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Bill· HRH.R. 1692 (102nd)referred
United States · United States Congress · 10 April 1991
Comprehensive Long-Term Care for the Elderly Act of 1991 - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to entitle individuals eligible for part A benefits who are unable to perform at least two specified daily living activities without assistance to comprehensive long-term care provided by nursing homes and home health care services providers under applicable State case management plans. Describes the home-based items and services covered under Medicare. Outlines administrative provisions governing payment for services (including coinsurance payments for nursing home care) and development of case management plans. Amends part B (Supplementary Medical Insurance) of the Medicare program to provide for coverage of in-home care furnished to a chronically dependent individual for up to 80 hours in any calendar year. Amends the Internal Revenue Code to permit taxpayers with qualified elderly dependents in their households an income tax credit of $1,000 per dependent, and $5,000 per severely impaired dependent. Phases down such credits for adjusted gross incomes over $150,000. Amends the Older Americans Act of 1965 to: (1) establish a sliding fee scale for recipients of services; (2) reauthorize at unspecified levels and extend through FY 1995 funding for various services; (3) require training for service providers providing services to older individuals; and (4) restrict solicitation of voluntary contributions. Amends the Domestic Volunteer Service Act of 1973 to reauthorize funding at unspecified levels for the Senior Companion Program through FY 1993.
Law· HJRESH.J.Res. 212 (102nd)enacted
United States · United States Congress · 10 April 1991
Designates the week beginning February 16, 1992, as National Visiting Nurse Associations Week.
Bill· HJRESH.J.Res. 211 (102nd)referred
United States · United States Congress · 10 April 1991
Designates the week of June 1 through June 7, 1991, as National Polio Awareness Week.
Bill· SS. 773 (102nd)open
United States · United States Congress · 22 March 1991
Amends title XIX (Medicaid) of the Social Security Act to establish a part B (Health Services Access) under such title to fund grants to federally-qualified health centers (FQHCs) and other entities and organizations for the expansion and development of primary health care service programs for medically underserved populations. Sets forth the eligibility criteria for such grants and the requirements applications for such grants most meet. Outlines limitations on the use of grant funds. Establishes different priorities for the awarding of grants, with the highest priority for those FQHCs and other entities proposing to expand operations to serve medically unserved populations with the highest degree of unmet need in the most efficient manner. Requires entities and organizations receiving program funds to return excess revenues to the Secretary. Requires the Secretary to terminate grants to entities which fail to meet certain requirements. Directs the Secretary to study and report to the Congress on the relationship between community health centers and hospitals in providing such services.
Bill· HRH.R. 1645 (102nd)referred
United States · United States Congress · 22 March 1991
COBRA Displaced Family Amendments of 1991 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (the Acts) to declare that specified provisions relating to the required period of group health plan continuation coverage do not apply to the qualifying events of death, divorce, or legal separation involving a beneficiary who is 50 years old or older. Requires that coverage continue until the 23rd birthday, or 36 months after the qualifying event, whichever is later, for an individual who is a dependent child beneficiary at the time of such an event involving a covered employee 50 years old or older. Amends the Acts to modify: (1) the termination of extended coverage for disability and the general rule for other qualifying events, as they relate to the maximum required period of continuation coverage; and (2) dates by which certain notices must be given. Amends the Acts to require that notice of the option to enroll under a conversion plan be given during the 120-day period ending 60 days before the expiration of the continuation coverage. (Current law requires such notice be given during the 180-day period ending on the expiration date of the continuation coverage.)
Bill· HRH.R. 1633 (102nd)referred
United States · United States Congress · 22 March 1991
World Summit for Children Implementation Act of 1991 - Provides for assistance in implementing the plan of action adopted by the World Summit for Children. Expresses the sense of the Congress that: (1) the U.S. Government should commit to increasing participation in the special supplemental food program for women, infants, and children under the Child Nutrition Act (the WIC program) by 20 percent per year in FY 1992 through 1996, to reach full participation by the end of FY 1996; and (2) specified minimum amounts should be appropriated for the WIC program in FY 1992 and 1993 to reach such full participation goal. Expresses the sense of the Congress that the commitment to provide full funding for the Head Start Program, contained in the Human Services Reauthorization Act of 1990, should be implemented in order that the goal of full participation of all eligible three- and four-year-old children can be reached by FY 1994. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to undertake a Children's Vaccine Initiative. Requires that the Director of the National Vaccine Program: (1) plan and coordinate the Initiative; and (2) ensure that the Public Health Service conducts vaccine research, production, and delivery activities under the Initiative in collaboration with non-governmental institutions and with other Federal agencies to ensure the full use of U.S. scientific and industrial capacity to prevent infectious disease. Authorizes appropriations for FY 1992 and 1993. Authorizes appropriations for FY 1992 and 1993 for contributions to the United Nations Children's Fund for activities to promote child health and other assistance programs for children (to carry out specified provisions of the Foreign Assistance Act of 1961). Amends the Foreign Assistance Act of 1961 (the Act) to authorize appropriations for FY 1992 and 1993 for special health needs of children and mothers under the Child Survival Fund. Requires that specified minimum amounts of funds under various provisions for FY 1992 and 1993 be reserved only for such specified child survival activities. Expresses the sense of the Congress that authorization, in such amounts as may be required, should be granted to the President to exercise the (Public Law 480) debt authority with respect to least developed countries that are pursuing reforms to promote long-term economic development (as provided in specified provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended by the Food, Agriculture, Conservation, and Trade Act of 1990). Amends the Act to establish a Vitamin A Deficiency Program. Reserves for such Program specified amounts in FY 1992 and 1993 from funds for development assistance for agriculture, rural development, and nutrition. Amends the Act to direct the President, in carrying out provisions for development assistance for health-related activities, to promote, encourage, and undertake activities relating to research on, and treatment and control of, acquired immune deficiency syndrome (AIDS) in developing countries. Authorizes appropriations for FY 1992 and 1993, for such purpose, to the International AIDS Prevention and Control Fund. Provides that such amounts shall be in addition to other amounts available for such purpose. Amends the Act to reserve specified amounts in FY 1992 and 1993, from funds for development assistance for education and under other provisions of the Act, for international basic education, including early childhood education, primary education, teacher training, other support activities, and adult literacy training. Expresses the sense of the Congress that at least specified minimum amounts should be appropriated for the Migration and Refugee Assistance account, and that at least specified minimum portions of such funds should be reserved for programs of refugee assistance overseas (in addition to amounts available for programs for Soviet, Eastern European, and other refugees resettling in Israel). Amends the Act to replace provisions for certain disadvantaged children in Asia with provisions for assistance to children in exceptionally difficult circumstances. Includes among such children street children, AIDS orphans, other orphaned and abandoned children, and children displaced by armed conflict, poverty, famine, or other disasters. Reserves specified minimum portions of certain funds under the Act in FY 1992 and 1993 for assistance for such children. Requires that such assistance be made available in accordance with policies and general authorities under certain disaster assistance provisions. Directs the President to report annually to the Congress on U.S. contributions to the achievement of the goals of the World Summit for Children, including U.S. efforts to achieve such goals in the United States and in other countries, with an analysis of past, current, and planned funding levels.
Bill· HRH.R. 1656 (102nd)referred
United States · United States Congress · 22 March 1991
Trauma Center Revitalization Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for the operating expenses of trauma-care centers with substantial uncompensated costs in areas with significant violence arising from drug abuse. Gives priority to centers: (1) receiving State or political subdivision support not connected to any Federal program; or (2) in areas where a trauma center has ceased participation, or because of uncompensated costs will be unable to participate, in the trauma care system. Limits support for a center to three years, subject to extension by the Secretary for one additional year. Authorizes appropriations.
Bill· HRH.R. 1643 (102nd)referred
United States · United States Congress · 22 March 1991
Superfund Liability Clarification Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude from the definition of "owner or operator," for purposes of limiting liability for releases of hazardous substances, a person who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect a security interest in such vessel or facility. Defines "indicia of ownership" as evidence of interests in real or personal property held as security for a loan or other obligation. Applies such exclusion to mortgage lenders, insured depository institutions, or Federal lending institutions (lenders) that acquire such vessels or facilities through foreclosure or that conduct a restructuring of a loan or other extension of credit in compliance with specified guidelines. Specifies that "participation in the management of a vessel or facility" (by the lender) for purposes of such Act (in which case such exemption would not apply) does not include: (1) the sale of collateral; (2) actions taken by a lender to comply with such procedures or guidelines, including the conduct of a Phase I Environmental Audit of the vessel or facility; (3) actions taken by a lender to responsibly manage the vessel or facility upon learning of any contamination so as not to cause a release of a hazardous substance from or at the vessel or facility, or to harm the public health and safety or the environment, during any period while the lender is acting to administer or wind down the affairs of the owner or while diligently proceeding to pass title of the vessel or facility; (4) the status of having the capacity to affect hazardous waste disposal management decisions of the vessel or facility; or (5) engaging in so-called "work-out" activities to protect a security interest. Requires the Administrator of the Environmental Protection Agency to assure that depository and lending institutions develop and implement adequate procedures to evaluate potential environmental risks that may arise from or at vessels or facilities subject to their lending activities. States that the exclusion under such Act shall not affect the liability of a person who, by any act or omission, causes or contributes to a release or threatened release of a hazardous substance from or at a vessel or facility. Specifies that a defendant who has acquired real property establishes a rebuttable presumption that he has made "all appropriate inquiry" within the meaning of such Act if he establishes that, immediately prior to or at the time of acquisition, he obtained or conducted a Phase I Environmental Audit of the real property which meets the requirements of such Act. Defines "Phase I Environmental Audit" as an investigation of the real property, conducted by a certified environmental professional, to determine or discover any indicators of the presence or likely presence of a release or threatened release of hazardous substances on the property and which consists of a review of: (1) the recorded chain of title documents; (2) aerial photographs, maps, and other appropriate historical information which may reflect prior uses of the property and which are reasonably obtainable through State or local government agencies; (3) recorded environmental cleanup liens against the property; (4) reasonably obtainable Federal, State, and local government records of sites or facilities where there has been a release of hazardous substances and which are likely to cause or contribute to a release or threatened release of hazardous substances on the property, and other specified environmental records; (5) a visual site inspection of the property and all facilities and improvements on the property; and (6) a visual site inspection of adjacent property, to the extent permitted by the owners or operators of such property.
Law· SS. 725 (102nd)enacted
United States · United States Congress · 21 March 1991
Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 - Title I: Authorization of Fiscal year 1991 Supplemental Appropriations for Operation Desert Storm - Authorizes supplemental appropriations for FY 1991 to the Department of Defense (DOD) for its current and future balances in the Defense Cooperation Account (Cooperation Account). Requires Cooperation Account funds to be used for: (1) incremental costs associated with Operation Desert Storm; and (2) replenishment of the working capital account for DOD to be known as the Persian Gulf Working Capital Account (Capital Account). Authorizes appropriations to the Capital Account for FY 1991. Requires Capital Account funds to be used for incremental costs associated with Operation Desert Storm, but only to the extent that funds for such use are not available in the Cooperation Account. Requires Cooperation Account funds to replenish funds used from the Capital Account. Reverts Capital Account balances to the Treasury upon its termination. Authorizes funds from both Accounts to be transferred to appropriation accounts of DOD as necessary to meet Operation Desert Storm incremental costs. Increases the transfer authority provided in current law for DOD transfers to accomodate such increased transfer authority. Requires all such transfers to comply with a congressional notice-and wait requirement. Requires monthly reports through FY 1992 on such transfers to the Senate and House Armed Services Committees (the defense committees) and to the Comptroller General. Title II: Waiver of Personnel Ceilings Affected by Operation Desert Storm - Authorizes the Secretary of the military department concerned to waive any military personnel end strength in such department as prescribed in the National Defense Authorization Act for Fiscal Year 1991. Allows certain grade strength limitations to be suspended. Requires such Secretary to certify to the defense committees that the exercise of such authority is necessary because of personnel actions relating to Operation Desert Storm. Authorizes additional appropriations to DOD from the Cooperation Account for increases in military personnel costs for FY 1991 through 1995 resulting from the exercise of such waiver and suspension authorities. Title III: Benefits for Persons Serving in the Armed Forces During the Persian Gulf Conflict - Part A: Military Compensation and Benefits - Increases, as of August 1, 1990, the rate of special pay for duty subject to hostile fire or imminent danger. Terminates such increase 180 days after termination of the Persian Gulf War. Increases from $60 to $75 the monthly family separation allowance for the period beginning January 15, 1991, and ending at the beginning of the first month after a 180-day period after the end of the Persian Gulf conflict. Requires that the variable housing allowance being paid to reserve members called to active duty in the Persian Gulf be calculated using the rate to which the member is entitled in the area of the member's principal place of residence in lieu of a permanent duty location. Authorizes the payment of active duty special pay to reserve optometrists, veterinarians, nurse anesthetists, and certain other non-physician health care providers called or ordered to active duty in connection with activities in the Persian Gulf. Authorizes the payment of such special pay to physicians, dentists, optometrists, veterinarians, nurse anesthetists, and other non-physician health care providers who are: (1) involuntarily retained on active duty; (2) recalled to active duty; or (3) agreeing to remain on active duty for less than one year in connection with the Persian Gulf Conflict. Authorizes continued payment of board certification pay to physicians, dentists, and other health care providers who have completed residency training and were scheduled for board certification or recertification, but were unable to complete such process due to a duty assignment in connection with the Persian Gulf conflict. Conditions such payments upon the completion of such certification or recertification requirements within 180 days after release from such duty assignment or such additional time thereafter as determined necessary by the Secretary of Defense. Requires foreign language proficiency pay to be paid to members assigned to duty in connection with the Persian Gulf Conflict who meet all eligibility criteria for such pay except that they have not been certified by the Secretary concerned to be proficient in a foreign language necessary for national defense purposes. Conditions such payment upon the completion of such certification within 180 days after release from such duty assignment or such additional time thereafter as determined necessary by the Secretary. Establishes a death gratuity of $6,000 for all deaths resulting from injury or illness incurred during the Persian Gulf Conflict or 180 days after such conflict. Directs the Secretary to pay a death gratuity to each Servicemen's Group Life Insurance (SGLI) beneficiary of each deceased member of the armed forces who died after August 1, 1990, and before the date of enactment of this Act. Makes the amount of such death gratuity an amount equal to the SGLI coverage at the time of death. Requires the appropriate SGLI recipient to make application to the Secretary for the payment of such death gratuity within one year after the enactment of this Act. Entitles survivors of members who die as a result of injury or illness sustained while on active duty during the Persian Gulf War to payment for all accrued leave of such member. (Currently, there are limitations to the authorized build-up of such leave.) Removes the ceiling on savings deposit for service members carried in a missing person status during the Persian Gulf Conflict. Requires the payment of a basic allowance for quarters to reserve members without dependents called to active duty in connection with the Persian Gulf Conflict who are unable to occupy the primary residence owned or rented by such member because of such active duty. Part B: Military Personnel Policies and Programs - Allows a retired member of the armed forces who is ordered to return to active duty in connection with Operation Desert Storm to be ordered to such active duty in the highest grade in which the member