur or professional athletes participate, with exceptions. Authorizes the Attorney General, or a professional or amateur sports organization whose competitive game is alleged to be the basis of the violation, to enjoin a violation of this title. Title XXII: Technical Corrections - Makes technical corrections to the Omnibus Act, CSA, Federal criminal code, and other statutes. Requires the Director of the National Institute of Corrections to give priority, in making correction options grants, to public agencies (currently, States) that demonstrate that the capacity of their correctional facilities is inadequate to accommodate the number of individuals who are convicted of offenses punishable by a term of imprisonment exceeding one year. Modifies the definition of "firefighter" to include an officially recognized or designated public employee member of a rescue squad or ambulance crew (currently, who was responding to a fire, rescue, or police emergency). Title XXIII: Death Penalty Procedures - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for specified Federal crimes, including: (1) delivering defense information to aid a foreign government; (2) treason; (3) specified CSA offenses committed as part of a continuing criminal enterprise; (4) felony violations of the CSA, the Controlled Substances Import and Export Act, or the Maritime Drug Law Enforcement Act where the defendant knowingly or intentionally causes the death of another individual in the course of the violation or from the use of the controlled substance involved in the violation; (5) certain offenses relating to drive-by shooting; (6) specified offenses under the Federal Aviation Act of 1958; and (7) any other offense for which a death sentence is provided by law and in which the defendant, as determined beyond a reasonable doubt at a sentencing proceeding under this title, intentionally or knowingly caused the death of another individual. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) espionage, treason, homicide, and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Specifies that if any reviewing court determines that an aggravating factor was not supported by the evidence or is not a proper aggravating factor, the sentence shall be affirmed if the court finds that a remaining aggravating factor found to exist is one allowed under this title and that the remaining aggravating factors substantially outweigh any mitigating factors. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which a person subject to the criminal jurisdiction of an Indian tribal government may be executed under this Act. Prohibits a sentence of death from being carried out upon: (1) a woman while she is pregnant; (2) a person who is mentally retarded; (3) a person who, as a result of mental disability, cannot understand the nature of the proceedings, what such person was tried for, or the reason for or nature of the punishment; or (4) a person who lacks the capacity to recognize or understand facts which would make the punishment unjust or unlawful or the ability to convey such information to counsel or to the court. Provides for appointment of counsel in Federal cases for a defendant or applicant (defendant) charged with a crime with respect to which a sentence of death may be sought or on whom a sentence of death has been imposed, for an offense against the United States, and for any defendant seeking to vacate or set aside a death sentence in a State or Federal habeas corpus proceeding, where the defendant is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services. Entitles such defendant to such other services. Sets forth additional provisions with respect to: (1) representation before and after review of judgment; (2) standards for competence of counsel; (3) ancillary services; (4) rates of compensation; and (5) claims of ineffectiveness of counsel. Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgements imposing a sentence of death; and (2) stays of execution. Amends the Federal Rules of Criminal Procedure to require the court, in death penalty cases, to permit the defendant or his attorney and the attorney for the Government to conduct direct, oral examination of any of the prospective jurors. Title XXIV: Death Penalty - Federal Death Penalty Act of 1991 - Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in serious bodily injury or comes dangerously close to causing the President's death); (5) murder for hire; (6) murder in the aid of a racketeering activity; (7) international terrorism (where a death is the result of first-degree murder or conduct that constitutes a reckless disregard of human life); (8) genocide; (9) murder of Federal law enforcement officials; (10) murder of specified persons aiding such officials; (11) torture; (12) using, or attempting or conspiring to use, a weapon of mass destruction, if death results; (13) first-degree murders involving the use of a firearm or other dangerous weapon in a Federal facility; (14) civil rights murders; (15) intentionally killing a Federal witness in the Witness Protection Program; and (16) drive-by-shootings that result in death. Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Sets forth penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Establishes penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Sets forth provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels.

To amend the Higher Education Act of 1965 to revise the operation of the National Student Loan Data System.

United States · United States Congress · 23 September 1991

Amends the Higher Education Act of 1965 (HEA) with respect to the National Student Loan Data System (NSLDS), and other information on student assistance programs. Directs the Secretary of Education (the Secretary) by July 1, 1993, to: (1) revise NSLDS codes identifying institutions and students to make them consistent with those in each Department of Education database containing information on participation in Federal student assistance programs; and (2) modify NSLDS design or operation to ensure that data on any institution is readily accessible and can be used in a form compatible with the Integrated Postsecondary Education Data System (IPEDS). Directs the Secretary to integrate the NSLDS with the Pell Grant applicant and recipient databases as of January 1, 1994, and any other databases containing information on participation in Federal student assistance programs. Revises student assistance program participation agreement provisions to require the institution of higher education to: (1) complete surveys conducted as part of IPEDS or any other designated Federal postsecondary institution data collection effort; and (2) collect, and report annually to the Secretary, information on students participating in supplemental opportunity educational grants and work-study programs consistent with data collected by the Secretary on Pell grant applicants and recipients. Provides that nothing in such Act shall preclude the Secretary from verifying all applications for aid through the use of any means available, including through the exchange of information with any other Federal agency.

United States-Hong Kong Policy Act of 1992

United States · United States Congress · 20 September 1991

United States-Hong Kong Policy Act of 1991 - Title I: United States Policy - Expresses the sense of the Congress that the following should be U.S. policy with respect to the U.S. relationship with Hong Kong: (1) the United States should seek to establish direct bilateral ties with Hong Kong in economic, shipping, communications, tourism, cultural, sport, and other matters to the extent that Hong Kong is allowed to exercise autonomy in these fields under the 1984 Joint Declaration of the Governments of Great Britain and Northern Ireland and China on the question of Hong Kong; (2) the United States should seek to maintain after July 1, 1997, with the authorization of the Chinese Government, the U.S. Consulate-General in Hong Kong and other U.S. official and semi-official organizations; (3) the United States should invite Hong Kong to maintain, after such date, its official and semi-official missions in the United States and to open other missions in those fields in which it is permitted to exercise autonomy under the Joint Declaration; (4) the United States should seek to reach agreements with the Hong Kong Special Administrative Region (Administrative Region) in such fields, particularly with respect to reduction or abolishment of visa restrictions hindering U.S. nationals seeking to work in Hong Kong and covering Hong Kong residents seeking to work in the United States; (5) the United States should recognize passports and travel documents issued by the Administrative Region; and (6) the Chinese Government's exercise of sovereignty over Hong Kong should not affect treatment of Hong Kong residents who apply for visas to visit the United States. Expresses the sense of the Congress that the following should be U.S. policy with respect to participation by Hong Kong in multilateral organizations: (1) the United States should support Hong Kong's participation in multilateral organizations open to non-states which are concerned with those matters in which Hong Kong is permitted to exercise autonomy under the Joint Declaration; (2) the United States should continue to fulfill its obligations to Hong Kong under international agreements, so long as Hong Kong reciprocates; (3) the United States should support Hong Kong's application to join all multilateral international conferences, agreements, and organizations; and (4) the United States should support Hong Kong's continued participation after July 1, 1997, under the name Hong Kong, China, in all such conferences, agreements, and organizations. Expresses the sense of the Congress that the following should be U.S. policy with respect to commerce between the United States and Hong Kong: (1) the United States should seek to maintain and expand economic and trade relations with Hong Kong and should continue to treat Hong Kong as a separate territory in economic and trade matters (even after July 1, 1997); (2) the United States should continue to negotiate directly with Hong Kong to conclude bilateral economic agreements (even after July 1, 1997); (3) the United States should continue to consider Hong Kong for most-favored-nation trade status and to recognize certificates of origin for manufactured goods issued by the Administrative Region; (4) the United States should continue to allow the U.S. dollar to be freely exchanged with the Hong Kong dollar and U.S. businesses should continue to operate in Hong Kong; (5) the United States should continue to support Hong Kong's access to sensitive technologies; (6) the United States should encourage Hong Kong to continue to develop a framework which provides protection for intellectual property rights; and (7) the United States should negotiate a bilateral investment treaty with Hong Kong. Expresses the sense of the Congress that the following should be U.S. policy with respect to transportation from Hong Kong: (1) the United States should continue to recognize ships and airplanes registered in Hong Kong and negotiate air service agreements directly with Hong Kong; (2) the United States should continue to recognize ships registered by Hong Kong after July 1, 1997, and U.S. commercial ships should remain free to port in Hong Kong; (3) the United States should recognize licenses issued by the Administrative Region to Hong Kong airlines; (4) the United States should recognize permits issued by the Administrative Region to U.S. airlines for specified services; (5) the United States should negotiate with the Administrative Region to renew or amend all air service agreements existing on June 30, 1997, and to conclude new air service agreements affecting all flights to, from, or through China; and (6) the United States should negotiate with the Administrative Region about arrangements to implement international aviation agreements. Expresses the sense of the Congress that the following should be U.S. policy with respect to cultural and educational exchanges with Hong Kong: (1) the United States should seek to maintain and expand U.S.-Hong Kong relations and exchanges in culture, education, science, and academic research; (2) the Administrative Region should be accorded individual status as a full partner in the Fulbright Program; and (3) the Congressional Research Service of the Library of Congress should seek to expand educational and informational ties with the Legislative Council of Hong Kong. Title II: The Status of Hong Kong in United States Law - Continues to treat Hong Kong as a separate territory under U.S. law after July 1, 1997. Approves the continuation in force of all treaties entered into by the United States and Hong Kong before such date. Title III: Reporting Provisions - Directs the Secretary to submit to the Speaker of the House and the chairman of the Senate Foreign Relations Committee: (1) a report on the degree to which the Joint Declaration is being implemented; and (2) a separate subreport (with respect to country reports) on Hong Kong.

Early Childhood Staff Training and Professional Enhancement Grants Act

United States · United States Congress · 20 September 1991

Early Childhood Staff Training and Professional Enhancement Grants Act - Amends title V (Educator Recruitment, Retention, and Development) of the Higher Education Act of 1965 to add a new part F, Early Childhood Teacher Training and Professional Enhancement. Authorizes the Secretary of Education (the Secretary) to award grants to States, on a competitive basis and for a period of five years, to pay the costs of activities described in State plans for professional preparation and continued in-service career training for early childhood development and care staff. Provides that such training is to: (1) ensure the existence of sufficient numbers of well-trained early childhood development and care staff to promote the national education goal that all children start school ready to learn; (2) be for such staff who work with children from birth through preschool, with an emphasis on infants and toddlers and children with special needs; and (3) create and implement effective, coordinated models of training corresponding with a career ladder based on a progression of staff roles. Requires State designation of an appropriate lead agency to administer the program and coordinate it with other appropriate programs. Requires State establishment of an Advisory Committee to develop the State plan. Requires such Committee to consist of representatives from specified entities. Requires each State desiring a grant under this Act to submit, through its lead agency, a State plan to the Secretary. Sets forth required contents of such plans. Directs the Secretary to consult with the Secretary of Health and Human Services (HHS) regarding the contents of such plans. Directs the Secretary to provide for continuing evaluation of activities assisted under this Act. Requires each State receiving a grant under this Act to: (1) evaluate such assisted activities; (2) submit an interim evaluation and a final report to the Secretary; and (3) prepare and submit any other information requested by the Secretary to carry out the Secretary's evaluation. Directs the Secretary, in consultation with the Secretary of HHS, to submit a report assessing such State and national evaluations to the appropriate congressional committees, each State agency administering funds under the Child Care Development Block Grant Act, and each State educational agency. Authorizes appropriations for FY 1993 through 1997.

Christopher Columbus Quincentenary Commemorative Coin and Scholarship Endowment Act of 1991

United States · United States Congress · 19 September 1991

Christopher Columbus Quincentenary Commemorative Coin and Scholarship Endowment Act of 1991 - Directs the Secretary of the Treasury to mint and issue not more than a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the quincentenary of Columbus' encounter with the New World. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of such coins after a certain deadline. Establishes the Christopher Columbus Quincentenary Scholarship Foundation as an independent entity within the executive branch to promote educational activities for secondary students using funds deposited in the Christopher Columbus Quincentenary Scholarship Endowment Fund (the Fund). Requires the Board of Directors of the Foundation to appoint an Executive Secretary who shall be subject to its supervision. Outlines the Fund's operating parameters. Sets forth scholarship criteria for eligible students to be known as "Columbus Scholars." Mandates that the Foundation submit an annual status report to the Congress and the Secretary of Education. Sets forth guidelines for possible termination of the Fund and the Foundation.

A joint resolution to designate the week of October 13 through October 19, 1991 as "National Mentoring Week".

United States · United States Congress · 19 September 1991

Designates the week of October 13 through 19, 1991, as National Mentoring Week.

To designate the week beginning October 13, 1991, as "National Mentoring Week".

United States · United States Congress · 19 September 1991

Designates the week beginning October 13, 1991, as National Mentoring Week.

Music Therapy for Older Americans Act

United States · United States Congress · 18 September 1991

Music Therapy for Older Americans Act - Amends the Older Americans Act of 1965 to add music therapy to: (1) the lists of services for frail older individuals in their homes and services for older individuals, particularly those with the greatest economic and social need, designed to satisfy their special needs and improve their quality of life; (2) a list of supportive services for older individuals; and (3) the list of schools within colleges and universities in which training programs in the field of aging can be developed. Adds music, art, and dance therapy to the list of services under the definition of "preventive health services" and to the list of demonstration projects which will improve or expand supportive services or otherwise promote the well-being of older individuals. Requires the Commissioner of the Administration on Aging, in making contracts or entering into grants for such projects, to give special consideration to education, training, and information dissemination projects that assist older individuals through music therapy.

To amend the Higher Education Act of 1965 to establish programs for minority foreign service professional development.

United States · United States Congress · 17 September 1991

Amends the title VI (International Education Programs) of the Higher Education Act of 1965 to add a new part D, Minority Foreign Service Professional Development. Authorizes the establishment of a programs significantly increase the numbers of African Americans and other minorities in the foreign service of the United States. Requires such academic and professional program to be established in the Institute for International Public Policy at Howard University (Washington, D.C.) (the Institute), created by this Act, and to be in consortium with other specified institutions of higher education. Allows any institution of higher education that wishes to participate in any or all aspects of such program to enter into a Memorandum of Understanding with Howard University. Sets forth the components of the academic program of the Institute, including a junior year abroad, academic year and summer internships, a master degree to serve two years in the U.S. foreign service for each year of the fellowship. Requires appointment of a Board of Visitors for the Institute. Sets forth matching requirements and provisions for gifts and donations. Requires Howard University and institutions of higher education in consortium with it to delegate to a nonprofit institution in the District of Columbia the administration of the Foreign Service Examination preparative and the International Careers Program, which may include the Junior Year Abroad and the Academic Year and Summer Internship programs. Authorizes appropriations.

Nontraditional Students Assistance Act of 1991

United States · United States Congress · 17 September 1991

Nontraditional Students Assistance Act of 1991 - Amends the Higher Education Act of 1965 with respect to student assistance to expand the definition of independent student to include any individual: (1) who was admitted to the United States as a refugee; (2) who was granted asylum in the United States; or (3) whose deportation has been withheld (under specified provisions of the Immigration and Nationality Act). Makes eligible for independent status also any student with a history of self-sufficiency or a history of having been a victim of child abuse or spouse abuse (as well as other unusual circumstances), as determined and documented by a financial aid administrator. Applies such revised independent student definition to the Pell Grant program as well as to other student assistance generally. Makes less-than-half-time students eligible, under specified conditions, under the guaranteed student loan (Stafford) program and under the Pell Grant program. Applies provisions for repayment grace periods and deferrals to less-than-half-time students under the guaranteed student loan (Stafford) and the direct student loan (Perkins) programs.