previously satisfactorily served on active duty. States that a member ordered to active duty in a grade higher than his or her retired grade shall be deemed to have been promoted to such grade. Delays until October 1, 1991, the implementation of a required increase in the annual deductible for services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) in the case of dependents of active duty personnel serving or who have served in connection with the Persian Gulf Conflict. Allows any health care provider furnishing health care under CHAMPUS to dependents of military personnel serving on active duty in the Persian Gulf to waive any required copayment from such dependents during the Persian Gulf Conflict. Requires the provider to certify to the Secretary of Defense that the amount charged to the Government under such waiver was not increased above the amount the provider would have charged the Government had the payment not been waived. Provides certain transitional health care benefits under CHAMPUS to reservists called to active duty in connection with the Persian Gulf Conflict, and to active duty personnel involuntarily retained on active duty or voluntarily agreeing to remain on active duty for less than one year in connection with Operation Desert Storm. Provides such transitional health care for 30 days after release from active duty or the date on which the member and his or her dependents are covered by an employer-sponsored health plan. Provides such coverage for dependents of such reservists or active-duty personnel. Amends the National Defense Authorization Act for Fiscal Year 1991 to remove certain fiscal year restraints in such Act concerning spending in support of the Persian Gulf Conflict. Directs the Secretary to carry out a study of DOD policies relating to the family interests and responsibilities of reserve members called to active duty and of active and reserve members deployed overseas. Requires a report on study results. Amends the National Defense Authorization Act for Fiscal Year 1991 to extend to October 1, 1991, the effective date for certain reductions in inpatient mental health services to be implemented under such Act. Provides funding from the Cooperation Account to pay for the costs incurred in delaying such reductions in services. Expresses the sense of the House of Representatives that armed forces policy should provide that mothers of newborn children under six months of age shall not be: (1) deployed on active duty; or (2) activated if such activation requires separation from such child, or deployed, in the case of a mother serving in the reserves. Part C: Veterans Benefits and Programs - Persian Gulf War Veterans' Benefits Act of 1991 - Amends Federal veterans' benefits provisions to include the Persian Gulf War within the definition of "period of war" for purposes of eligibility for general veterans' benefits, veterans' pensions, and survivors' benefits for a veteran's spouse and dependents. Requires, in the case of pension eligibility of the surviving spouse of a Persian Gulf War veteran, that such spouse marry the veteran before January 1, 2001. Extends the eligibility for one-time dental care for dental conditions found to have been incurred while on active duty to those who served at least 90 days on active duty during the Persian Gulf War. Extends to such veterans a presumption of service-connection for psychosis that becomes manifest within two years from discharge from active duty and before the end of the two-year period beginning on the last day of the Persian Gulf War. Makes veterans of the Persian Gulf War and subsequent wars eligible for drugs and medicine required due to being permanently housebound or in need of regular aid and attendance. Directs the Secretary of Veterans Affairs to furnish readjustment counseling to any veteran who served on active duty after May 7, 1975, in an area at a time during which hostilities occurred in such area. Defines "hostilities" as an armed conflict comparable to the danger members are subjected to in combat with enemy forces during a period of war. Requires the Secretaries of Defense and Veterans Affairs to each submit two reports to the Congress concerning the need for rehabilitative services for military personnel participating in the Persian Gulf War who experience post-traumatic stress disorder. Increases from $50,000 to $100,000 the maximum amount of life insurance coverage available to servicemen and veterans under the SGLI and Veterans' Group Life Insurance programs. Directs the Secretary of Veterans Affairs to ensure that persons insured under either program are notified of such increase and given an opportunity to increase their coverage. Increases the monthly educational assistance benefits available to active-duty military personnel under the Montgomery GI Bill to: (1) $350 for those serving on active duty for three years or more; and (2) $275 for those serving two years on active duty. Authorizes the Secretary of Veterans Affairs, after FY 1993, to continue such increased rates and to further increase such rates to reflect increases in the Consumer Price Index. Increases in FY 1992 and 1993 the monthly educational assistance benefits available to reserve members serving at least six years in the reserves to: (1) $170 for full-time study; (2) $128 for three-quarter-time study; and (3) $85 for half-time study. Authorizes the Secretary of Defense, after FY 1993, to continue such increased rates and to further increase such rates to reflect increases in the Consumer Price Index. Authorizes veteran representatives of the Persian Gulf War to be included on the Veterans' Advisory Committee on Education. Revises veterans' reemployment rights with respect to disabled veterans to state that a person shall be considered qualified for an employment position if such person, with or without reasonable accommodation, can perform the essential functions of such position. Requires the employer to make reasonable accommodations to the known physical or mental limitations of the individual disabled, unless the employer can demonstrate that the accommodation would impose an undue hardship on its business. Excludes employers employing less than a certain number of personnel as of a specified date from such requirements. Requires an employer to make reasonable efforts to requalify a service member returning to his or her employment position held before such service. Makes each veteran who served on active duty for 90 days or more during the Persian Gulf War eligible for housing loan benefits under the veterans' home loan program. Part D: Federal Employee Benefits - Directs the Office of Personnel Management (OPM) to establish a leave bank program under which: (1) employees of any executive agency may donate any unused annual leave to a leave bank established by OPM; (2) the total donated annual leave is divided equally among the annual leave accounts of employees who have been members of the armed forces serving on active duty during the Persian Gulf War and who return to civilian employment with their agencies; and (3) such participants may use such donated annual leave in the same manner as any other annual leave to their credit. Directs the Secretary of Veterans Affairs to establish a similar program for the benefit of health-care professionals returning to employment within the Department of Veterans Affairs. Part E: Higher Education Assistance - Persian Gulf Conflict Higher Education Assistance Act - Directs the Secretary of Education to waive or modify any statutory or regulatory provision applicable to the student financial aid programs under title IV of the Higher Education Act of 1965 in order to ensure that men and women serving on active duty during the Persian Gulf War who are borrowers of student loans under such Act are not placed in a worse position financially in relation to those loans because of such service. Requires the Secretary to publish such waivers or modifications in the Federal Register. Expresses the sense of the Congress that all institutions offering postsecondary education should provide a full refund or credit to any reserve member serving on active duty in the Persian Gulf for the portion or period of instruction such member was unable to complete because the individual was called up for such service. Directs the Secretary of Education to report to the Congress on the implementation of this provision. Amends the Public Health Service Act to exempt members of the armed forces from required payments on loans under such Act for the training of professional health personnel for the duration of active duty during the Persian Gulf conflict. Terminates the provisions concerning student loan modifications and waivers, and interrupted education refunds or credits, as of the end of FY 1997. Part F: Programs for Farmers and Ranchers - Directs the Secretary of Agriculture (the Secretary, for purposes of this part), with respect to a producer on a farm who is an activated reservist (called or ordered to active duty in the Persian Gulf) during a crop year, to provide for the protection of the producer's crop acreage base for any crop to the extent necessary to provide fair and equitable treatment. Allows producers on a farm to be eligible for payments for rice or upland cotton under the Agricultural Act of 1949 without regard to minimum planting requirements of such Act if: (1) one or more of the producers is an activated reservist during any part of the crop year; and (2) the producers satisfy all other appropriate requirements. Authorizes the Secretary to provide for a temporary waiver or modification of the application of subtitles A through E of title XII of the Food Security Act of 1985 (erodible land conservation requirements): (1) for the period during which the producer is an activated reservist; (2) if necessary to prevent undue hardship caused as a result of the producer's active duty during the Persian Gulf War or to provide equitable treatment; and (3) if the waiver or modification will not significantly detract from the purposes and objectives of such subtitles. Requires a report from the Secretary concerning temporary waivers and modifications so granted. Directs the Secretary to establish a program to provide relief to any borrower under any farmer program loan under the Consolidated Farm and Rural Development Act if the borrower is an activated reservist. Directs the Secretary to modify the terms and conditions of such loans in order to alleviate conditions of distress and to assist in keeping the farm or ranch of an activated reservist in operation until his or her return. Allows the Secretary to modify loans or to take other specified action in order to maintain a farm or ranch until the reservist returns. Requires the Secretary to notify persons operating a farm or ranch of an activated reservist who is a farmer program borrower of these relief provisions. Authorizes the Secretary to provide for procedures by which the spouse or other close relative of an activated reservist may participate in, or make decisions related to, a program administered by the Secretary under the Agricultural Act of 1949 or other specified Acts concerning the operation of the activated reservist's farm or ranch. Allows the Secretary to rely on the representations of the spouse or close relative made under such procedures, under certain conditions. Directs the Secretary to conduct outreach projects in order to inform households of which a member is serving on active duty in the armed forces of possible eligibility for participation in the Food Stamp Program authorized under the Food Stamp Act of 1977. Requires the Secretary to report on the effectiveness of the outreach projects. Part G: Budget Treatment - Authorizes supplemental appropriations from the Cooperation Account for the payment of new or enhanced benefits authorized under title III of this Act for FY 1991 through 1995, with specified spending prohibitions. Authorizes appropriations from the Cooperation Account for title III costs accruing after FY 1995. Provides that certain title III benefit costs are to be considered incremental costs associated with Operation Desert Storm. Prohibits the payment of any title III benefit payable during FY 1991 through 1995 unless funds are specifically appropriated from the Cooperation Account for transfer to the applicable appropriations. Prohibits payment of Montgomery GI Bill rate increases during FY 1992 or 1993 unless a specific appropriation from the Cooperation Account for such purpose occurs. Title IV: Reports on Foreign Contributions and the Costs of Operation Desert Storm - Requires the Director of OMB to prepare periodic reports on the incremental costs associated with Operation Desert Storm and the contributions made to the United States by foreign countries to offset these costs. Requires each such report to include periodic and cumulative costs, as well as nonrecurring costs and cost offsets. Requires the Secretaries of State and the Treasury to jointly prepare periodic reports on the contributions made by foreign countries as part of the international response to the Persian Gulf Crisis. Outlines specific types of contributions to be included in such report. Requires both of the above series of reports to be submitted in unclassified form, to the extent practicable. Title V: Report on the Conduct of the Persian Gulf Conflict - Directs the Secretary of Defense to report to the congressional defense committees on the conduct of the hostilities in the Persian Gulf, including a discussion of the accomplishments and shortcomings of the armed forces in such conflict, as well as casualty information. Requires a preliminary and final report on such matters. Title VI: General Provisions - Authorizes the Secretary of Defense to provide assistance to ensure that families of military personnel serving on active duty obtain needed child care services, with special focus on children of personnel serving in the Persian Gulf or otherwise deployed in connection with Operation Desert Shield. Authorizes appropriations from the Cooperation Account for such purpose. States that such funds are in addition to other funds used for child care programs for members of the armed forces. Authorizes the Secretary to provide assistance to ensure that families of military personnel serving on active duty receive educational assistance and family support services necessary to meet the needs arising out of Operation Desert Storm. Outlines provisions concerning the types of assistance, areas of assistance, and the types of educational and family support assistance to be provided. Authorizes appropriations from the Cooperation Account. Directs the Secretary of the Army to convey to Caroline County, Virginia, or the Commonwealth of Virginia all rights and interest to a parcel of land located at Fort A.P. Hill, Virginia. Directs the Secretary to identify the size and location of the property to be so conveyed. Outlines property conveyance conditions, and requires reversion to the United States if such property is not used for the construction and operation of a regional correctional facility. Prohibits housing certain prisoners in such correctional facility. Repeals a provision of the Military Construction Authorization Act for Fiscal Year 1991 made inconsistent by such provision. States that the Congress: (1) supports and endorses national, State, and local grassroots efforts to support our servicemen and women who participated in Operation Desert Storm, as well as their families at home; (2) encourages Federal, State, and local governments, as well as private business and industry, to organize task forces intended to provide support for the families of military personnel deployed in the Persian Gulf region and to organize celebrations for returning servicemen and women; and (3) encourages those governments, businesses, and industries to include Vietnam Veteran organizations in all activities conducted for the benefit of the troops returning home from Operation Desert Storm. Amends a provision of the Ethics in Government Act of 1978 relating to the filing of financial disclosure statements by certain senior Government officials to extend the time for such filing, in the case of an individual serving in the armed forces or in support of the armed forces, to a date that is the later of 180 days after the last day of the individual's: (1) service in an area; or (2) hospitalization as a result of injury received or illness contracted while serving in such area. Expresses the sense of the Congress that the Army Corps of Engineers and other Federal agencies should award contracts for the rebuilding of Kuwait, and should encourage the Government of Kuwait to award such contracts, according to the following priority: (1) to U.S. firms that are committed to employing U.S. workers under the contract; (2) to other U.S. firms; and (3) to firms from allied nations that committed troops to the liberation of Kuwait during the Persian Gulf Conflict. Expresses the sense of the Congress that any U.S. firm that receives such a contract should: (1) employ U.S. citizens under such contract; and (2) provide a preference to veterans in hiring for work under such contract. Expresses the sense of the Congress that: (1) the President should take steps to provide assistance to U.S. small and minority-owned businesses seeking to be awarded contracts for the rebuilding of Kuwait; (2) the Administrator of the Small Business Administration should conduct a public information campaign to advise such businesses about becoming so involved; and (3) U.S. firms that are awarded such contracts should award subcontracts under such contracts to U.S. small and minority-owned businesses. Directs the President to submit quarterly reports with respect to contracting for the rebuilding of Kuwait. Expresses the sense of the Congress that none of the funds appropriated or otherwise made available by any provision of law may be obligated or expended, directly or indirectly, for rebuilding Iraq while Saddam Hussein remains in power there. Directs the Secretary of Defense, as of six months after enactment of this Act, to withhold payments normally provided to a foreign nation for expenses of indirect-hire civilian DOD personnel in that nation if such nation has pledged to make contributions to the United States to assist in defraying the cost of Operation Desert Shield and has not paid the full amount so pledged. Releases amounts so withheld upon payment of the full amount pledged. Authorizes the Secretary to waive such withholding upon certification to the Congress that such waiver is in the national security interest. Requires the Secretary, in allocating to defense installations and facilities the defense acquisition workforce reductions required for FY 1991, to use considerable flexibility in order to respond to the influx of work expected to enter the defense acquisition system as a result of Operation Desert Storm. States that any installation or facility that will experience a significant workload increase during FY 1991 as a result of Operation Desert Storm activities is not required to make defense acquisition workforce reductions during FY 1991. Title VII: Miscellaneous Technical Amendments - Makes various technical, clarifying, or conforming amendments to Federal armed forces provisions, military pay and allowances provisions, National Guard provisions, and various public laws and specified Acts. Title VIII: Authorization of Supplemental Appropriations for Department of Energy National Security Programs for Fiscal Year 1991 - Authorizes appropriations for FY 1991 for: (1) operating expenses incurred in carrying out national security programs for weapons activities production and surveillance; and (2) carrying out environmental restoration and waste management programs necessary for national security programs. States that provisions contained in the National Defense Authorization Act for Fiscal Year 1991 concerning the applicability of recurring general provisions shall apply in the same manner to this title. Directs the Secretary of Energy to develop a program to relocate within ten years operations performed at the Rocky Flats Plant in Golden, Colorado, to a replacement facility at which public health and safety can be assured. Requires a report concerning implementation of such relocation.
Bill· SS. 761 (102nd)referred
United States · United States Congress · 21 March 1991
Hazardous Pollution Prevention Planning Act of 1991 - Declares it to be the national policy to achieve a 50 percent reduction in toxic chemical byproduct levels (from 1991 levels) by 1996. Requires owners or operators of facilities required to submit toxic chemical release forms under the Superfund Amendments and Reauthorization Act of 1986 to prepare Hazardous Pollution Prevention Plans. Requires a Plan to include for each chemical for which forms are required: (1) a statement of the scope and objective of the Plan; (2) an evaluation of the amount of the chemical manufactured, processed, or used for the facility and for each production unit and the quantity of byproduct for each unit; (3) an analysis of the economic impacts of the use of each chemical in the production unit; (4) two- and five-year numerical goals for reductions in the use of the chemical and byproducts of the chemical; (5) an economic and technical evaluation of all methods for achieving reductions; (6) identification of technologies, procedures, and training programs to achieve reduction goals; (7) an evaluation and quantification of the effects of the chosen hazardous pollution prevention methods on emissions to air, water, or land; (8) a schedule of implementation of each technology, procedure, and training program; and (9) a compliance certification by the chief executive officer that the Plan is being implemented and complies with this Act. Sets forth additional Plan requirements for large quantity generators. Provides for Plan updates. Authorizes the Administrator of the Environmental Protection Agency to grant a facility an extension of up to 12 months to comply with Plan requirements. Permits owners or operators to waive implementation of a Plan measure if the measure: (1) is not technically feasible; or (2) would result in adverse effects on product quality or threaten public health or the environment. Requires owners or operators to make the Plan and other relevant documents available to the Administrator or a State for inspection. Sets forth facility reporting requirements. Requires facilities to file reports with each annual filing of the toxic chemical release form. Makes reports available to the public. Directs the Administrator or a State to issue notices of noncompliance to facilities with deficient reports or Plans. Requires such facilities to submit revised reports or Plans. Authorizes States to submit hazardous pollution prevention programs to the Administrator for approval. Sets forth minimum program requirements. Requires the Administrator to make matching grants to States to provide assistance for hazardous pollution prevention planning. Limits the Federal share of grants to 50 percent of the funds made available to a State. Directs the Administrator to establish toxic chemical reduction research programs at the Hazardous Substance Research Centers operated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Requires the Administrator to establish a demonstration program to provide regulatory incentives for achieving reductions in the use of toxic chemicals and byproducts. Authorizes the Administrator to designate up to 50 facilities for inclusion in the program. Permits the Administrator to modify, for a facility included in the program, the requirements of any permit or agreement. Sets forth requirements concerning modifications. Limits modifications to periods of up to 12 months. Permits renewals of modifications, as appropriate. Requires the Administrator to identify up to five user segments which need improvements in reducing the amount of byproduct, when compared to the national goal, and in reducing the use of toxic chemicals. Designates such segments as "priority user segments." Defines a "user segment" as a class of facilities that may be distinguished by at least one of the following: (1) use of a toxic chemical or class of chemicals in its industrial processes; (2) similar industrial processes; or (3) members of a generally recognized group (Standard Industrial Classification). Directs the Administrator to designate an additional five user segments every 12 months. Requires the Administrator to publish guidance for obtaining reductions in use of toxic chemicals and byproducts at facilities within priority user segments. Directs each large quantity toxic user within a priority user segment to conduct a hazardous pollution prevention audit. Requires compliance audits at facilities which may present a threat to human health or welfare or the environment. Directs such facilities to implement recommendations contained in the audit. Requires the Administrator to conduct programs to train individuals to conduct hazardous pollution prevention and compliance audits and to certify individuals and organizations as proficient in environmental auditing. Directs the Administrator to: (1) publish a general manual of methods and protocols of environmental auditing; and (2) promulgate regulations governing the testing and certification of auditors. Limits certifications to a period of five years. Permits the Administrator to collect fees for training and certification programs. Requires the Administrator to provide for random tests of the accuracy of data and analyses conducted by organizations certified to conduct audits. Establishes an Environmental Audit Oversight Board to advise the Administrator in the implementation of audits and the certification of auditors. Sets forth provisions concerning the confidentiality of information required to be disclosed under this Act. Prescribes civil penalties for disclosure of protected information. Sets forth requirements for persons seeking protection of information. Prescribes civil penalties for specified violations of this Act. Authorizes the denial of permits to owners or operators who fail to: (1) prepare or submit a Plan, report, or updates; (2) submit information required for audits or to implement audit recommendations. Authorizes appropriations.
Bill· SS. 753 (102nd)referred
United States · United States Congress · 21 March 1991
Amends title XIX (Medicaid) of the Social Security Act to provide total Federal coverage of Medicaid services provided through Indian health facilities, rather than requiring that such services be provided through Indian Health Service facilities to qualify for such coverage.
Bill· SS. 717 (102nd)referred
United States · United States Congress · 21 March 1991
Amends title XVIII (Medicare) of the Social Security Act to extend the exclusion from the reduced reimbursement rates mandated in the Omnibus Budget Reconciliation Act of 1990 applicable to new physicians working in rural areas designated as health manpower shortage areas to new physicians working in other rural areas.
Bill· SS. 732 (102nd)referred
United States · United States Congress · 21 March 1991
Independent Nuclear Safety Board Act of 1991 - Amends the Energy Reorganization Act of 1974 to establish the Independent Nuclear Safety Board. Directs the Board to: (1) investigate events under Nuclear Regulatory Commission jurisdiction which could adversely affect public health and safety; and (2) recommend to the Commission and to the Congress measures to minimize threats to public safety. Requires the Commission to respond in writing to such recommendations, and to provide explanations for its inaction on recommendations it chooses to reject. Authorizes the Board to hold hearings and to issue subpoenas for the attendance and testimony of witnesses. Directs the Board to issue periodic reports to the Congress and various government agencies affected by activities subject to Commission jurisdiction. Requires such reports to contain: (1) specific recommendations to reduce the likelihood of nuclear events similar to those investigated by the Board; and (2) recommended corrective measures to improve safety conditions at nuclear facilities. Transfers to the Board all functions of the Office for the Analysis and Evaluation of Operational Data which relate to the Board's functions and authorities, including such personnel as the Director of the Office of Management and Budget determines are necessary. Authorizes appropriations for FY 1992 through 1997. Terminates such Board at the end of FY 1997.
Bill· SJRESS.J.Res. 108 (102nd)referred
United States · United States Congress · 21 March 1991
Designates the week beginning May 13, 1991, as National Senior Nutrition Week.
Bill· HRH.R. 1565 (102nd)referred
United States · United States Congress · 21 March 1991
Health Equity and Access Reform Today Act of 1991 - Title I: Increase in Access to Health Care and Affordable Health Insurance - Subtitle A: Provision of Insurance Through Small Employers - Part I: Small Employer Health Insurance Reforms - Provides for development by the National Association of Insurance Commissioners of model standards regarding requirements under this Act relating to: (1) offering by small employer carriers of MedAccess plans; (2) benefits under such plans; (3) guaranteed issue; (4) initial writing; and (5) premium increases. Directs the Secretary of Health and Human Services to adopt those standards or specify alternative standards. Provides for enforcement of the standards through each State. Allows a State to have more stringent standards. Directs the Secretary to enforce the standards in any State which fails to comply with enforcement or reporting requirements (Federal standard State). Amends the Internal Revenue Code tax on a small employer carrier for any failure in a Federal standard State to comply with the standards. Sets the tax at a specified percentage of the amounts received by the carrier for providing any health benefit plan to any small employer in the Federal standard State. Preempts any provision of State law with regard to a small employer health benefit plan that meets requirements of this Act relating to initial writing and premium increases. Requires each small employer carrier to offer a MedAccess Plan, defined as a plan which: (1) is designed to provide only basic hospital, medical, surgical, and preventive benefits so as to make it affordable to small employers as specified in standards under this Act; (2) is guaranteed issue; and (3) meets requirements of this Act relating to initial writing and premium increases. Defines the term, for a health maintenance organization (HMO), as a plan of the type described above, but with benefits consistent with applicable Federal or State requirements for HMOs. Requires each MedAccess plan to accept every small employer in the State that applies for coverage and every full-time employee, with associated family coverage. Provides special rules allowing HMOs to: (1) limit enrollment of employers and employees to the HMO's service area; and (2) deny coverage on the basis of inadequate capacity, provided the denial is applied uniformly without regard to health status, claims experience, or duration of coverage. Sets forth requirements for the initial writing of policies, including prohibiting limiting or excluding coverage for pre-existing conditions under certain circumstances. Limits: (1) variation of index rates between distinct groups of employers (blocks of business) as shown on the records of the carrier; (2) variation of premium rates within a block of business; and (3) transfer of employers among blocks of business. Sets forth rules for establishing blocks of business. Requires: (1) a carrier to fully disclose rating practices; (2) actuarial certification that a carrier is in compliance with these provisions and the rating methods are sound; and (3) registration of carriers with and reporting by carriers to the State insurance commissioner. Allows a carrier to condition issuance or renewal on enrollment of a minimum number or percentage of an employer's employees. Requires such conditions to be imposed uniformly on employers of the same size. Prohibits cancellation or denial of renewal other than for specified reasons, including for: (1) nonpayment of premiums; (2) noncompliance with plan provisions; (3) failure to maintain the required number or percentage of enrollees; or (4) misuse of a provider network provision. Limits premium increases. Prohibits for five years market reentry after a carrier terminates the offering of plans in an area. Provides for development by the National Association of Insurance Commissioners of models for reinsurance mechanisms for individuals and small employers who are enrolled under a small employer plan and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance mechanisms. Allows a State, in order to assure the financial solvency of the mechanism, to impose charges on any entity, including a self-insured entity, providing employee-related health benefits. Directs the Secretary to establish a mechanism for a State which fails to do so (Federal reinsurance State). Requires the mechanism in a Federal reinsurance State to charge the carrier a premium equal to 500 percent of the premium charged to a reinsured individual or 150 percent of the premium charged a reinsured group. Amends the Internal Revenue Code to impose a tax on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Ties the amount of the tax to the percentage estimated as generating sufficient revenues to carry out the reinsurance. Requires the tax to be paid by the plan provider (the carrier, the HMO, or the administrator of a self-insured plan). Allows each State commissioner of insurance to require each employer health benefit plan, including a self-insured plan, to be registered with that commissioner. Allows the Secretary to impose such a requirement with regard to a Federal reinsurance State. Part II: Requiring Employers to Offer Health Insurance to Employees - Requires each small employer to make available to each full-time employee the option to enroll the employee, and the employee's spouse and dependent children, in a MedAccess plan. Declares that the employer need not make any contribution towards the cost. Considers an employer in compliance if the employer sought coverage but the plan was not made available because an insufficient number or percentage of employees enrolled. Requires each large employer to make available to each full-time employee the option to enroll the employee, and the employee's spouse and dependent children, in a health benefits plan providing for at least the benefits required of a MedAccess plan. Declares that the employer need not make any contribution towards the cost. Defines a large employer as having 26 or more full-time employees. Amends the Internal Revenue Code to impose a tax on an employer for failure to offer a health insurance plan. Sets the amount of the tax at a specified amount per employee per year, to a specified maximum. Part III: Definitions - Sets forth definitions of terms as used in this subtitle, including defining a small employer to include certain employers with between three and 26 employees. Subtitle B: Incentives for Managed Care Plans - Amends the Internal Revenue Code to impose a tax on an employer for providing any health plan unless the plan is a cost-controlled plan or a safe harbor plan. Sets the amount of the tax at a specified percentage of the amount paid or incurred by the employer in providing the plan which is not a cost-controlled or safe harbor plan. Defines "cost-controlled health benefit plan" to mean either a managed care plan or a responsible co-payment plan. Defines "safe harbor plan" as a plan under which the average monthly employer contribution does not exceed specified levels for individual and group coverage. Increases the percentage of medical care insurance costs which a self-employed individual is allowed to deduct from income taxes. Removes provisions terminating all health care insurance deductions for self-employed individuals as of a specified date. Allows such deductions only for controlled-cost or safe harbor plans. Preempts and prohibits the enforcement of any State law that restricts: (1) carriers from negotiating reimbursement rates with providers or contracting selectively with one or a limited number of providers; (2) financial incentives a health plan may require a beneficiary to pay for using a non-plan provider on a non-emergency basis; and (3) certain aspects of utilization review. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services and report to the Congress. Declares the provisions superseding State law inapplicable after five years. Subtitle C: Study and Report - Directs the Secretary of Health and Human Services to study and report to the Congress on the impact of the changes made by this title on: (1) increasing access to health care; (2) the number of employees of small employers who do not have health insurance; (3) the cost of small employer health benefit plans; and (4) the effectiveness of MedAccess plans. Title II: Encouraging Expansion of Services to the Poor and Working Poor - Declares that the remedy provided by specified provisions of Federal law relating to claims against the United States for personal injury resulting from medical care provided by an entity receiving a grant or contract under provisions relating to migrant and community health centers, or provided by an individual employed by or under contract to such a center, shall be exclusive of any other civil action or proceeding. Directs the Attorney General to defend any civil action or proceeding brought in any court against a protected person for such injury. Directs the Secretary of Health and Human Services to certify that an entity receiving a grant or contract under such provisions has: (1) implemented policies and procedures to assure against malpractice; and (2) no history of claims against it or, if such claims exist, has fully cooperated with the Attorney General in defending against the claims and taken corrective steps. Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act relating to such centers to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Title III: Preserving and Improving Quality of Care - Directs the Secretary to develop standards for: (1) a common set of hospital clinical patient data; and (2) the confidential transfer of data in electronic form. Directs the Secretary to report to the Congress on restructuring the Medicare peer review quality assurance program given the availability of hospital data in electronic form. Amends title XVIII (Medicare) of the Social Security Act to require hospitals, in order to be eligible for Medicare payments, to: (1) maintain clinical data in electronic form on all inpatients; and (2) transmit electronically to the Secretary or a utilization and quality control peer view organization a common set of clinical inpatient hospital data relating to any individual receiving services for which certain Medicare payments may be made. Directs the Secretary to provide grants to demonstrate and conduct research on the application of comprehensive information systems in monitoring and improving patient care. Makes up to a specified amount available each year from the Federal Hospital Insurance Trust Fund for the grants.
Bill· HRH.R. 1558 (102nd)referred
United States · United States Congress · 21 March 1991
Panama Canal Act Amendments of 1991 - Amends the Panama Canal Act of 1979 to require that the authority of the President with respect to the Panama Canal Commission be exercised through the Chairman of the Board of the Commission (currently, through the Secretary of Defense). Modifies requirements regarding the Board concerning matters such as composition, appointment, quorum, and proxies. Provides for a Chairman of the Board. Requires members of the Board who are U.S. nationals to cast their votes as directed by the Chairman. Requires the Chairman (currently, the Secretary) to designate individuals entitled to the privileges and immunities accorded under provisions of the Panama Canal Treaty of 1977 (the Treaty). Removes provisions: (1) prohibiting the Commission from obligating or expending funds for administrative expenses except as provided in appropriations Acts; (2) requiring the Appropriations Committees of each House of the Congress to review the Commission's annual budget; (3) prohibiting using, for administrative expenses, funds appropriated under provisions relating to Commission emergency spending; (4) making appropriations of the Commission available for reimbursements to U.S. departments or agencies furnishing certain educational, health care, or related services; (5) authorizing claim awards to be made from appropriated funds; and (6) allowing vessel damage claims to be paid from appropriated funds. Authorizes the Commission to establish an office to close out the affairs of the Commission after the termination of the Treaty. Establishes in the Treasury the Panama Canal Commission Dissolution Fund, consisting of amounts deposited in the Fund by the Commission from tolls, plus interest. Requires inclusion of Fund deposits in calculating toll rates.