College Opportunity Act of 1991

United States · United States Congress · 17 September 1991

College Opportunity Act of 1991 - Title I: Paul Douglas Teacher Scholarships - Amends the Higher Education Act of 1965 to extend the authorization of appropriations for the Paul Douglas Teacher Scholarships program. Extends the period of such scholarship program and increases the total maximum number of individuals who may receive scholarships under it. Establishes a minority teaching incentive award of an additional $1,000 for each year of such a scholarship, which the state agency must agree to pay to any minority recipient who agrees to perform the required teaching under such scholarship program in an elementary or secondary school of a local educational agency with a significant number of minority students. Requires statewide panels to give priority when selecting new scholarship recipients to applicants who are members of groups underrepresented in the teaching profession, such as minorities and individuals with disabilities. Title II: Christa McAuliffe Fellowships - Extends the authorization of appropriations for the Christa McAuliffe Fellowship program for teachers. Title III: New Teacher Programs for the Improvement of the Education of Minorities - Provides for teacher recruitment for the improvement of the education of minorities. Authorizes the Secretary of Education (the Secretary) to make grants to institutions of higher education with schools or departments of education to pay the Federal share of program to: (1) recruit, prepare, and train students to become elementary and secondary school teachers; and (2) place students as teachers in urban and rural local educational agencies having 50 percent minority student enrollment in their elementary and secondary schools. Requires special consideration to be given to historically black colleges and universities in making such grants. Sets forth requirements for grant uses, applications, and Federal share. Authorizes the Secretary to make grants to partnerships composed of institutions of higher education and local educational agencies for programs to identify and encourage minority students in the seventh through twelfth grades to aspire to and prepare for careers in elementary and secondary school teaching. Authorizes grants to consortia of institutions of higher education with special expertise which have entered a partnership agreement. Sets forth grant selection criteria, partnership agreement requirements, authorized uses of funds, and application requirements. Authorizes appropriations.

Gulf of Mexico Preservation Act of 1991

United States · United States Congress · 16 September 1991

Gulf of Mexico Preservation Act of 1991 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a Gulf of Mexico Program. Establishes within EPA a Gulf of Mexico program office (Office), to be headed by a Director appointed by the Administrator. Sets forth the duties of the Director, including collecting and making available information concerning the environmental quality of the Gulf and assisting the Administrator: (1) in coordinating Office activities with coastal and marine resources-related activities of any Federal, State, or local departments, institution of higher education, or private industry with a significant interest in coastal and marine resources; (2) by developing a comprehensive conservation and management plan (Plan) for the Gulf; and (3) in awarding grants. Lists duties of the Administrator, including overseeing the activities of the Director, conducting periodic reviews and evaluations of Program activities, and overseeing the development and implementation of cooperative programs with Federal, State, and local departments. Requires the Director to: (1) conduct a research project to determine the changes in the quality of the environment of living resources of the Gulf resulting from human activity and the changes attributable to other causes; and (2) give special attention, in carrying out such project, to changes in wildlife, shellfish, and key fish populations and assess any interrelated changes to the quality of the living resources of the Gulf. Specifies that such project shall include: (1) an assessment of the impact on the environment of such living resources of pollutants, nutrient loading, acid precipitation and deposition, the dumping of medical and plastic wastes, coastal beach erosion, and habitat degradation; (2) the use of measurements of dissolved oxygen as a determinant of water quality; (3) an assessment of the type and degree of bacterial infection in key fish species of the Gulf; and (4) an assessment of oil spill response activites in the Gulf. Directs the Administrator to conduct a study of regional environmental problems in the Gulf that are not confined to the jurisdiction of any Federal, State, or foreign entity. Authorizes the Administrator, upon completion of such study, to suggest entering into a cooperative agreement with, or participating in, a joint commission with the Mexican Government and any other appropriate foreign country to address such problems. Bars any such agreement from entering into force or such commission from convening prior to the date of issuance of the Plan. Requires the Administrator to develop and implement the Plan, which shall: (1) outline specific activities to be conducted under the Program by the Administrator; (2) provide for cooperative activities under the Program with Federal, State, and local agencies and with institutions of higher education and private industries with a significant interest in coastal and marine resources; and (3) set forth recommendations for actions by States to abate pollution in the Gulf or to otherwise improve environmental quality with respect to the living resources of the Gulf. Directs the Administrator to establish a program to award grants to assist States in implementing such recommendations. Authorizes appropriations. Earmarks 70 percent of appropriated funds for the grant program. Specifies that, in any budget proposal submitted by the Administrator for inclusion in the President's annual budget submitted to the Congress, the Administrator shall request that funding of the office be included as a separate line item.

Neighborhood Schools Improvement Act

United States · United States Congress · 12 September 1991

Better Education for All Students Act - Amends the Elementary and Secondary Education Act of 1965 to add a new title VIII, Better Education for all Students, to improve education for all students in the Nation through grants to States to restructure education systems at State and local levels. Authorizes the Secretary of Education (the Secretary) to make such grants to State educational agencies (SEAs) to enable States to reform and improve the quality of education. Requires SEAs to use such grants to: (1) develop an educational reform plan, including goals and innovations in curricular frameworks, materials, and assessment tools; and (2) implement reforms and a plan to improve the education system within the State. Sets forth application requirements. Requires SEA grant applications to cover a five-year period, and to contain specified assurances, descriptions, and other provisions. Directs the Secretary to: (1) approve applications and amendments that meet such requirements and that are of sufficient quality to meet specified objectives; and (2) give notice, technical assistance, and opportunity for a hearing before any final disapproval. Requires each State program assisted under this Act to establish a panel coordinated by the chief State school officer to develop a statewide reform plan. Sets forth requirements for various officials and entities to be represented on such panel. Sets forth requirements for State plan contents and plan development and approval procedures. Requires States with approved plans to use funds (allotted by the Secretary under this Act, and State and private funds contributed to make up the total cost of a State program) to: (1) develop and implement State goals, curricular frameworks, and assessment tools; (2) technical assistance (including information dissemination) to local educational agencies (LEAs) to carry out local plans; (3) specified authorized activities for LEAs, as appropriate; and (4) evaluation, reporting, and data collection. Requires the SEA, from the allotted program funds and within four years, to make subgrants to LEAs, provided that: (1) such SEA has a formal process for doing so; (2) one LEA in each congressional district shall receive a subgrant; and (3) the LEA with the greatest number of disadvantaged children in the State shall receive a subgrant. Requires that funds available under this Act be used to carry out the plan in a manner which ensures that all children, and especially those identified through the assessment process as not achieving satisfactorily, are afforded ample opportunity to reach local, State, and national goals. Sets forth requirements for content, development, and approval of local plans. Requires local plans to assure: (1) broad-based community participation in plan development; and (2) ongoing evaluation of plan effectiveness, including annual review and making necessary changes. Requires local plans to propose district-wide reform which includes: (1) developing a curriculum to implement the State's frameworks; (2) setting local goals; (3) identifying or developing instructional materials; (4) providing teacher and administrator training; and (5) identifying assessment instruments to measure progress toward meeting State and local goals. Requires LEAs to use such subgrant funds for district-wide reform, consistent with State and local plans. Sets forth a list of authorized activities. Authorizes appropriations to carry out this Act of FY 1992 through 2002, but prohibits any such appropriations for FY 1992 through 1994 unless the aggregate appropriation for all elementary and secondary programs which received funding in the previous fiscal year is at least equal to the appropriation for such preceding fiscal year, adjusted for inflation. Authorizes the Secretary, from such appropriation for this Act, to make annual grants to States with approved applications based upon the formula for State allotments under the chapter 1 program for education of disadvantaged children (under part A of chapter 1 of title I of ESEA). Provides for a gradually declining Federal share (from 100 percent in the first year to 33 percent in the fifth and any succeeding year) of total program costs. Requires the remaining program cost to be paid by the State from a combination of State and private sector funds. Limits the amount which may be reserved for administrative costs. Requires annual progress reports by States to the Secretary, including progress toward State goals and plans and description of proposed activities for the succeeding year. Directs the Secretary to evaluate a representative sample of such State and local reform efforts over the course of the ten-year authorization, to assess their effectiveness in improving educational performance outcomes of all children, including an examination of such activities' effects on disadvantaged students. Authorizes reservation of a portion of funds for such evaluation. Declares that nothing in this Act shall supersede State law.

Perkins Loan Improvement Act of 1991

United States · United States Congress · 12 September 1991

Perkins Loan Improvement Act of 1991 - Amends the Higher Education Act of 1965 to eliminate the 50-percent limitation on the number of schools that may be designated in any State as an institution where teacher service qualifies for the Perkins student loan forgiveness program.

To amend subpart 4 of part A of title IV of the Higher Education Act of 1965 to encourage more efficient and effective administration of the TRIO programs by mandating a 5-year grant cycle; requiring adequate notice of the success or failure of grant applications; encouraging coordination among institutional, State, and Federal programs for disadvantaged students; strengthening early identification efforts; and continuing the authorization of appropriations for the programs.

United States · United States Congress · 12 September 1991

Amends the Higher Education Act of 1965 to require that grants and contracts awarded under provisions for Special Programs for Students from Disadvantaged Backgrounds (TRIO programs) be awarded for a period of five years, subject to continuing appropriations allowing for such awards. Directs the Secretary of Education (the Secretary) to give institutions, agencies, and organizations sponsoring such program projects notice as to the status of their application for funds at least ten months prior to the expiration of existing funding or the proposed start-up-date. Directs the Secretary to encourage coordination of such programs with other programs for disadvantaged students operated by the sponsoring institution or agency, regardless of funding source. Prohibits the Secretary from requiring a separate director for a project funded under the TRIO programs if this would hinder such coordination. Extends through FY 1996 the authorization of appropriations for TRIO programs. Requires that participants in Talent Search program projects either have completed five years (currently six years) of elementary education or be at least 11 years old (currently 12 years old).

To amend the Public Health Service Act to provide that students of occupational therapy are eligible borrowers for purposes of the program established in title VII of such Act for insuring loans for education in the health professions.

United States · United States Congress · 12 September 1991

Amends the Public Health Service Act to make students in occupational therapy eligible for Federal student loan insurance.

Carolynn Reid-Wallace, of the District of Columbia, to be Assistant Secretary for Postsecondary Education, Department of Education, vice Leonard L. Haynes, III, resigned.

United States · United States Senate · 11 September 1991

Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1992, and for other purposes.

United States · United States Congress · 11 September 1991

Title I: Fiscal Year 1992 Appropriations - District of Columbia Appropriations Act, 1992 - Appropriates funds to the District of Columbia for FY 1992 for: (1) the Federal payment to the District of Columbia; (2) the Federal contribution to retirement funds; (3) the Department of Human Services; (4) the Metropolitan Police Department; (5) public school facilities and grounds; (6) the District of Columbia General Hospital; (7) the District of Columbia Institute for Mental Health; (8) the Children's National Medical Center for a cost-shared National Child Protection Center; and (9) the George Washington University Medical Center. Requires that the specified amount contributed to the District of Columbia for the Direct Activity Purchase System (DAPS) to maintain and improve public school facilities and grounds be returned to the Treasury if the amount spent by the District out of its own funds for such purposes in FY 1991 exceeds the amount spent in FY 1992. Appropriates specified sums out of the District of Columbia general fund for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) public education; (5) human support services; (6) public works; (7) the Washington Convention Center Fund; (8) repayments of specified loans and interest; (9) repayment of the general fund deficit; (10) employees' optical and dental benefits; (11) capital outlay; (12) the Water and Sewer Enterprise Fund and water construction projects; (13) the Lottery and Charitable Games Enterprise Fund; and (14) the Cable Television Enterprise Fund. Requires the District of Columbia to operate and maintain a telephone hotline for Lorton-area residents to receive information concerning escapes, fires, and riots at Lorton prison. Directs the Mayor to submit a reorganization plan to the District of Columbia Council on the Department of Finance and Revenue by October 1, 1991. Sets forth certain uses of and restrictions on the expenditure of appropriations made by this Act. Prohibits the use of funds for: (1) activities which permit or encourage partisan political activities; (2) the salary of any District of Columbia government employee whose name, title, grade, salary, or work and salary history are not available for inspection by specified congressional committees and the District of Columbia Council, or whose name and salary are not available for public inspection; (3) publicity or propaganda purposes; (4) abortions, except where the life of the mother would be endangered if the fetus were carried to term; or (5) reprogramming, unless the reprogramming was approved according to specified procedures. Requires that the annual budget for the District of Columbia government for FY 1993 be transmitted to the Congress by April 15, 1992. Requires the Mayor to develop an annual plan for capital outlay borrowings. Prohibits the Mayor from: (1) borrowing funds for capital projects without the prior approval of the District of Columbia Council; or (2) using money borrowed for capital projects for operating expenses of the District of Columbia government. Directs the Mayor to submit to the D.C. Council, within 30 days after the end of the first quarter of FY 1992, the FY 1992 revenue estimates. Amends the District of Columbia Self-Government and Governmental Reorganization Act to extend, for one year, the District's authority to sell its general obligation bonds through negotiated sales. Prohibits the renewal or extension of any sole source contract with the District of Columbia government without opening that contract to the competitive bidding process, subject to exception. Requires any sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to be applied to each account appropriating Federal funds in this Act (rather than to the aggregate total of those accounts) which is not specifically exempted from sequestration by specified Federal law. Provides for repayment to the Federal Treasury of any amounts appropriated and paid to the District of Columbia before a sequestration order is issued, applying the sequestration percentage proportionately to each account not specifically exempted from sequestration. Requires the District of Columbia to pay interest on its quarterly payments to the United States that are made more than 60 days after its receipt of an itemized statement from the Federal Bureau of Prisons of amounts due for housing D.C. convicts in Federal penitentiaries. Excludes up to 75 officers or members of the Metropolitan Police Department who were hired before February 14, 1980, and who retire on disability before the end of 1991, from computation of the disability retirement rate for the purpose of reducing the authorized Federal payment to the District of Columbia Police Officers and Fire Fighters' Retirement Fund. Provides that if any of the 75 light duty positions that become vacant under this provision are filled they must be filled with civilian employees or filled temporarily by officers or members of the Police Department. Authorizes an entity of the District of Columbia government to accept and use a gift or donation during FY 1992 if: (1) the Mayor approves; and (2) the entity uses such gift or donation to carry out its authorized functions or duties. Requires the entity to keep accurate and detailed records of acceptance and use of any gift or donation and to make them available for audit and public inspection. Title II: Fiscal Year 1991 Supplemental District of Columbia Funds - District of Columbia Supplemental Appropriations and Rescissions Act, 1991 - Makes supplemental appropriations (including rescissions) to the District of Columbia for FY 1991 for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) public education; (5) public works; (6) the Washington Convention Center Fund; (7) repayment of specified loans and interest; (8) short-term borrowing; (9) employees' optical and dental benefits; (10) capital outlay; and (11) the Water and Sewer Enterprise Fund and water construction projects. Rescinds specified FY 1991 funds earmarked for human support services. Repeals specified provisions of Federal law relating to: (1) repayment by the District of Columbia of its general fund deficit; and (2) a mandate to the Mayor of the District to reduce appropriations and expenditures for supply, energy, equipment, and personal services. Requires that the annual budget for the District of Columbia government for FY 1992 be transmitted to the Congress by May 17, 1991, instead of April 15, 1991. Authorizes an entity of the District of Columbia government to accept and use a gift or donation during FY 1991 if: (1) the Mayor approves; and (2) the entity uses such gift or donation to carry out its authorized functions or duties. Directs the entity to keep accurate and detailed records of acceptance and use of any gift or donation and to make them available for audit and public inspection. Declares that appropriations made and authority granted under this title shall be deemed available for FY 1991.

Area Health Education Centers Reauthorization Act of 1991

United States · United States Congress · 11 September 1991

Area Health Education Centers Reauthorization Act of 1991 - Amends the Public Health Service Act to specify a term of six years for agreements establishing area health education centers (AHECs). Modifies the purposes of AHECs, including serving high-impact areas and States as well as border areas close to Mexico. Mandates, if available in the area, participation of a school of public health. Authorizes agreements for the planning, development, and operation of State-supported AHECs. Authorizes appropriations.

Tax Relief and Economic Growth Act of 1991

United States · United States Congress · 11 September 1991

Tax Relief and Economic Growth Act of 1991 - Title I: 10 Percent Reduction in Individual Income Tax Rates - Amends the Internal Revenue Code to reduce the income tax rates for all categories (from 15%, 28%, and 31% to 13.5%, 25.2%, and 27.9%, respectively). Title II: Indexing of Amount of Depreciation - Provides a depreciation deduction adjustment for tangible property (other than residential rental property and nonresidential real property) placed in service after 1991. Title III: Indexing of Certain Assets for Purposes of Determining Gain or Loss - Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Title IV: Provisions Related to Retirement Savings - Removes limitations on the deductibility of contributions to individual retirement plans (IRA) by active participants in employer-maintained plans, thereby restoring the IRA deduction. Increases the maximum IRA deduction and provides an inflation adjustment. Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (3) financially devastating medical expenses. Title V: 4 Percent Cap on Increases in All Domestic Spending Through 1995 - Amends the Congressional Budget Act of 1974 to revise spending limits to allow a four-percent growth rate in domestic spending from FY 1992 to 1995. Removes the discretionary authority over such spending limits and eliminates the use of maximum deficit amounts. Extends through 1995 the prohibition on the Senate from considering any appropriations bill or resolution that exceeds such spending limits. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide enforcement authority for provisions of this Act and to make conforming amendments. Amends the Congressional Budget Act of 1974 to repeal authority for a pay-as-you-go reconciliation directive in the form of a concurrent resolution in the House of Representatives. Eliminates the use of the current services baseline in the President's budget, the congressional budget, and the Congressional Budget Office report to congressional committees.

Montana National Forest Management Act of 1992

United States · United States Congress · 10 September 1991

Montana National Forest Management Act of 1991 - Designates certain lands in Montana as components of the National Wilderness Preservation System (System). Directs: (1) the Secretary of Agriculture to file maps and legal descriptions of each wilderness area so designated with specified congressional committees; (2) that such maps and descriptions be on file and available for public inspection in the office of the Chief of the Forest Service; and (3) that each area so designated be administered by the Secretary, subject to valid existing rights. Declares that it is not the intent of the Congress that: (1) such designation will not lead to the creation of protective perimeters or buffer zones around wilderness areas; and (2) the fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not preclude such activities or uses up to the boundary of the wilderness area. Sets forth provisions with respect to: (1) the grazing of livestock; (2) State fish and game authority; (3) hunting; (4) the installation and maintenance of, and access to, hydrological, meteorological, or climatological collection devices and facilities; and (5) water rights. Determines and directs that: (1) decisions to allocate roadless areas to wilderness or nonwilderness categories pursuant to the Land and Resource Management Plans and associated environmental impact statements for the National Forest in the State of Montana (Plans), and the environmental analyses directly related to such allocations, not be subject to judicial review, with exceptions; (2) the Department of Agriculture not be required to review the wilderness option prior to the revision of the Plans, but review such option when such plans are revised (at least every 15 years), unless prior to that time the Secretary finds that conditions in a unit have significantly changed; (3) specified National Forest System (NFS) lands in Montana which were not designated as wilderness, special management, national recreation, or wilderness study areas be managed for multiple use and those areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial Plans; (4) if revised Plans are implemented, areas not recommended for wilderness designation need not be managed for such purpose prior to or during revision of such Plans and areas recommended for wilderness designation be managed for such purpose; and (5) unless expressly authorized by the Congress, the Department not conduct any further statewide roadless area review and evaluation of NFS lands in Montana for purposes of determining their suitability for inclusion in the System. Designates certain special management areas for purposes of conserving, protecting, and enhancing scenic, fish and wildlife, biological, educational, and recreational values. Directs the Secretary to: (1) file maps for such areas with specified congressional committees; and (2) administer areas designated so as to achieve the purposes of their designation as national recreation areas, with exceptions. Withdraws all federally-owned lands within the areas so designated from all forms of entry, appropriation, and disposal under the mining and public land laws, and disposition under the geothermal and mineral leasing laws, subject to valid existing rights. Permits the removal of minerals from such lands if the Secretary finds that such disposition would not have adverse effects on the administration of such areas. Authorizes: (1) the Secretary to permit management activities compatible with the purposes of which the areas were designated and measures deemed necessary in the event of fire, or infestation of insects or disease; and (2) the use of motorized equipment and the grazing of livestock, subject to specified limitations. Directs: (1) the Secretary to manage the Mount Helena and Hyalite National Education and Recreation Areas with a focus on education; (2) that all management activities be conducted in a way that provides the public with an opportunity to become better informed about natural resource protection and management; (3) that designated special management areas be administered as components of the national forests wherein they are located; and (4) that specified land and resource management plans for the affected national forests emphasize achieving the purposes for which the areas are designated. Designates the Elkhorns National Recreation and Wildlife Area, to be managed as a national recreation area that emphasizes big game habitat. Designates specified lands in the Custer National Forest and the Gallatin National Forest, and the Lolo National Forest as wilderness study areas. Requires the Thompson-Seton Wilderness study area to be managed to protect its suitability for inclusion in the National Wilderness Preservation System until the Congress determines otherwise. Withdraws federally-owned lands in the Badger-Two Medicine Area from all forms of entry, appropriation, and disposal under the mining and public land laws and from disposition under the geothermal and mineral leasing laws, subject to valid existing rights. Directs the Secretary to manage such Area so as to protect its currently existing wilderness qualities. Specifies that: (1) nothing in this Act precludes the gathering of timber by the Blackfeet Tribe in exercise of valid treaty rights within such Area; and (2) with respect to oil and gas leases on Federal lands within such Area, no disturbance shall be permitted pursuant to such leases until the Congress determines otherwise, and the term of any such lease subject to the limitations imposed by this Act shall be extended for a period of time equal to the term that such limitation remains in effect. Directs the Secretary to: (1) conduct a review of such Area; (2) establish a committee composed of representatives of the Blackfeet Tribal Business Council, the Pikuni Traditionalist Association, the National Park Service, and representatives of the user public (including environmental and user industry groups) to regularly advise the Secretary on the development of the report and submit its findings to the Congress; (3) give special consideration to the religious, wilderness, and wildlife uses of the Area, including any treaties with the Blackfeet Nation; and (4) establish a process to provide information to the Tribe and interested public about options for future designation of such Area. Directs the Secretary to: (1) exchange specified lands with Plum Creek Timber, L.P. (the company); and (2) acquire certain lands and interests in land of the company in and adjacent to the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness Area, and other land in the Gallatin National Forest. Sets forth provisions with respect to: (1) easements; (2) maps; (3) the timing of the transactions; and (4) incorporation of lands conveyed to the United States into the national forests. Authorizes appropriations. Authorizes the Secretary to acquire, by exchange, certain mineral interests owned by the company or an affiliate. Specifies that mineral interests conveyed by the United States pursuant to this Act shall underlie lands the surface of which are owned by the company (but if there are insufficient federally-owned mineral interests of approximately equal value underlying company lands, the Secretary and the Bureau of Land Management (BLM) may identify for exchange any other federally-owned mineral interest in land in Montana of which the surface estate is in private ownership). Provides that the execution and performance of an exchange agreement and the taking of other actions pursuant to this Act shall not be deemed a major Federal action significantly affecting the quality of the environment within the meaning of the National Environmental Policy Act of 1969, nor shall they require the preparation of an environmental assessment under this Act. Directs that the Bitter Creek Wilderness Study Area and approximately 2,500 acres of the Axolotl Lakes Wilderness Study Area no longer be subject to the requirement of the Federal Land Policy and Management Act of 1976 pertaining to management in a manner that does not impair suitability for preservation as wilderness. Redesignates the Rattlesnake National Recreation Area and Wilderness as the Rattlesnake National Education and Recreation Area and Wilderness. Expresses the congressional policy that the U.S. Forest Service acquire and maintain reasonable public access to NFS lands in Montana. Authorizes appropriations.

Medicaid Substance Abuse Treatment Act of 1991

United States · United States Congress · 2 August 1991

Medicaid Substance Abuse Treatment Act of 1991 - Amends title XIX (Medicaid) of the Social Security Act to provide federally reimbursed Medicaid coverage of alcoholism and drug dependency residential treatment services for pregnant women whose family income is below 185 percent of the Federal poverty level and for their Medicaid-eligible children and spouses. Lists the required services included in such coverage as: (1) individual, group, and family counseling and addiction education and treatment provided pursuant to individualized treatment plans; (2) room and board in a structured environment with on-site supervision 24 hours a day; (3) therapeutic child care or counseling for children of individuals in treatment; (4) parental assistance in obtaining developmental assistance for their preschool children and public education for themselves and their school-age children; (5) easier access to prenatal, postpartum, pediatric, and other appropriate health, social, and child care services; (6) planning and assistance in reentering society; and (7) continuing specialized training of residential treatment facility staff members in the most recent and effective treatment techniques. Requires that such coverage continue for at least 12 months, except that the coverage of pregnant women must continue for one year following the end of pregnancy. Limits the size of a residential treatment facility to no more than 40 beds beginning in calendar year 1994. Allows a State agency to grant exceptions to such limit for one or more facilities subject to review by the Secretary of Health and Human Services. Prescribes the conditions for granting such exceptions. Caps the number of nationwide beds for which Federal assistance may be provided under such residential treatment programs. Increases such annual bed cap from 1,080 to 6,000 beds nationwide for calendar years 1992 through 1996. Addresses treatment needs of pregnant addicted Indian and Alaska Native women in the Indian Health Service areas by: (1) allocating additional beds nationwide for such areas; (2) providing 100 percent Federal matching funds to States to create residential treatment programs in such areas; and (3) requiring the Secretary to conduct training in such areas for appropriate parties regarding the availability and nature of residential treatment services in such areas under this Act.

Income-Dependent Education Assistance Act of 1991

United States · United States Congress · 2 August 1991

Income-Dependent Education Assistance Act of 1991 - Establishes the income-dependent education assistance (IDEA) program of supplemental direct higher education student loans in which a borrower's annual repayment obligation is dependent upon both postschool income level and borrowing history. Title I: System for Making Income-Dependent Education Assistance Loans - Directs the Secretary of the Treasury to: (1) make IDEA loans to eligible students in accordance with this title; and (2) establish an account for each IDEA loan borrower and collect repayments on such loans using the income tax collection system under specified Internal Revenue Code provisions added by title II of this Act. Sets forth provisions for the terms and enforcement of IDEA program agreements between the Secretary of Education and eligible institutions. Sets forth provisions for the amounts and terms of IDEA loans. Sets annual limits on the amounts of such loans to various categories of students. Sets a limitation on individual borrowing capacity, with adjustments for inflation and with consideration of any outstanding student loan obligations. Limits the duration of individual eligibility for such loans. Sets forth requirements for: (1) agreements to the terms of such loans; and (2) disbursement of the proceeds of such loans. Sets forth the responsibilities of eligible institutions and of the Secretary of the Treasury for certain information requirements relating to the IDEA loan program. Sets forth provisions for interest charges on such loans. Requires such charges to be added to the recipient's obligation account at the end of each calendar year. Bases such charges on an interest rate equal to the lesser of: (1) ten percent; or (2) the sum of the average bond equivalent rates of 91-day Treasury bills auctioned for the previous year, plus two percentage points, rounded to the next higher one-eighth of one percent. Provides for conversion and consolidation of certain other types of student loans as IDEA loans. Authorizes the Secretary of the Treasury, upon request of borrowers who have received federally insured or guaranteed loans under specified provisions of the Higher Education Act of 1965 (HEA) (Stafford loans) or of the Public Health Service Act (PHSA) (HEAL loans), to make new IDEA loans to such borrowers which are equal to the sum of the unpaid principal of those other loans and which discharge the liability on those other loans. Provides for mandatory conversion of certain defaulted student loans to IDEA loans. Requires IDEA collection treatment of any loan made, insured, or guaranteed under specified provisions of HEA or PHSA after enactment of this Act which is assigned after default for collection by the Secretary of Education or the Secretary of Health and Human Services. Directs such Secretaries to notify: (1) the Secretary of the Treasury of the need to establish or adjust an IDEA account for such loan's borrower; and (2) the borrower of the conversion of the defaulted loan to an IDEA loan and the procedures for collection under the income tax system. Terminates the authority to make additional loans under the HEA programs of supplemental loans for students (SLS) and direct loans to students in institutions of higher education, for any academic year beginning after the date regulations are prescribed by the Secretaries of Education and the Treasury to carry out this title. Directs the Secretary of Education to study and report to the Congress on the effects of the IDEA program on participating institutions' tuition rates and accrediting and licensure standards. Authorizes appropriations to: (1) make distributions of IDEA loan funds to eligible institutions; and (2) administer and carry out this title. Bases student eligibility for IDEA loans on their eligibility for student assistance under specified HEA provisions and their carrying at least one-half the normal full-time academic workload. Title II: Collection of Income-Dependent Education Assistance Loans - Amends the Internal Code to add provisions for the collection of IDEA loans. Directs the Secretary of the Treasury to notify each IDEA loan borrower of their yearly repayment obligation. Sets forth formulas for computation of the annual IDEA loan repayment amount. Makes such amount equal to the lesser of: (1) 20 percent of the excess of the modified adjusted income of the taxpayer for such taxable year over the standard deduction and exemption (twice for joint returns); or (2) the product of a base amortization amount and a progressivity factor based on the taxpayer's modified adjusted gross income. Defines "base amortization amount" as the amount which, if paid at the close of each year for 12 consecutive years, would fully repay (with an eight-percent annual interest rate) the maximum account balance of the borrower. Sets forth progressivity factor tables for various types of taxpayers. Provides that, in general, the repayment obligation of an IDEA loan borrower shall terminate only if there is repaid: (1) in the case of any repayment during the first 12 years for which the borrower is in repayment status, the principal plus interest at an annual rate equal to the otherwise applicable rate plus two and one-half percent; and (2) in the case of any repayment during any subsequent year (or in the case of loans under $3,000 repaid during the first 12 years), the principal plus interest at applicable rates. Requires no repayment after 25 years in repayment status. Sets forth provisions for the determination of years in repayment status. Sets forth the requirements for payment of the amount owing. Directs the Secretary of the Treasury to assess and collect any unpaid amount in the same manner as for any delay in the payment of income tax. Provides for discharge, by the Secretary of Education, of the IDEA loan liability of any borrower who dies or becomes permanently and totally disabled. Provides for crediting of amounts paid on a joint return. Sets forth formulas for computation of an alternative annual payment for individuals who have attained age 55. Provides for inflation adjustment in the computation of the progressivity factor. Provides that, in general, an IDEA loan shall not be dischargeable in a case of bankruptcy, but authorizes the Secretary of the Treasury to postpone certain portions of the loan liability in such cases. Makes specified provisions relating to finality of assessment and collection applicable to such loans. Includes the amount required to be repaid for IDEA loan under amounts listed under requirements relating to failure by an individual to pay estimated income tax. Requires individuals who are obligated to make IDEA loan repayments to file income tax returns for the applicable years.