Bill· HRH.R. 1582 (102nd)referred
United States · United States Congress · 21 March 1991
Amends title XVIII (Medicare) of the Social Security Act to prohibit recognizing as reasonable costs any amounts for the direct costs of approved educational activities for approved medical residency training programs of a provider unless the provider has in effect: (1) a medical residency training program that includes a rotation in the field of geriatric medicine for all residents other than those being trained in a distinct program of general pediatrics; and (2) a two-year medical fellowship program in the field of geriatric medicine. Directs the Secretary of Health and Human Services to assign to each hospital and skilled nursing facility a number of two-year fellowships that an institution must maintain in order to meet the above requirement.
Bill· HRH.R. 1544 (102nd)referred
United States · United States Congress · 21 March 1991
Amends title XIX (Medicaid) of the Social Security Act to assure minimum payment adjustments for disproportionate share hospitals under the Medicaid program.
Bill· HJRESH.J.Res. 205 (102nd)referred
United States · United States Congress · 21 March 1991
Designates May 1991 as Neurofibromatosis Awareness Month.
Resolution· HRESH.Res. 117 (102nd)referred
United States · United States Congress · 21 March 1991
Declares that it is the sense of the House of Representatives that: (1) a universal health care system, using Medicare, Medicaid, public and private insurance, and mandated employee benefits, be established by this Congress; (2) cost containment measures be included; and (3) system costs be covered through cost savings stemming from cost containment, a focus on primary and preventive care, a shift away from competition, quality control accountability, and, if new tax revenues are necessary, through revenues designed to minimize their effect on working and middle-income Americans.
Bill· HRH.R. 1537 (102nd)open
United States · United States Congress · 20 March 1991
Codifies existing Federal transportation law relating to: (1) the Department of Transportation; (2) other Government agencies; (3) general and intermodal programs; (4) interstate commerce; (5) rail programs; (6) motor vehicle and driver programs; (7) aviation programs; (8) pipelines; (9) commercial space transportation; (10) bills of lading; (11) contraband; (12) damage to transported property; (13) transportation of animals; (14) payments for inspection and quarantine services; and (15) medals of honor. Sets forth provisions relating to: (1) ports of entry for civil aircraft; (2) customs violations, including public health, immigration, and controlled substances violations; (3) animal and plant quarantines; and (4) exempting mass transportation from Interstate Commerce Commission jurisdiction. Repeals various Acts of Congress relating to Federal transportation law.
Bill· HRH.R. 1502 (102nd)open
United States · United States Congress · 20 March 1991
Violence Against Women Act of 1991 - Title I: Safe Streets for Women - Safe Streets for Women Act of 1991 - Subtitle A: Mandatory Restitution, Treatment, and Rehabilitation for Sex Offenses - Requires that a court order restitution, treatment, and rehabilitation for violations of Federal sexual abuse laws, including participation in a psychotherapeutic treatment program by a licensed therapist for specified persons who committed sexual or sexual-related offenses. Specifies that: (1) the treatment program shall be designed to rehabilitate the affected person and to deter such person from committing a sexual offense after being released from the institution; and (2) treatment for a substance abuse-related condition shall be made available to such person in addition to, but not as a substitute for, counseling under such program. Sets forth provisions with respect to the period of treatment, the requirement of a complete forensic psychological assessment prior to the commencement of the treatment program, termination of treatment, supplemental chemical treatment (but the affected person may refuse to participate, or continue to participate, in supplementary chemical treatment), and the responsibilities of the Attorney General (such as contracting for treatment and documenting subsequent criminal sexual abuse). Directs the Attorney General to establish an advisory committee on therapeutic treatment for sex offenders. Authorizes appropriations. Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crime Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to make grants to areas of high intensity crime against women. Requires that the grants be used for personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women. Authorizes the Director to make grants to States, for use by States and their subdivisions, to be used for the same purposes as the high intensity area grants and to reduce the rate of violent crimes against women. Authorizes the Director to make general grants to: (1) States to reduce violent crimes against women; and (2) Indian tribes to reduce violent crimes against women in Indian country. Authorizes the Director, in addition to the grants under this subtitle, to direct any Federal agency, with or without reimbursement, to use its authorities and resources in support of State and local assistance efforts. Authorizes appropriations. Bars any State or other grantee (recipient) from receiving funds under this title unless such recipient incurs the full cost of forensic medical exams for victims of sexual assault when such exams are required under this title. Specifies that a recipient does not incur the full medical cost of such exams if it chooses to reimburse the victim after the fact unless the reimbursement program waives any minimum loss or deductible requirement, provides victim reimbursement within a reasonable time (90 days), permits applications for reimbursement within one year from the date of the exam, and provides information to all subjects of such exams about how to obtain reimbursement. Subtitle C: Safety for Women in Public Transit and Public Parks - Directs the Secretary of Transportation, from funds authorized under existing provisions, to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. Authorizes the Secretary to make grants and loans to States and local public bodies to increase the safety of public transportation through lighting, camera surveillance, security phones, or other projects. Sets the Federal share of each project at 90 percent of the net cost. Directs the Secretary to provide grants and loans to study ways to reduce violent crimes against women in public transit through better design or operation of public transit systems. Amends the National Park System Improvements in Administration Act to authorize the Secretary of the Interior to provide assistance to reduce violent crime in the National Park System (NPS). Provides for the compilation of a list of areas within the NPS with the highest rates of violent crime. Allows funds to be used, around public parks and recreation areas, for increasing lighting, providing emergency phone lines, increasing security or law enforcement personnel, and any other project to increase security and safety. Amends the Land and Water Conservation Act of 1965 to direct the Secretary of the Interior to provide grants for capital improvements and other measures to increase safety in public parks and recreation areas. Subtitle D: National Commission on Violent Crime Against Women - Establishes the National Commission on Violent Crime Against Women to promote a national policy on violent crime against women and to make recommendations on reducing such crime. Authorizes appropriations. Terminates the Commission after submission of its final report, subject to extension by the President for up to one more year. Subtitle E: New Evidentiary Rules - Amends the Federal Rules of Evidence to exclude, notwithstanding any other provision of law and in criminal cases other than a sex offense case, reputation or opinion evidence of the past sexual behavior of a victim from admission into evidence. Allows other types of evidence of a victim's past sexual behavior in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. Makes reputation or opinion evidence of the plaintiff's past sexual behavior, notwithstanding any other provisions of law, inadmissible in a civil action involving allegations of actionable sexual misconduct. Makes other types of evidence of a plaintiff's past sexual behavior admissible in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. Defines actionable sexual misconduct to include sex harassment or discrimination claims under title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964 and gender bias claims under title III of this Act. Makes evidentiary rulings made under specified Federal Rules of Evidence relating to sex offense cases and the relevance of a victim's past behavior subject to interlocutory appeal by the Government or by the alleged victim. Allows the alleged victim to waive those rules if the prosecution seeks to offer evidence of prior sexual history. Makes evidence of an alleged victim's clothing, notwithstanding any other provision of law and in a criminal case under Federal laws relating to sexual abuse, inadmissible to show the victim incited or invited the offense. Subtitle F: Assistance to Victims of Sexual Assault - Amends the Public Health Service Act (PHSA) to allow States to use amounts transferred by the State under block grant provisions for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities. Authorizes appropriations. Removes a requirement that a minimum amount from the block grants under the PHSA be allotted to States on the basis of population. Authorizes the Secretary of Health and Human Services (Secretary) to make grants for research and service demonstration projects to develop and evaluate techniques for lowering the overall incidence of rape by 20 percent by the year 2000 and for reducing the trauma and long-term impact of rape. Authorizes appropriations. Title II: Safe Homes for Women - Safe Homes for Women Act - Subtitle A: Interstate Enforcement - Provides for a Federal term of imprisonment or fine, in addition to any State penalties, for any person who travels or causes another (including the intended victim) to travel across State lines or in interstate commerce with intent to injure a spouse or intimate partner and who, during the travel or thereafter, injures his or her spouse or intimate partner in violation of a criminal law of the State where the injury occurs, or in violation of a State protection order. Provides for temporary protection orders while a case under these provisions is pending. Mandates that a court order restitution to the victim of an offense under this Act. Requires, provided certain conditions are met, that a protection order issued by the court of one State be accorded full faith and credit by the court of another State. Makes a protection order issued against a person who filed a written pleading for protection not entitled to full faith and credit if no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order or, if a cross or counter petition was filed, the court did not specifically find each party entitled to such an order. Subtitle B: Arrest in Spousal Abuse Cases - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize the Secretary to make grants, with regard to spousal abuse, to: (1) implement pro-arrest programs and policies in police departments and improve case tracking; (2) centralize and coordinate police enforcement, prosecution, or judicial responsibility for cases in one group of officers, prosecutors, or judges; and (3) educate judges to improve judicial handling of cases. Directs the Secretary to delegate to the Attorney General responsibility to carry out these provisions. Authorizes appropriations. Subtitle C: Funding for Shelters - Amends the FVPSA to authorize appropriations to carry out that Act, earmarking at least 85 percent of funds appropriated for States, and at least ten percent for Indian tribes and tribal organizations, for grants (under current law, demonstration grants) to prevent family violence and provide immediate shelter and related assistance. Limits the percentage which may be used to provide training and technical assistance to State, Indian tribal, and local domestic violence programs and to other professionals who provide services to victims of domestic violence. Subtitle D: Family Violence Prevention and Services Act Amendments - Amends the FVPSA to: (1) specify that the purpose of such Act is to increase public awareness of, as well as to prevent, family violence, and to provide for training to the courts, and legal, social service, and health professionals (current law specifies only local public agencies, nonprofit private organizations, and others seeking such assistance); and (2) grant preference in the distribution of funds to States that give special emphasis to projects including counseling and self-help services to victims and their children (current law covers counseling, alcohol and drug abuse treatment, and self-help services to abusers and victims.) Directs the Secretary to provide for the funding of domestic violence coalitions that shall further the purposes of domestic violence intervention and prevention through activities such as: (1) working with judicial and law enforcement agencies to encourage appropriate response to domestic violence cases and specified issues, such as the use of mandatory arrest of accused offenders and the use of interstate extradition in cases of domestic violence crimes; (2) working with family law judges, Child Protective Services agencies, and children's advocates to develop appropriate responses to child custody and visitation issues in domestic violence cases, and where domestic violence and child abuse are both present; and (3) conducting public education campaigns regarding domestic violence through the use of public service announcements and informative materials designed for print and electronic broadcast media, billboards, and public transit advertising. Authorizes appropriations. Sets forth provisions with respect to the allotment of funds. Requires: (1) that any State domestic violence coalition have standing to challenge whether a grantee is in compliance with the eligibility requirements, or to seek enforcement, of provisions of the FVPSA; and (2) that each such coalition submit a report to the Secretary detailing the coordination, training, technical assistance, and public education services performed, and evaluating the effectiveness of such services. Raises the limit on funding of grants in any fiscal year to any single entity (other than to a State) to $75,000 (currently, $50,000, and a $150,000 limit on the total amount of such grants to any such single entity). Modifies provisions with respect to grants to entities other than States to require that the local share as a proportion of the total amount of funds provided under such Act to the project involved be 35 percent for new programs for the first year of the program and 20 percent for each year therafter for existing programs. (Current law specifies 35 percent in the first year such project receives a grant under such Act, 55 percent in the second such year, and 65 percent in the third such year.) Repeals a provision requiring that a specified portion of State demonstration grant funds for preventing, and assisting victims of, family violence be distributed to provide shelter for victims. Includes shelter as "related assistance" that may be funded under grants for such purposes, as well as medical services, legal assistance, technical assistance with respect to obtaining financial assistance under Federal and State programs, employment training, and educational and preventive health services. Increases the minimum allotment to States for grants under the FVPSA. Requires the General Accounting Office, within 120 days, to complete a study of, and submit to the Congress a report and recommendations on, problems of recordkeeping of criminal complaints involving domestic violence. Directs the Secretary to: (1) award to not less than ten States model State leadership grants for domestic violence intervention; and (2) provide grants or contracts with public or private nonprofit organizations for the establishment and maintenance of a national resource center and six specialty resource centers focusing on one or more specified issues of concern to domestic violence victims. Sets forth eligibility requirements, funding provisions, and, with respect to the latter, reporting requirements. Subtitle E: Confidentiality for Abused Persons - Requires the Postmaster General to promulgate regulations to secure the confidentiality of abused persons' addresses. Title III: Civil Rights - Declares that all persons within the United States shall have the same rights, privileges, and immunities in every State as are enjoyed by all other persons to be free from crimes of violence motivated by the victim's gender (defined as any crime of violence, including rape, sexual assault, sexual abuse, abusive sexual contact, or any other crime of violence committed because of or on the basis of gender). Makes any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives another of the rights, privileges, and immunities secured by the Constitution and laws as enumerated by this Act liable to the injured party in an action for compensatory and punitive damages, injunctive and declaratory relief, or other relief as the court deems appropriate. Amends the Civil Rights Attorney's Fees Awards Act of 1976 to allow the awarding of attorney's fees in actions to enforce this title. Title IV: Safe Campuses for Women - Safe Campuses for Women Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to make, on a competitive basis, grants to and contracts with institutions of higher education for rape education and prevention programs. Requires that the grants be used to educate and provide support services to student victims of rape or sexual assault, with 25 percent of the funds available for model demonstration programs for rape prevention and education curricula and for local programs to provide services to student rape victims. Authorizes appropriations to carry out title X (Fund for the Improvement of Postsecondary Education) of the Act. Amends the General Education Provisions Act to add sexual assault to the list of criminal offenses about which statistics must be disclosed by institutions participating in certain programs. Title V: Equal Justice for Women in the Courts - Equal Justice for Women in the Courts Act - Subtitle A: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to make grants for model programs to be used by States in training judges and court personnel in State laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Authorizes appropriations. Requires the State Justice Institute to expend at least: (1) 40 percent of appropriated funds on programs regarding domestic violence; and (2) 40 percent on programs regarding rape and assault. Subtitle B: Education and Training for Judges and Court Personnel in Federal Courts - Directs the Federal Judicial Center to study and report on the nature and extent of gender bias in the Federal courts. Requires the Center to develop and disseminate model programs to be used in training Federal judges and court personnel in the laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Authorizes appropriations. Requires between 25 and 40 percent of such funds to be used for the study required by this subtitle.