United States-Mexico Environmental Technology Transfer and Partnership Act

United States · United States Congress · 2 August 1991

United States-Mexico Environmental Technology Transfer and Partnership Act - Directs the Secretary of Energy to encourage national laboratories to enter into partnerships with the Mexican Government and Mexican industry for purposes of sharing information and transferring technology to Mexico to provide for: (1) waste minimization; (2) education in environmental technology practices; and (3) environmental technology needed to meet air, water, and soil quality standards. Requires the Secretary to encourage: (1) Mexican educational institutions to enter into partnerships with such laboratories to involve academic researchers in environmentally sound manufacturing; (2) national laboratories to enter into partnerships with Mexican industry that take advantage of expertise in environmentally sound manufacturing developed at such laboratories; and (3) the exchange of scientists and engineers among such laboratories and Mexican educational institutions and industry to facilitate the transfer of ideas and technology. Authorizes appropriations.

Federal Prison Industries Competition in Contracting Act

United States · United States Congress · 2 August 1991

Federal Prison Industries Competition in Contracting Act - Amends the Federal criminal code to require that: (1) a decision by Federal Prison Industries (FPI) to produce a new prison-made product or to expand the production of an existing product be made by the Board of Directors of FPI (the Board) in conformance with the public notice and comment requirements of the Administrative Procedure Act; and (2) the corporation prepare and furnish to the Board a detailed analysis of the probable impact on industry and free labor of any proposal to authorize the production and sale of a new prison-made product or to expand production of a currently authorized product (such proposal). Requires such analysis to identify and consider factors including: (1) the number of vendors that currently meet Federal requirements for the specific product; (2) the proportion of the Federal market for the product currently furnished by small and disadvantaged businesses and businesses in labor surplus areas during the previous three fiscal years; (3) the share of the Federal market for the product projected for FPI for the fiscal year in which production will commence (or expand) and the subsequent three fiscal years; (4) whether the industry producing the product in the private sector has an unemployment rate higher than the national average, a rate of employment for production workers that has consistently shown an increase during the previous five years, or has an import to domestic production ratio of 25 percent or greater; (5) whether the specific product is an import-sensitive product; (6) the projected growth in the Government for the specific product and the capability of such demand to sustain both FPI and private vendors; and (7) whether authorizing the production of the new product will provide inmates with the maximum opportunity to acquire knowledge and skill in trades and occupations that will provide them with a means of earning a livelihood upon release. Bars the Board from approving such proposal if the product is: (1) produced in the private sector by an industry which has reflected during the previous year an unemployment rate above the national average; or (2) an import-sensitive product. Directs the Board to: (1) give additional notice of such proposal in a publication designed to most effectively provide notice to private vendors and labor unions representing private sector workers who could reasonably be expected to be affected by approval of such proposal; (2) solicit comments on the analysis required under this Act from trade associations representing private sector workers who could reasonably be expected to be affected by its approval; and (3) afford an opportunity, upon request, for a representative of private industry to present comments on such proposal directly to the Board. Requires the corporation to provide the Board with its recommendations regarding action on the proposal, taking into consideration the comments received. Requires: (1) the various Federal departments and agencies (agencies) to offer to purchase from FPI any product authorized to be offered for sale and listed in the UNICOR Schedule of Products (whenever it has a requirement for an FPI product); and (2) FPI to publish and periodically revise such Schedule. Sets forth provisions with respect to the solicitation of offers from FPI and contract awards to FPI on either a competitive or sole source basis. Prohibits the cancellation or withdrawal of a solicitation solely for the purpose of affording an agency buying activity the opportunity to enter into noncompetitive negotiation with FPI unless the Attorney General determines that FPI cannot reasonably expect to receive the contract award on a competitive basis and that such award is necessary to: (1) maintain work opportunities otherwise unavailable at the penal facility at which the contract is to be performed to prevent circumstances that could reasonably be expected to significantly endanger the safe and effective administration of such facility; or (2) permit diversification into the labor-intensive manufacture of a specific product that has been approved by the Board. Specifies that: (1) a timely offer received from FPI shall be considered eligible for award (even if the competition is restricted); and (2) FPI shall be required to perform its contractual obligations to the same extent as any other contractor. Repeals a provisions under which any dispute relating to the price, quality, character, or suitability of FPI products shall be arbitrated by a board consisting of the Comptroller General of the United States, the Administrator of General Services, and the President, or their representatives. Specifies that: (1) a decision by a contracting officer regarding the award of a contract to FPI or relating to the performance of such contract shall be final, unless reversed on appeal (but authorizes the Director of FPI to appeal to the head of a Federal agency an adverse determination made by a contracting officer, in which case the decision of such agency head shall be final); and (2) a dispute between FPI and a buying activity regarding contract performance shall be subject to final resolution by the board of contract appeals having jurisdiction over the buying activity's contract performance disputes under the Contract Disputes Act of 1978. Requires that the amendments made by this Act be implemented through modifications to the Federal Acquisition Regulation (FAR) within 180 days. Makes FAR subject to provisions of the Office of Federal Procurement Policy Act (which assure publication in the Federal Register and the opportunity for public comment before the promulgation of a final regulation). Requires each Federal agency reporting to the Federal Procurement Data System through the General Services Administration to report all acquisitions from FPI. Amends the Federal criminal code to require the Board, in its annual report to the Congress, to include: (1) an analysis of the corporation's total sales for each specific product sold to Federal agencies, the total purchases by each agency of each specific product, the corporation's share of such total Government purchases by specific product, and the number and disposition of disputes submitted to agency heads; (2) an analysis of the inmate workforce, including the number of inmates employed, the number and percentage of employed inmates by the term of their incarceration, and the various hourly wages paid to inmates employed with respect to the production of the various specific products authorized for production and sale; and (3) data concerning employment obtained by former inmates upon release to determine whether the employment provided by FPI during incarceration provided such inmates with knowledge and skill in a trade or occupation that enabled such former inmate to earn a livelihood upon release. Directs that copies of such annual report be made available to the public at a price not to exceed the cost of printing. Authorizes the Department of Defense (DOD) to count toward the attainment of the goal set out in the National Defense Authorization Act for Fiscal Year 1987 for participation by small disadvantaged businesses, historically Black colleges and universities, and minority institutions in DOD contracting opportunities, the value of any purchase of supplies or services made by FPI from an entity described in such Act for the performance of a contract with DOD.

Family Home Investment and Education Plan Act

United States · United States Congress · 2 August 1991

Family Home Investment and Education Plan Act - Amends the Internal Revenue Code to make the tax on prohibited transactions inapplicable to a home equity participation arrangement. Describes such arrangement as one in which the eligible participant in an individual retirement plan directs the trustee of such plan to acquire an ownership interest in all or part of any dwelling unit which within a reasonable period of time (determined at the time the arrangement is executed) is to be used as the principal residence for a first-time homebuyer. Requires such ownership interest to be a fee interest which requires full repayment. Limits the amount invested to the balance in the plan before January 1, 1992. Describes the first-time homebuyer as an eligible participant or a qualified family member (child, parent, grandparent, or spouse) who had no present ownership interest in a principal residence during the 36-month period before the date of the arrangement. Allows the use of amounts in an individual retirement plan (prior to January 1, 1992) to make loans to purchase a home for a first-time homebuyer or to pay qualified higher education expenses on behalf of an eligible participant or a qualified family member. Requires the repayment of first-time homebuyer loans within 15 years and of higher education loans within ten years.

Secure Choice

United States · United States Congress · 2 August 1991

Secure Choice - Title I: Long - Term Care Provisions - Amends the Social Security Act to establish a new Federal program to provide grants to States for making long-term care assistance to low-income functionally impaired elderly individuals under a State plan approved under a new title XXI entitled "Long-Term Care Assistance Programs For The Elderly." Outlines: (1) requirements for State plans for long-term care assistance; and (2) conditions for the approval of such plans by the Secretary of Health and Human Services. Allows States to impose sanctions on service providers who overcharge such individuals. Disregards payments under title XVI (Supplemental Security Income) to an individual who is eligible for long-term care assistance under the plan and is in a nursing facility at the time such benefits are paid for purposes of determining the amount of any post-eligibility contribution by the individual toward the cost of the care and services provided by the nursing facility. Allows States to exclude any individual or entity for participation under the State plan for any reason for which the Secretary could exclude the individual or entity from participation in Medicare (title XVIII of the Social Security Act) and State health care programs. Requires States to provide for making long-term care assistance available, including at least the services described below in items 2 and 3, to all individuals aged 55 or older: (1) who are impaired because they are limited in performing specified activities of daily living or have Alzheimer's disease or a similar dementia; (2) whose income and resources do not exceed the minimum prescribed levels the State is required by this Act to establish; and (3) who are likely to receive the care and services described below for at least 45 consecutive days. Defines "long-term care assistance" as payment of part or all of the cost of the following care and services (if provided in or after the third month before the month in which the recipient makes application for assistance) for the individuals described above: (1) nursing facility services (other than services in an institution for mental diseases); (2) home and community-based services that include homemaker/home health aide services, personal care services, adult day care, nursing services, physical therapy, and respite care; (3) case management services provided by a qualified community-care case manager; (4) respiratory care services; (5) prescription drugs; and (6) any other long-term care and any other type of remedial care (other than room and board) recognized under State law and specified by the Secretary. Gives States the option to cover individuals with incomes up to 240 percent of the Federal poverty level. Outlines provisions for determining the amount of funds the Secretary must pay to a State for expenditures for long-term care assistance provided under its approved plan. Prohibits State plans from imposing enrollment fees, premiums, or similar charges for services furnished to severely functionally impaired individuals who, as a condition for receiving services under the plan, must spend for the costs of long-term care all but a minimal amount of their income required for personal needs. Requires any deductible, cost sharing, or similar charge imposed under the plan with respect to other such individuals or other care and services to be nominal in amount. Requires State plans to require that no provider participating under the State plan may deny care or services to an individual eligible for such care or services under the plan on account of such individual's inability to pay a deduction, cost sharing, or similar charge. Makes an individual to whom such care or services were furnished liable for applicable charges. Sets forth provisions regarding: (1) liens, adjustments, and recoveries with respect to debts incurred for long-term care; and (2) transfers of assets and eligibility for long-term care assistance. Sets forth special rules for the treatment of income and resources of impaired spouses. Establishes the Secure Choice Insurance Option program under part B of new title XXI under which a State, if it chooses to participate, will subsidize long-term care insurance for individuals aged 55 or older who have incomes between 240 and 400 percent of the Federal poverty level and who are provided with care and services under a qualified long-term care insurance policy. Specifies the requirements an insurance policy must meet in order to qualify as a long-term care insurance policy. Requires that an individual, in order to be eligible to purchase a qualified long-term care insurance policy under the program, must, at the time such individual elects to purchase such policy: (1) be a resident of the State; and (2) meet the standard underwriting requirements of an insurer which has been certified by the State's Standards and Performance Organization as having met specified requirements set forth in this Act in order to be able to provide qualified long-term care insurance policies under the State plan. Requires States, in order to be eligible to participate in the new program, to establish a Standards and Performance Organization to: (1) ensure that qualified long-term care insurance policies cover the required care and services; (2) determine that insurers desiring to become qualified insurers comply with applicable State standards; (3) ensure that information concerning the program is made available to qualified participants within the State; (4) assess the quality and appropriateness of the case management services provided to qualified participants; (5) determine whether qualified insurers are using appropriate managed care techniques in the provision of program services; (6) determine whether long-term care is being provided under the program in settings that meet State standards; (7) establish standards applicable to qualified issuers regarding rejection rates for underwriting, and provide for consumer protection; (8) determine and verify on an annual basis the income of qualified participants and their compliance with income and resource requirements; (9) notify qualified insurers of any changes in the income and resources of participants; (10) carry out the educational program discussed below; (11) hear appeals of certain denials and establish appropriate appeals procedures; (12) establish a sliding scale for determining the amount of the benefit subsidy a State is required to pay under a long-term care insurance policy; and (13) carry out such other functions as the Secretary may require. Outlines provisions applicable to qualified participants who change their State of residence. Requires the amount of the premium to be charged by a qualified insurer for a qualified long-term care insurance policy to be determined by each qualified insurer, subject to State insurance regulations, on the basis of the minimum benefits that must be provided under the policy. Requires the State insurance commission to ensure that the premium rate structure applicable to a qualified long-term care insurance policy remains level throughout the policy's life. Sets forth procedures for the periodic review of premium rates in order to determine if qualified insurers may make adjustments. Establishes maximum daily and lifetime benefit amounts for nursing facility services and home- and community-based care under a qualified long-term care insurance policy for which the qualified insurer is liable for payment to the service provider. Outlines additional requirements a State plan must meet applicable to the Secure Choice Insurance Option program. Requires the Secretary to reimburse each participating State for program costs, according to a specified formula. States that to be eligible as a qualified provider an entity must agree to accept the payment rate specified under the program as payment in full for services provided to qualified participants. Requires the Standards and Performance Organization of the State that elects to participate in the program to implement a comprehensive public information and education program that shall be directed to individuals age 55 and above but which shall attempt to educate the general public as whole concerning the need for long-term care insurance. Specifies the requirements for such education program. Requires States participating in the programs under new title XXI to ensure that any long-term care insurance policy offered within the State meets specified: (1) requirements of the long-term care insurance model regulation, and the long-term care insurance model Act, respectively, promulgated by the National Association of Insurance Commissioners (NAIC); (2) tax disclosure requirements; and (3) requirements relating to nonforfeitability. Outlines additional responsibilities of participating States with respect to any individual or entity selling or offering for sale in the State a long-term care insurance policy, including responsibilities of participating States for ensuring that such individuals or entities comply with specified NAIC model regulations and Act provisions. Directs NAIC to promulgate standards for the use of uniform language and definitions in long-term care insurance policies. Directs the Secretary to provide that individuals eligible for services under title XIX (Medicaid) of the Social Security Act which, effective upon the enactment of this Act, are provided under new title XXI shall continue to be eligible to receive such services in the same manner as previously provided. Amends the Medicaid program to repeal provisions concerning home and community care for functionally disabled elderly individuals. Directs the Comptroller General to study and report to the Congress on the appropriateness and adequacy of using the Federal medical assistance percentage utilized under Medicaid for payment of services provided under new title XXI. Directs the Secretary to conduct studies to: (1) develop appropriate criteria for determining eligibility for long-term care services under a program similar to the Secure Choice program for mentally retarded or developmentally disabled individuals; and (2) determine the feasibility of establishing a data collection system for public and private long-term care services. Directs the Secretary to establish a new organizational unit within the Health Care Financing Administration to administer the new long-term care assistance program under title XXI. Title II: Long-Term Care Tax Provisions - Subtitle A: Tax Treatment of Long-Term Care - Private Long-Term Care Insurance Act of 1991 - Amends the Internal Revenue Code to allow an individual an itemized deduction for qualified long-term care services. Defines such services as necessary diagnostic, preventive, therapeutic, and rehabilitative services, and maintenance and personal care services which: (1) are required by a chronically ill individual; (2) have as their primary purpose the provision of needed assistance with daily living activities which the individual is certified as being unable to perform; and (3) are provided pursuant to a continuing plan of care prescribed by a licensed health practitioner. Provides for: (1) long-term care insurance contracts to be treated as accident or health insurance contracts; (2) amounts received under such contracts with respect to qualified long-term care services to be treated as amounts received for personal injuries or sickness; (3) employer plans providing such services to be treated as an accident or health plan; and (4) per diem and other periodic payments to be treated as payments made with respect to qualified long-term care services, with specified limitations. Declares that a qualified long-term care insurance contract is one in which the only insurance protection provided is coverage of qualified long-term care services. Prohibits borrowing under such a contract and its assignment or pledging as collateral for a loan. Prohibits it from covering expenses to the extent that such expenses are reimbursable under Medicare. Provides for the tax treatment of policyholders based on dollar limitations on per diem and other periodic payments. Makes the continuation coverage excise tax inapplicable to qualified long-term care insurance contracts or plans of employers that provide such coverage. Sets forth specified consumer protection provisions to be satisfied by qualified long-term care insurance contracts, including the NAIC model Act. Imposes an excise tax of $5,000 on any person who fails to meet specified requirements for such contracts with respect to: (1) regulation of sales practices; (2) model Act provisions; and (3) disclosure. Requires NAIC to promulgate standards for the use of uniform language and definitions in long-term care insurance policies by January 1, 1993. Subtitle B: Treatment of Accelerated Death Benefits - Provides for the treatment of amounts paid to a terminally ill individual as death benefits. Allows insurance companies to issue such accelerated death benefit riders on life insurance contracts and requires spousal consent for such treatment and riders. Amends title XI of the Social Security Act to prohibit applicants or recipients under public assistance programs from being required to make an election respecting accelerated death benefits under life insurance policies.

Environmental Research, Development, and Demonstration Authorization Act of 1991

United States · United States Congress · 2 August 1991

Environmental Research, Development, and Demonstration Authorization Act of 1991 - Authorizes appropriations to the Environmental Protection Agency (EPA) for FY 1992 through 1994 for specified environmental research, development, and demonstration activities and for program management and support of the Office of Research and Development. Requires the EPA Administrator to inform the appropriate congressional committees prior to the issuance of notice to close any field station, regional office, laboratory, or research center, or for a reduction-in-force. Directs the Administrator to establish a separately identified core research program consisting of fundamental ecological, health, and risk reduction research to support efforts to identify, assess, and mitigate serious environmental risks. Requires the Administrator to establish an intra-agency task group to define, review, and ensure adequate funding of the core research program. Provides that such research shall give emphasis to the effects of exposure to environmental contaminants on human immune and neurological systems. Authorizes the Administrator to award grants to eligible organizations for purposes of conducting such research. Requires the Science Advisory Board to review and make recommendations on core research program activities. Makes amounts earmarked for multimedia activities available for such research. Directs the Administrator to: (1) establish a modernization program to identify, acquire, and maintain modern buildings, facilities, supplies, and equipment needed to conduct high quality research; and (2) conduct studies and make assessments of the adequacy of the equipment and facilities to meet the needs of EPA and to attract well-qualified scientists, engineers, and other appropriate personnel. Requires the Administrator to carry out a program of environmental technology transfer and exchange of scientific information to make full use of EPA's research, development, and demonstration efforts. Directs the Science Advisory Board to submit annual reports to the Congress and the Administrator on the proposed research program described in the President's budget request for research, development, and demonstration activities of the EPA. Requires the Board to conduct periodic evaluations of selected areas of the current and planned activities. Requires concurrent submission to the Congress of any report required from the Board to the Administrator. Requires the Administrator, in reviewing research, development, and demonstration grant, contract, and cooperative agreement applications, to enter into cooperative agreements to conduct scientific and professional review of such applications. Authorizes the Administrator to use research funds authorized by this Act for such agreements. Repeals a required annual report from the Administrator of a five-year plan for environmental research, development, and demonstration. Directs the Administrator to report to the Senate Committee on Environment and Public Works and the House Committee on Science, Space, and Technology on the accomplishments of programs authorized under this Act as they relate to EPA's mission to protect public health and the environment. Authorizes the Administrator to: (1) conduct research on the nature and impacts of international environmental problems and how to respond to such problems; and (2) provide assistance to foreign countries and international bodies to improve the quality of the environment. Directs the Administrator to: (1) implement monitoring methodologies for measuring the level of pesticides in ambient and indoor air, groundwater, soil, and food; (2) assess routes of exposure to pesticides; (3) implement monitoring methodologies to assess the extent and effects of exposure to pesticides by agricultural workers and the level of human exposure to lawn and garden pesticides; (4) conduct a demonstration project to implement methodologies for assessing pesticide residues in food and assess the feasibility of establishing an EPA program for the routine monitoring of pesticide residues in food ready for marketing; (5) determine the extent of pesticide contamination in air and groundwater; (6) study the acute and chronic health effects of exposure to pesticides and the effects resulting from exposure to cholinesterase inhibitors; (7) implement methodologies for assessing the potential health effects on agricultural workers and consumers of agricultural products from exposure to chemical pesticides; (8) conduct field studies to assess the effects of exposure to pesticides introduced in the environment through long-term use; and (9) assess and monitor the impact of biological pesticides and the impact of pesticides on air quality. Makes specified amounts available for such activities. Requires the Administrator to develop methods for chemical storage and disposal and for remediating chemical contamination in soil, groundwater, and other environmental media. Directs the Administrator to: (1) establish a program to award grants to institutions of higher education for training graduate students in the field of environmental toxicology; and (2) sponsor internships for grant recipients at EPA laboratories and administrative offices and encourage EPA staff members to hold seminars and lecture at such institutions. Limits grants to three-year periods and authorizes grant renewals. Requires the Administrator to implement a research program to increase understanding of the health effects of exposure to electric and magnetic fields. Makes specified amounts available for such program. National Arid Climate Groundwater Research Center Act - Requires the Administrator to establish the National Arid Climate Groundwater Research Center in the State of Nevada. Directs the Center to: (1) study and evaluate the availability, usage, and management of groundwater in arid regions; (2) study and evaluate means of monitoring and regulating contaminants in groundwater; (3) coordinate groundwater research with Federal, State, and private agencies; (4) encourage graduate and undergraduate education in disciplines and professions related to groundwater; (5) provide a forum for consideration of issues involving the management and protection of groundwater; and (6) make its work accessible to the public. Authorizes appropriations. Requires the annual EPA appropriations request to identify funding for source reduction research, development, and demonstration activities as a separate account. Authorizes the Administrator to conduct, and makes funds available for, such activities. Requires the Administrator to conduct a research program on the use of indoor foliage for reducing indoor air pollution. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the health risks, including the physiological and psychological effects on humans, associated with volcanic haze in the State of Hawaii. Authorizes appropriations.

Higher Education Grant Expansion and Fairness Act

United States · United States Congress · 2 August 1991

Higher Education Grant Expansion and Fairness Act - Amends the Higher Education Act of 1965 to extend through FY 1997 the Pell Grant program authority. Revises the formula for and increases the amount of an individual Pell Grant. Sets the maximum amount at $4,000 for award year 1992-1993. Provides, for academic years 1993-1994 through 1996-1997, for specified inflation adjustments for such specified maximum amounts. Raises to $400 the minimum amount which a student must be eligible for before a Pell Grant may be awarded. Removes from the computation of expected family contribution in the determination of need for assistance under the Pell Grant program the following assets: (1) the family's principal place of residence; or (2) a family farm on which the family resides.

A bill to amend the Higher Education Act of 1965 to require special consideration in student aid decisions for students from families whose assets have been restricted because of bank and credit union failures.

United States · United States Congress · 2 August 1991

Amends the Higher Education Act of 1965 to provide for special consideration and adjustments of expected family contribution in student aid calculations to reflect the family's or student's lack of discretion and control over assets frozen in checking and savings accounts due to a State declaration of a bank emergency.

Area Health Education Centers Reauthorization Act of 1991

United States · United States Congress · 2 August 1991

Area Health Education Centers Reauthorization Act of 1991 - Amends the Public Health Service Act to specify a term of six years for agreements establishing area health education centers (AHECs). Modifies the purposes of AHECs, including serving high-impact areas and States as well as border areas close to Mexico. Mandates, if available in the area, participation of a school of public health. Authorizes agreements for the planning, development, and operation of State-supported AHECs. Authorizes appropriations.

A resolution to establish an Albert Einstein Congressional Fellowship Program.

United States · United States Congress · 2 August 1991

Authorizes the President Pro Tempore of the Senate to enter into an agreement with the Triangle Coalition for Science and Technology Education to establish an Albert Einstein Congressional Fellowship Program providing for three fellowships within the Senate in each fiscal year, beginning in FY 1991. Provides for the agreement only if the Triangle Coalition for Science and Technology meets certain program requirements.

Radon Awareness and Disclosure Act of 1992

United States · United States Congress · 2 August 1991

Radon Awareness and Disclosure Act of 1991 - Title I: Three-Year Extension of Indoor Radon Abatement Provisions of Toxic Substances Control Act - Amends the Toxic Substances Control Act to extend the authorization of appropriations for: (1) grants and technical assistance to States for radon programs; (2) an Environmental Protection Agency (EPA) publication entitled "A Citizen's Guide to Radon"; (3) model construction standards and techniques for controlling radon levels in new buildings; and (4) regional radon training centers. Title II: Radon Testing - Directs the EPA Administrator to establish a program that requires: (1) products offered for sale or devices used in connection with public services for radon measurement to meet minimum performance criteria; and (2) operators of devices or persons employing techniques used in connection with public services for radon measurement to meet a minimum level of proficiency. Requires a list of devices meeting such criteria and a summary of current radon measurement technology to be made available to the public. Prescribes civil penalties for violations of this title. Directs the Administrator to establish a fee schedule for persons manufacturing or operating such devices or employing such techniques. Provides for a waiver or reduction of fees for persons who agree to test for radon in public and nonprofit child care facilities, schools, hospitals, nursing homes, or other care facilities. Provides for the deposit of fees in a Radon Service Account. Requires the Administrator to: (1) implement an outreach program to provide information about radon to the medical community; (2) develop and distribute informational material concerning radon tailored to doctors in general practice and in specialties related to lung cancer; (3) evaluate current efforts to promote radon testing and ways to increase testing during real estate transactions; and (4) report to the Congress on alternative strategies for promoting such testing. Title III: Radon In Schools - Directs the Administrator, by September 30, 1992, to designate areas with radon levels exceeding the national average for radon as priority radon areas. Requires local educational agencies to test each school building under their authority for radon. Establishes a schedule for such testing. Makes test results available for public review. Requires individuals carrying out radon testing and testing and mitigation devices and methods to be approved pursuant to proficiency programs. Establishes within EPA a Radon Testing and Mitigation Assistance Program to provide assistance for testing and mitigation devices and methods. Requires State Governors to establish priority lists of assistance applicants, based on the nature and magnitude of potential exposure to radon. Authorizes the provision to approved applicants of loans of up to 100 percent, and grants of up to 50 percent, of the total cost of a testing program. Imposes civil penalties upon local educational agencies violating this title's requirements. Authorizes citizen complaints with respect to radon in school buildings. Authorizes appropriations. Title IV: President's Commission on Radon Awareness - Establishes the President's Commission on Radon Awareness to: (1) examine existing public awareness programs concerning radon; (2) act as a coordinating body for the donation of resources to assist in programs and strategies to raise awareness of the health threats of radon; (3) encourage media outlets to increase radon awareness; and (4) evaluate the effectiveness and assist in the update of such programs and strategies.