Bill· HRH.R. 1532 (102nd)open
United States · United States Congress · 20 March 1991
National Institutes of Health Revitalization Amendments of 1991 - Title I: General Provisions Regarding Title IV of Public Health Service Act - Subtitle A: Research Freedom - Part I: Review of Proposals for Biomedical and Behavioral Research - Amends the Public Health Service Act to require review and approval, by an Institutional Review Board, a peer review group, or other entity, of research before the Secretary of Health and Human Services may approve the research or fund applications. Prohibits the Secretary from withholding funding, on ethical grounds, from research which has been so approved unless an ethics advisory board recommends withholding. Part II: Research on Transplantation of Fetal Tissue - Allows the Secretary to conduct or support research on the transplantation of human fetal tissue for therapeutic purposes, regardless of whether the tissue to is obtained from a spontaneous abortion, an induced abortion, or a stillbirth, in accordance with State and local law. Establishes criminal penalties for knowingly acquiring, receiving, or otherwise transferring any human fetal tissue for valuable consideration. Excludes from the term "valuable consideration" reasonable payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue. Prohibits any official of the executive branch from imposing a policy that the Department of Health and Human Services is prohibited from conducting or supporting any research on the transplantation of human fetal tissue for therapeutic purposes. Prohibits the Secretary from withholding funds for research which meets requirements of this subtitle. Deems a specified report of the Human Fetal Tissue Transplantation Research Panel to: (1) be issued by an ethics advisory board under provisions of this subtitle; and (2) find that there are no ethical grounds for withholding funds for research on transplantation of human fetal tissue for therapeutic purposes. Part III: Technical and Conforming Amendments - Removes provisions requiring a study of the nature, advisability, and biomedical and ethical implications of exercising any waiver of a specified risk standard relating to fetal research. Subtitle B: Clinical Research Equity Regarding Women and Minorities - Part I: Women and Minorities as Subjects in Clinical Research - Requires the Director of the National Institutes of Health (NIH) and the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA), in conducting and supporting research, to ensure that: (1) women and minorities are included as subjects in each project; and (2) research is conducted so as to provide for a valid analysis of whether the variables being tested affect women or minorities differently than other research subjects. Requires technical and scientific peer review to include an evaluation of compliance with these requirements. Part II: Offices of Women's Health Research - Establishes within each of the Office of the Director of NIH and the Office of the ADAMHA Administrator an Office of Women's Health Research to identify projects of women's health (and, for ADAMHA, mental health) research and promote sufficient resource allocation for the conduct or support of the projects by NIH and ADAMHA. Requires the Directors of each Office to establish a Women's Health Research Coordinating Committee and a Women's Health Research Advisory Committee. Requires the Director of NIH to: (1) establish a single data system regarding women's health research conducted or supported by NIH or ADAMHA; and (2) establish and operate a program to provide information on research and prevention activities of NIH and ADAMHA relating to women's health and gender differences. Directs the Secretary: (1) through the Directors of the Offices of Women's Health Research, to contract for a study of how women's health research can be facilitated by the NIH Director and the ADAMHA Administrator; and (2) to request the Institute of Medicine of the National Academy of Sciences to enter into the contract. Subtitle C: Scientific Integrity - Amends provisions relating to scientific fraud or scientific misconduct to establish within the Office of the Director of NIH the Office on Scientific Integrity. Provides for the protection of whistleblowers and for the avoidance of conflicts of interest. Title II: Protection of Health Facilities - Prohibits stealing or otherwise converting personal property or damaging real property of a health facility assisted under the Public Health Service Act, or deterring, through physical restraint, any individual from entering or exiting the facility. Includes in the prohibitions various acts interfering with the use of animals for research. Provides for fines, imprisonment, restitution, and private civil actions. Title III: National Institutes of Health in General - Directs the Secretary to establish in the Office of the Director of NIH the Advisory Committee on Health Sciences to periodically review the missions of each of the agencies of NIH for the purpose of advising the NIH Director, the Secretary, and the Congress on any modifications in the organizational structure of NIH. Requires the approval of the Committee in order for the Secretary to establish, reorganize, or abolish a national research institute. Mandates preparation and implementation of a plan, regarding biomedical research and experimentation conducted or supported by NIH, for methods that: (1) do not require the use of animals; (2) reduce the number of animals used; and (3) produce less pain and distress in animals. Requires measures to encourage acceptance by and training scientists in such methods. Establishes the Interagency Coordinating Committee on the Use of Animals in Research. Repeals similar provisions, relating to a plan on animal research and a coordinating committee, of the Health Research Extension Act of 1985. Removes provisions of the Public Health Service Act allowing members of advisory councils to serve after the expiration of their terms until successors have taken office. Title IV: General Provisions Respecting National Research Institutes - Requires that the Secretary, through the director of each of the national research institutes, receive directly all funds appropriated for the institute. Removes provisions allowing the Director of the National Cancer Institute (NCI) to directly receive NCI funds. Excludes peer review groups under specified provisions from the application of the Federal Advisory Committee Act. Requires the Director of NIH to: (1) carry out a program to expand and intensify research on osteoporosis, Paget's disease, and related bone disorders in addition to research authorized under other Federal law; (2) establish the Advisory Board on Osteoporosis, Paget's Disease, and Related Bone Disorders; and (3) enter into a grant, cooperative agreement, or contract to establish an information clearinghouse on osteoporosis and related bone disorders. Authorizes appropriations. Title V: National Cancer Institute - Authorizes appropriations for the National Cancer Institute. Title VI: National Heart, Lung, and Blood Institute - Authorizes the National Heart, Lung, and Blood Institute (NHLBI) to conduct programs of training and education, including continuing education and laboratory and clinical research training. Title VII: National Institute on Aging - Transfers provisions of the Health Research Extension Act of 1985 establishing an Alzheimer's disease registry to provisions of the Public Health Service Act relating to the National Institute on Aging (NIA). Authorizes appropriations for the NIA. Title VIII: National Institute of Allergy and Infectious Diseases - Authorizes the Director of the National Institute of Allergy and Infectious Diseases to make grants or enter into contracts for the development and operation of centers to conduct basic and clinical research on chronic fatigue syndrome. Title IX: National Institute of Child Health and Human Development - Subtitle A: Research Centers With Respect to Contraception and Research Centers With Respect to Infertility - Requires the Director of the NICHHD to make grants and enter into contracts for the development and operation of centers to conduct contraception research and centers to conduct infertility research. Directs the Secretary to establish a program of educational loan repayments for health professionals who agree to conduct research on contraception or on infertility. Authorizes appropriations. Subtitle B: Program Regarding Obstetrics and Gynecology - Requires the Director of the NICHHD to establish an intramural laboratory and clinical research program in obstetrics and gynecology. Subtitle C: Child Health Research Centers - Requires the Director of the NICHHD to develop and support centers for conducting research on child health, giving priority to clinical applications of basic research findings. Title X: National Institute of Neurological Disorders and Stroke - Requires the Director of the National Institute of Neurological Disorders and Stroke to conduct and support research on multiple sclerosis. Title XI: National Institute of Environmental Health Sciences - Establishes in the National Institute of Environmental Health Sciences the Applied Toxicological Research and Testing Program. Title XII: National Library of Medicine - Subtitle A: General Provisions - Adds to the list of functions of the National Library of Medicine (NLM) that of publicizing NLM products and services and promoting the use of computers and telecommunications by health professionals. Allows the NLM to make available its materials, facilities, or services under licensing arrangements that provide for quality control and full recovery of access costs. Authorizes appropriations to carry out provisions relating to: (1) the NLM and other medical libraries, including regional medical libraries; (2) training in medical library sciences; and (3) biomedical publications. Subtitle B: Financial Assistance - Directs the Secretary to make grants for research on, and development and demonstration of, new education technologies. Subtitle C: National Center for Biotechnology Information - Authorizes appropriations for the National Center for Biotechnology Information. Subtitle D: National Information Center on Health Services Research, Health Care Technology, and Health Care Technology Assessment - Establishes in the NLM the National Information Center on Health Services Research and Health Care Technology. Removes similar provisions from provisions relating to the Agency for Health Care Policy and Research. Title XIII: Other Agencies of National Institutes of Health - Subtitle A: Division of Research Resources - Redesignates the Division of Research Resources as the National Center for Research Resources. Authorizes the Director of NIH to reserve up to a specified sum to improve regional centers for research on primates. Subtitle B: National Center for Human Genome Research - Adds the National Center for Human Genome Research to the list of agencies of NIH. Declares that the purpose of the Center is to characterize the structure and function of the human genome, including the mapping and sequencing of individual genes. Requires the Director of the Center to make available a minimum percentage of funds for carrying out provisions relating to ethical issues associated with the genome project. Title XIV: Awards and Training - Subtitle A: National Research Service Awards - Directs the Secretary to make grants for comprehensive programs to recruit women and individuals from disadvantaged backgrounds into fields of biomedical or behavorial research and to provide research training to women and such individuals. Authorizes appropriations for payments and grants under National Research Service Awards. Subtitle B: Acquired Immune Deficiency Syndrome - Allows the Secretary, under a loan repayment program for research with respect to acquired immune deficiency syndrome (AIDS) established by existing provisions, to enter into a repayment agreement with a health professional who agrees to conduct AIDS research at NIH for at least three years, provided other conditions are met. Authorizes appropriations. Subtitle C: Scholarship and Loan Repayment Programs Regarding Professional Skills Needed by National Institutes of Health and by Alcohol, Drug Abuse, and Mental Health Administration - Directs the Secretary, through the Director of NIH and the Administrator of ADAMHA, to establish programs of scholarships for undergraduate education for individuals from disadvantaged backgrounds who are underrepresented in professions needed by NIH and ADAMHA in return for the scholarship recipient's agreeing to serve as employees of NIH or ADAMHA for a prescribed period. Requires that the Director and the Administrator: (1) carry out activities to facilitate the interest of the individuals in pursuing careers as employees of NIH and ADAMHA; and (2) approve the academic program of each individual. Directs the Secretary, through the Director and the Administrator, to establish programs for repaying educational loans for individuals from disadvantaged backgrounds who have a substantial amount of education loans relative to income in return for the repayment recipients agreeing to conduct clinical research as employees of NIH or ADAMHA. Limits the NIH scholarship and loan programs to an aggregate of 40 contracts and the ADAMHA programs to an aggregate of 10 contracts. Title XV: Research with Respect to Acquired Immune Deficiency Syndrome - Modifies the duties of the AIDS Clinical Research Review Committee, including requiring the Committee to give advice to other agencies of NIH as well as to the National Institute of Allergy and Infectious Diseases (NIAID). States that the requirement that the clinical evaluation units at the National Cancer Institute and NIAID conduct evaluations of treatments for acquired immune deficiency syndrome (AIDS) includes evaluations of treatments for opportunistic cancers and infectious diseases. Authorizes appropriations for model protocols for the clinical care of individuals infected with the etiologic agent for AIDS. Requires the Director of NIH to develop and implement a comprehensive plan for the conduct and support of AIDS research by NIH agencies. Title XVI: Miscellaneous Provisions - Directs the Secretary to report to specified congressional committees on the appropriateness and impact of NIH's assuming responsibility for all Federal research, development, testing, and evaluation functions relating to the medical aspects of biological agents in the development of defenses against biological warfare. Designates each member of the Senior Biomedical Research as a Conte fellow. Increases the maximum number of members of the Service. Title XVII: Effective Date - Sets forth the effective date of this Act.
Bill· HRH.R. 1534 (102nd)referred
United States · United States Congress · 20 March 1991
Directs the Secretary of Health and Human Services to conduct a study and report to the Congress on the health care systems of 14 specified countries, comparing and contrasting the U.S. system with regard to costs to the country, costs to an individual receiving care, availability of basic services, and the role of private insurance.
Bill· HJRESH.J.Res. 198 (102nd)open
United States · United States Congress · 20 March 1991
Designates the months of November 1991 and November 1992 as National Alzheimer's Disease Month.
Bill· SS. 694 (102nd)referred
United States · United States Congress · 19 March 1991
Allied Health Professionals Promotion Act of 1991 - Amends provisions of the Public Health Service Act relating to grants and contracts concerning training of allied health personnel to direct the Secretary of Health and Human Services to allocate 75 percent of the funds authorized to those allied health fields the Secretary determines to have: (1) the most significant shortages of practitioners; and (2) a significant role in the care and rehabilitation of patients who are elderly or disabled. Authorizes appropriations. Authorizes the Secretary to make grants and contracts to assist allied health students in meeting the costs of entry level education, allocating 75 percent of the funds as above. Makes payments of tuition under these provisions to, or on behalf of, a participating student, notwithstanding other law, exempt from taxation. Authorizes appropriations. Authorizes appropriations for traineeships for advanced training of allied health personnel, making the traineeships available for postgraduate (currently, doctoral) programs and students. Establishes within the Health Resources and Services Administration the Advisory Council on Allied Health. Excludes registered nurses from the definition of "allied health personnel."
Bill· HRH.R. 1474 (102nd)referred
United States · United States Congress · 19 March 1991
Public Interest Risk Allocation Act of 1991 - Requires the United States to hold harmless and indemnify any Government contractor which provides architectural or engineering services (a design professional) against any liability (for damages arising from personal injury, illness, or death or from damage to, or loss of use of, property) resulting from activities that have a substantial risk of injury to the extent such liability exceeds the amount of insurance required by this Act up to a limit of the greater of $5,000,000,000 or five times the value of the contract. Requires all claims for injury to be filed in a U.S. District Court within ten years of the date of public use occupancy, or control of the project for which the design professionals' services were undertaken, whichever first occurs. Includes court costs and attorney fees to defend such claims under such indemnification. Prohibits a design professional from being liable for damages unless the claimant establishes by a preponderance of the evidence that the negligence of the design professional was the proximate cause of harm. Limits the liability of the design professional to the sum of: (1) the amount of the commercial insurance or self-insurance protection the design professional is required to carry; and (2) the amount of indemnification provided by the United States. Requires Federal agencies, before issuing a solicitation for each contract or a contract modification for design services: (1) to determine if such contract or modification carries a risk of injury in excess of reasonably available insurance; and (2) if so, to include a clause to that effect in the solicitation, the contract, and any covered contract modification as appropriate. Provides the exclusive relief available for professional liability against a design professional under a contract with such a clause. Prohibits such indemnification of a design professional firm for: (1) liability caused by the gross negligence, intentional misconduct, or bad faith of its director, officer, or managing official; and (2) the liability of any managing official or other employee of such a firm who acts in reckless disregard of public health and safety. Requires a design professional to secure insurance or self-insurance as: (1) agreed upon with the United States at the time of contracting; or (2) is reasonable under the circumstances, in the absence of such an agreement or in the event of loss of coverage through no fault of either party, provided that aggregate payments by the design professional shall not exceed the value of contract profits or the greater of $1,000,000,000 or one percent of the contract value and shall constitute payment in full of the design professional's share of liability. Requires a design professional to notify the United States within a reasonable period of any claim or action against it which may give rise to a claim for indemnification. Permits the United States to notify the design professional that the Government will assume control of the defense or settlement of any such claim or action. Requires the United States to assume the cost of such litigation. Requires a design professional seeking indemnification to present a claim to the contracting agency. Requires such claim to be determined under the Contract Disputes Act of 1978. Allows a design professional aggrieved by the agency's determination to appeal such determination under that Act. Permits the United States to discharge its indemnification obligation by making payments directly to the person to whom the design professional may be liable. Directs the Administrator for the Office of Federal Procurement Policy to: (1) establish guidelines for determining whether the amount of insurance maintained by the design professional is reasonable; and (2) provide that any such insurance premiums are recoverable as allowable costs under the contract, and that such guidelines are subject to periodic review. Declares that the provisions of this Act shall not: (1) apply with respect to any risks against which indemnification may be obtained under the Atomic Energy Act of 1954; (2) limit or prevent the use of existing statutory authority to provide indemnification for liability, harm, or expense for which indemnification is not required under this Act; or (3) be construed to create any liability of the Government to any person other than to design professionals for indemnification. Authorizes a permanent judgment appropriation to pay indemnification claims.