U.S. Health Service Act

United States · United States Congress · 2 August 1991

U.S. Health Service Act - Title I: Establishment and Operation of the United States Health Service - Part A: Initial Organization - Establishes, as an independent entity within the executive branch, the United States Health Service (Service). Vests authority of the Service in the appropriate National Health Board and area health boards. Grants the Service the power of eminent domain. Directs the President to: (1) appoint 21 individuals to serve as members of the Interim National Health Board of the Service; and (2) designate two nominees as chairperson and vice chairperson of the Interim National Board. Declares that the members of the Interim National Board shall serve until the National Health Board holds its initial meeting in accordance with certain provisions of this Act. Sets forth the duties of the Interim National Board. Authorizes appropriations. Part B: Organization of Area Health Boards - Requires the Interim National Board to establish health care delivery regions throughout the United States which meet specified requirements. Sets forth procedures regarding election and appointment of members and certain officers of: (1) interim national, interim regional, and interim district health boards; and (2) initial and subsequent national, regional, district, and community health boards. Requires the National Health Board (National Board) to modify the boundaries of each health care delivery region after each census and at such other times as it deems necessary, provided such modification is approved in a referendum of registered users residing in an area whose regional identification would be changed by such modification. Requires each regional board, in certain circumstances, to review the appropriateness of district and community boundaries. Allows regional boards to modify such boundaries in certain circumstances, provided modification is approved in a referendum. Part C: General Provisions Regarding Health Boards - Sets forth the membership and terms of office of health boards. Provides for recall of board members for specified reasons and for filling vacancies on health boards. Provides for the manner of conducting meetings of health boards and for the compensation of members of the National Board and compensation of and payment of expenses for members of other health boards. Sets forth procedures for the establishment by the National Board of guidelines and standards required by or in furtherance of the objectives of this Act. Requires each regional board to provide orientation, education, and technical assistance to district and community boards. Requires the appropriate national board to provide such assistance to regional boards. Title II: Delivery of Health Care and Supplemental Services - Part A: Patients' Rights in Health Care Delivery - Requires the Service to ensure that every user is given the right to receive high quality care and supplemental services without charge and without discrimination. Sets forth a list of other basic health rights. Amends the Fair Labor Standards Act of 1973 to entitle certain employees to health leave compensation, subject to specified exceptions which exist in current law as exceptions to minimum wage and maximum hours provisions. Part B: Eligibility for, Nature of, and Scope of Services Provided by the Service - Declares all individuals, while within the United States, to be eligible to receive health care and supplemental services under this Act. Excludes personal comfort or cosmetic services unless they are necessary for health-related reasons. Requires the Service to provide in the United States specified services in or through facilities established by the Service. Prohibits the Service from providing such services in a region, district, or community other than under the auspices of a regional, district, or community board established in accordance with this Act. Requires the Service to provide specified supplemental services in or through health care facilities established by the Service. Provides for reimbursement by the Service of the cost of emergency health care services under certain circumstances. Part C: Health Care Facilities and Delivery of Health Care Services - Requires each community board to establish and maintain such health care facilities as are necessary for efficient and effective delivery of comprehensive primary health care services, specialized health care services, special services, and community-oriented health measures which are provided, as much as possible, through a single comprehensive health center. Requires each district board to establish and maintain in its district a general hospital, such other health care facilities as are necessary, and such health care services of a specialized nature as may be provided most effectively and efficiently at the district level. Requires each regional board to establish and maintain: (1) a regional medical facility for highly specialized health care services; (2) health care and supplemental services for individuals whose needs cannot be met by community or district boards; and (3) such other facilities as are necessary. Requires each area health board to: (1) hire health workers; (2) purchase or lease necessary premises; and (3) seek to minimize fragmentation and duplication in delivery of health care. Requires each regional board to provide for affiliation and coordination within its region and with adjacent regions. Requires the National Board to establish guidelines for distribution and coordination of the delivery of health care services and plan and transition to the new facilities for affected workers. Requires regional boards, if a community or district board fails to provide health services, to provide the services. Requires each health board to establish policies and organizational plans consistent with provisions of this Act. Requires such boards, in establishing, implementing, and modifying such policies and plans, to seek participation of affected workers and users. Provides for a health board, if it determines that it cannot itself effectively manage the operation of all facilities, to establish a health care facility board or boards. Specifies elements to be provided for in the policies and organizational plans established by health boards. Prohibits a health board, on and after three years after the effective date of health services, from permitting its health care facilities to be used for the private delivery of health services. Prohibits individuals employed by a health board from engaging in the private delivery of health services. Requires each health board to ensure that health facilities it operates which provide outpatient services are open during hours which permit all users to make use of such services. Sets forth requirements for facilities providing inpatient services for 30 continuous days or longer. Requires each health board to provide that, at least once each year, the inpatients of facilities providing inpatient services for 30 continuous days or longer shall elect, from among themselves and representatives of certain user associations, a review committee of not less than three members. Provides for recall and proxies with respect to such committees. Requires various health boards to conduct regular inspections of specified facilities. Requires area health boards to provide: (1) contraception information and materials; (2) evaluation and treatment for venereal diseases and diseases of the reproductive organs; (3) information and counseling regarding pregnancy, child bearing, and possible genetically induced anomalies; (4) pregnancy testing; (5) prenatal services; (6) abortion services; and (7) counseling by women for specified services and counseling by men for specified services. Requires all such services to be delivered without coercion or harassment, with confidentiality, and without prior approval of individuals other than the individual receiving the services. Requires that individuals be permitted to be accompanied by a person of their choice during the provision of such services, subject to exception. Sets forth restrictions and requirements for informed consent regarding: (1) treatments or procedures which could affect an individual's reproductive capacity; and (2) mastectomy or other breast cancer treatment. Requires that women giving birth have the right to choose from a complete range of childbirth options. Title III: Health Labor Force - Part A: Job Categories and Certification - Declares that, notwithstanding State laws to the contrary, the Service shall be the sole judge of the qualifications of its employees. Requires each area health board to insure that work is performed by certified health workers. Mandates health boards to provide for periodic review and assessment of competency. States that area health boards shall provide opportunities for assessment and certification of skills required for advancement. Requires the National Board to establish guidelines for classification, certification, and employment of health workers. Requires that such guidelines: (1) permit alternative approaches to healing, when such approaches have not been shown to be injurious to health; (2) have both flexibility and uniformity to meet stated objectives; and (3) require that each health worker employed by a community board work part of the time in a facility operated by a district or regional board and each health worker employed by a district or regional board work part of the time in a health care facility operated by a community board. Mandates that the National Board periodically evaluate job categories and certification practices established by area health boards and assist regional boards in applying certain guidelines. States that each regional board, for job categories requiring advanced specialty training, shall establish certification standards which contain certain specifications made by the National Board. Requires recognition of training, experience, and performance undertaken or demonstrated before the establishment of health team schools under part B of this title. Requires each board to periodically review, supplement, modify, or eliminate such standards. Part B: Education of Health Workers - Requires each regional board, in consultation with community and district boards, to establish a health team school (school) to provide initial and continuing basic education in health care delivery and initial and continuing advanced education in health care specialties and health science specialty fields. Allows for collaboration between adjacent regions conducting joint educational programs. Requires that the schools be funded exclusively by the Service, prohibits them from charging or accepting tuition or fees, and requires them to provide each student with an allowance for living expenses, educational supplies, and any child care. Sets forth the principles under which the schools are required to be operated and maintained. Requires the National Board to establish guidelines for the application of such principles and for the phased integration of existing health worker education programs into the schools. Requires each regional board to establish and implement for the school: (1) admissions policies with certain required elements; (2) curriculum policies with stated elements; (3) faculty hiring procedures which will create a faculty which approximates the population of the region by race, sex, and language; and (4) a governance plan for the management of its school which gives significant decision making powers to staff and students. Prohibits enrolling any individual unless the individual agrees to perform health care services as an employee of the Service, in a job category for which training is being provided, for a period of time equal to the period of enrollment, but not less than two years, and subject to other terms and conditions. Entitles the Service, if an individual fails to start or fails to complete such service, to recover damages. Cancels payment of damages upon the death of the individual. Allows waiver or suspension of the obligation of service or payment if compliance is impossible or would involve extreme hardship and if enforcement would be unconscionable. Limits discharge of such obligation under bankruptcy. Mandates that each area board periodically assess the ratio of the health workers employed by the board in each job category to the number of residents in the area. Gives priority in hiring individuals obligated to perform service to health worker shortage areas and, as a second level of priority, to the regional, district, or community board for the region, district, or community in which the program was completed. States that the National Board shall establish a program to match the preferences graduates have for locations with the needs and preferences of various boards. Requires the National Board to make payments of principal and interest on certain loans incurred by individuals for an educational program in health care delivery, health care specialties, or health science fields which is outstanding on the day that individual begins to work for the Service. Establishes a schedule for such payments. Part C: Employment and Labor-Management Relations Within the Service - Requires health boards to employ, classify, and fix the salaries and benefits of all employees of the Service. Mandates that the appropriate National Board provide for: (1) employment and promotion in the Service in the same manner as under the Federal civil service system; (2) opportunities for advancement; (3) use of work time for continuing education without loss of pay or other rights; and (4) hearings on adverse actions. States that health boards shall give hiring preference to individuals employed as health workers before enactment of this Act. Requires the National Board to ensure that all such individuals desiring employment in the Service find appropriate employment in the Service. Declares employees of the Service eligible for promotion or transfer to any position in the Service for which they are qualified. Mandates that each regional board establish and maintain a job placement service. Places restrictions on hiring relating to the: (1) ratio of health workers to residents; and (2) existence of a health worker shortage area in the same region. Declares that employees of the Service are covered by specified Federal laws relating to adverse actions, compensation for work injuries, civil service retirement, and withholding of pay for the Civil Service Retirement and Disability Fund, subject to exceptions relating to collective bargaining agreements and conditioned on approval by the Office of Personnel Management. Declares sick and annual leave and compensatory time of employees of the Service, whether accrued prior to or after the commencement of operations of the Service, to be obligations of the Service. Requires compensation, benefits, and other terms and conditions of employment to be the same on the effective date of health services as for Federal Government employees until changed by the Service. Makes specified provisions of Federal law relating to unemployment compensation and life insurance apply to employees of the Service unless modified. Prohibits changes in fringe benefits which result in a program which is less favorable to employees of the Service than fringe benefits for employees of the Federal Government on the effective date of health services. Declares that the provisions of the National Labor Relations Act shall apply to the Service and its employees, subject to specified exceptions. Declares that provisions of Federal law relating to participation in a strike shall not apply to employees of the Service. Authorizes provisions in collective bargaining agreements between the Service and its employees regarding procedures for the resolution of grievances and adverse actions, including binding third-party arbitration. Amends the Labor-Management Reporting and Disclosure Act of 1959 to include the Service in the definition of the term "employer" under that Act. Provides that the remedies provided by stated Federal laws regarding jurisdiction and tort claims shall be exclusive of any other civil action or proceeding. Directs the Attorney General to defend any such action or proceeding. Provides, in certain circumstances, for removal and remanding of cases between State and Federal courts and for suspensions of specified limitations of time. Authorizes the Attorney General to compromise or settle such cases as provided in specified Federal law. Declares that assault or battery arising out of negligence in various health care functions is not an exception under specified Federal law to tort claims and jurisdiction provisions of Federal law. Authorizes the National Board to hold harmless or provide liability insurance for any employee of the Service under certain circumstances. Title IV: Other Functions of Health Boards - Part A: Advocacy, Grievance Procedures, and Trusteeships - Requires each area health board to establish a program of health advocacy with specified elements. Requires the National Board to establish a health rights legal services program, for users and health workers, providing specified elements. Requires each appropriate regional board to provide that any user, health worker, user association, or specified health board may commence grievance proceedings before specified health boards with respect to alleged violations of this Act. Provides for review of adverse decisions. Prohibits commencement or continuation of such review when suit is filed. Provides procedures for handling such grievances. Authorizes, in certain circumstances, the entity before which a grievance proceeding is commenced or reviewed to: (1) set aside an election of a community board and require a new election; and (2) if not involving a community board, require that a new election be conducted or a new appointment be made. Requires such entity to transfer such functions as necessary to the appropriate higher health board until a new election is conducted or a new appointment is made. Authorizes a health board which receives functions under such a transfer to appoint a trustee or trustee committee to carry out transferred functions. Part B: Occupational Safety and Health Programs - Requires the National Board to oversee occupational safety and health programs conducted at the regional level and to participate in the establishment and administration of occupational safety and health standards under the Occupational Safety and Health Act of 1970, with the advice and comments of regional occupational safety and health action councils established under this Act. Amends the Occupational Safety and Health Act of 1970 to substitute references to the National Health Board for references to the Secretary of Health and Human Services throughout such Act, with one specified exception. Adds references to the National Health Board to existing provisions in such Act regarding promulgation, modification, and revocation of safety and health standards. Ends responsibility of the Secretary of Health and Human Services for prescribing rules and regulations to carry out such Secretary's responsibilities under that Act. Adds a reference to consultation with the National Board to existing provisions relating to: (1) exemptions from required provisions on account of national defense; (2) conditions for approval of State safety and health plans; and (3) access to safety and health records and reports required of Federal agencies. Ends the authorization under a specified provision of such Act for the Secretary of Health and Human Services to prescribe regulations requiring employers to measure, record, and make reports on employees' exposure to certain substances or agents. Requires the National Board to establish guidelines for: (1) its participation in the establishment and administration of safety and health standards; (2) the election of community occupational safety and health action councils; (3) the establishment of regional occupational safety and health programs; (4) the establishment and operation of work place health facilities; and (5) the provision of assistance by various health boards to various safety and health councils, and to work place safety and health committees. Requires each community board to provide for the operation of a community occupational safety and health action council (COSHAC). Gives a formula for election of the members of COSHACs. Specifies the duties of each COSHAC. Requires each regional board to establish an occupational health and safety program for its region with specified elements, including staffing and supporting the operation of the regional occupational safety and health action council (ROSHAC). Specifies the responsibilities of each ROSHAC. Requires the employer in each work place to establish and maintain a health facility in or near the work place to meet occupational and emergency health care needs of employees, to be operated either by the community board or by the employer, and the cost, in either case, to be borne by the employer. Grants employees in each work place having 25 or more employees the right to establish work place occupational safety and health committees. Grants the members of such committees rights to engage in certain activities relating to inspections without loss of pay or other job rights. Authorizes employees to monitor conditions and to remove themselves from the site of any hazard without loss of pay or other job rights. Requires employers to minimize hazards and furnish employees with or reimburse employees for needed equipment or clothing. Specifies rights of employees regarding: (1) inspection of medical records maintained by their employers; (2) provision to employees of copies of all reports, studies, and data concerning health and safety in that work place; and (3) the seeking, through collective bargaining, of standards more restrictive than those established under the Occupational Safety and Health Act of 1970. Part C: Health and Health Care Delivery Research - Requires the Service to conduct a program of research concerning health and health care delivery. Transfers the National Institutes of Health from the Department of Health and Human Services to the National Health Board. States that the National Board shall establish five new national institutes: Epidemiology, Evaluative Clinical Research, Health Care Services, Pharmacy and Medical Supply, and Sociology of Health and Health Care. Specifies the duties of each such institute. Part D: Health Planning, Distribution of Drugs and Other Medical Supplies, and Miscellaneous Functions - Requires each area board to collect data on supply and demand regarding health workers and health care delivery. Requires each regional board to coordinate the planning and administration of health care delivery, health worker education, and health research in its region. Requires the National Board to formulate one-year and five-year national plans and budgets. Requires the National Board, after consultation with regional boards, to publish, and regularly update, a National Pharmacy and Medical Supply Formulary. Specifies the contents of the Formulary. Requires each regional board to establish a program for the purchase and distribution of drugs and other medical supplies. Authorizes the National Board to establish and operate drug and medical supply manufacturing facilities in certain circumstances. Requires the National Board to publish an annual report and a comprehensive dictionary of terms used in health care records and services maintained or provided by the Service. Title V: Financing of the Service - Part A: Health Service Taxes - Amends the Internal Revenue Code to add a new part imposing on individuals and corporations an additional tax of specified percentages of the normal tax and surtax imposed by a specified section of such code. Ends the income tax exclusion from gross income of amounts paid by third parties for medical care. Excludes from gross income employer contributions to accident or health plans to the extent that such contributions do not provide for health care available to such employees under the Health Service Act. Prohibits income tax deductions for: (1) health care expenses as a trade or business expense; and (2) contributions to certain medical and hospital facilities. Repeals provisions of the Internal Revenue Code relating to: (1) medical and dental expenses; (2) hospital insurance tax imposed on employment and self-employment income; and (3) receipts for railroad employees. Declares that no contractual or other nonstatutory obligation of any employer to pay or provide for health care for present or former employees and their dependents and survivors shall apply on or after the effective date of health services under this Act to the extent such individuals are eligible to receive such services under this Act. Prohibits Federal, State, or private worker compensation programs from paying for or providing any health care on or after the effective date of health services under this Act to the extent such care is available under this Act. Part B: Health Service Trust Fund - Creates in the Treasury the Health Service Trust Fund (Trust Fund). Appropriates to the Trust Fund amounts equal to 100 percent of the expected net receipts from specified provisions of the Internal Revenue Code. Appropriates to the Trust Fund a Government contribution equal to 40 percent of the amount appropriated under such 100 percent provision. Transfers to the Trust Fund all assets and liabilities of the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Creates the Board of Trustees of the Trust Fund. Requires the investment of specified portions of the Trust Fund. Extends the purposes for which obligations of the United States may be issued under the Second Liberty Bond Act, to authorize the issuance at par of public debt obligations for purchase by the Trust Fund. Part C: Preparation of Plans and Budgets - Requires the National Board to annually fix the maximum amount of funds which may be expended from the Trust Fund during the fiscal year. Specifies criteria to be considered in determining such amount's maximum value. Authorizes the National Board to refix such maximum amount in certain circumstances. Authorizes the National Board to exceed such maximum amount as necessary because of epidemic, disaster, or other occurrence which was not and could not have been planned for. Authorizes the National Board to allocate, in addition to such maximum amount, funds borrowed under specified provisions of this Act. Requires each community, district, and regional board to annually submit fiscal year and five-year plans and budgets to the next higher level health board. Requires plans and budgets to be prepared in consultation with appropriate users, health workers, and health boards. Part D: Allocation and Distribution of Funds - Requires the National Board to annually transmit to regional boards a national health budget dividing the total funds available into funds for ordinary operating expenses, preventive health measures, capital expenses, research expenses, and special operating expenses. Requires funds for ordinary operating expenses, preventive health measures, and research expenses to be allocated to the regional boards on the basis of population. Requires funds for capital expenses to be allocated according to stated criteria. Declares the budget submitted to the regional boards by the National Board to be adopted upon the approval by a majority of the regional boards. Sets forth requirements, similar to those for the national health budget, for preparation and adoption of regional and district budgets. Defines "special operating expenses" to mean operating expenses associated with: (1) care and treatment for users 65 years of age and older; (2) care and treatment of persons confined to full-time residential institutions, including nursing homes and facilities for the treatment of mental illness; (3) the special health care needs of low-income users; (4) the special health care needs of rural users; (5) special health care needs arising from environmental or occupational health conditions; (6) special health care needs arising from unexpected occurrences, including epidemics and natural disasters; and (7) the conduct of environmental health inspection and monitoring services. Sets forth rules for allocation of special operating expenses. Requires funds allocated under the national health budget to be distributed by the National Board from the Trust Fund. Prohibits health boards from requesting or receiving funds from any other source. Sets forth rules regarding: (1) distribution of funds in the absence of an adopted budget; (2) maintenance of separate accounts by area boards; (3) payment of area health boards; and (4) allocation of supplementary funds required by events occurring or information acquired after initial allocations. Authorizes area boards to retain unused funds for two years following receipt. Requires any funds unexpended after such time to be returned to the Trust Fund. Mandates annual financial statements by area health boards. Grants the National Board and the Comptroller General of the United States, for the purpose of audits, access to any books, documents, papers, and records related to the operation of the Service. Part E: General Provisions - Authorizes the National Board to borrow money and to issue and sell obligations as necessary for this Act, but only in amounts specified in appropriations Acts. Limits the aggregate amount of such obligations outstanding at any one time. Authorizes the National Board to pledge the assets of the Trust Fund and pledge its revenues and receipts for various purposes related to such obligations. Authorizes the National Board to enter into a variety of covenants as necessary or desirable to enhance the marketability of such obligations. Declares that such obligations: (1) shall be negotiable or nonnegotiable, bearer or registered; (2) shall contain a recital that they are issued under a specified provision of this Act; (3) shall be lawful investments; (4) shall be exempt from State taxes; and (5) shall not, subject to exception, be obligations of the U.S. Government. Requires the National Board to advise the Secretary of the Treasury of the proposed sale of obligations. Authorizes such Secretary to elect to purchase the obligations. Authorizes the National Board, if the Secretary elects not to buy such obligations, to issue and sell them to a party or parties other than the Secretary, upon notice to the Secretary and consultation regarding various terms and conditions. Empowers the National Board to require the Secretary of the Treasury to purchase obligations of the Service. Prohibits any required purchase which would result in a holding by the Secretary in excess of a specified amount. Makes obligations issued by the Service obligations of the U.S. Government under certain circumstances. Authorizes the Secretary of the Treasury, for the purpose of any purchase of the obligations of the Service, to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. Extends the purposes of such Act to include any purchases of the obligations of the Service under this part. Title VI: Miscellaneous Provisions - Repeals, on the effective date of health services, the Public Health Service Act, except for specified provisions relating to: (1) its short title and definitions; (2) licensing, quarantine, and inspections authority; and (3) safety of public water systems. Delays, until four years after the effective date of health services, repeal of portions of the Public Health Service Act regarding provision of assistance to educational institutions and their students, in areas which have not established health team schools under part A of title III of this Act. Repeals specified provisions of the Social Security Act relating to maternal and child health, Medicare, Medicaid, professional standards review, entitlement to hospital insurance benefits, uniform health reporting systems, limitation on Federal participation for capital expenditures, the program for determining qualification for certain health care personnel, disclosure of ownership and related information, disclosure of certain convictions, and payments to States for health care and supplemental services. Repeals specified provisions of Federal law relating to health insurance for Federal employees, medical benefits and programs relating to veterans, and the civilian health and medical program of the uniformed services. Repeals the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974, and a specified provision of the Comprehensive Drug Abuse Prevention and Control Act of 1970 relating to medical treatment of narcotic addiction. Repeals Federal law relating to hospitals, community hospitals, and other health facilities for Indians. Repeals the District of Columbia Medical Facilities Construction Act of 1968 and the District of Columbia Medical and Dental Manpower Act of 1970. Repeals specified provisions of the National Housing Act relating to mortgage insurance for nursing homes, hospitals, and group practice facilities. Repeals the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, the Family Planning Services and Population Research Act of 1970, the National Arthritis Act of 1974, and the National Diabetes Mellitus Research and Education Act. Repeals specified provisions of the Lead-Based Paint Poisoning Prevention Act relating to grant, demonstration, and research programs for lead-based paint poisoning prevention. Repeals the Act of March 2, 1897, relating to tea importation. Repeals specified provisions of the Occupational Safety and Health Act of 1970 relating to the National Institute for Occupational Safety and Health. Requires the President to prepare and submit to the Congress legislation to repeal or amend provisions of laws which are inconsistent with this Act, including the transfers of authority of the Secretary of Health and Human Services, under specified provisions of Federal law, to the Service. Sets forth various requirements regarding review and reporting to the President and the Congress concerning how the Service is carrying out the purposes of the various programs authorized to be conducted by provisions repealed by this Act. Transfers to the Health Service Trust Fund amounts appropriated to carry out the purposes of any law repealed by this Act. Provides transition rules regarding contracts entered into or rights or obligations arising before the effective date of such repeals. Amends the Budget and Accounting Act, 1921 to require that each budget submitted by the President set forth items relating to the Health Service Trust Fund separately from other operations of the Government. Declares that, if any provisions of this Act are declared invalid, the remainder of the Act shall not be affected.