Bill· HRH.R. 1466 (102nd)referred
United States · United States Congress · 19 March 1991
Allied Health Professionals Promotion Act of 1991 - Amends provisions of the Public Health Service Act relating to grants and contracts concerning training of allied health personnel to direct the Secretary of Health and Human Services to allocate 75 percent of the funds authorized to those allied health fields the Secretary determines to have: (1) the most significant shortages of practitioners; and (2) a significant role in the care and rehabilitation of patients who are elderly or disabled. Authorizes appropriations. Authorizes the Secretary to make grants and contracts to assist allied health students in meeting the costs of entry level education, allocating 75 percent of the funds as above. Makes payments of tuition to, or on behalf of, a participating student tax-exempt. Authorizes appropriations for traineeships for advanced training of allied health personnel, making the traineeships available for postgraduate (currently, doctoral) programs and students. Establishes within the Health Resources and Services Administration the Advisory Council on Allied Health. Excludes registered nurses from the definition of "allied health personnel."
Bill· HRH.R. 1492 (102nd)referred
United States · United States Congress · 19 March 1991
Health Insurance for the Unemployed Act of 1991 - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to entitle individuals receiving extended benefits under the unemployment compensation program as trade readjustment allowances to benefits under Medicare's Hospital Insurance program (part A of title XVIII of the Social Security Act). Allows such individuals also to elect family coverage under such program. Requires individuals electing coverage under such program to pay a weekly premium to be deducted from their unemployment benefits. Requires the amounts deducted for such premiums to be transferred to the trust funds supporting the Medicare program. Outlines provisions concerning: (1) the identification by the Secretary of Labor (the Secretary) of the individuals electing such coverage and the weeks for which they are entitled to health insurance benefits, for transmission to the Secretary of Health and Human Services; (2) termination of health benefits eligibility; (3) agreements between the Secretary and a State for administering the health insurance benefits program for the unemployed established by this Act; (4) administration of such program absent a State agreement; (5) penalties in connection with the disclosure of false information to receive benefits under such program; and (6) regulations to carry out such program. Amends the Hospital Insurance program to make such program benefits available on the same basis as provided for other individuals entitled to Medicare Hospital Insurance program benefits, except that enrollment in a Medicare cost or risk-contracting health maintenance organization would not be permitted. Amends the Internal Revenue Code to allow the unemployed individuals who have elected Medicare Hospital Insurance coverage under the Federal-State Extended Unemployment Compensation Act of 1970 to suspend COBRA continuation coverage.
Bill· HRH.R. 1490 (102nd)referred
United States · United States Congress · 19 March 1991
Family Unity and Parental Notification Act - Amends the Public Health Service Act to prohibit financial assistance under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act and specified provisions of the Public Health Service Act unless the receiving entity agrees to notify the parents of an unemancipated minor under the age of 18 48 hours before performing an abortion on the minor, except in an emergency threatening the minor's life. Declares that the notification requirement does not apply in a State which requires parental notification or parental consent. States that certain provisions of this Act apply without regard to whether the State allows the parental notification or the parental consent requirements to be waived through judicial proceedings.
Bill· HRH.R. 1483 (102nd)referred
United States · United States Congress · 19 March 1991
Electric and Magnetic Field Research and Public Information Dissemination Act of 1990 - Directs the Secretary of Energy to: (1) establish an electric and magnetic fields health research program to evaluate the effects of such fields upon human health; (2) report to the Congress on the status of such program; (3) evaluate whether existing electricity delivery systems and usage of electrical appliances cause significant exposures to electric and magnetic fields; and (4) report to the Congress regarding the need for engineering designs for electricity delivery systems and electrical appliances. Establishes within the Department of Energy an Electric and Magnetic Fields Information Center to serve as a clearinghouse and center for dissemination of public information on the impact of electric and magnetic fields upon the public health. Establishes an Electric and Magnetic Fields Research Advisory Committee to: (1) suggest issues, research priorities and Federal funding levels for the work required by this Act; and (2) report annually to the Secretary and the Congress regarding the research program's status. Authorizes appropriations.
Bill· HRH.R. 1467 (102nd)referred
United States · United States Congress · 19 March 1991
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to reduce from one year to 30 days the deadline for submitting claims for services provided under such part.
Law· HJRESH.J.Res. 194 (102nd)enacted
United States · United States Congress · 19 March 1991
Designates May 12, 1991, as Infant Mortality Awareness Day.
Bill· HRH.R. 1457 (102nd)referred
United States · United States Congress · 18 March 1991
Medicaid State Share Protection Amendments of 1991 - Amends title XIX (Medicaid) of the Social Security Act to allow State Medicaid matching payments to include private funds donated by hospitals to the State.
Bill· HRH.R. 1458 (102nd)referred
United States · United States Congress · 18 March 1991
Tax Exemption Equity Act of 1991 - Amends the Internal Revenue Code to deny tax-exempt status to organizations that directly or indirectly perform or finance abortions. Denies the income, estate, and gift tax charitable contribution deductions for donations to them. Denies an exemption for interest on any tax-exempt bond that is used to finance a health care facility that performs abortions while the bond is outstanding.
Bill· SS. 675 (102nd)open
United States · United States Congress · 14 March 1991
Department of Veterans Affairs Health-Care Personnel Act of 1991 - Redesignates the Veterans Health Services and Research Administration in the Department of Veterans Affairs (Department) as the Veterans Health Administration. Title I: Special Pay for Physicians and Dentists - Department of Veterans Affairs Physician and Dentist Recruitment and Retention Act of 1991 - Revises Federal provisions relating to special pay for Department physicians and dentists. Directs the Secretary of Veterans Affairs, in order to recruit and retain highly qualified physicians and dentists, to provide special pay to such individuals under regulations prescribed by the Secretary after the Secretary has received the recommendations of the Chief Medical Director (CMD) of the Department. Conditions such special pay upon the execution of a written agreement by the physician or dentist to perform a period of obligated service within the Veterans Health Administration (VHA). Provides that such individual is not entitled to such special pay during the first three years of such service, except at the discretion of the Secretary for full-time services. Prohibits special pay for those physician and dentist positions for which there is no significant recruitment and retention problem. Authorizes the CMD to approve the payment of special pay to physicians and dentists employed on a less than half-time basis in specified circumstances. Prohibits the payment of special pay to physicians and dentists who: (1) are employed on less than a quarter-time or intermittent basis; (2) are in an internship or residency training position; or (3) are reemployed annuitants. Allows the Secretary to provide retention pay to physicians and dentists formerly receiving special pay but no longer eligible under new requirements outlined in this Act. Sets forth requirements of a written agreement, including provisions providing for: (1) a covered period of one to four years, with renewal permitted upon full completion of a prior agreement; (2) refunding of special pay on a prorated basis for unfulfilled services; (3) the waiver of such refund requirement due to circumstances beyond the control of the physician or dentist; (4) the inclusion of terms under which the Secretary and the physician or dentist may terminate the agreement; and (5) special review by the Secretary of an agreement which will differ radically (provide more than 50 percent more or more than 25 percent less) from special pay received under previous agreements or which, when added to basic pay, will exceed certain limits. Requires the Secretary to include in annual reports information concerning agreements approved or disapproved by the Secretary under which special pay differed radically or which, when combined with basic pay, exceeded a specified limit. States that all such pay limitation requirements and reports shall not apply to a proposed agreement entered into after FY 1994. Directs the Secretary to adjust special pay as necessary to reflect any change in status of a physician or dentist from part-time to full-time or vice versa. Directs the Secretary to provide special pay to eligible full-time physicians based upon specified factors, including: (1) tenure within the VHA; (2) service in a medical specialty for which it is extremely difficult to recruit and retain qualified professionals; (3) service in certain executive positions; (4) specialty or board certifications; (5) service in a geographic location for which there are extraordinary difficulties in the recruitment or retention of qualified personnel; and (6) service by a physician with exceptional qualifications within a specialty. Requires all special pay for such full-time physicians to be personally approved by the CMD on a case-by-case basis. Sets forth conditions and limitations to the payment of such special pay. Directs the Secretary to provide special pay to part-time eligible physicians based upon similar factors. Requires the Secretary to pay each such physician an amount of special pay equal to the proportion of full-time service that physician performs, up to a specified limit. Directs the Secretary to provide special pay to eligible full-time and part-time dentists based upon similar factors. Prohibits physicians or dentists receiving special pay for service in certain executive positions from receiving scarce specialty pay (another form of special pay that rewards scarce specialty areas of practice). Requires, with regard to the payment of special pay, determinations: (1) that there are extraordinary difficulties in recruitment or retention; (2) of the specific rate of special pay to be paid to each physician or dentist eligible; and (3) of whether there are extraordinary difficulties in a specific geographic location in the recruitment or retention of qualified physicians or dentists. Sets forth considerations for determinations with respect to extraordinary recruitment and retention difficulties and the payment of special pay for individual medical facilities of the Department. Provides minimum rates for the payment of special pay. Outlines the manner in which special pay is to be considered for purposes of other benefits laws for Federal employees. States that it is the policy of the Congress to assure that total pay for VHA physicians and dentists is comparable to total pay of other Government physicians and dentists and to the income of non-Federal physicians and dentists. Directs the Secretary: (1) in order to assist in implementing such policy, to obtain measures of income of such non-Department physicians and dentists and to define the bases for pay distinctions; (2) to report to the President quadrennially on appropriate amounts of special pay to VHA physicians and dentists to carry out such policy; and (3) to report to specified congressional committees annually on the use of authorities under this title. Allows the Secretary to authorize the CMD to pay advance payments, recruitment or relocation bonuses, retention allowances, and interview expenses to the following personnel in the same manner currently provided under Federal employment provisions: physicians, dentists, podiatrists, optometrists, registered nurses, physician assistants, and expanded-function dental auxiliaries. Directs the Secretary to reimburse any full-time board-certified physician or dentist appointed in the VHA for expenses incurred, up to $1,000 per year, for continuing professional education. Title II: Labor-Management Relations - Department of Veterans Affairs Labor Relations Improvement Act of 1991 - Directs the Secretary to prescribe the hours and conditions of employment and leaves of absence of the following VHA employees: physicians, dentists, podiatrists, optometrists, nurses, physician assistants, and expanded-duty dental auxiliaries. Provides that the authority of the Secretary to prescribe regulations with regard to such employees is subject to the right of Federal employees to engage in the collective bargaining process with respect to conditions of employment. States that such collective bargaining may not cover, or have any applicability to, any matter or question arising out of: (1) professional conduct or competence; (2) peer review; or (3) the establishment, determination, or adjustment of employee compensation. Requires any VHA employee who accepts responsibilities for professional services for remuneration other than assigned responsibilities to work a minimum 80-hour biweekly amount. Outlines those outside activities and responsibilities that such a person may not engage in or take on while an employee of the Department. Provides that whenever the CMD brings charges against a Department employee based on conduct or performance and, as a result of those charges, an adverse (disciplinary) action is taken against the employee, the employee shall have the right to appeal the action, either through: (1) a Disciplinary Appeals Board; (2) Department procedures; or (3) grievance procedures provided through collective bargaining, depending on the type of action involved. Requires the Secretary to publish in the Federal Register any proposed regulations prescribed concerning the collective bargaining or adverse action procedures. States that Disciplinary Appeals Boards shall have exclusive jurisdiction to review any case: (1) which arises out of a question of professional conduct or competence of an employee of the Department employed on a full-time basis under a permanent appointment; and (2) in which a major adverse action was taken (suspension, transfer, reduction in grade or pay, or discharge). Gives employees involved in such a case the right to: (1) advance written notice of the charges and actions that could be taken if the charges are sustained; and (2) an opportunity to be heard both orally and in writing on such charges. Requires a decision on such case by a deciding official within 21 days after the employee's response to the charges. Allows for a delay in a proposed action for up to one year while an employee seeks counseling or treatment for a condition covered under the Rehabilitation Act of 1973. Allows the Secretary to require an employee to make a written or oral response to the charges within 30 days of receipt, with extension for good cause shown. Outlines further administrative action to be taken by the Board in a major adverse action appeals procedure, together with time limitations involved in each step. States that the Secretary's execution of the Board's decision shall be the final administrative action in the case, with the affected employee entitled to judicial review of the order or decision. Requires the Secretary to prescribe procedures for the consideration of grievances of Department employees arising from adverse actions in which each action taken either: (1) is not a major adverse action; or (2) does not arise out of a question of professional conduct or competence. States that Disciplinary Appeals Boards shall not have jurisdiction to review such matters other than as part of a mixed case. States that review of an adverse action shall be provided through either Department procedures or through grievance procedures provided through collective bargaining. Outlines the rights of employees under the Department procedures to: (1) a formal review by an impartial examiner within the Department; (2) a prompt report of findings; (3) a prompt review of the examiner's findings by a higher official; and (4) legal or other representation in adverse action reviews under grievance procedures. Requires the Secretary to appoint Disciplinary Appeals Boards to hear appeals of major adverse actions taken against full-time Department employees and based on professional conduct or performance. Authorizes the chairman of such a Board to authorize disclosure to the affected employee of records or information to be reviewed during an appeal procedure. Provides for the protection of the privacy of the individuals whose records are involved. Requires the Secretary to periodically designate Department employees qualified to serve on Disciplinary Appeals Boards and to announce that a list of such qualified employees is available to any person requesting such list. Requires the Secretary to provide training in the functions and duties of such Boards and grievance procedures for employees selected to be on the panel. Title III: Miscellaneous - Requires physician assistants and expanded-function dental auxiliaries to be paid in accordance with a Nurse Schedule in effect on August 14, 1990, until the effective date of a determination by the Secretary to convert those occupations to covered positions under provisions enacted by the Department of Veterans Affairs Nurse Pay Act of 1990. Authorizes the CMD to determine the rates of pay with respect to covered Department regional and central office employees in certain grades. Requires the CMD to prescribe regulations for the adjustment of basic pay rates for such employees in order to assure that those rates are sufficient and competitive. Amends the Veterans' Health Care Amendments of 1986 to extend through FY 1991 a required annual report on the furnishing of nonservice-connected health care services to veterans. Allows the Secretary to submit an administrative reorganization plan at any time during the year. Requires a 90-day congressional notification period to expire before the Secretary may implement the reorganization. Defines a covered administrative reorganization as one involving a reduction during any fiscal year in the number of full-time equivalent employees by: (1) 15 percent or more (currently, ten); or (2) a percent which, when added to the percentage reduction in the number of such employees at a covered office or facility for the preceding fiscal year, is 25 percent (currently, 15) or more. Requires a report from the Secretary to the veterans' committees for the reorganization of any unit of the central office of the Department that is the duty station of 30 or more employees (currently, more than 25 but less than 100). Title IV: Reorganization and Redesignation of Parts IV, V, and VI of Title 38 - Reorganizes through recodification within Federal law various provisions relating to the organization and functions of the VHA, including provisions relating to organization, general authority and administration, patient rights, and research corporations within the VHA.