To amend the Higher Education Act of 1965 to student aid calculations from being based on assets in accounts that have been frozen by State action, and for other purposes.

United States · United States Congress · 2 August 1991

Amends the Higher Education Act of 1965 to exclude assets frozen in checking and savings accounts due to a State declaration of a bank emergency from consideration in determination of the expected family contribution in student aid calculations.

National Energy Efficient Lighting Education Act of 1991

United States · United States Congress · 2 August 1991

National Energy Efficient Lighting Education Act of 1991 - Directs the Secretary of Energy (the Secretary), within 12 months after enactment of this Act, to make grants to nonprofit institutions and universities (or a consortium of such entities) to establish one regional energy efficient lighting education and demonstration center (centers) in each of the ten regions served by a Department of Energy regional support office. Sets forth such centers' responsibilities, including functions relating to training of lighting professionals, information dissemination, and assistance for lighting engineering and technical programs and curricula. Sets forth requirements for grant applications, selection criteria, and matching funds. Directs the Secretary to establish a task force to: (1) oversee research and training carried out by grant recipients; (2) disseminate such research results; (3) review such programs; and (4) make recommendations for possible future programs. Directs the Secretary to report annually to the Congress on the activities of such centers. Authorizes appropriations for grants for such centers. Authorizes the Secretary to make matching grants to States to encourage State energy offices to supplement the activities of such centers in providing educational workshops to train local building owners, developers, and facility energy and financial managers regarding energy efficient lighting options. Requires such workshops to be conducted in cooperation with the center for the region in which the State is located and with technical assistance and educational material from such center. Gives preference for such grants to States in which a center has not been established. Sets limits on the amount of such a grant to any State. Directs the Secretary to report annually to the Congress on such educational workshops supported by State energy offices. Authorizes appropriations for such grants to States.

To establish prefreshman summer programs for disadvantaged students at institutions of higher education.

United States · United States Congress · 2 August 1991

Amends the Higher Education Act of 1965 to establish a program of grants for prefreshman summer programs for disadvantaged students. (Adds such program to other provisions for Special Programs for Disadvantaged Students, also known as TRIO programs). Authorizes the Secretary of Education to make such grants to States to support such prefreshman summer programs for disadvantaged students. Sets forth application requirements and an allocation formula. Authorizes appropriations.

To extend authorizations of appropriations for certain youth programs under the Anti-Drug Abuse Act of 1988.

United States · United States Congress · 2 August 1991

Amends the Anti-Drug Abuse Act of 1988 to extend through FY 1995 the authorization of appropriations for specified programs for drug abuse education and prevention: (1) relating to youth gangs; and (2) for runaway and homeless youth. Amends the Drug-Free Schools and Communities Act Amendments of 1989 to replace a reference to the National Narcotics Leadership Act of 1988 with a reference to the Anti-Drug Abuse Act of 1988.

To amend the Higher Education Act of 1965 to increase the amount of Pell Grants for needy students, and for other purposes.

United States · United States Congress · 2 August 1991

Amends the Higher Education Act to increase the maximum amount of an individual Pell Grant to $4,500 for academic year 1992-1993. Provides for inflation adjustments of such amount for subsequent academic years. Increases the maximum amount of the child care expense allowance for Pell Grant recipients, for purposes of determining their cost of attendance.

Nontraditional Student Opportunity Act

United States · United States Congress · 2 August 1991

Nontraditional Student Opportunity Act - Amends the Higher Education Act of 1965 (HEA) to revise student assistance programs with respect to access by nontraditional students. Revises the campus-based programs of supplemental educational opportunity grants (SEOG), college work-study (CWS), and Perkins Loans to require that a reasonable proportion of the higher education institution's SEOG allocation, CWC grant, and Perkings Loans be made to nontraditional students, if the institutions's allocation, grant, or loans under such programs are based directly or indirectly in part on the financial need demonstrated by nontraditional students. Defines nontraditional students, for such purposes, as those who are: (1) attending the institution less than full time; (2) age 24 or older; (3) single parents; or (4) independent students. Provides for access to the Robert T. Stafford Student Loan Program by less-than-half-time students who are enrolled for the equivalent of at least three credit hours. Provides for access to Pell Grants by less-than-half-time students. Revises need analysis requirements for Pell Grants and for student assistance in general to exclude from consideration as assets the net value of: (1) the family's principal place of residence; (2) a family farm on which the family resides; or (3) a small business substantially owned and managed by a member or members of the family. Increases the maximum of the child care allowance for purposes of determining cost of attendance in calculating the amount of an individual Pell Grant. Requires higher education institutions to assure that they provide human resources supportive services designed to solve particular problems related to the nontraditional student's need, including, but not limited to, counseling, child care services, financial aid services, campus health care services, and library services at times and places to accommodate nontraditional students. Provides that failure to comply with this requirement will result in the institution's forfeiting a portion of its funds under the programs of supplemental educational opportunity grants (SEOG), college work-study (CWS), and Perkins Loans. Revises postsecondary programs for nontraditional students to require the Secretary of Education (the Secretary) to conduct, through the Office of Educational Research and Improvement, a two-year study of the types of programs available for increasing the accessibility for nontraditional students of postsecondary education, and determine the success or failure of such programs. Directs the Secretary to make interim and final reports to specified congressional committees. Directs the Secretary to establish information and counseling services within the Department of Education to: (1) collect information on effective existing programs providing financial aid information and dissemination, and on existing exemplary guidance and counseling and college admission counseling programs targeted to adult students; and (2) offer assistance to businesses and institutions that wish to implement such programs. Directs the Secretary to make grants or contracts to develop model guidance and counseling and college admission counseling programs for use in various types of businesses and institutions, including tools and resources for dissemination to nontraditional students. Requires preference to be given applicants that have the ability to recruit nontraditional students. Includes among those eligible for such grants and contracts public and nonprofit private entities concerned with the availability of higher education assistance. Provides for disregard of student financial assistance received under HEA in determining need or eligibility for, or amount of, benefits or assistance under any Federal (or federally-assisted State or local) program providing food stamps, welfare assistance, medicaid, or social security income.

To amend the Higher Act of 1965 to require special consideration in student aid decisions for students from families whose assets have been restricted because of bank and credit union failures.

United States · United States Congress · 2 August 1991

Amends the Higher Education Act of 1965 to provide for special consideration and adjustments of expected family contribution in student aid calculations to reflect the family's or student's lack of discretion and control over assets frozen in checking and savings accounts due to a State declaration of a bank emergency.

National Commission on Intercollegiate Athletics Act

United States · United States Congress · 2 August 1991

National Commission on Intercollegiate Athletics Act - Establishes the National Commission on Intercollegiate Athletics. Directs the Commission to submit a final report, with recommendations, to the President and specified congressional committees within two years after enactment of this Act. Terminates the Commission within 60 days after submission of its final report.

College Opportunity Act of 1991

United States · United States Congress · 2 August 1991

College Opportunity Act of 1991 - Title I: Institutional Aid - Amends the Higher Education Act of 1965 (HEA) with respect to institutional aid to historically black colleges and universities. Authorizes the use of grant funds to: (1) establish or enhance a program of teacher education designed to qualify students to teach in public elementary or secondary schools in the State; and (2) perform other proposed activities specifically approved by the Secretary of Education (the Secretary). Increases the minimum allotment to institutions. Revises a list of eligible professional or graduate institutions to eliminate the qualifier "independent" and to add: (1) during any fiscal year, either the Thurgood Marshall School of Law or the College of Pharmacy and Health Sciences (Graduate Program) (but not both), Texas Southern University; (2) North Carolina Central University School of Law; (3) Florida A & M College of Pharmacy and Pharmaceutical Sciences (Graduate Program); and (4) Xavier University of Louisiana School of Pharmacy (Graduate Program). Sets forth special rules relating to the funding of such new institutions and others already on the list. Requires that Morehouse School of Medicine (an institution already on the list) receive at least a special minimum amount during a certain period when funding of such institutions may be ratably reduced. Repeals specified provisions for a challenge grant program for certain types of institutions. Revises provisions for endowment challenge grants program to: (1) reduce from ten years to five years the period after a grant has ended during which an institution is ineligible to reapply; (2) increase the maximum amount of such a grant to an institution in fiscal years when the appropriation exceeds a specified amount; and (3) eliminate the maximum limitation in any fiscal year when the appropriation exceeds a higher specified amount. Extends the authorization of appropriations for programs covered by this title. Requires the Secretary to set aside certain funds for challege grants to historically black colleges and universities. Title II: Student Assistance - Part A: Pell Grants - Extends the Pell Grants program. Sets forth increasing maximum amounts for individual Pell Grants through academic year 1996-1997. Requires entitlement-based allocation of Pell Grant program reimbursements of institutional advances while eliminating adjustments for insufficient appropriations. Requires institutions of higher education which have Pell Grant agreements with the Secretary to: (1) award the full amount of the Pell Grants to which their eligible students are entitled; (2) credit such awards toward student expenses; and (3) submit vouchers for reimbursement. Directs the Secretary to reimburse each institution submitting a proper voucher for the full amount of Pell Grant awards credited to eligible students. Requires each institution desiring to provide Pell grants to eligible students to enter specified types of agreements with the Secretary. Deems an institution, which has entered such an agreement, awarded such grants, and credited such awards, to have a contractual right against the United States (entitlement) to receive such reimbursements. Considers such reimbursements to be payments made for acquisition of services by contract with the Department of Education. Requires the institution to pay any amount of the Pell Grant that exceeds tuition and fees owed by the student to students who do not reside in institutionally-owned or -operated housing. Treats such amounts paid as amounts credited, and allows such funds to be used by the student to cover room, board, transportation, child care, books, and other costs of attendance. Eliminates a percentage-of-cost-of-attendance limitation on the amount of a Pell Grant. Provides for phase-in of the entitlement to Pell Grants. Part B: Perkins Loans - Revises the Perkins Loan program. Provides that no funds are authorized to be appropriated under such program: (1) after FY 1991, of initial allocations to institutions of higher education; and (2) after FY 1991, of initial allocations to institutions of higher-education; and (3) after FY 1996, to enable students who received such loans for academic years ending prior to October 1, 1991, to complete courses of study. Authorizes appropriations for administrative expenses of such program. Extends specified program provisions relating to distribution of assets from student loan funds. Requires program agreements with institutions of higher education to distribution of assets from student loan funds. Requires program agreements with institutions of higher education to provide for: (1) maintenance of a student loan fund, without additional allocations of funds from the Secretary to institutions, and with necessary modifications; and (2) an institutional option, with the Secretary's approval, to establish an income contingent repayment schedule for not more than ten percent of the total amount of student loans made in each academic year based upon specified income contingent repayment schedule in effect on September 30, 1991. Repeals authority for the Income Contingent Direct Loan Demonstration Project. Authorizes the Secretary to promulgate necessary regulations. Part C: Need Analysis - Applies simplified needs analysis to students who: (1) are receiving cash payments under the aid to families with dependent children (AFDC) program of the Social Security Act; (2) are receiving food stamps under the Food Stamp Act of 1977; or (3) qualify for and reside in public housing. Directs the Secretary to provide a streamlined application form for second-year students reapplying for student assistance and for subsequent year students from families that qualify for simplified needs analysis. States that such form shall require such students to submit concise updated information, including the relevant tax return form for the year preceding that for which the determination is made. Part D: Administration - Authorizes the Secretary to waive a specified student eligibility verification requirement for any eligible institution which the Secretary determines has had no audit exceptions for the three prior award years. Requires the Secretary, in carrying out the Robert T. Stafford Loan Program, to assure that the suspension or termination of any eligible institution based on calculation of the institution's cohort or other default rate: (1) not be arbitrary; (2) include total volume of dollars on default represented by the cohort default rate; and (3) be supported by the most accurate calculation of such rate available. Title III: Educator Recruitment, Retention, and Development - Part A: Paul Douglas Teacher Scholarships - Extends the authorization of appropriatons for the Paul Douglas Teacher Scholarships program. Extends the period of such scholarship program and increases the total maximum number of individuals who may receive scholarships under it. Establishes a minority teaching incentive award of an additional $1,000 for each year of such a scholarship, which the State agency must agree to pay to any minority recipient who agrees to perform the required teaching under such scholarship program in an elementary or secondary school of a local educational agency with a significant number of minority students. Requires statewide panels to give priority when selecting new scholarship recipients to applicants who are members of groups underrepresented in the teaching profession, such as minorities and individuals with disabilities. Part B: Christa McAuliffe Fellowships - Extends the authorization of appropriations for the Christa McAuliffe Fellowship program for teachers. Part C: New Teacher Programs for the Improvement of the Education of Minorities - Provides for teacher recruitment for the improvement of the education of minorities. Authorizes the Secretary to make grants to institutions of higher education with schools or departments of education to pay the Federal share of programs to: (1) recruit, prepare, and train students to become elementary and secondary school teachers; and (2) place students as teachers in urban and rural local educational agencies having 50 percent minority student enrollment in their elementary and secondary schools. Requires special consideration to be given to historically black colleges and universities in making such grants. Sets forth requirements for grant uses, applications, and Federal share. Authorizes the Secretary to make grants to partnerships composed of institutions of higher education and local educational agencies for programs to identify and encourage minority students in the seventh through twelfth grades to aspire to and prepare for careers in elementary and secondary school teaching. Authorizes grants to consortia of institutions of higher education with special expertise which have entered a partnership agreement. Sets forth grant selection criteria, partnership agreement requirements, authorized uses of funds, and application requirements. Authorizes appropriations. Title IV: Additional Reauthorizations and Revisions Part A: Academic Libraries - Extends the authorization of appropriations for: (1) college library resources; (2) library training, research, and development; (3) strengthening of research library resources (but requiring that awards first be made to the libraries at North Carolina Central University and Clark Atlanta University); and (4) college library technology and cooperation grants. Part B: International Education - Authorizes the establishment of a program to significantly increase the numbers of African Americans and other minorities in the foreign service of the United States. Requires such academic and professional program to be established in the Institute for International Public Policy at Howard University (Washington, D.C.) (the Institute), created by this Act. Allows any institution of higher education that wishes to participate in any or all aspects of such program to enter into a Memorandum of Understanding with Howard University. Sets forth the components of the academic program of the Institute, including a junior year abroad, academic year and summer internships, a masters degree program, and Ralph Bunche International Fellowships for graduate study at Howard University or other institutions for students who agree to serve two years in the U.S. foreign service for each year of the fellowship. Requires appointment of a Board of Visitors for the Institute. Sets forth matching requirements and provisions for gifts and donations. Requires Howard University and any institutions of higher education in consortium with it to delegate to a nonprofit institution in the District of Columbia the administration of the Foreign Service Examination preparative and the International Careers Program, which may include the Junior Year Abroad and the Academic Year and Summer Internship programs. Authorizes appropriatons. Part C: Graduate Education - Revises the program for grants to institutions to encourage minorities to enter the higher education professorate (currently, grants to institutions to encourage minority participation in graduate education). Directs the Secretary to make grants to institutions of higher education (or to nonprofit organizations associated with such institutions with a demonstrated record of enhancing minority access to graduate education), in consortia with historically black colleges and universities and other institutions with significant enrollments of African Americans, Asian Americans, Hispanic Americans, and Native Americans. States that such grants shall enable such institutions to: (1) identify talented canidates for and recipients of baccalaureate degrees and faculty who wish to enter or continue in the higher education professorate; and (2) provide such students and faculty with stipends and fellowships to assist them in obtaining a doctoral degree and returning to an institution of higher education to teach. Designates such fellowships as the Augustus F. Hawkins Fellowships. Sets forth application and selection requirements. Requires each Hawkins Fellowship recipient to agree to teach at an institution of higher education for two years for every one year of fellowship assistance, or else repay the fellowship. Sets forth repayment procedures and exceptions.