Bill· SS. 664 (102nd)open
United States · United States Congress · 14 March 1991
Alcoholic Beverage Advertising Act of 1991 - Declares it unlawful to advertise through magazines, newpapers, brochures, promotional displays, or radio or television broadcasting (including cable broadcasting) any alcoholic beverage unless the advertising includes one of specified health warnings. Makes the Secretary of Health and Human Services responsible for establishing and maintaining toll free numbers for assistance referred to in some of the warnings. Sets forth requirements for the warnings, including rotating among the warnings. Requires the Chairman of the Federal Trade Commission to enforce this Act. Provides for civil monetary penalties and injunctions.
Law· SJRESS.J.Res. 95 (102nd)enacted
United States · United States Congress · 14 March 1991
Designates October 1991 as National Breast Cancer Awareness Month.
Bill· HRH.R. 1445 (102nd)referred
United States · United States Congress · 14 March 1991
Rural Development Investment Zone Act of 1991 - Title I: Designation of Rural Development Investment Zones - Amends the Internal Revenue Code to authorize the Secretary of the Treasury to designate rural development investment zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate an investment zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every four years on the effects of such investment zones' designation in accomplishing the purposes of this Act. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers - Allows employers located in investment zones a nonrefundable income tax credit for qualified increased employment expenditures. Subtitle B: Credits for Investment in Tangible Property in Rural Development Investment Zones - Allows businesses an additional investment tax credit for investments made in certain investment zone construction property. Limits the credit to ten percent for new property, including rental property. Requires the recapture of credit amounts upon the early disposition of the property. Title III: Establishment of Foreign-Trade Zones in Rural Development Investment Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within investment zones. Requires the Secretary to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Title IV: Responsibilities of Federal Agencies in Rural Development Investment Zones; Regulatory Flexibility - Requires Federal agencies to seek to provide special assistance to designated rural development investment zones. Amends Federal law to revise "small entity" with regard to the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating with investment zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an investment zone. Requires agencies to approve a request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in maintaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety.
Bill· HRH.R. 1443 (102nd)referred
United States · United States Congress · 14 March 1991
Declares it to be an unfair or deceptive act or practice under the Federal Trade Commission Act to advertise or cause to be advertised through magazines, newspapers, brochures, promotional displays, radio or television broadcasting (including cable broadcasting) any alcoholic beverage unless the advertising includes one of specified warnings. Makes the Secretary of Health and Human Services responsible for establishing and maintaining toll free numbers referred to in some of the warnings. Sets forth requirements for the warnings, including rotating between the warnings.
Bill· HRH.R. 1444 (102nd)referred
United States · United States Congress · 14 March 1991
Medicare Eligibility Expansion Act of 1991 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI)of the Social Security Act (the Act) to waive the 24-month waiting period required to receive benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Act for individuals who are 62 years of age or older and are entitled to social security disability benefits. Amends the Hospital Insurance program to allow early retirees receiving OASDI benefits and the spouses who are 62 years of age or older and children of such retirees to purchase Medicare coverage including coverage under part B (Supplementary Medical Insurance) of the Act. Establishes applicable monthly part A premiums for calendar years 1992 through 1996, with premiums thereafter to be determined by the Secretary of Health and Human Services and indexed to the increase in the part A deductible.
Bill· HRH.R. 1422 (102nd)referred
United States · United States Congress · 13 March 1991
Silicone Safety and Information Act - Amends the Federal Food, Drug, and Cosmetic Act to require a physician performing a silicone gel implant to provide the patient in advance with a summary prepared by the Secretary of Health and Human Services respecting the associated advantages, disadvantages, and risks. Directs the Secretary to provide such a summary to physicians. Sets forth a civil monetary penalty for violations by physicians.
Bill· SS. 618 (102nd)open
United States · United States Congress · 12 March 1991
Violent Crime Control Act of 1991 - Title I: Safer Streets and Neighborhoods Act - Safer Streets and Neighborhoods Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1991 (Omnibus Act) to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local law enforcement agencies; and (2) continue the Federal-State funding formula for such agencies for FY 1992. Title II: Death Penalty - Federal Death Penalty Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, of its intention to seek the death penalty and of the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken, and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals to review the record, address all substantive and procedural issues raised on appeal, and consider whether such sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor whether the evidence supports the special finding of the existence of the required aggravating factor. Specifies that whenever such court finds that the sentence was imposed under such influence, the admissible evidence adduced does not support such special finding, or other legal error requires reversal of the sentence, the court shall remand the case for reconsideration or impose a sentence other than death (and, in any other case, remand for reconsideration). Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions. Bars the imposition of a death sentence for a death-eligible offense committed in Indian country unless the Indian tribe having criminal jurisdiction over land and persons subject to such jurisdiction has elected to have this title apply in such cases. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) murder for hire; (5) murder in the aid of a racketeering activity; (6) engaging in a criminal enterprise activity which results in death; and (7) other specified offenses, including civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Racial Justice Act of 1991 - Amends the Federal judicial code to prohibit the imposition or execution of sentences of death under color of State or Federal law in a racially discriminatory pattern. Specifies that to establish such a pattern: (1) ordinary methods of statistical proof shall suffice; and (2) it shall not be necessary to show discriminatory intent on the part of any individual or institution. Specifies that: (1) to establish a prima facie showing of a racially discriminatory pattern it shall suffice that death sentences are being imposed or executed upon persons of one race with a frequency disproportionate to their representation among the number of persons arrested for, charged with, or convicted of death-eligible crimes, or as punishment for crimes against persons of one race with a frequency that is disproportionate to their representation among persons against whom death-eligible crimes have been committed; and (2) to rebut such a showing, a State or Federal entity must establish by clear and convincing evidence that identifiable and pertinent nonracial factors persuasively explain the observable racial disparities comprising the pattern. Requires any State or Federal entity that provides for the death penalty to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Directs each such entity to: (1) monitor compliance by local officials and agencies; (2) devise and distribute to every local official or agency responsible for the investigation or prosecution of death-eligible crimes a standard form to collect pertinent data; (3) maintain, compile, and index such forms and data and make them available to the public; (4) maintain a centralized, alphabetically indexed file of all police and investigative reports transmitted to it by local officials or agencies in every case of death-eligible crime; and (5) allow access to its file of police and investigative reports to the counsel of record for persons charged with death-eligible crimes. Requires each local official responsible for the investigation or prosecution of death-eligible crimes to: (1) complete such form on every case of death-eligible crime; (2) transmit such form to the central agency within three months after disposition of each such case; and (3) transmit to such agency a copy of all police and investigative reports made in connection with each case of death-eligible crime. Requires such data to include, at a minimum: (1) pertinent demographic information on all persons charged with the crime and all victims (including race, sex, age, and national origin); (2) information on the principal features of the crime; (3) information on the aggravating and mitigating factors of the crime, including the background and character of every person charged with the crime; and (4) a narrative summary of the crime. Requires the court to appoint counsel for those financially unable to retain counsel and to furnish investigative, expert, or other services as necessary for the development of the claim of any such person, subject to certain limitations. Specifies that no determination on the merits of a factual issue made by a State court pertinent to any claim under this Act shall be presumed to be correct unless: (1) the State is in compliance with the provisions of this Act; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to counsel and to the furnishing of investigative, expert, and other such services which were substantially equivalent to those provided in this Act; and (3) the determination is one which is otherwise entitled to be presumed correct under the criteria specified under Federal habeas corpus provisions. Title III: Death Penalty for Murder of Law Enforcement Officer Act - Authorizes the death penalty for the murder of: (1) Federal law enforcement officials; and (2) State law enforcement officers working with Federal agents. Title IV: Death Penalty for Drug Criminals Act - Death Penalty for Drug Criminals Act of 1991 - Amends the Controlled Substances Act (CSA) to authorize the death penalty for first degree murders committed in the course of: (1) drug distribution conspiracies; (2) drug import and export conspiracies; (3) drug distribution to minors, near schools, or while employing minors; and (4) the export, import, or distribution of major quantities of drugs. Title V: Prevention and Punishment of Terrorist Acts - Comprehensive Counter-Terrorism Act of 1991 - Subtitle A: Punishing Domestic and International Terrorist Acts - Part I: Terrorist Death Penalty Act of 1991 - Terrorist Death Penalty Act of 1991 - Amends the Federal criminal code to: (1) make it a Federal offense, punishable by up to life imprisonment, to commit terrorist acts against U.S. nationals abroad; and (2) authorize the imposition of the death penalty where terrorist acts against U.S. nationals result in first degree murder. Part II: Terrorist Acts Committed in the United States - Authorizes the imposition of the death penalty for domestic terrorist acts that involve an individual acting as an agent of a foreign power and that result in first degree murder, and up to life imprisonment for acts that result in death that does not constitute first degree murder. Sets forth penalties for attempts or conspiracy to kill (up to life imprisonment) and for engaging in physical violence that results in serious bodily injury (up to ten years' imprisonment, a fine, or both). Specifies that, for purposes of this Act, a person possesses an intent to commit a terrorist act if such person intends to: (1) intimidate or coerce a civilian population; (2) influence the policy of a government by intimidation or coercion; or (3) affect the conduct of a government by assassination, kidnapping, or other violent act. Part III: Increasing Penalties for International Terrorist Acts - Increases the penalties for terrorist acts committed against U.S. nationals abroad. Subtitle B: Preventing Domestic and International Terrorist Acts - Part I: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used to commit, or facilitate the commission of, terrorist acts. Part II: Electronic Communications - Expresses the sense of the Congress that providers of electronic communications services and manufacturers of electronic communications service equipment should ensure that communications systems permit the Government to obtain the plain text contents of voice, data, and other communications when appropriately authorized by law. Part III: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission, and other legal, requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 100 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review. Subtitle C: Preventing Aviation Terrorism - Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both. Subtitle D: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad. Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions. Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution. Subtitle E: Authorizations to Expand Counter-Terrorist Operations by Federal Agencies - Authorizes appropriations for counter-terrorist operations and programs. Title VI: Drive-By-Shooting Act - Drive-By-Shooting Prevention Act of 1991 - Sets penalties for any individual who, in furtherance or to escape detection of a major drug offense, with intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more people causing: (1) grave risk to human life (subject to a fine, up to 25 years' imprisonment, or both); and (2) death of one of those persons (including a sentence of death or life imprisonment without release). Title VII: Assault Weapons - Antidrug, Assault Weapons Limitation Act of 1991 - Amends the Federal criminal code to prohibit the transfer, importation, receipt, or possession of any assault weapon, except: (1) by the Federal, State, or local government; and (2) with respect to weapons lawfully possessed before enactment of this Act. Specifies firearms to be included as assault weapons. Authorizes the Secretary of the Treasury to recommend to the Congress the addition or deletion of firearms to be designated as assault weapons. Increases the length of imprisonment for an individual who uses or carries an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime. Prohibits the sale, shipment, or delivery (or purchase, possession, or acceptance of delivery) of an assault weapon to (or by) any person who does not fill out a specified form. Establishes recordkeeping requirements. Directs the Secretary to prescribe regulations for the request and delivery of such form. Directs the Attorney General to: (1) investigate and study the effect of this title on violent and drug trafficking crime; and (2) submit to the Senate a report on its findings. Specifies the effective period of this title. Title VIII: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director. Requires a State that desires to participate in the Police Corps program or the Law Enforcement Scholarship program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Subtitle A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Authorizes appropriations. Subtitle B: Law Enforcement Scholarship Program - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education. Sets forth State plan requirements, including identifying model curricula and existing programs and providing assurances that the State will promote cooperative agreements to enhance law enforcement personnel recruitment efforts in high schools and community colleges. Sets forth application requirements. Grants priority in awarding scholarships to members of underrepresented groups and to those pursuing an undergraduate degree. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour of financial assistance (with a six-month minimum and two-year maximum). Authorizes appropriations. Subtitle C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers. Title IX: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1991 - Authorizes appropriations for the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Immigration and Naturalization Service (INS), U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services. Title X: Habeas Corpus Reform Act - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability to such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this Act. Sets forth procedures for the appointment of counsel or for allowing a prisoner to proceed pro se. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts, and the failure to raise the claim is the result of State action in violation of the Constitution or laws of United States, is the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence; (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed; or (3) a stay and consideration of the requested relief are necessary to prevent a miscarriage of justice. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Authorizes a district court to refuse to consider a claim under this Act if: (1) the prisoner previously failed to raise the claim in State court at the time and in the manner prescribed by State law; (2) the State courts, for that reason, refused or would refuse to entertain the claim; and (3) such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the U.S. Supreme Court. Provides an exception to such authorization. Makes the requirement for a certificate of probable cause inapplicable, with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this Act shall provide for counsel to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate or collateral review in State court; and (3) who have been sentenced to death and who seek certiorari review in the U.S. Supreme Court. Prescribes minimum qualifications for appointed counsel. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Allows the court to fix the compensation to be paid to an attorney appointed under this Act. Specifies which law is applicable in Federal habeas corpus proceedings. Title XI: Punishment of Gun Criminals - Gun Criminals Punishment Act of 1991 - Requires that any individual who, during and in relation to any crime of violence or drug trafficking crime, discharges a firearm that kills another person, with intent to kill, be sentenced to death or life imprisonment without release. Increases penalties to be imposed in addition to penalties provided for a crime of violence or drug trafficking crime for carrying, possessing, or discharging a firearm during and in relation to such crime to up to ten years for any firearm and ten to 15 years for an assault weapon. Requires an individual to be sentenced to life imprisonment for a second conviction of such an offense if the firearm is an assault weapon. Directs the U.S. Sentencing Commission to promulgate, or amend existing, guidelines to provide for a sentencing enhancement in accord with such provisions. Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction. Increases (from five to ten years) the term of imprisonment for knowingly making a false, material statement in connection with the acquisition of a firearm from a licensed dealer. Sets penalties for: (1) knowingly failing to acquire the proper form or its equivalent with respect to the transfer, transport, receipt, or possession of an assault weapon; and (2) theft of explosive materials. Bars the sale of firearms and explosives to, or possession of firearms and explosives by, persons convicted of a violent or serious drug misdemeanor. Permits a judicial officer to consider pretrial detention of a defendant for certain firearms and explosives offenses. Amends provisions of the Internal Revenue Code of 1986 with respect to the disposal of forfeited firearms to authorize public sale to a licensed dealer, under specified conditions. Title XII: Prison for Violent Drug Offenders - Authorizes appropriations for the construction, and operation for one year, of ten regional prisons. Sets forth provisions with respect to the location and population of such prisons, prisoner eligibility (State and Federal prisoners with release dates of not more than two years from the date of assignment to the prison who have long-term drug abuse problems and serious criminal histories, and who agree to the assignment), State responsibilities, and the powers of the Director of the Bureau of Prisons (e.g., to return any prisoner not complying with program requirements and conditions). Requires any State seeking to refer a State prisoner to a regional prison to submit to such Director an aftercare plan setting forth the provisions that the State will make for the continued treatment of the prisoner in a therapeutic community following release and providing for vocational job training where appropriate. Title XIII: Boot Camps - Directs the Attorney General, within one year, to establish within the Bureau of Prisons ten military-style boot camp prisons. Sets forth provisions with respect to prison capacity, proportion of State to Federal prisoners, and eligibility requirements. Authorizes appropriations. Title XIV: Youth Violence Act - Subtitle A: Increasing Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of general local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes appropriations. Sets forth provisions with respect to application, and review and approval, procedures. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Title XV: Rural Crime and Drug Control Act - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offenses involving crystalline methamphetamine. Subtitle C: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse required to be established under the Public Health Service Act to: (1) gather information pertaining to the Alcohol, Drug Abuse, and Mental Health Administration and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Subtitle D: Rural Land Recovery Act - Specifies that each of the Rural Drug Enforcement Task Forces shall include one Director of Rural Land Recovery. Requires that assets seized from rural clandestine methamphetamine and other dangerous drugs laboratory operations and their operators be used primarily to fund the decontamination of the property and immediate environment chemically fouled by such operations or operators (and any remaining assets used to decontaminate other such sites throughout the jurisdiction of the task force). Directs State and Federal prosecutors, when bringing charges against the operators of such laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances. Title XVI: Drug Emergency Areas Act of 1991 - Drug Emergency Areas Act of 1991 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond. Requires Governors or chief executive officers, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan. Limits the duration of assistance to a drug disaster area to one year, after the Governors or chief executive officers may apply for an extension of up to 180 days. Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Title XVII: Drunk Driving Child Protection Act - Drunk Driving Child Protection Act of 1991 - Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine in addition to any term of imprisonment under State law for driving under the influence of drugs or alcohol if a non-driving minor was present in the vehicle at the time of the offense. Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a non-driving minor is present in the vehicle by up to one year's imprisonment and an additional $1,000 fine. Title XVIII: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to: (1) develop a comprehensive crime control plan to serve as a blueprint for action in the 1990s; (2) bring attention to successful models and programs; (3) reach beyond the traditional criminal justice community for ideas; and (4) recommend improvements in local, State, and Federal coordination. Sets forth the composition of the Commission, its responsibilities, administrative provisions, reporting requirements, and its termination date. Title XIX: Protection of Crime Victims - Victims' Rights and Restitution Act of 1991 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Requires all Federal law enforcement agencies to make their best efforts to accord victims of crime with the right to: (1) be treated with fairness and respect for the victim's dignity and privacy; (2) be protected against their accused offenders; (3) be notified of court proceedings; (4) attend public court proceedings related to the offense under certain conditions; (5) confer with the Government attorney assigned to the case; (6) receive restitution; and (7) receive information about the conviction, sentencing, imprisonment, and release of the offender. Directs Federal law enforcement agency heads to designate the persons required by this Act to identify and provide certain services to the victims of a crime such as informing victims about where to receive medical care, counseling, and police protection and about developments during the investigation and prosecution of the crime and after the trial (such as the arrest of a suspected offender or an escape of a convicted offender). Directs the Attorney General or the head of another department or agency that conducts an investigation of a sexual assault to pay, either directly or by reimbursement, the cost of a physical examination of the victim which an investigating officer determines was necessary or useful for evidentiary purposes. Directs that a responsible official provide the victim with general information regarding the corrections process, including information about work release, furlough, and probation. Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the Federal Aviation Act of 1958. Authorizes the court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders. Amends the Federal Bankruptcy code to make an exception to a discharge in bankruptcy to the extent that the debt arises from a proceeding brought by a governmental unit to recover a civil or criminal restitution, or to the extent that such debt arises from an agreed judgment or other agreement by the debtor to pay money or transfer property in settlement of such an action by a governmental unit. Title XX: Crack House Eviction Act - Amends the CSA to authorize: (1) the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances; and (2) the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate. Directs the Attorney General to: (1) aggressively pursue the use of criminal penalties, civil injunctions, forfeiture sanctions, and other remedies against drug offenders; and (2) report annually to the Congress on the manner and extent to which such remedies are being used and their effect in curtailing drug trafficking. Title XXI: Organized Crime and Dangerous Drugs Division - Subtitle A: Establishment of an Organized Crime and Dangerous Drugs Division in the Department of Justice - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1991 - Establishes within DOJ the Organized Crime and Dangerous Drugs Division, consisting initially of specified offices within the Criminal Division of DOJ and the Organized Crime Drug Enforcement Task Force Program. Transfers to such Division all functions, personnel, and available funds of such offices and program. Requires such Division to be headed by an Assistant Attorney General for the Organized Crime and Dangerous Drug Division and a Deputy Assistant. Establishes within such Division such sections and offices as the Attorney General deems appropriate to maintain or increase the level of enforcement activities with respect to criminal racketeering, narcotics trafficking, money laundering, asset forfeiture, international crime, and civil enforcement. Directs the Attorney General to establish at least 20 field offices of the Division to be known as Organized Crime and Dangerous Drug Strike Forces. Sets forth additional provisions with respect to coordination of field activities and the transfer of staff assigned to the Task Forces to the Division (designated the Criminal Narcotics Section). Specifies that the agents assigned to the Strike Forces shall be dedicated exclusively to, and located with, the Strike Forces and shall be given credit for the work of the Strike Forces. Requires the Assistant Attorney General for Organized Crime and Dangerous Drugs to report to the Congress on the areas of the United States that may require increased assistance from DOJ through the establishment of additional strike forces. Authorizes appropriations for salaries and expenses of the Division for FY 1992, subject to certain limitations. Subtitle B: International Prosecution Teams - Requires the Division to include at least ten International Drug Enforcement Teams: (1) devoted exclusively to investigating, prosecuting, and supporting the investigation and prosecution of international drug cases; and (2) responsible for developing expertise in handling civil and criminal cases involving extradition, money laundering, drug-related corruption, and other complex cases relating to international drug trafficking. Specifies relationships of team members and goals, including improved coordination and cooperation between the United States and foreign countries in the suppression of international money laundering and narcotics trafficking. Title XXII: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure that was in violation of the fourth amendment to the Constitution if the search or seizure was carried out in reasonable reliance on a warrant that was issued by a detached and neutral magistrate and that was ultimately found to be invalid, unless: (1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for this reckless disregard of the truth; (2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant; (3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient that the executing officers could not reasonably presume it to be valid. Title XXIII: Drug Testing - Federal Prisoner Drug Testing Act of 1991 - Amends the Federal criminal code to require, as a condition of probation, supervised release, or parole, that the defendant pass a drug test prior to the imposition of sentence, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the court) for use of a controlled substance. Specifies that no action may be taken against a defendant pursuant to such a drug test unless the test confirmation is a urine drug test confirmed using gas chromatography/mass spectrometry techniques or one determined to be of equivalent accuracy.
Bill· SS. 614 (102nd)referred
United States · United States Congress · 12 March 1991
Amends title XVIII (Medicare) of the Social Security Act to limit Medicare coverage of chiropractic services to diagnostic x-rays, physical examinations, and certain spinal manipulations conducted by State-licensed chiropractors who are legally authorized by the State to provide such services.
Bill· HRH.R. 1393 (102nd)open
United States · United States Congress · 12 March 1991
Medicaid Breast and Cervical Cancer Amendments of 1991 - Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage of: (1) screening mammograms for women who are at least 35, but under 65, years of age according to frequency guidelines similar to those imposed by the Omnibus Budget Reconciliation Act of 1990 under the Medicare program (title XVIII of the Social Security Act); and (2) screening pap smears. Provides for Federal assumption of 100 percent of the cost of providing such screening services.
Bill· HRH.R. 1407 (102nd)open
United States · United States Congress · 12 March 1991
Emerging Telecommunications Technologies Act of 1991 - Requires the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC) to conduct joint electromagnetic spectrum planning meetings with respect to: (1) future spectrum needs and the allocation actions to accommodate those needs; and (2) actions to promote the efficient use of the spectrum. Directs the Secretary to submit reports to the President that identify frequency bands that: (1) are allocated on a primary basis for Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for present or identifiable future Government needs; (3) can be made available for use under the Act for non-Government users; (4) are likely to have significant value for such users; and (5) will not result in excessive costs to the Government. Sets forth criteria for identifying, and recommending for reassignment or sharing, such frequency bands. Requires such reports to make an initial identification of 30MHz of spectrum for immediate reallocation and distribution by the FCC pursuant to competitive bidding procedures, and preliminary and final identifications of additional reallocable frequency bands. Directs the Secretary to convene an advisory committee to: (1) review frequency bands identified in the preliminary report; (2) advise the Secretary with respect to those bands which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit to the Secretary and specified congressional committees a report on recommendations for the reform of allocating the spectrum between Government and non-Government users. Directs the President to: (1) withdraw or limit the assignment to a Government station of any frequency recommended in the initial identification report for reallocation; (2) withdraw or limit the assignment to a Government station of any frequency recommended in the final report for reallocation or mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of such actions taken. Authorizes the President to substitute alternative frequencies in the interests of national defense, important Government needs, public health or safety, or Federal financial considerations. Provides that any Government licensee, or non-Government entity operating on behalf of a Government licensee, that is displaced from a frequency pursuant to this Act may be reimbursed not more than the incremental costs it incurs, in such amounts as provided in advance in appropriation Acts, that are directly attributable to the loss of the use of the frequency pursuant to this Act. Authorizes appropriations to affected licensee agencies to cover such costs. Directs the FCC to form a plan to assign the spectrum identified in the initial report pursuant to competitive bidding procedures during FY 1994 through 1996. Directs the FCC to submit to the President a plan for the distribution of the remaining reallocated frequency bands. Authorizes the President to reclaim reallocated frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Amends the Act to require the FCC to use competitive bidding for awarding all initial licenses and new construction permits, subject to specified exclusions. Outlines criteria for awarding licenses and permits under competitive bidding procedures. Prohibits licensing by lottery when competitive bidding is required.
Bill· HRH.R. 1398 (102nd)referred
United States · United States Congress · 12 March 1991
Mickey Leland Adolescent Pregnancy Prevention and Parenthood Act of 1991 - Amends the Public Health Service Act to replace the title on adolescent family life demonstration projects with a title on adolescent pregnancy prevention, care, and research grants. Authorizes the Secretary of Health and Human Services to make grants to provide, supplement, or improve the quality of care services to pregnant adolescents and their male partners and adolescent parents and prevention services to nonpregnant adolescents. Requires grantees to charge fees for services only under a fee schedule, approved by the Secretary, based on the income of the person and taking into account the difficulty adolescents face in obtaining resources to pay for services. Prohibits discrimination because of an individual's inability to pay for services. Sets forth priorities in making grants, including giving priority to applicants that: (1) serve an area with a high incidence of adolescent pregnancy; and (2) serve an area with a high proportion of low-income families and low availability of care programs. Requires that the amount of a grant be set by the Secretary. Limits a grant, subject to waiver for one year, to 75 percent of the cost of a program. Specifies the information and assurances which must accompany a grant application. Directs the Secretary to coordinate Federal policies and programs providing services relating to the prevention of initial and recurrent adolescent pregnancies and providing care services, including by requiring grantees under these provisions to report concerning Federal, State, and local policies that interfere with delivery and coordination of programs of care for pregnant adolescents and adolescent parents. Authorizes the Secretary to make grants to institutions of higher education to support and disseminate the results of research relating to adolescent pregnancy. Limits grants or contracts to: (1) one year, subject to renewal for four additional one-year periods; and (2) subject to waiver, a specified dollar amount. Allows funds to be used for descriptive or explanatory surveys, evaluation studies, longitudinal studies, or limited programs for services that are for the purpose of increasing knowledge and understanding of specified matters. Directs the Secretary to establish a system for the review of grant and contract applications which is similar to the system of scientific peer review of the National Institutes of Health. Allows grants only to programs determined by the review panel to have scientific merit. Authorizes appropriations, earmarking at least two-thirds of appropriated funds for services, with no more than one-third of those amounts used for grants for prevention services. Prohibits using grant funds for the performance of an abortion.
Bill· HRH.R. 1394 (102nd)referred
United States · United States Congress · 12 March 1991
Medicaid AIDS and HIV Amendments of 1991 - Amends title XIX (Medicaid) of the Social Security Act to allow each State to provide Medicaid coverage of HIV-related services for individuals who have the HIV virus and an abnormally low immune function that places them at risk of contracting opportunistic diseases or life-threatening conditions related to acquired immune deficiency syndrome (AIDS) and whose income and resources do not exceed the maximum amounts allowed under the State Medicaid program for disabled individuals. Allows States to provide Medicaid home and community-based services to children who have the HIV virus and an abnormally low immune function for which medical intervention is indicated to prevent hospitalization. Applies the same income and resource eligibility standards as would apply if such children were hospitalized. Includes as federally-qualified health centers an entity receiving a grant under the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 for the provision of early intervention services to individuals who have the HIV virus. Authorizes States to provide Medicaid coverage of the early intervention services provided by federally qualified health centers under such grant program to low-income individuals who have the HIV virus. Authorizes a Health and Human Services residential care facility demonstration program for certain Medicaid-eligible individuals who have the HIV virus and need housing or attendant care to allow them to remain at home.
Bill· HRH.R. 1392 (102nd)referred
United States · United States Congress · 12 March 1991
Medicaid Child Health Amendments of 1991 - Amends title XIX (Medicaid) of the Social Security Act to permit States to provide Medicaid coverage to all children who have attained age six but not age 19 and whose family income does not exceed 185 percent of the Federal poverty level. (Currently, States are required to cover only certain children between such ages, and only those whose family income does not exceed 133 percent of the Federal poverty level.) Permits States to provide an additional 12 months (currently, 12 months total) of extended Medicaid coverage to families whose AFDC eligibility ends due to the caretaker relative's employment. Requires States which provide prospective Medicaid payments to hospitals to reimburse hospitals which serve a disproportionate share of low-income patients for exceptionally costly or lengthy stays by children up to age 19. Directs States to provide Medicaid coverage for disabled children under age 19 but who are not eligible for benefits under title XVI (Supplemental Security Income) of the Social Security Act. Prohibits the discontinuance of the Medicaid benefits of a child under age 19 until he or she is determined to be ineligible for such benefits on any basis. Allows States to extend Medicaid coverage to: (1) foster care children under age 19 whose incomes are above State cash assistance eligibility levels but below the Federal poverty level; and (2) migratory agricultural workers and their families.
Bill· HRH.R. 1391 (102nd)referred
United States · United States Congress · 12 March 1991
Medicaid Infant Mortality Amendments of 1991 - Amends title XIX (Medicaid) of the Social Security Act to require mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Provides 100 percent Federal financing of the costs of services to pregnant women and infants whose family income is between 133 and 185 percent of the Federal poverty level. Prohibits application of resource testing to pregnant women and infants. Authorizes States to provide Medicaid coverage of home visitation services with respect to high-risk infants. Provides for flexibility in determining the limitation on Federal payments to States for Medicaid services provided to pregnant women and infants. Requires States to include in their Medicaid benefit packages primary health services for residents of public housing provided by an entity which meets the requirements to receive a grant under the Public Health Service Act to fund the provision of such services.
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