To amend the Higher Education Act of 1965 to establish a Commission on Graduate Education.

United States · United States Congress · 2 August 1991

Amends the Higher Education Act of 1965 to establish a Commission on Graduate Education. Directs the Commission to transmit to the President and the Congress an interim report within one year after its first meeting and a final report within two years after its first meeting. Terminates the Commission two years after its first meeting. Authorizes appropriations.

To amend the Higher Education Act of 1965 to provide more stringent requirements for the Robert T. Stafford Student Loan Program, and for other purposes.

United States · United States Congress · 2 August 1991

Amends the Higher Education Act of 1965 (HEA) to revise requirements for the Robert T. Stafford Student Loan Program. Revises requirements for guaranty agreements for reimbursing losses. Requires a guaranty agency that receives reimbursement payment from the Secretary of Education (the Secretary) to: (1) assign, within 30 days of payment receipt, to the Secretary the promissory note for the loan on which such payment has been made. Makes such agency liable to the United States for collection costs if the Secretary succeeds in collecting any payment on such note from the borrower. Requires that any funds thus collected be deposited in the student loan insurance fund. Requires a guaranty agency which has made payment on a default claim to file for such reimbursement by the later of: (1) the 45th day after making such payment; or (2) the 270th day after the loan became delinquent with respect to any installment. Prohibits the Secretary from making any such reimbursement to a guaranty agency when a default claim is based on inability to locate the borrower, unless the guaranty agency demonstrates, in the filing for reimbursement, that diligent attempts have been made to locate the borrower through all skip-tracing techniques, including skip-tracing assistance from the Internal Revenue Service, credit bureaus, and State motor vehicle departments. Repeals specified provisions relating to the Secretary's equitable share of payments made by the borrower. Revises requirements for disbursement of student loans. Prohibits an eligible lender from selling a promissory note for any loan made, insured, or guaranteed under the Stafford Program until all proceeds of such loan have been disbursed. Requires the seller and purchaser of any such loan to notify the borrower at the time of its sale as to the sale and its effects on the borrower. Repeals specified provisions which: (1) limit imposition of civil penalties on lenders or guaranty agencies for specified violations, failures, or misrepresentations; (2) allow them to correct such violations to avoid liability for such penalties prior to an enforcement action; and (3) deem as a single violation subject to a single penalty a number of such violations which arise from a specific practice. Revises the definition of due diligence to cover the making (as well as the servicing and collection) of loans insured under the Stafford Program. Revises provisions for the Student Loan Marketing Association (Sallie Mae). Authorizes the Secretary of the Treasury to make necessary rules and regulations to ensure that the purposes for which Sallie Mae was established are accomplished. Authorizes the Secretary of Education and the Secretary of the Treasury to: (1) examine and audit Sallie Mae's books and financial transactions; and (2) require Sallie Mae to report on its activities. Requires Sallie Mae to provide for the conduct an annual independent compliance audit (in addition to financial audit requirements) by an independent certified public accountant in accordance with Federal standards, to determine its compliance with HEA. Grants such auditor and the Inspector General access to all items necessary for such audit. Establishes Stafford Program requirements for State approval of proprietary trade schools. Requires such approval to consist of a qualitative review and assessment of the school's facilities and activities, including on-site inspection. Requires that such State higher education agency approval extend for a period of not more than three years. Sets forth proprietary school application approval requirements, State approval criteria, and revocation procedures. Requires separate certification, approval, and accreditation to be obtained if a proprietary trade school or branch changes ownership resulting in a change of control, or if the school opens a new branch. Revises general provisions for program participation agreements, for all HEA student assistance programs, to remove requirements that certain hearings be on the record. Revises HEA to require each loan servicing agency and entity acting as a secondary market to provide for the conduct of annual independent compliance and financial audits. Requires reports to the Secretary on any financial interest held in any other entity participating in any student assistance program by officers, directors, employees, and consultants of specified entities engaged in making decisions or providing advice on administration of any such program or funds or the eligibility of any entity or individual to participate. Amends the Department of Education Organization Act to establish: (1) the position of Assistant Secretary for Student Financial Assistance; and (2) the Office of Student Financial Assistance Oversight and Enforcement, to be administered by that Assistant Secretary. Authorizes the Commissioner of the Social Security Administration, or a designee, to assist the Secretary in determining if Stafford Program student loan borrowers are using true and correct social security numbers when applying for such loans. Requires Federal and State financial regulatory agencies to provide the Secretary with information pertaining to an institution participating in any HEA student financial assistance program, upon a request pursuant to the Secretary's request pursuant to the Secretary's oversight responsibilities. Requires the Inspector General to review and report to the Congress on the role of guaranty agencies within the Stafford Program, examining their operations and relationship with State governments.Requires such report to consider and make recommendations on specified topics, including increasing agency oversight of proprietary trade schools, increasing disincentives for high default rate portfolios, and consolidation or elimination of the agencies role. Directs the Secretary to report to the Congress: (1) on the advisability of statutory protection for officials of accrediting agencies involved in the performance of legitimate Stafford Program activities; and (2) on the feasibility of setting limits on the type of proprietary trade school education that Federal funds should subsidize. Directs the President, with the Secretary's assistance, to report to the Congress on how to: (1) develop greater support and respect for skills training; (2) determine what skills the United States needs; (3) promote the most effective balance between skills training and academic forms of postsecondary education; and (4) develop the most useful balance between Federal loans and grants in the provision of skills training.

To authorize appropriations for drug abuse education and prevention programs relating to youth gangs and to runaway and homeless youth; and for other purposes.

United States · United States Congress · 2 August 1991

Amends the Anti-Drug Abuse Act of 1988 to extend through FY 1994 the authorization of appropriations for specified programs for drug abuse education and prevention: (1) relating to youth gangs; and (2) for runaway and homeless youth. Directs the Secretary of Health and Human Services to report annually to specified congressional officials on the program of drug education and prevention relating to youth gangs. Includes, as grant and contract recipient under such program, consortia of local education, juvenile justice, employment and social service agencies.

National Energy Resources Act of 1991

United States · United States Congress · 2 August 1991

National Energy Resources Act of 1991 - Title I: Energy Efficiency - Subtitle A: Average Fuel Economy Standards - Amends the Motor Vehicles Information and Cost Savings Act to: (1) prescribe average fuel economy standards for passenger vehicles for model year 1996 and beyond; and (2) direct the Secretary of Transportation (the Secretary) to prescribe average fuel economy standards for non-passenger vehicles (light trucks) for model years ending before model year 1996. Prescribes average fuel economy standards for passenger automobiles for model years 1996 and thereafter. Permits persons to petition for modification of such standards. Subtitle B: Federal Energy Management - Amends the National Energy Conservation Policy Act to set a deadline by which each Federal agency shall install in Federal buildings under its control energy conservation projects with prescribed payback periods. Amends the Motor Vehicle Information and Cost Savings Act to modify the average fuel economy standards required of the Federal passenger automobile fleets. Subtitle C: Tax Treatment of Transportation Benefits Provided by Employer - Amends the Internal Revenue Code to prescribe tax treatment of qualified transportation benefits. Subtitle D: Amendments to Public Utility Regulatory Policies Act of 1978 - Amends the Public Utility Regulatory Policies Act of 1978 to mandate that each State regulatory authority adopt a specified Federal standard regarding gas and electric utility incentives to implement demand-side management programs and least cost supply measures. Subtitle E: Energy and Water Conservation Subsidies - Amends the Internal Revenue Code to declare that gross income shall not include the value of any subsidy provided by a public utility to a customer for the purchase of installation of any energy or water conservation measure. Subtitle F: Development of Recycling Markets - Directs the Secretary of Commerce to establish within the Department of Commerce the Bureau of Recyclable Commodities to promote the use of recovered materials diverted from solid waste. Prescribes implementation measures. Subtitle G: State and Local Building Codes - Amends the National Energy Conservation Policy Act to direct the Secretary of Energy to establish: (1) a program to provide technical assistance to States and localities to update energy efficiency provisions of residential and commercial building codes; and (2) a task force to advise in the development of such program. Prescribes implementation measures. Subtitle H: Lighting Standards and Labeling - Directs the Secretary of Energy to establish test procedures and develop an energy conservation standard for lamps, motors, commercial air conditioners, and heating equipment. Title II: Domestic Resources - Subtitle A: Coal Technologies - Directs the Secretary of Energy to: (1) conduct and report to certain congressional committees on a research and demonstration program for advanced coal-based technologies to achieve the control of certain oxides and the development of cost-effective energy technologies; and (2) submit to the Congress a research, development and demonstration plan for technologies for the non-fuel use of coal. Subtitle B: Strategic Petroleum Reserve Amendments - Amends the Energy Policy and Conservation Act to grant the President additional authority to drawdown or distribute reserves pursuant to the Strategic Petroleum Reserve Plan if it is determined that implementation of the Distribution Plan would assist in relieving severe economic problems directly related to a significant increase in petroleum product prices. Directs the Secretary of Energy to implement during FY 1992: (1) a program for filling the Reserve at a specified annual rate so that the quantity of crude oil in storage within the Reserve reaches a specified level; and (2) a regional refined product reserve in the northeast region of the United States. Subtitle C: Used Oil Recycling Program - Requires certain producers and importers of lubricating oil to refine, re-refine, or re-process used oil into petroleum products in an amount determined according to specified formula. Requires the Secretary of Energy to issue regulations implementing such requirement. Authorizes appropriations. Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from listing or identifying used oil as a hazardous waste. Subtitle D: Transportation of Natural Gas - Amends the Natural Gas Policy Act of 1978 to authorize the Federal Energy Regulatory Commission (FERC) to permit: (1) any interstate pipeline to transport natural gas on behalf of any other person; and (2) the construction of natural gas transportation facilities. Makes FERC the lead agency with primary authority for National Environmental Protection Act compliance for such construction projects. Title III: Alternative Energy - Subtitle A: Alternative Fueled Vehicles - Sets forth a timetable by which certain percentages of Federal fleets of passenger automobiles or light-duty trucks must use alternative fuels. Subtitle B: Tax Incentives for Production of Electricity From Renewables - Amends the Internal Revenue Code to provide tax credits for the production of electricity from solar, wind, or geothermal sources (i.e. renewable resources) for a ten-year period. Title IV: Research and Development - Subtitle A: Joint Ventures for Renewable Energy Development for Oil Displacement - Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 to direct the Secretary of Energy to solicit proposals and provide financial assistance to joint ventures for the commercialization of specified renewable energy technologies, and for the demonstration of fuel cells technology. Authorizes appropriations. Subtitle B: Technology Transfer - Amends the Atomic Energy Act of 1954 to authorize the Nuclear Regulatory Commission (NRC) to use the resources of the Department of Energy to enhance educational opportunities in science, mathematics and engineering for American students and educators in order to improve the scientific competitiveness of the United States. Directs the Secretary of Energy to establish programs that use the scientific resources of the Department of Energy to promote technology transfers and enhance technology commercialization. Authorizes appropriations. Subtitle C: Research Funding Priorities - Sets forth criteria for research funding priorities. Subtitle D: Math and Science Education Programs - Amends the Atomic Energy Act of 1954 to authorize the NRC to use the resources of the Department of Energy in cooperation with the Department of Education to enhance educational opportunities in science and mathematics for American students and educators. Directs the Secretary of Energy, in cooperation with the Secretary of Education, to: (1) establish programs using Department of Energy measures to enhance mathematics and science education in the United States; and (2) make grants (or enter into cooperative agreements with appropriate entities) to develop a comprehensive primary and secondary school math and science curriculum regarding the interdependency of energy and the environment. Title V: Low Income, Affordability, and State Programs - Amends the Energy Conservation and Production Act to authorize appropriations through FY 1996 for: (1) the weatherization assistance program; and (2) the energy conservation program for schools and hospitals.